Item 3 - Staff Report.17020 Los Cerritos Dr
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
REPORT
MEETING DATE: 02/13/2019 ITEM NO: 3
DATE: FEBRUARY 8, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-16-065. PROJECT LOCATION:
17020 LOS CERRITOS DRIVE. PROPERTY OWNER: SANDY CAMPBELL. APPLICANT: GLENN KATZ. REQUESTING APPROVAL FOR SITE IMPROVEMENTS REQUIRING A GRADING PERMIT ON PROPERTY ZONED HR-1. APN 532-21-012 and -013. DEEMED COMPLETE: JANUARY 18, 2019 FINAL DATE TO TAKE ACTION: JULY 18, 2019
RECOMMENDATION:
Denial.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: HR-1, Hillside Residential, minimum lot size 40,000 square
feet; 1 to 5 acres for each dwelling unit
Applicable Plans & Standards: Hillside Development Standards; Hillside Specific Plan and
Guidelines
Parcel Size: 2.56 acres (111,513 square feet)
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PROJECT DATA (continued):
Surrounding Area:
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
FINDINGS:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
As required by the Hillside Development Standards and Guidelines (HDS&G), the project
is in compliance with the applicable sections of the HDS&G other than the requested
exceptions for: grading outside of the Least Restrictive Development Area (LRDA);
exceeding the maximum allowable cut depths (four feet) for yards; exceeding the
maximum allowable retaining wall height (five feet); and exceeding retaining wall lengths
that run in a continuous direction for more than 50 feet without a break, offset, or
planting to break up the long flat horizontal surface.
As required by the Hillside Specific Plan.
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.
Existing Land Use General Plan Land Use
Designation
Zoning
North Single-family Residential Hillside Residential HR-1
South Single-family Residential Hillside Residential HR-1
East Single-family Residential Hillside Residential HR-1
West Single-family Residential Low Density Residential R-1:8
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BACKGROUND:
The subject property is 2.56 acres and contains an existing 4,692-square foot residence with
a 525-square foot attached garage and associated site improvements.
On May 22, 2012, the Development Review Committee (DRC) approved an Architecture and
Site application (S-11-090) to remodel and construct an addition to the home.
In September of 2012 building permits were issued and construction began on the house. In
2013, a building permit application was submitted for a new pool and site retaining walls but
was not issued as the proposed retaining walls did not meet the HDS&G.
In February of 2016, the Building Department issued a stop work order for work that was
done without permits on the subject property. The stop work order was issued because the
work included site improvements requiring a grading permit, grading of 50 cubic yards or
more, without receiving approval of an Architecture and Site application. In addition,
retaining walls were built without approval of a building permit.
In October of 2016, the applicant submitted an Architecture and Site application for the site
improvements requiring a grading permit. The Architecture and Site application is being
considered by the Planning Commission because the proposal is requesting four exceptions
to the HDS&G:
1. Grading outside of the LRDA;
2. Exceeding the maximum allowable cut depths (four feet) for yards;
3. Exceeding the maximum allowable retaining wall height (five feet); and
4. Exceeding retaining wall lengths that run in a continuous direction for more than 50
feet without a break, offset, or planting to break up the long flat horizontal surface.
Pursuant to the Town’s adopted Comprehensive Fee Schedule the applicant paid double fees
for the Architecture and Site application because the work was done without permits. The
applicant will also be charged double fees for any future grading and building permits
associated with this application.
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PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The property is located at 17020 Los Cerritos Drive, located on the west side of Los
Cerritos Drive, approximately 180 feet east of Crescent Drive (Exhibit 1). Surrounding
properties contain single-family hillside residential development to the north, east and
south; and low-density single-family residential development to the west.
B. Project Summary
The applicant is requesting approval of an Architecture and Site application for site
improvements requiring a grading permit.
The following project summary includes work that has been completed in the field
without permits:
• Grading outside of the LRDA (on slopes over 30 percent) within the rear yard and
driveway area;
• Construction of a seven-foot tall retaining wall in the rear yard;
• Cutting a maximum depth of nine feet, one-inch in the rear yard;
• Construction of 100 continuous linear feet of retaining wall in the rear yard;
• Construction of a 12-foot, four-inch retaining wall in the driveway area;
• Cutting a maximum depth of 12 feet, one-inch in the driveway area; and
• Construction of 122 continuous linear feet of retaining wall in the driveway area.
The applicants proposed remedy is to retain the unpermitted retaining walls and construct
additional shorter walls in front of the walls to create terraced walls. This would reduce the
exposed retaining wall heights and break up portions of the continuous retaining wall
lengths. The remedy also includes the addition of buttresses to the existing retaining walls in
order to meet structural requirements.
The applicant has provided a scope of work and a letter of justification (Exhibit 4) describing
the completed work and proposed remedy. The applicant has provided development plans
showing:
• The original conditions prior to the unpermitted construction of the walls (Exhibit 8,
Sheet C-2);
• Existing conditions with the construction of the unpermitted walls (Exhibit 8, Sheet
C3); and
• The proposed wall remediation alternatives (Exhibit 8, Sheet C8).
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PROJECT DESCRIPTION (continued):
C. Zoning Compliance
A single-family residence is permitted use in the HR zone.
DISCUSSION:
A. Architecture and Site Analysis
The subject hillside property has a large flat portion of the site containing the existing
residence, driveway, and yards. Prior to the unpermitted work the site improvements
included existing permitted retaining walls within the rear yard and driveway area
(Exhibit 8, Sheet C2).
The applicant is requesting approval for site improvements to the site that include
grading and construction of retaining walls within two areas of the subject property
(Exhibit 8, Sheet C6): a portion of the rear yard (southwestern section); and a portion of
the driveway area (northeastern section).
The site was graded and retaining walls were constructed without permits. The applicant
has proposed to create terraced walls in front of the unpermitted walls to reduce the
exposed retaining wall heights (Exhibit 8, Sheet C8).
The applicant has included a scope of work and letter of justification describing the
completed work, and proposed remedy (Exhibit 4). Due to the existing conditions of the
site, including the unpermitted retaining walls and grading, the applicant is requesting
several exceptions to the HDS&G for the approval of the proposed application.
The following is an analysis of the requested exceptions:
• HSD&G Section II.C. Standard 1-
Grading outside of the LRDA
The HDS&G requires that each development application identify and map the
LRDA. This is to identify the most appropriate area or areas on the lot for locating
buildings in the least constrained areas. One of the elements in determining the
LRDA is topography with slope less than 30 percent.
Grading and the construction of retaining walls occurred outside of the site’s
LRDA in areas where slopes exceeded 30 percent in the rear yard area and
driveway area (See Exhibit 8, Sheet C3). The proposed remediation plan of
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DISCUSSION (continued):
introducing a series of additional lower walls in front of the existing unpermitted
walls does not address work that was done outside of the LRDA.
• HDS&G Section III.A. Standard 1-
Exceeding the maximum allowable cut depths (four feet) for yards
The HDS&G requires that the development of yards meet the required maximum
cut depth of four feet which is located in Table 1 of the HDS&G (page 17). Absent
adequate justification, cut in excess of maximum levels are considered excessive
and contrary to the objectives of the HDS&G. Project should only grade the
minimum amount necessary to accommodate building and site structures
consistent with slope contours.
In the rear yard the retaining walls included a maximum cut depth of nine feet,
one-inch and in the driveway area the retaining walls included a maximum cut
depth of 12 feet, one-inch where the maximum cut depth of four feet is allowed
per the HDS&G.
The proposed remediation introduces shorter walls to be built in front of the
existing walls. The shorter walls would meet the HDS&G maximum cut depths,
however, the original walls with the nine-foot, one-inch cut depth and 12-foot,
one-inch cut depth that are not in compliance with the HDS&G would remain.
Maximum Graded Cut and Fills- HDS&G
Maximum Cut Depths (feet) Maximum Fill Depths (feet)
Allowed Proposed Allowed Proposed
Site Work 4 ft. Driveway
12 ft.-1 in.
Rear Yard
9 ft.- 1 in.
Pool Area
3 ft -7 in.
3 ft. Driveway
3 ft.
Rear Yard
3 ft.
Bold- requires exception to the HDS&G
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DISCUSSION (continued):
• HDS&G Section VI.C. Guideline 1-
Exceeding the maximum allowable retaining wall height (five-feet)
The HDS&G state that retaining walls should not be taller than five feet. Where
additional retained portions are necessary due to unusual or extreme conditions
(e.g., lot configuration, steep slope, or road design), the use of multiple-terraced,
lower retaining structures is preferred.
The maximum height of the unpermitted rear yard retaining wall is seven feet
and the maximum height of the unpermitted driveway wall is 12 feet, four inches.
The proposed remediation introduces shorter terraced walls to be built in front of
the existing walls. The remediation would result in a maximum exposed retaining
wall height of four feet in the rear yard, which meets the HDS&G wall height
requirement.
The remediation at the driveway wall would introduce a terraced planter wall
with the maximum height of seven-foot, four-inches in front of the unpermitted
12-foot, four-inch wall. A portion of the 12-foot, four-inch wall would remain
exposed at the driveway. The proposed remediation for the driveway wall would
exceed the HDS&G five-foot wall height requirements.
The proposed nine-foot retaining walls located at the pool area have been built
without permits. The nine-foot retaining walls are built to match the previous
retaining wall height and do not require an exception.
The retaining walls cannot be seen from the public right-of-way or by adjacent
neighbors.
Retaining Wall Height
Maximum Height
Allowed Proposed Mitigated
Rear Yard 5 ft. 7 ft. Addition of a 4 ft. wall
in front of 7 ft. wall
Driveway 5 ft. 12 ft- 4in. Addition of a 7 ft.-4in. wall
in front of a section of
12 ft.-4 in. wall
Pool 5 ft. 9 ft.
(replace to match
existing wall)
-
Bold- requires exception to the HDS&G
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DISCUSSION (continued):
• HDS&G Section VI.C. Guideline 4-
Exceeding retaining wall lengths that run in a continuous direction for more
than 50 feet without a break, offset, or planting to break up the long flat
horizontal surface
The applicant has proposed terraced planter walls to break up the continuous
retaining walls at both the rear yard and driveway area, however, the proposed
retaining walls would still have continuous lengths exceeding 50 feet in a
continuous direction. The walls have a natural textured surface to help blend
with the natural hillside. The applicant has included a conceptual landscape plan
that will help screen the walls to mitigate their visual impact (Exhibit 8, Sheets L-1
& L-2). A condition of approval has been included that the final landscape plan
shall be in compliance with the HDS&G (Exhibit 3, Condition of Approval 9).
B. Grading/Geotechnical Review
The property, in its current condition, features unpermitted retaining walls and grading
activities, which includes an estimated 1,360 cubic yards of cut. The proposed
remediation terraced retaining walls will require additional fill, (an estimated 65 cubic
yards) but do not exceed the maximum allowable fill depth for yards.
Site grading performed without permits, includes maximum cut depths of 12 feet, one-
inch, requiring approval of an exception to the HDS&G, as discussed above.
The applicant’s structural engineering firm evaluated the unpermitted retaining walls
and determined that the walls are inadequate and require a buttress system to be
installed. The applicant’s proposed remediation design includes the buttress system.
The applicant submitted geologic investigations for review by the Town’s Geotechnical
Consultant. The consultant concluded that the investigation and associated documents
were satisfactory and complete.
C. Trees
The development plans were reviewed by the Town’s Consulting Arborist and a report
was prepared (Exhibit 6). The proposal includes no proposed tree removal. If the project
is approved, tree protection measures for existing protected trees would be
implemented prior to and during construction. Arborist recommendations for tree
protection have been included in the Conditions of Approval to mitigate potential
impacts to protected trees (Exhibit 6).
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DISCUSSION (continued):
D. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing
Facilities.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 500 feet of the subject
property. The applicant has provided a letter summarizing neighborhood outreach (Exhibit
7). No public comments have been received at the time of writing this report.
CONCLUSION:
A. Summary
The project complies with the HDS&G except for the following requested exemptions:
grading outside of the Least Restrictive Development Area (LRDA); exceeding the
maximum allowable cut depths (four feet) for yards; exceeding the maximum allowable
retaining wall height (five feet); and exceeding retaining wall lengths that run in a
continuous direction for more than 50 feet without a break, offset, or planting to break
up the long flat horizontal surface.
The applicant has proposed remediation that would retain the unpermitted retaining
walls and build additional shorter walls in front of the tall walls to create terraced walls.
This will reduce the visible retaining wall heights and break up portions of the continuous
retaining wall lengths.
Staff is recommending denial of the application because the remediation of the work
without permits does not meet the HDS&G. The proposed remediation minimizes the
wall heights visually by installing shorter walls in front of the taller walls, but the
proposal does not reduce the initial height or depth of cut of the retaining walls that
were constructed without permits. Additionally, the remediation does not reduce
grading outside of the LRDA.
However, should the Planning Commission find merit with the proposed remediation the
Commission may grant the exceptions to the HDS&G.
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CONCLUSION (continued):
B. Recommendation
Based on the analysis above, staff recommends denial of the Architecture and Site
application.
C. Alternatives
Alternatively, the Commission can:
1. Approve the application by taking the following actions:
a. Find that the proposed project is Categorically Exempt, pursuant to the
adopted Guidelines for the implementation of the California Environmental
Quality Act, Section 15301: Existing Facilities (Exhibit 2);
b. Make the finding that as required by the Hillside Development Standards and
Guidelines (HDS&G), the project is in compliance with the applicable sections
of the HDS&G other than the requested exceptions for: grading outside of the
Least Restrictive Development Area (LRDA); exceeding the maximum
allowable cut depths (four feet) for yards; exceeding the maximum allowable
retaining wall height (five-feet); and exceeding retaining wall lengths that run
in a continuous direction for more than 50 feet without a break, offset, or
planting to break up the long flat horizontal surface (Exhibit 2);
c. Make the finding that the project complies with the Hillside Specific Plan
(Exhibit 2);
d. 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
e. Approve Architecture and Site application S-16-065 with the conditions
contained in Exhibit 3 and the development plans in Exhibit 8: or
2. Approve the applications with additional and/or modified conditions; or
3. Continue the matter to a date certain with specific direction.
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CONCLUSION (continued):
EXHIBITS:
1. Location Map
2. Required Findings and Considerations (one page)
3. Recommended Conditions of Approval (nine pages)
4. Applicant’s Scope of Work/Letter of Justification, received October 19, 2018 (five pages)
5. Site Photographs, received December 21, 2018 (one page)
6. Consulting Arborist Report, received November 28, 2016 (25 pages)
7. Applicant’s Neighborhood Outreach Letter, received June 11, 2018 (one page)
8. Development Plans, received December 21, 2018 (15 sheets)
Distribution:
Sandra Campbell, 17020 Los Cerritos Drive, Los Gatos, CA 95030
Glenn Katz, Bearington Studios, 4340 Almaden Expressway, #220, San Jose, CA 95118
Michael F. Goodhue, MFG Engineers, Inc., P.O. Box 1914, Aptos, CA 95001
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