Item 4 - Staff Report.400-420 Blossom Hill Rd
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: 03/27/2019 ITEM NO: 4
DATE: MARCH 22, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-17-042, VARIENCE APPLICATION V-18-002, AND CONDITIONAL USE PERMIT U-17-007. PROJECT LOCATION: 400-420 BLOSSOM HILL ROAD. APPLICANT: JASON REYES, CP SWENSON, LLC/C/O. PROPERTY OWNER: GREEN VALLEY CORPORATION C/O CASE SWENSON. REQUESTING APPROVAL FOR DEMOLITION OF EXISTING OFFICE BUILDINGS, CONSTRUCTION OF AN ASSISTED LIVING AND MEMORY CARE FACILITY, VARIANCE FROM THE REQUIREMENT FOR A MASONRY WALL ABUTTING A RESIDENTIALLY ZONED LOT, AND REMOVAL OF LARGE PROTECTED TREES ON PROPERTY ZONED O. APN 529-16-017. DEEMED COMPLETE: MARCH 8, 2019 FINAL DATE TO TAKE ACTION: SEPTEMBER 8, 2019
RECOMMENDATION:
Approval, subject to recommended conditions.
PROJECT DATA:
General Plan Designation: Office Professional
Zoning Designation: Office (O)
Applicable Plans & Standards: General Plan and Commercial Design Guidelines
Parcel Size: 2.89 acres
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Surrounding Area:
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15332, Class 32: In-Fill Development
Projects.
FINDINGS:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15332, Class 32: In-Fill
Development Projects.
As required by Section 29.10.09030(e) of the Town Code for 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.
That the proposed project is consistent with the Commercial Design Guidelines.
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 property is located on the north side of Blossom Hill Road, south of Los Gatos
Boulevard (Exhibit 1). The project site is an approximately 2.89-acre parcel and is developed
with two, two-story office buildings.
Existing Land Use General Plan Land Use Designation Zoning
North Residential Medium Density Residential R-M:5-12:PD
South Los Gatos Union
School District
Public R-1:8:PS
East San Jose
Water/Residential
Office Professional/Medium
Density Residential
O and
R-M:5-12
West Highway 17 Highway 17 Highway 17
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PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the north side of Blossom Hill Road, south of Los Gatos
Boulevard (Exhibit 1). The surrounding area contains a mix of uses with multi-family
residential located to the north and east. Raymond J. Fisher Middle School is located to the
south across Blossom Hill Road with Highway 17 located to the east.
B. Project Summary
The applicant is proposing to demolish two existing office buildings and remove large
protected trees to construct a new three-story assisted living and memory care facility. A
Variance from the requirement for a masonry wall abutting a residentially zoned property is
also requested.
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).
DISCUSSION:
A. Project Summary
The proposed project would create a new three-story assisted living and memory care
facility totaling 90,303 square feet and consisting of 78 assisted living units and 36 memory
care units, with 52 parking spaces.
The proposed building has a front setback of between 25 feet and 30 feet along Blossom Hill
Road to the south; a side setback of between 20 feet and 60 feet bordering a San Jose
Water easement and a multi-family residential development to the east; a side setback of
between 83 feet and 165 feet bordering Highway 17 to the west; and a rear setback of
between 22 feet and 100 feet bordering multi-family residential to the north.
The proposed 90,303-square foot assisted living and memory care building would be up to
35 feet in height. Materials would consist of wood siding, smooth stucco, veneer stacked
stone, and an asphalt shingle roof. The proposed building materials are provided on Sheet
A14 of Exhibit 16 and a color and materials board will be available at the public hearing.
The proposed three-story assisted living and memory care building would include a porte-
cochere feature at the entrance of the building. The ground floor would include a
foyer/greeting area, reception desk area, wellness room, laundry room, market room,
kitchen, dining rooms, living room, family room, library room, activity room, and movie
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theater for shared use by the residents and their guests. The ground floor would also
include a staff lounge, staff offices, a nurse’s office and 25 assisted living units. The second
floor proposes 40 assisted living units, a library room, and an office. The third floor
proposes 13 assisted living units, 36 memory care units, an activity room, a dining room, a
library area, a salon for the residents as well as offices and nurse stations. The proposal
would include an interior landscaped courtyard area on the ground floor and a rear
landscaped patio area for outdoor use by the residents and their guests.
B. Conceptual Development Advisory Committee
The proposed development of the site was presented to the Conceptual Development
Advisory Committee (CDAC) on August 10, 2011, September 9, 2015, and February 10,
2016. The proposal considered by the CDAC on August 10, 2011 was for a multi-family
residential project of 37 apartments. The proposal considered by the CDAC on September
9, 2015 was for a new three-story assisted living facility. The proposal considered by the
CDAC on February 10, 2016 was for a new two-story fitness center with underground
parking.
The CDAC provided comments on each of the proposals (Appendix A, B and C of Exhibit 5).
The applicant states in their project description and letter of justification (Exhibit 5) that the
comments from the September 9, 2015 CDAC meeting have been incorporated into the
proposed project.
C. Zoning
Permitted uses in the O zone include offices, professional, medical, dental, and optical
laboratories associated with a professional use, real estate, insurance, stocks and bonds;
and other similar offices characterized by absence of retail sales. The applicant is proposing
a new three-story assisted living and memory care facility which requires approval of a CUP
in the O zone (Exhibit 5).
The proposed project meets the required setbacks, lot coverage, and height requirements
for the O zone.
The proposed land coverage would be 28 percent of the site and the maximum height
would be 35 feet, both of which are consistent with the zoning designation for the site, that
allows up to 40 percent land coverage and a 35-foot height.
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The required and proposed setbacks in the O zone are described in the following table:
Setback Required Proposed
Front 25 feet 25 feet to 30 feet
Right Side 10 feet 20 feet to 60 feet
Left Side 10 feet 83 feet to 165 feet
Rear 20 feet 22 feet to 100 feet
D. Conditional Use Permit
The proposed project includes a CUP application for a residential care facility use (assisted
living and memory care). In order to grant approval of a CUP for the proposed use, 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;
2. The proposed use will not impair the integrity and character of the zone;
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 regard to the first finding, the proposed use would be considered desirable in that the
residential care facility would provide necessary services and activities for seniors in the
community. As required by finding two, the proposed application would not impair the
integrity and character of the zone as the proposed residential care facility use would
generate less traffic than an office use and meet the development standards of the zone
including setbacks, building height, and setbacks. In regard to the third finding, the
proposed use would not be detrimental to public health, safety or general welfare. In
regard to the final finding, the proposed use would be in harmony with the General Plan
and Town Code as addressed in Sections C and F of this report.
E. Design and Compatibility
The Town’s Architectural Consultant reviewed the project to provide recommendations
regarding the architecture and neighborhood compatibility. The initial review (Exhibit 10),
dated November 14, 2017, included the following seven recommendations and the
applicant provided a response dated March 2, 2018 (Exhibit 11):
1. Explore if remaining trees on the eastern property line will adequately screen views
to the new three-story building from the multi-family homes above.
Response: The design provides 10-15-foot native trees and shrubs at the property
line as screening planting, while allowing natural light.
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2. Increase roof overhangs.
Response: The roof overhangs were increased to two feet at the perimeter of the
building.
3. Substantially increase the depth of the bay pop-outs.
Response: The stone bay wall projections where increased from 10-inches to one
foot, six inches.
4. Explore alternatives to mitigate privacy and head light intrusions between the
parking lot and the first-floor residential units.
Response: The landscape areas will provide a buffer between the parking, sidewalk,
and first floor units.
5. Revise the floor plans to keep the corridor within the overall building and roof forms
or explore design alternatives to better integrate the corridor pop out into the
character and design of the building.
Response: The courtyard elevation was modified, providing more depth and
articulation, integrating the elevator corridor into the building.
6. Revise the design of the trellis elements.
Response: The plans were revised to include larger scale trellis elements.
7. Add additional trees at the north property line to provide privacy.
Response: Additional redwood trees were added to the landscape plan.
The Town’s Architectural Consultant reviewed the revised plans and applicant’s responses
and provided a second report dated March 29, 2018 with five additional recommendations
(Exhibit 12). The applicant provided a second response letter dated April 9, 2018 (Exhibit
13):
1. Condition the project to have all roof equipment match the building color to lessen
the building impact from above.
Response: Condition of Approval 15 in Exhibit 3 requires roof equipment to be fully
screened and painted to match the building material.
2. Continue to explore alternatives to mitigate privacy and head light intrusions
between the parking lot and the first-floor residential units.
Response: The parking lot layout was modified at the entrance drive and the number
of parking spaces was reduced at the front elevation. The residents can utilize
window shades as needed and planting will provide privacy in planter areas.
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3. Add sloped roof at elevator.
Response: A sloped roof was added at the elevator element.
4. Use stucco on the elevator element to blend with the remainder of the building.
Response: The revised plans eliminate the siding and added stone veneer to the
base and stucco to blend with the building.
5. Continue the sloped roof around on the south wall of the courtyard.
Response: This portion of the building is very narrow and a sloped roof cannot be
accommodated due to lack of space.
The Town’s Architectural Consultant reviewed the revised plans and applicant’s responses
and provided a third report dated February 6, 2019 stating that the recommendations have
been adequately addressed (Exhibit 14).
The proposed building is consistent with the applicable provisions of the Commercial Design
Guidelines to provide a unified design around all sides of the building, to utilize high quality
building materials, to screen all roof equipment, to subordinate the parking to the building,
and to provide well designed landscaping.
F. General Plan
The 2020 General Plan Land Use designation for the site is Office Professional. The
proposed project meets the Office Professional requirements for land coverage and height.
This designation provides for professional and general business offices. This designation
applies to various locations concentrated along the Town’s commercial corridors, often in
close proximity to neighborhood- or community-oriented commercial facilities, or as a
buffer between commercial and residential uses. The intent of this designation is to satisfy
the community’s need for general business and professional services and local employment.
In addition to maintaining neighborhood quality, the 2020 General Plan Land Use Element
focuses on maintaining a “full-service” town that provides a range of goods and services
that support economic vitality, while limiting adverse impacts on the quality of life of all the
residents.
Applicable goals and policies of the 2020 General Plan include, but are not limited to the
following:
• Goal LU-4: To provide for well-planned, careful growth that reflects the Town’s existing
character and infrastructure.
• Policy LU-6.5: The type, density, and intensity of new land use shall be consistent with
that of the immediate neighborhood.
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• Goal CD-1: Preserve and enhance Los Gatos’s character through exceptional community
design.
• Policy CD-1.4: Development on all elevations shall be of high quality design and
construction, a positive addition to and compatible with the Town’s ambiance.
Development shall enhance the character and unique identity of existing commercial
and/or residential neighborhoods.
• CD-2: To limit the intensity of new development to a level that is consistent with
surrounding development and with the Town at large.
• Goal HS-8 To ensure programs and facilities for social interaction for senior citizens.
• Policy HS-8.5 Encourage new development to include intergenerational spaces, such as
cafés or family-oriented outdoor spaces.
• Policy HS-8.6 Encourage the establishment and operation of a dedicated space for
seniors.
• Policy HS-9.2 Encourage all new senior housing developments to provide transportation
services.
• Goal HS-10 To encourage a wide variety of types of senior housing, including
independent living, residential care facilities, and affordable housing within the Town.
• Policy HS-10.1 Encourage new development or substantial remodels to incorporate
barrier-free design principles to ensure access for people of all ages and abilities.
G. Parking
With 52 parking spaces provided on the site, the proposed project would be in excess of the
Town Code parking regulations, which requires one and one-half parking spaces for each
bed for a total of 48 parking spaces required.
H. Traffic and Public Improvements
Pursuant to the Town’s Traffic Impact Policy, a comprehensive traffic impact analysis was
not required because the net increase of AM and PM peak hour trips would be below the
required threshold of 20 AM peak-hour or 20 PM peak-hour trips.
A focused traffic analysis was prepared by the Town’s traffic consultant (W-Trans) to review
potential concerns with the traffic congestion and safety along Blossom Hill Road, as it is a
safe route to school corridor.
The report found that the proposed assisted living and memory care facility is expected to
generate 302 trips per day. The report determined that the buildout of the proposed
project would not create any significant impacts on the surrounding roadway network and
provided the following recommendations to the project to enhance roadway safety for all
roadway users:
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1. Foliage along the north side of Blossom Hill Road between the project driveway and
Roberts Road East should be trimmed eight feet from the sidewalk for a distance of 300
feet to improve stopping sight distance associated with the project driveway to
improve safety (Exhibit 3, Condition of Approval 62); and
2. Speed feedback signs or supplementary posted speed limit signs should be posted on
Blossom Hill Road approximately 120 feet west of the intersection at Blossom Hill
Road/Roberts Road East to reduce speeding vehicles, for the safety of pedestrians
(Exhibit 3, Condition of Approval 61. g.).
The recommended improvements from the report and additional recommendations from
Town staff are all proposed to be implemented for the project. The recommended
improvements are included in Exhibit 3, Condition of Approval 62 as follows:
a. Class IV bike lane and sidewalk along both sides of the portion of Blossom Hill Road from
east of Hwy 17 overpass to east property limit per the Town’s Bicycle and Pedestrian
Master Plan and the Town General Plan’s policy for complete streets (Sheet C9, Exhibit
19).
b. Class II green bike lanes with green back bike markings extended from new Class IV bike
lane along Blossom Hill Road to Vasona Park/Roberts Road intersection (Sheet C9, Exhibit
19).
c. High visibility crosswalk at property driveway (Sheet C9, Exhibit 19).
d. Modify the project access, such as a reduced corner radius, for improving pedestrian
crossing as may be evaluated and recommended in the traffic study report and/or by the
Town’s traffic engineer (Sheet C9, Exhibit 19).
e. Full width pavement improvements which may include asphalt overlay or cape seal of
Blossom Hill Road where striping or other surface improvements are to be made as part
of the project.
f. Foliage along the north side of Blossom Hill Road between the project driveway and
Roberts Road East shall be trimmed eight feet from the sidewalk for a distance of 300
feet to improve sight distance.
g. Install a speed feedback sign in westbound Blossom Hill Road between the project
driveway and Roberts Road East.
h. Install a new street light between project driveway and Hwy 17 overpass on either side
of Blossom Hill Road.
i. Adjust existing fence along the north side of Blossom Hill Road to provide 4.5-foot
minimum clear width of travel from the back of sidewalk to the back of curb.
j. Modify existing and/or add warning devices as may be evaluated and recommended in
the traffic study report and/or by the Town’s traffic engineer.
k. Install turn restriction signs restricting left-turn movements from the project driveway
onto Blossom Hill Road during school hours as directed by the Town Engineer.
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l. Other off-site improvements recommended in the traffic study report and/or by the
Town’s traffic engineer.
I. Trees
The applicant’s Arborist conducted four site surveys and provided an initial arborist report
dated August 1, 2011 with four subsequent revisions dated May 21, 2017, March 20, 2018,
May 1, 2018, and August 3, 2018 (Exhibit 7) responding to the Town’s Consulting Arborist’s
peer reviews (Exhibit 9).
The project site contains 139 protected trees, including 30 trees that are located on
neighboring properties that were inventoried due to their proximity to the proposed
development. 39 of the 139 protected trees surveyed are considered large protected trees.
The project proposes to remove 58 protected trees, of which 17 are considered to be large
protected trees. Thirteen of the seventeen large protected trees to be removed are Coast
Live Oaks (18, 28, 29, 51, 53, 64, 66, 69, 72, 79, 83, 84, and 90) of which five are in poor
condition, six are in fair condition, one is in good condition, and one is dead. Two of the
proposed large protected trees to be removed are Pacific Willows (21 and 45) that are both
in poor condition. Two of the large protected trees to be removed are Valley Oaks (68 and
78) of which one is in poor condition and one is in fair condition. The 17 large protected
trees are proposed to be removed to accommodate the proposed building footprint and
parking area.
The project proposes to retain a total of 81 protected trees, of which 55 are on-site and 8
are considered to be large protected trees. Tree protection recommendations and
replacement requirements are contained in Exhibit 10 and will be implemented by the
applicant. The project landscape plan proposes 181 replacement trees (Sheet LS-3 and LS-4,
Exhibit 16).
J. Variance
The applicant is requesting a variance from Section 29.60.100 of the Town Code requiring a
six-foot high masonry wall to be constructed along any property line abutting a residentially
zoned property.
The applicant has provided written justification for the variance (Exhibit 5), which includes
that due to the existing topography of the adjacent residentially zoned property sits higher
and a six-foot masonry wall would not provide for any additional privacy between the
properties. In addition, construction of a masonry wall along the property line may require
removal of up to six additional protected trees that provide privacy between properties.
The applicant proposes to plant a minimum of seven screening trees along the eastern
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property line to address privacy concerns between the properties (Condition of Approval
12, Exhibit 3).
As required by Section 29.20.170 of the Town Code, the deciding body, on the basis of the
evidence submitted at the hearing, may grant a variance if it finds that:
(1) Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance deprives
such property of privileges enjoyed by other properties in the vicinity and under
identical zone; and
(2) The granting of a variance would not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone which such property
is situated.
K. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act (CEQA), Section 15332, Class
32: In-Fill Development Projects. A memorandum providing information as to how the
project is categorically exempt from CEQA was prepared by the Town’s Environmental
Consultant, EMC Planning Group Inc. (Exhibit 15). As part of the memorandum, technical
documents regarding Biological Resources, Traffic, Noise, Air Quality, and Water Quality
were prepared and are available in the project file and on the Town’s pending projects
website at the following link: https://www.losgatosca.gov/400420BHR. In the evaluation of the
technical documents, it was determined that with conditions of approval there would be no
significant impacts as a result of the proposed project.
PUBLIC COMMENTS:
Story poles and signage were installed on the site and written notice was sent to property
owners and tenants within 300 feet of the subject property.
The applicant provided a summary of their neighborhood outreach efforts and meetings
conducted since August 2017 through March of this year (Exhibit 6). Appendix D of the
applicant’s Letter of Justification includes a letter of support from the Los Gatos Oaks
Apartments located to the north of the subject project (Exhibit 5).
Staff has included all public comments received by 11:00 AM, March 22, 2019 as Exhibit 17.
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CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application to demolish two
existing office buildings, construct a three-story assisted living and memory care facility, and
remove large protected trees. In addition, the applicant is requesting approval of a
Conditional Use Permit application to allow for a residential care facility (assisted living and
memory care) in an O zone. The applicant is also requesting approval of a variance from the
Town Code, which requires a six-foot masonry wall along any property line abutting a
residentially zoned lot. The project is consistent with the Zoning (except for the Variance
request), General Plan, and applicable Commercial Design Guidelines.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site,
Variance, and Conditional Use Permit applications subject to the recommended conditions
of approval (Exhibit 3 and 4). If the Planning Commission finds merit with the proposed
project, it should:
1. Find the project is Categorically Exempt, pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15332, Class 32:
Infill (Exhibit 2);
2. Make the required findings as required by Section 29.10.09030 of the Town Code for
granting approval of the demolition of existing structures (Exhibit 2);
3. Make the required findings as required by Section 29.20.170 of the Town Code for
granting a Variance (Exhibit 2);
4. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2);
5. Make the required finding that the project complies with the Commercial Design
Guidelines (Exhibit 2);
6. 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
7. Approve Architecture and Site Application S-17-042, Variance Application V-18-002, and
Conditional Use Permit Application U-17-007 with the conditions contained in Exhibit 3
and Exhibit 4 and the development plans in Exhibit 16.
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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
3. Deny the applications.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations (two pages)
3. Recommended Conditions of Approval for the Architecture and Site and Variance
applications (21 pages)
4. Recommended Conditions of Approval for the Conditional Use Permit (one page)
5. Letter of Justification/Project Description, received March 8, 2019 (47 pages)
6. Community Outreach by Applicant, received March 8, 2019 (one page)
7. Applicant’s Arborist Report, received August 20, 2018 (60 pages)
8. Applicant’s Arborist Response Memorandum, received August 20, 2018 (two pages)
9. Consulting Arborist’s Peer Review Report, received February 4, 2019 (three pages)
10. Consulting Architect’s Report #1, received November 14, 2017 (seven pages)
11. Applicant’s Response to Consulting Architect’s Report #1, received March 2, 2018 (one
page)
12. Consulting Architect’s Report #2, received March 29, 2018 (five pages)
13. Applicant’s Response to Consulting Architect’s Report #2, received May 7, 2018 (one page)
14. Consulting Architect’s Report #3, received February 6, 2019 (four pages)
15. Environmental Consultant’s CEQA Categorial Exemption Memorandum, received February
11, 2019 (14 pages)
16. Development Plans, received February 11, 2019 (54 sheets)
17. Public Comments received before 11:00 a.m., Friday March 22, 2019
Distribution:
1. CP Swenson, LLC c/o Jason Reyes, 2012 Broom Grass Court, Vacaville, CA 95688
2. Green Valley Corporation c/o Case Swenson, 777 N. 1st Street, 5th Floor, San Jose, CA 95112
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