320 Santa Rosa Dr - Staff Report and Exhibits 1 - 8
PREPARED BY: ERIN WALTERS
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: 04/25/2018 ITEM NO: 2
DATE: APRIL 19, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-001. PROJECT LOCATION:
320 SANTA ROSA DRIVE. PROPERTY OWNER/APPLICANT: HOWARD CLABO. REQUESTING APPROVAL FOR CONSTRUCTION OF A VINEYARD ON PROPERTY ZONED HR-2-1/2. APN 527-55-037.
DEEMED COMPLETE: APRIL 6, 2018 FINAL DATE TO TAKE ACTION: OCTOBER 6, 2018
RECOMMENDATION:
Approval, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Hillside Residential, 0-1 du/acre
Zoning Designation: HR-2 1/2
Applicable Plans & Standards: General Plan, Hillside Specific Plan, and Hillside Development
Standards and Guidelines
Parcel Size: 1.75 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-2 1/2
East Residential Hillside Residential HR-2 1/2
South Residential Hillside Residential HR-2 1/2
West Residential Hillside Residential HR-2 1/2
PAGE 2 OF 6 SUBJECT: 320 SANTA ROSA DRIVE/U-18-001 APRIL 19, 2018
N:\DEV\PC REPORTS\2018\SantaRosa320-CUP - Vineyard.docx 4/19/2018 11:18 AM
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15304: Minor Alterations to Land.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15304: Minor
Alterations to Land.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
The project is consistent with the Hillside Development Standards and Guidelines.
The project is consistent with the Hillside Specific Plan.
BACKGROUND:
A single-family residence, built in 1985, occupies the subject property. The two sloped areas
where the vineyard is proposed contain grasses and mature olive trees. The installation of the
vineyard will not require any grading or tree removal.
The applicant is requesting approval of a Conditional Use Permit (CUP) for a private vineyard
larger than 3,000 square feet.
DISCUSSION:
A. Location and Surrounding Neighborhood
The project is located at 320 Santa Rosa Drive, on the south side of Santa Rosa Drive, at the
corner of Santa Rosa Drive and Alta Tierra Court (Exhibit 1). Single-family homes surround
the subject property. The subject property has a flat pad along Santa Rosa Avenue and
slopes down towards Alta Tierra Court.
B. Conditional Use Permit
The applicant is requesting approval of a CUP for a private vineyard larger than 3,000
square feet. The two proposed vineyard areas will total approximately 11,000 square feet
on a 1.75-acre parcel. The applicant submitted a project description (Exhibit 4), letter of
justification (Exhibit 5), and site plan (Exhibit 7) describing the proposal.
PAGE 3 OF 6 SUBJECT: 320 SANTA ROSA DRIVE/U-18-001 APRIL 19, 2018
N:\DEV\PC REPORTS\2018\SantaRosa320-CUP - Vineyard.docx 4/19/2018 11:18 AM
C. Zoning Compliance
A vineyard larger than 3,000 square feet is allowed in the Hillside Residential (HR) zoning
district subject to the approval of a CUP. The CUP process was established due to concerns
about large hillside areas being cleared to create a vineyard or an orchard. The areas where
the vines will be planted contain grasses and do not require grading or removal of any trees
(Exhibit 7).
ANALYSIS:
A. Project Summary
The two vineyard areas would total approximately 11,000 square feet on a 1.75- acre
parcel. The average slope of the vineyard locations are between 11 and 40 percent and no
grading or building construction is proposed. The vineyard areas would be located the
southern slope of the property and installed in two different phases. Phase I would consist
of planting a 7,000-square foot area on the northeastern corner of the property. Phase II
would consist of planting a 4,000-square foot area on the southwestern portion of the
property. The vineyard areas will be maintained by the owner and a professional landscape
team. A drip system will provide water to the vineyard.
The proposed vineyard areas are near existing mature olive trees. No trees are proposed to
be removed. The applicant is proposing an eight-foot high deer fence to protect the
existing olive trees and proposed vineyard.
The applicant has submitted a project description (Exhibit 4), letter of justification (Exhibit
5), and site plan (Exhibit 7) describing the proposal.
B. Hillside Development Standards and Guidelines
The Hillside Development Standards and Guidelines (HDS&G) do not contain criteria specific
to the installation of vineyards or orchards; however, the proposed vineyard does not
require grading or the removal of any trees and maintains a wildlife corridor, which is
consistent with the goals and objectives of the HDS&G.
C. Hillside Specific Plan
The Hillside Specific Plan states that land use in the hillsides should be limited to agriculture
and single-family residential uses. The Hillside Specific Plan was adopted prior to the
inclusion of the CUP requirement for a vineyard larger than 3,000 square feet.
Development of vineyards is not specifically addressed in the Hillside Specific Plan.
PAGE 4 OF 6 SUBJECT: 320 SANTA ROSA DRIVE/U-18-001 APRIL 19, 2018
N:\DEV\PC REPORTS\2018\SantaRosa320-CUP - Vineyard.docx 4/19/2018 11:18 AM
D. Conditional Use Permit Findings
In order to grant approval of a Conditional Use Permit, the deciding body must make the
following findings:
1. The proposed use of the property is essential or desirable to the public convenience or
welfare; and
2. The proposed use would not impair the integrity and character of the zone; and
3. The proposed use would not be detrimental to public health, safety or general welfare;
and
4. The proposed use of the property is in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code.
In regards to the first finding, the proposed use would provide erosion control. In regards
to the second finding, the proposed use would not impair the integrity of the zone, in that
the proposed vineyard use would be compatible with the existing single-family residential
uses and would be consistent with the allowable uses in the zone. In regards to the third
finding, the proposed use would not be detrimental to public health, safety, or general
welfare, as the conditions placed on the permit would maintain the welfare of the
community. In regards to the final finding, the proposed use would be in harmony with the
various elements or objectives of the General Plan and the purposes of the Town Code
discussed in this report.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15304: Minor Alterations
of Land.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 500 feet of the subject hillside
property. The applicant has also provided a summary of their neighborhood outreach efforts
(Exhibit 6). All public comments received by 11:00 AM, Friday, April 20, 2018 are included as
Exhibit 8.
PAGE 5 OF 6 SUBJECT: 320 SANTA ROSA DRIVE/U-18-001 APRIL 19, 2018
N:\DEV\PC REPORTS\2018\SantaRosa320-CUP - Vineyard.docx 4/19/2018 11:18 AM
CONCLUSION:
A. Summary
Staff has recommended conditions of approval for the proposed vineyard (Exhibit 3). The
proposed vineyard is an appropriate use and is placed in a location that does not require
tree removal or require any grading. Additionally, the use is compatible with the existing
single-family use on the site, and will provide erosion control. The proposal will not impact
any surrounding properties and is consistent with the allowance of agricultural uses in the
HR zone.
The proposed use is in conformance with the Town Code, is consistent with the General
Plan, and is in conformance with the HDS&G, and is consistent with the Hillside Specific
Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of the CUP application subject to
the recommended conditions of approval (Exhibit 3). If the Planning Commission finds
merit with the proposed project, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15304 of the
California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a Conditional Use Permit (Exhibit 2);
3. Make the required finding that the proposed vineyard is consistent with the HDS&G and
Hillside Specific Plan (Exhibit 2); and
4. Approve Conditional Use Permit Application U-18-001 with the conditions contained in
Exhibit 3.
C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Approve the application with additional and/or modified conditions of approval; or
2. Continue the application with direction to a specific hearing date; or
3. Deny the application.
PAGE 6 OF 6 SUBJECT: 320 SANTA ROSA DRIVE/U-18-001 APRIL 19, 2018
N:\DEV\PC REPORTS\2018\SantaRosa320-CUP - Vineyard.docx 4/19/2018 11:18 AM
EXHIBITS:
1. Location Map
2. Required Findings (one page)
3. Recommended Conditions of Approval (three pages)
4. Scope of Work and Photos, received February 28, 2018 (four pages)
5. Letter of Justification, received February 28, 2018 (one page)
6. Applicant’s neighborhood outreach summary (one page), received April 9, 2018
7. Development Plans, received April 9, 2018 (one page)
8. Public comments received by 11:00 a.m., Friday, April 20, 2018
Distribution:
Howard Clabo, 320 Santa Rosa Drive, Los Gatos, CA 95032
Cody Muhly, Coast Range Vineyards, P.O. Box 67307, Scotts Valley, CA 95067
SANTA
R
O
SADR
MADERA CT
S
I
E
R
R
A
AZULE
ALTATIE R R A C T
AR R O Y O DEL RANCHO AUZERAIS CT320 Santa Rosa Drive
0 0.250.125 Miles
°
EXHIBIT 1
This Page
Intentionally
Left Blank
N:\DEV\FINDINGS\2018\SANTAROSA320-VINEYARD.DOCX
PLANNING COMMISSION – April 25, 2018
REQUIRED FINDINGS:
320 Santa Rosa Drive
Conditional Use Permit Application U-18-001
Requesting approval for construction of a vineyard on property zoned HR-2-1/2. APN 527-55-037.
PROPERTY OWNER/APPLICANT: Howard Clabo
FINDINGS:
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of
the California Environmental Quality Act, Section 15304: Minor Alterations of Land.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional
use permit when specifically authorized by the provisions of the Town Code if it finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or welfare
in that the use will provide erosion control; and
(2) The proposed use will not impair the integrity and character of the zone in that the vineyard is
compatible with the existing single-family residential use and is consistent with allowable uses
in the zone; and
(3) The proposed use would not be detrimental to public health, safety or general welfare in that
the conditions placed on the permit would mitigate potential impacts; and
(4) The proposed use is in harmony with the General Plan and purposes of the Town Code as
discussed within the staff report.
Required compliance with the Hillside Development Standards & Guidelines:
■ The project complies with the Hillside Development Standards & Guidelines (HDS&G) in that the
vineyard will not require any grading or the removal of any trees, which is consistent with the goals
and objectives of the HDS&G.
Required compliance with the Hillside Specific Plan:
■ The project complies with the Hillside Specific Plan in that a vineyard is compatible with the existing
single-family use on the property and is consistent with the development criteria and the purposes
and intent of the Plan.
EXHIBIT 2
This Page
Intentionally
Left Blank
EXHIBIT 3
CONDITIONS OF APPROVAL– April 25, 2018
320 Santa Rosa Drive
Conditional Use Permit Application U-18-001
Requesting approval for construction of a vineyard on property zoned HR-2-1/2. APN 527-55-
037.
PROPERTY OWNER/APPLICANT: Howard Clabo
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
6. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
7. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
8. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public
right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other
construction debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the street will not be allowed
unless an encroachment permit is issued by the Engineering Division of the Parks and
Public Works Department. The Owner/Applicant's representative in charge shall be at the
job site during all working hours. Failure to maintain the public right-of-way according to
this condition may result in the issuance of correction notices, citations, or stop work
orders and the Town performing the required maintenance at the Owner/Applicant's
expense.
9. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
10. CURB AND GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing
Town standards any curb and gutter damaged now or during construction of this project.
All new and existing adjacent infrastructure must meet Town standards. New curb and
gutter shall be constructed per Town Standard Details. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of
the project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
11. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
12. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
13. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-
of-way will only be allowed if it does not cause access or safety problems as determined
by the Town.
14. CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00
a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town
may authorize, on a case-by-case basis, alternate construction hours. The
Owner/Applicant shall provide written notice twenty-four (24) hours in advance of
modified construction hours. Approval of this request is at discretion of the Town.
15. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA.
16. BEST MANAGEMENT PRACTICES (BMPs): The Owner/Applicant is responsible for ensuring
that all contractors are aware of all storm water quality measures and that such measures
are implemented. Best Management Practices (BMPs) shall be maintained and be placed
for all areas that have been graded or disturbed and for all material, equipment and/or
operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
17. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a) Protect sensitive areas and minimize changes to the natural topography.
b) Minimize impervious surface areas.
c) Use landscaping to treat stormwater.
18. DUST CONTROL: All portions of the site subject to blowing dust shall be watered as often
as deemed necessary by the Town, or a minimum of three (3) times daily, or apply (non-
toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the duration of the
project. Watering on public streets shall not occur. Streets shall be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer. Watering
associated with on-site construction activity shall take place between the hours of 8 a.m.
and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the
effects of blowing dust. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the
Town. All trucks hauling soil, sand, or other loose debris shall be covered.
19. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
20. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
21. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
N:\DEV\CONDITIONS\2018\SantaRosa320-vineyard-COA.docx
This Page
Intentionally
Left Blank
EXHIBIT 4
EXHIBIT 5
This Page
Intentionally
Left Blank
EXHIBIT 6
This Page
Intentionally
Left Blank
EXHIBIT 7
PUBLIC COMMENT
Public comments received by 11:00 a.m.,
Friday, April 20, 2018
NONE
EXHIBIT 8