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: 04/10/2019 ITEM NO: 3
DATE: APRIL 4, 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
BACKGROUND:
The Planning Commission considered this application on February 13, 2019 and continued
the matter to April 10, 2019 with direction to the applicant to provide the following:
• A feasibility analysis for an alternative to restore the hillside areas (rear yard area and
driveway area) to the grades that existed prior to the construction of the
unpermitted retaining walls; and
• Alternatives to mitigate the construction of the unpermitted retaining walls by
meeting the following Hillside Development Standards and Guidelines (HDS&G) to
the maximum extent feasible:
o Maximum exposed retaining wall heights of five feet;
o Maximum exposed uninterrupted retaining wall lengths of less than 50 feet; and
o Minimal exceptions for exceeding the maximum allowable cut and fill depths.
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DISCUSSION:
In response to the direction received from the Planning Commission at the February 13,
2019 meeting, the applicant has provided the following:
• A revised Scope of Work / Letter of Justification which includes a feasibility analysis
(Exhibit 10);
• An exhibit for an alternative to restore the hillside areas and alternatives to mitigate
the construction of the unpermitted retaining walls (Exhibit 11); and
• Revised development plans (Exhibit 12).
As discussed at the previous public hearing the unpermitted work occurred within two areas
(Exhibit 12, Sheet M-1): a portion of the driveway area (northeastern section); and a portion
of the rear yard (southwestern section).
Restoration Alternative
The applicant has provided a feasibility analysis for an alternative to restore the hillside
areas to their original condition (Exhibit 10, page 4). The applicant states that removing the
unpermitted retaining walls could destabilize the soil on the hillside areas and create a
dangerous geotechnical condition. The Restoration Alternative would include burying the
unpermitted retaining walls by cutting into the existing hill to provide a stable foundation for
new engineered soil, referred to as benching. At the driveway area additional cut depths of
10 feet and additional engineered fill depths of 14 feet would be required. At the rear yard
area additional cut depths of almost eight feet and additional engineered fill depths of
almost 10 feet would be required (Exhibit 11).
The Restoration Alternative would require the following exceptions to the HDS&G:
1. Exceeding the maximum allowable cut depths (four feet) for yards; and
2. Exceeding the maximum allowable fill depths (three feet) for yards.
Driveway Area Mitigation Alternative 1
The Driveway Area Mitigation Alternative 1 would include adding structural buttressing to
the unpermitted retaining walls and one additional terraced wall to bring the current site
conditions into substantial conformance with the HDS&G (Exhibit 12, Sheet M-2). Some of
the grades outside of the LRDA would be restored. Maximum exposed retaining wall heights
would be over five feet and uninterrupted retaining wall lengths would be reduced to
approximately 33 feet. Additionally, engineered fill depths of four feet would be required
(Exhibit 11).
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DISCUSSION (continued):
The Driveway Area Mitigation Alternative 1 would require the following exceptions
to the HDS&G:
1. Grading outside of the LRDA (on slopes over 30 percent);
2. Exceeding the maximum allowable fill depths (three feet) for yards; and
3. Exposed retaining walls over five feet in height.
Driveway Area Mitigation Alternative 2
The revised project proposes to implement the Driveway Area Mitigation Alternative 2. This
alternative would include adding structural buttressing to the unpermitted retaining walls
and two additional terraced walls to bring the current site conditions into substantial
conformance with the HDS&G (Exhibit 12, Sheet M-2). Some of the grades outside of the
LRDA would be restored. Maximum exposed retaining wall heights would be reduced to five
feet and uninterrupted retaining wall lengths would be reduced to approximately 33 feet.
Additional engineered fill depths of seven feet would be required (Exhibit 11).
The proposed Driveway Area Mitigation Alternative 2 would require the following exceptions
to the HDS&G:
1. Grading outside of the LRDA (on slopes over 30 percent); and
2. Exceeding the maximum allowable fill depths (three feet) for yards.
Rear Yard Area Mitigation Alternative
The revised project proposes to implement the Rear Yard Area Mitigation Alternative. This
alternative would include adding structural buttressing to the unpermitted retaining walls
beneath one terraced wall to bring the current site conditions into substantial conformance
with the HDS&G (Exhibit 12, Sheet M-3). Some of the grades outside of the LRDA would be
restored. Maximum exposed retaining wall heights would be reduced to five feet and
uninterrupted retaining wall lengths would be reduced to approximately 23 feet. Additional
engineered fill depths of three feet would be required (Exhibit 11).
The proposed Rear Yard Mitigation Alternative would require the following exception
to the HDS&G:
1. Grading outside of the LRDA (on slopes over 30 percent).
PUBLIC COMMENTS:
No public comments have been received at the time of writing this report.
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CONCLUSION:
A. Summary
The revised project proposes to implement the Driveway Area Mitigation Alternative 2
and the Rear Yard Area Mitigation Alternative. These alternatives would include adding
structural buttressing to the unpermitted retaining walls and terraced walls to bring the
current site conditions into substantial conformance with the HDS&G. The revised
project would include maximum exposed retaining wall heights of five feet and
maximum exposed uninterrupted retaining wall lengths of less than 50 feet.
The revised project would require exceptions to the HDS&G for grading outside of the
LRDA (on slopes over 30 percent), and exceeding the maximum allowable fill depths
(three feet) for yards for the driveway area. Should the Planning Commission find merit
with the revised project the Commission may grant the exceptions to the HDS&G.
B. Recommendation
If the Planning Commission determines that the revised project and additional
information adequately address the direction provided at the February 13, 2019
meeting, it can 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 9);
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); and exceeding the maximum
allowable cut depths (four feet) for yards. (Exhibit 9);
c. Make the finding that the project complies with the Hillside Specific Plan
(Exhibit 9);
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 9); and
e. Approve Architecture and Site application S-16-065 with the conditions
contained in Exhibit 3 and the development plans in Exhibit 12.
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CONCLUSION (continued):
C. Alternatives
Alternatively, the Commission can:
1. Approve the application with additional and/or modified conditions;
2. Continue the matter to a date certain with specific direction; or
3. Deny the application.
EXHIBITS:
Previously received with the February 13, 2019 Staff Report:
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)
Received with this Staff Report:
9. Revised Findings and Considerations (one page)
10. Applicant’s Revised Scope of Work/Letter of Justification, received March 18, 2019
(seven pages)
11. Applicant’s Alternatives Exhibits, received March 25, 2019 (10 pages)
12. Revised Development Plans, received March 21, 2019 (5 sheets)
Distribution:
Sandra Campbell, 17020 Los Cerritos Drive, Los Gatos, CA 95030
Glenn Katz, Bearington Studios, 4340 Almaden Expressway, Suite 220, San Jose, CA 95118
Michael F. Goodhue, MFG Engineers, Inc., P.O. Box 1914, Aptos, CA 95001
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