Staff Report.15860-15894 Winchester, 17484 Shelburne
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: 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: 09/10/2025
ITEM NO: 3
DATE: September 5, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval of a One-Year Time Extension for the
Existing Architecture and Site (S-21-008), Conditional Use Permit (U-21-010),
Variance (V-21-003), and Lot Merger (M-22-008) Applications to Demolish
One Existing Office and Three Residential Buildings, Construct an Assisted
Living and Memory Care Facility, a Variance from the Maximum Height and
Lot Coverage of the Zone, Merger of Four Lots Into One, and Removal of
Large Protected Trees on Property Zoned O. Located at 15860-15894
Winchester Boulevard and 17484 Shelburne Way. APNs 529-11-013, -038,
-039, and -040. Architecture and Site Application S-25-034, Conditional Use
Permit Application U-25-004, Variance Application V-25-001, and Subdivision
Application M-25-007. A Mitigated Negative Declaration (ND-22-001) was
Adopted for this Project. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Sean Mullin.
RECOMMENDATION:
Consider a request for approval of a one-year time extension for the existing Architecture and
Site (S-21-008), Conditional Use Permit (U-21-010), Variance (V-21-003), and Lot Merger (M-22-
008) applications to demolish one existing office and three residential buildings, construct an
assisted living and memory care facility, a Variance from the maximum height and lot coverage
of the zone, merger of four lots into one, and removal of large protected trees on property
zoned O, located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way.
PAGE 2 OF 7
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/
S-25-034, U-25-004, V-25-001, and M-25-007
DATE: September 5, 2025
PROJECT DATA:
General Plan Designation: Office Professional
Zoning Designation: O (Office)
Applicable Plans & Standards: General Plan, Commercial Design Guidelines
Parcel Size: 1.3 acres (56,889 square feet)
Surrounding Area:
CEQA:
A Mitigated Negative Declaration (ND-22-001) was adopted for this project by the Town Council
on September 19, 2023. No further environmental analysis is required.
FINDINGS:
▪ A Mitigated Negative Declaration (ND-22-001) was adopted for this project by the Town
Council on September 19, 2023. No further environmental analysis is required.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) except for the height and lot coverage variances requested.
▪ As required by Section 29.10.09030 (e) of the Town Code for the demolition of existing
structures.
▪ As required by Section 29.20.170 of the Town Code for granting a Variance application.
▪ As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
▪ As required by Section 66474 of the State Subdivision Map Act.
▪ That the proposed project is consistent with the Commercial Design Guidelines.
▪ There would be no legal impediment to granting a new application for the same approval as
required by Section 29.20.325 (b) of the Town Code for granting a one-year time extension.
▪ The conditions originally applied or new conditions to be applied as part of the extension
approval are adopted to any new facts concerning the proposed project as required by
Section 29.20.325 (b) of the Town Code for granting a one-year time extension.
Existing Land Use General Plan Zoning
North Residential, Office,
and Commercial
Office Professional O
South Residential Medium Density Residential O
East Commercial Service Commercial and Office Professional LM and O
West Office Low Density Residential O
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SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/
S-25-034, U-25-004, V-25-001, and M-25-007
DATE: September 5, 2025
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject site is the combination of four parcels forming an approximately 1.31-acre site at
the intersection of Winchester Boulevard and Shelburne Way (Exhibit 1). The site is currently
developed with three single-family residences; a single-family residential structure that is
currently occupied by a commercial construction business; and multiple detached accessory
structures for a total of nine structures on the site. The existing zoning is Office (O), and the
General Plan Land Use designation is Office Professional.
On August 9, 2023, the Planning Commission considered the proposed project (Exhibits 5
through 8). The Planning Commission approved the project with two additional conditions
requiring a reduction in height and planting of evergreen screening trees (Exhibit 3, Conditions
3 and 4).
On August 21, 2023, the Planning Commission decision was appealed by a neighbor.
On September 19, 2023, the Town Council considered the appeal of the Planning Commission
decision and was unable to make the findings required to grant an appeal, in accordance with
Town Code Section 29.20.275. The Town Council voted three-to-two to deny the appeal and
uphold the decision of the Planning Commission approving the project (Exhibit 9).
The project approval expires two years from the approval date pursuant to Town Code Section
29.20.320, unless the approval has been used. Pursuant to Section 29.20.335 an approval is
vested if substantial construction work specifically for the project is lawfully performed after
the approval is granted, in reliance on the approval and in reliance on validly issued building
permits.
The applicant requests a one-year time extension to the existing Architecture and Site
(S-21-008), Conditional Use Permit (U-21-010), Variance (V-21-003), and Lot Merger (M-22-008)
applications pursuant to Town Code Section 29.20.325 (Exhibit 10).
PAGE 4 OF 7
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/
S-25-034, U-25-004, V-25-001, and M-25-007
DATE: September 5, 2025
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the northeast corner of Winchester Boulevard and Shelburne
Way (Exhibit 1). Access to the project site is provided on Winchester Boulevard and
Shelburne Way.
B. Project Summary
The applicant is proposing to demolish one existing office, three residential buildings, and
multiple accessory structures and remove large protected trees to construct a new three-
story assisted living and memory care facility. The proposed project also includes a Variance
for height and lot coverage and a lot merger of the four lots into one.
C. Zoning Compliance
An assisted living and memory care facility use is allowed as a conditional use in the O zone
and requires approval of a Conditional Use Permit (CUP). Further analysis is provided in the
August 9, 2023, Planning Commission staff report included as Exhibit 6.
DISCUSSION:
A. One-Year Time Extension
The applicant requests a one-year time extension to the existing Architecture and Site
(S-21-008), Conditional Use Permit (U-21-010), Variance (V-21-003), and Lot Merger
(M-22-008) applications (Exhibit 11) as the application will expire on September 19, 2025.
The applicant indicates that additional time is needed to allow for market adjustments
toward more favorable financial conditions.
Pursuant to Section 29.20.325 (a) of the Town Code, reasonable extensions of time not
exceeding one (1) year may be granted by the body having jurisdiction to grant the original
application. Extensions are valid only if approved before the pending expiration date and
are measured from that date. Repeated extensions may be granted, and new conditions
imposed.
Pursuant to Section 29.20.325 (a) of the Town Code, before granting an extension of time
the deciding body must find from the evidence:
1. There would be no legal impediment to granting a new application for the same
approval.
PAGE 5 OF 7
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/
S-25-034, U-25-004, V-25-001, and M-25-007
DATE: September 5, 2025
Staff Response: The scope of the project remains the same. There would be no legal
impediment to granting a new application for the same approval.
2. The conditions originally applied or new conditions to be applied as part of the
extension approval are adopted to any new facts concerning the proposed project.
Response: The recommended Conditions of Approval have been updated to meet current
Fire, Building, Engineering, and Planning regulations and requirements (Exhibit 3).
B. CEQA Determination
A Mitigated Negative Declaration (ND-22-001) was adopted for this project by the Town
Council on September 19, 2023. No further environmental analysis is required.
PUBLIC COMMENTS:
Project signage was installed on the site and written notice was sent to property owners and
tenants located within 300 feet of the subject property.
On April 4, 2023, the Town Council granted a request from the applicant to allow an exception
to the Story Pole Policy to allow a video rendering in place of story poles. The video rendering
was made available on the Town’s website, the web address of which was provided on the
project signage and linked via QR code. The video rendering is also available for viewing online
here: https://drive.google.com/open?id=1fJyzZYoRtT0SZynO_bkfnDLpiEl812rC&usp=drive_fs
As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
A. Summary
The applicant is requesting approval of a one-year time extension to an existing
Architecture and Site, CUP, Lot Merger, and Variance applications to allow demolition of the
existing buildings onsite, construction of an assisted living and memory care facility, and
remove large protected trees. The lot merger would merge four lots into one, and the
variances requested are for maximum allowed height and lot coverage.
The project is consistent with the Zoning (except for the variance requests), General Plan,
and applicable Commercial Design Guidelines.
PAGE 6 OF 7
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/
S-25-034, U-25-004, V-25-001, and M-25-007
DATE: September 5, 2025
B. Recommendation
Based on the analysis in the Planning Commission Staff report of August 9, 2023 (Exhibit 6),
staff recommends approval of a one-year extension to the existing Architecture and Site
(S-21-008), Conditional Use Permit (U-21-010), Variance (V-21-003), and Lot Merger
(M-22-008) applications subject to the recommended conditions of approval (Exhibits 3 and
4). If the Planning Commission finds merit with the proposed project, it should:
1. Make the finding that no further environmental analysis is required (Exhibit 2);
2. Make the finding that the project meets the objective standards of Chapter 29 of the
Town Code (Zoning Regulations) except for the height and lot coverage variances
requested (Exhibit 2);
3. Make the finding for the demolition of existing structures as required by Town Code
Section 29.10.09030 (e) (Exhibit 2);
4. Make the required findings as required by Section 29.20.170 of the Town Code for
granting a Variance (Exhibit 2);
5. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2);
6. Make the required findings as required by Section 66474 of the Subdivision Map Act
(Exhibit 2);
7. Make the finding that the project complies with the Commercial Design Guidelines
(Exhibit 2);
8. Make the finding that there would be no legal impediment to granting a new application
for the same approval as required by Section 29.20.325(b) of the Town Code for
granting a one-year time extension (Exhibit 2);
9. Make the finding that the conditions originally applied or new conditions to be applied
as part of the extension approval are adopted to any new facts concerning the proposed
project as required by Section 29.20.325(b) of the Town Code for granting a one-year
time extension (Exhibit 2);
10. 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
11. Approve a one-year extension of the project by approving Architecture and Site
Application S-25-034, Conditional Use Permit Application U-25-004, Variance Application
V-25-001, and Subdivision Application M-25-007with the conditions contained in
Exhibits 3 and 4 and the development plans in Exhibit 11.
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
PAGE 7 OF 7
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/
S-25-034, U-25-004, V-25-001, and M-25-007
DATE: September 5, 2025
3. Deny the application.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Draft Conditions of Approval for Architecture and Site, Variance, and Lot Merger
4. Draft Conditions of Approval for Conditional Use Permit
5. August 9, 2023 Planning Commission Staff Report with Exhibits 2 through 14
6. August 9, 2023 Planning Commission Addendum with Exhibit 15
7. August 9, 2023 Planning Commission Desk Item with Exhibit 16
8. August 9, 2023 Planning Commission Meeting Minutes
9. Town Council Resolution 2023-054
10. Applicant’s Request for Extension
11. Development Plans
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