2010050306 Staff Report.~pW N OF
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DATE: APRIL 22, 2010
MEETING DATE: 05/03/10
ITEM NO:
TO; MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER
SUBJECT: GENERAL PLAN AMENDMENT. GP-07-001; PLANNED DEVELOPMENT
PD-07-142; AND NEGATIVE DECLARATION ND-07-143. PROJECT
LOCATION: PLACER OAKS ROAD. PROPERTY OWNER/APPLICANT:
CUPERTINO DEVELOPMENT CORPORATION.
A. CONSIDER RESCISSION OF PLANNED DEVELOPMENT ORDINANCES
2081 AND 2122 TO CONSTRUCT 49 APARTMENT UNITS. APNS: 529-16-
042, 026, 073, 529-14-012 AND 067. PROPERTY LOCATION: 517 AND 615
BLOSSOM HILL ROAD AND PLACER OAKS ROAD. PROPERTY
OWNERS: GREENLEAF ASSOCIATES LLC, DUNN PROPERTIES, LP,
CUPERTINO DEVELOPMENT CORPORATION. APPLICANT:
CUPERTINO DEVELOPMENT CORPORATION
B. CONSIDER APPROVAL OF A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION FROM MEDIUM DENSITY
RESIDENTIAL TO LOW DENSITY RESIDENTIAL
C. CONSIDER APPROVAL OF A PLANNED DEVELOPMENT TO CHANGE
THE ZONE FROM RM:S-12;PD TO R-1:8: PD, TO CONSTRUCT TEN
SINGLE FAMILY HOUSES. APNS 529-16-073, 529-14-012, AND 067.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended the Town Council:
1. Accept the Plamling Commissions findings and recommendations in the form of meeting
minutes (Attachment 2).
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance _~,Community Development
N:\DIiV\CNCLRPTS\2010\Placeroaks. doc
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT;. PLACER OAKS ROAD
Ap~il22, 2010
2. Adopt the Mitigated Negative Declaration (Exhibit 5 of Attachment 8) and the Mitigation
Monitoring Plan (Exhibit 6 of Attachment 8).
3. Find-that the General Plan Amendment is consistent with the General Plan (Attachment 11)
and adopt a resolution to change the designation from Medium Density Residential to Low
Density Residential at Placer Oaks Road (Attachment 12).
4. Adopt the findings supporting the zone change (Attachment 11) and approve the application
subject to the performance standards included in the Planned Development Ordinance
(Attachment 13).
5. Introduce an ordinance of the Town of Los Gatos rescinding Ordinances 2081 and 2122
(Exhibits 3 and 4 of Attaclunent 8) and effecting a Zone Change from RM:S-12:PD to R-
1:8:PD, at Placer Oaks Road, to be read in title only, further reading waived (Attachment 13).
ALTERNATIVES:
Instead of the actions above, the Council may:
• Continue the project to a date certain with specific direction (motion required); or
• Remand the project to the Planning Commission with specific direction (motion
required); or
• Move to deny the General Plan amendment and/or zone .change (motion required).
BACKGROUND:
On March 19, 2001, the Town Council approved a General Plan amendment for the three subject
vacant Placer Oaks properties from Low Density Residential to Medium .Density Residential and
adopted Ordinance No. 2081 for a Planned Development (PD) to construct up to 49 apartment
units, which included eight Below Marlcet Price units (BMP), and a recreation building (Exhibit 3
of Attachment 8) on the Placer Oalcs and Blossom Hill Road properties. Access to the
development is from Blossom Hill Road. The subject site includes five parcels, three of which
are owned by different property owners. On February 12, 2003, the Planning Commission
approved an Architecture and Site application to consti~.lct the 49 units and the recreation
building. On November 17, 2003, Town Council adopted Ordinance 2122 (Exhibit 4 of
Attaclunent 8) to amend the original PD ordinance to delete the requirement for an emergency
access road.
The applicant did not vest their approval and requested and received approval for two separate
time extensions for their Architecture and Site application. The last time extension expired on
April 17, 2008. It is staff's understanding that the three property owners have decided not to
pursue the apartment project due to the changing interests among the past and current property
owners.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PLACER OAKS ROAD
Ap~il22, 2010
DISCUSSION:
A. Project SummarX
The applicant is requesting approval of the following:
• Eliminate the PD overlay zone (Ordinances 2081 and 2122), for the parcels which
have access from Blossom Hill Road and establish a Plamled Development for the
vacant parcels which have access from Placer Oaks Road.
• A General Plan amendment from Medium Density Residential to Low Density
Residential.
• A zone change from RM:S-12:PD to RM:1:8:PD,
• A ten lot single family subdivision (includes one BMP unit), which equates to a
density of 2.94 units per acre (BMP units are not counted towards the density).
• Lots will range in size from 4,258 to 14,859 square feet.
• The market rate units will range in size from 2,670 to 2,765 square feet (excluding
garages). The BMP unit will contain approximately 1,243 square feet (excluding
garage).
• Open, undeveloped area of 35,974 square feet (Lots B and D).
• Applicant has offered the proposed BMP parcel as an alternative site to relocate the
historic Fiesta Way house. The Planned Development Ordinance has been drafted to
include the Fiesta house as a BMP alternative.
Please see Attachments 1, 5, and 8 for additional information regarding the project.
B. Planning Commission
On September 23, 2009, the Planning Commission considered these applications (see
Attaclunent 10). The Commission considered and continued the matter with the following
directions:
• Provide for relocation of the road.
• Provide architectural diversity.
• Look at traffic calming measures.
• Provide photo simulation of sound wall.
• Provide an alternative with a BMP unit constructed on site.
On November 18, 2009, the Commission considered and continued the matter with the
following directions (see Attaclunent 6);
• Further develop the Alternative B ten lot subdivision.
• Retain the BMP unit.
• Significantly increase architectural diversity.
• Consider reducing the intensity in the house sizes, working toward eliminating the
flag lot.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: PLACER OAFS ROAD
ApNil22, 2010
On March 10, 2010, the Planning Commission considered the matter (see Attachment 2).
The Commission stated that they did not support the subject site as one of the alternative sites
to relocate the historic Fiesta Way house. The Commission could not find that the Fiesta
house was reasonably compatible with the homes proposed. The Commission recommended
approval of the requests with the following changes to the performance standards of the
Planned Development Ordinance:
• The BMP unit may be allowed to.increase in square footage to be more compatible
with the market rate houses.
• Require architectural diversity during the Architecture and Site approval process.
• The applicant shall provide documentation on how the project has been designed and
the proposed construction methods and/or materials to lower the dBA, to come as
close as possible to meeting the Town's noise requirements during the Architecture
and Site approval process, building permit and construction process.
In regards to the noise concerns raised by the Commission, although the Town's noise level
goal will not be met with additional construction methods and materials as recommended by
the Commission, Policy N.P1.7 of the Noise Element of the General Plan states that these
noise limits represent the "long range community aspirations" and_ aclalowledges that such
goals may not be attainable at this time. Furthermore, Implementation Strategy N.I.1.13 of
the Noise Element recognizes that these goals may not be met in certain areas and states that
all developments adjacent to or within an area where noise levels exceed community
aspirations, shall include a noise study and recommendations for reducing noise impacts to
acceptable levels. The Town's noise level goals are more appropriate for residential
neighborhoods that are located away from major noise sources (such as freeways or arterial
roadways). In areas where the Town's noise goal camlot be met, the Town has approved
projects using the State's land use compatibility noise guidelines as a criterion for defining
significance of a noise impact under CEQA as noted in a footnote in the Initial Study for this
project.
The changes requested by the Planning Commission have been incorporated in tl~e draft
Ordinance (Attachment 13). A modification has also been made to a performance standard
by t11e County Fire Department regarding specification requirements for decorative roadway
paving.
CONCLUSION:
The proposed General Plan amendment would convert the general land use designation to what
previously existed prior to the PD. The proposal is compatible with the existing land use in the
Placer Oalcs neighborhood. Since access to the site is only available from Placer Oaks Road, a
low density development as opposed to a medium density development would be consistent with
the Land Use Element of the General Plan in regards to maintaining the character and
compatibility with existing neighborhoods. The proposed density of 2.94 units per acre is
compatible with the neighborhood (BMP units are not counted towards the density). Therefore,
the Planning Commission and staff support the proposal.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: PLACER OAKS ROAD
April 22, 2010
ENVIRONMENTAL ASSESSMENT:
A Mitigated Negative Declaration was prepared for this proposal (see Exhibit 5 of Attachment
8).
FISCAL IMPACT:
None.
Attaclunents:
Previously submitted to the Town Council under separate cover:
1. Report to the Planning Commission for the meeting of March 10, 20 L0.
2. Excerpt of the Planning Commission verbatim meeting minutes of March 10, 2010.
3. Report to the Planning Commission for the meeting of February 24, 2010.
4. Report to the Planning Commission for the meeting of January 13, 2010.
5. Report to the Planning Commission for the meeting of November 18, 2009.
6. Excerpt of the Planning Commission verbatim meeting minutes of November 18, 2009.
7. Report to the Planning Commission for the meeting of October 28, 2009.
8. Report to the Planning Commission for the meeting of September 23, 2009.
9. Deslc item report to the Plam~ing Commission for the meeting of September 23, 2009.
10. Excerpt of the Planning Commission verbatim meeting minutes of September 23, 2009.
Attaclm7ents submitted under this cover:
11. Required Findings.
12. Resolution for General Plan Amendment.
13. Revised Draft Pla>uied Development Ordinance (including zone change map and
development plans, received March 3, 2010)
Distribution:
cc: Greenleaf Associates LLC, 2971 Gordon Avenue, Santa Clara, CA 95051
Dunn Properties, Lp, 301 Alta Loma Lane, Santa Cruz, CA 95062
Cupertino Development Corporation, 1307 So. Mary, Suite 120, Sunnyvale, CA 94087
Rodger Griffin, Paragon Design Group, Inc., 405 Alberto Way, Suite #C, Los Gatos, CA 95032
WRR: SLB: cgt
N:\DEV\CNCLRPTS\2010\PI aceroaks. do c
Meeting Date: May 3, 2010
Subject: Placer Oaks Road
Attachments 1-11
Previously submitted to the Town Council under
separate cover .are available for review in the Clerk
Department