Staff Report
PREPARED BY: JENNIFER ARMER
Associate Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and
Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2017
ITEM NO: 13
DATE: SEPTEMBER 12, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-14-002, MITIGATED NEGATIVE
DECLARATION ND-16-002. PROJECT LOCATION: 105 NEWELL AVENUE.
PROPERTY OWNER: TANGO PAPPA. APPLICANT: CAMARGO & ASSOCIATES
ARCHITECTS.
A. CONSIDER ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM.
B. REQUEST FOR A PLANNED DEVELOPMENT TO REZONE A PROPERTY
FROM R-1:12 TO R-1:12:PD, TO ALLOW FOR THE DEMOLITION OF AN
EXISTING BUILDING, SUBDIVISION OF ONE LOT INTO FOUR, AND
CONSTRUCTION OF FOUR NEW SINGLE-FAMILY RESIDENCES ON
PROPERTY ZONED R-1:12. APN 409-24-026.
RECOMMENDATION:
It is recommended that the Town Council accept the Planning Commission’s recommendation
and adopt the Final Mitigated Negative Declaration (Attachment 1, Exhibit 13) and Mitigation
Monitoring Reporting Program (Attachment 1, Exhibit 14) and adopt an Ordinance (Attachment
8) approving the Planned Development application.
BACKGROUND:
Los Gatos Elks Lodge previously occupied the subject 1.4-acre site. The site contains a building
and paved parking lot that covers the majority of the site. The site is accessed by a driveway at
the northeast corner of the site at the Winchester Boulevard and Newell Avenue intersection.
The site also contains 38 protected trees.
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SUBJECT: 105 NEWELL AVENUE/PD-14-002/ND-16-002
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BACKGROUND (Continued):
The applicant presented development proposals for the subject site to the Conceptual
Development Advisory Committee (CDAC) on December 11, 2013. Summary minutes of the
CDAC meeting are attached (Attachment 1, Exhibit 4).
An Initial Study/Mitigated Negative Declaration (IS/MND) (previously distributed under
separate cover on June 10, 2016), Responses to Comments (Attachment 1, Exhibit 12), and a
Mitigation Monitoring and Reporting Program (Attachment 1, Exhibit 14) have been prepared
for the project. A Final MND (Attachment 1, Exhibit 13) was prepared to show minor changes in
response to comments that were received. Mitigation measures have been incorporated into
the performance standards within the proposed Planned Development (PD) Ordinance
(Attachment 8).
The Planning Commission considered the applications on September 14, 2016. The applications
were continued to a date uncertain to allow the applicant time to address staff’s previous
technical comments and concerns. The application was brought back to the Planning
Commission on August 19, 2017. The Commission forwarded a recommendation for approval
to the Town Council as discussed in more detail in this report. The Council is the final deciding
body for the PD application.
If the PD is approved, future required applications would include Subdivision (including
installation of roadway improvements and recordation of easements), and Architecture and
Site (A&S) applications for each new building. All of these subsequent applications would need
to be approved and other Town requirements satisfied prior to construction.
DISCUSSION:
A. Project Summary
The applicant is proposing a PD to rezone the subject site from R-1:12 to R-1:12:PD to allow
for the demolition of an existing building, subdivision of one lot into four lots, installation of
a new private roadway, construction of four new single-family homes, and removal of 36
trees.
The proposed PD would allow the 1.4-acre site to be subdivided into four lots ranging from
13,115 square feet to 16,287 square feet. An easement would provide for the construction
of a private street to access the new lots from Newell Avenue. The applicant’s proposal
would require the following exceptions:
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DISCUSSION (Continued):
Floor area exception for Lots 1 and 4;
Cut and fill depth exceeding the maximum allowed by the Hillside Development
Standards & Guidelines (HDS&G) for lots with greater than 10 percent slope; and
Retaining walls running in a straight continuous direction for more than 50 feet without
a break, offset, or planting pocket.
B. Planning Commission
On September 14, 2016, and August 9, 2017, the Planning Commission considered the
subject application and received public comment (Attachments 2 and 4 include the
verbatim minutes). Staff recommended denial of the project to the Planning Commission
because it did not meet the maximum floor area requirement of the underlying zoning, nor
applicable sections of the HDS&G, as discussed in Attachments 1 and 3. On August 9, 2017,
the Commission voted 4-2 (Commissioners Kane and Badame opposed, Commissioner
Hudes absent) to recommend approval of the PD with the following comments and
modifications:
Reduce the size of the houses on Lots 1 and 4 to below the Town Code’s maximum floor
area requirement;
Limit the house proposed on Lot 4 to one story;
Allow the long continuous retaining wall design, shown in the plans in the August 9,
2017, Staff Report (Attachment 3, Exhibit 17);
Limit all the house sizes to no larger than currently proposed; and
Reduce all of the house sizes to be more in line with the neighborhood as described in
the September 14, 2016, Staff Report.
In addition, the Commissioners expressed concerns regarding:
Conformance with the Housing Element;
Appearance of how the houses will look after their redesign; and
Conformance with the objectives of the PD Overlay.
Staff has prepared a revised Draft Planned Development Ordinance (Attachment 8) which
incorporates the Commission’s recommendations with four new performance measures:
5. RETAINING WALL DESIGN: Retaining wall height and placement shall be in substantial
conformance with the Development Plans in Exhibit B.
6. MAXIMUM HEIGHT: The house on Lot 4, on the corner of Newell Avenue and
Winchester Boulevard, shall be no more than one story above grade.
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DISCUSSION (Continued):
7. MAXIMUM HOUSE FLOOR AREA:
Lot 1 (on Newell Avenue): House Floor Area shall not exceed 2,914 square feet.
Lot 2 (interior lot): House Floor Area shall not exceed 2,932 square feet.
Lot 3 (on Winchester Boulevard): House Floor Area shall not exceed 2,605 square
feet.
Lot 4 (corner of Newell Avenue and Winchester Boulevard): House Floor Area shall
not exceed 2,361 square feet.
8. MAXIMUM GARAGE FLOOR AREA:
Lot 1 (on Newell Avenue): Garage Floor Area shall not exceed 648 square feet.
Lot 2 (interior lot): Garage Floor Area shall not exceed 651 square feet.
Lot 3 (on Winchester Boulevard): Garage Floor Area shall not exceed 5 79 square
feet.
Lot 4 (corner of Newell Avenue and Winchester Boulevard): Garage Floor Area shall
not exceed 525 square feet.
Performance measures 6, 7 and 8 were developed based on the Planning Commission’s
direction to limit the houses on Lots 1 and 4 to below the Town Code’s maximum floor area
requirement, and to limit all of the house sizes to a floor area more in line with the
neighborhood as described in the September 14, 2016, Staff Report (Attachment 1). That
report included the following table:
Neighborhood Analysis
Address House SF Garage SF Lot Size SF House FAR
108 Newell 1,973 399 12,880 0.15
112 Newell 1,809 420 12,317 0.15
116 Newell 1,885 420 12,075 0.16
135 Newell 2,467 528 12,019 0.21
119 Newell 2,128 468 11,445 0.19
115 Newell 2,153 576 11,615 0.19
183 Newell 1,890 563 12,600 0.15
100 Brocastle 2,523 525 11,300 0.22
The average house FAR in the immediate neighborhood is 0.18 and the average garage FAR
is 0.04. Applying these FARs as maximums on the proposed lots would reduce the houses
on Lots 1 and 4 to below the Town Code’s maximum floor area requirement, and would
result in the following maximum house sizes and house size reductions:
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DISCUSSION (Continued):
Reduction in Maximum House Sizes
Lot 1 Lot 2 Lot 3 Lot 4 Total
Gross Lot Area 16,189 16,287 14,472 13,115 60,063
Maximum Allowed Floor Area:
House Floor Area 3,336 4,230 3,695 2,861 14,122
Garage Floor Area 919 1,114 1,004 799 3,835
Total Floor Area 4,255 5,344 5,699 3,660 17,957
Applicant Proposed Floor Area:
House Floor Area 3,592 3,758 3,478 3,218 14,046
Garage Floor Area 751 687 753 710 2,901
Total Floor Area 4,343 4,445 4,231 3,928 16,947
Reduced FAR:
House Floor Area (0.18 FAR) 2,914 2,932 2,605 2,361 10,812
Garage Floor Area (0.04 FAR) 648 651 579 525 2,403
Total Floor Area 3,578 3,600 3,198 2,899 13,275
Reduction (From Proposed):
House Floor Area 678 826 873 857 3,234
Garage Floor Area 103 36 174 185 498
Total Floor Area 781 862 1,047 1,042 3,732
To provide clarity in future implementation of the PD regulations, staff is recommending
that the performance standards include a specific maximum floor area for each lot as
described above and shown in the reduced FAR contained in this table.
C. Applicant’s Response
Based on the public testimony and comments from the Planning Commissioners received at
the Planning Commission hearing, the applicant has provided additional information for
Town Council consideration (Attachment 5). The applicant’s response includes a narrative
on the history of the project, a description of existing conditions, a response to the Planning
Commission’s proposed conditions, and justification of proposed house sizes and
neighborhood context.
CONCLUSION:
The Planning Commission recommended approval of the proposed rezoning with modifications,
expressing concerns particularly about the proposed house sizes as discussed above.
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Conclusion (Continued):
It is recommended that the Town Council accept the Planning Commission’s recommendation
and approve the application with modifications by taking the following actions:
1. Find that no significant impacts are associated with the application and adopt the Final
Mitigated Negative Declaration (Attachment 1, Exhibit 13) and the Mitigation Monitoring
and Reporting Program (Attachment 1, Exhibit 14);
2. Make the required finding that the zone change is internally consistent with the General
Plan and its elements (Attachment 7);
3. Make the required finding that the project, as conditioned, is in compliance with the
Residential Design Guidelines (Attachment 7);
4. Make the required finding that the project is in compliance with the applicable sections of
the Hillside Development Standards and Guidelines (Attachment 7);
5. Make the required finding that the project is consistent with the Town’s Housing Element
(Attachment 7);
6. Approve the application (PD-14-002) subject to the performance standards and
development plans included in the Ordinance (Attachment 8), or as otherwise modified by
the Town Council;
7. Waive the reading of the Ordinance and ask the Clerk Administrator to read the title of the
proposed Ordinance; and
8. Introduce the Ordinance effecting the zone change.
ALTERNATIVES:
Alternatively, the Council may:
1. Deny the application; or
2. Approve the proposed application with modifications and/or additiona l performance
standards; or
3. Continue the application to a date certain with specific direction; or
4. Remand the project to the Planning Commission with specific direction.
COORDINATION:
The Community Development Department coordinated with the Parks and Public Works
Department, and the Santa Clara County Fire Department in the review of the project.
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ENVIRONMENTAL ASSESSMENT:
An Initial Study and Mitigated Negative Declaration (IS/MND) have been prepared for the
project by the Town’s Environmental Consultant, Kimley-Horn and Associates (available online
at www.losgatosca.gov/105Newell). The 20-day public review period began on June 10, 2016
and ended on June 30, 2016. Mitigation measures are required for Air Quality, Cultural
Resources, Geology and Soils, Noise, and Traffic. The Mitigation Monitoring and Reporting
Program is provided along with the Final MND and response to comments within Attachment 1,
Exhibits 12, 13, and 14. The Final MND was prepared to show minor changes in response to
comments and does not require recirculation. Mitigation measures have been incorporated
into the performance standards within the proposed PD Ordinance (Attachment 8).
Attachments:
Previously received under separate cover:
Initial Study and Mitigated Negative Declaration, received June 10, 2016
Attachments received with this Staff Report:
1. September 14, 2016 Planning Commission Staff Report (with Exhibits 2-15, Exhibit 1 was
previously distributed under separate cover on June 10, 2016)
2. September 14, 2016 Planning Commission Verbatim Minutes (50 pages)
3. August 9, 2017 Planning Commission Staff Report (with Exhibit 16-17)
4. August 9, 2017 Planning Commission Verbatim Minutes (61 pages)
5. Letter from Applicant, received August 21, 2017 (4 pages)
6. Public Comments received by 11:00 a.m., Thursday, September 14, 2017
7. Required Findings (one page)
8. Draft Ordinance (27 pages) with Exhibit A Rezone Area (one page) and Exhibit B
Development Plans (24 pages)
Distribution:
Maurice Camargo, AIA, Architect, 3953 Yolo Dr, San Jose, CA 95136
Tango Papa Development Co., Attn: Michael Freisen, P.O. BOX 1701, Los Altos, CA 94023