Item 2 - Staff Report.15860-15894 Winchester Blvd
PREPARED BY: Jennifer Armer
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 07/10/2019 ITEM NO: 2
DATE: July 2, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Architecture and Site Application S-19-026 and Subdivision Application M-19-
006. Project Location: 15860-15894 Winchester Boulevard. Applicant:
Doug Rich, Valley Oak Partners. Property Owners: South Beach Partners LLC
and Cumulus Capital Holdings LLC.
Requesting approval of a time extension to demolish three existing single-
family residences, remove an accessory dwelling unit, remove large protected
trees, and merge four lots for the purposes of constructing a new two-story
office building with below grade and at grade parking. APNs 529.11-013, -
038, -039, and -040.
RECOMMENDATION:
Approval, subject to the recommended Conditions of Approval.
PROJECT DATA:
General Plan Designation: Office Professional
Zoning Designation: O, Office
Applicable Plans & Standards: Commercial Design Guidelines
Parcel Size: 1.3 acres
PAGE 2 OF 5 SUBJECT: 15860-15894 Winchester Boulevard/S-19-026 and M-19-006 DATE: July 2, 2019
PROJECT DATA (continued):
Surrounding Area:
CEQA:
It was determined that this project will not have a significant impact on the environment and
the Town Council adopted a Mitigated Negative Declaration for the Architecture and Site and
Subdivision applications on October 17, 2017.
FINDINGS:
As required by Section 29.20.325 of the Town Code for granting a time extension request.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On January 25, 2017, the Planning Commission considered the Architecture and Site and
Subdivision applications to demolish three existing single-family residences, remove an
accessory dwelling unit, remove large protected trees, and merge four lots for the purposes of
constructing a new two-story office building with below grade and at grade parking. On April
26, 2017, after a continuation, the Planning Commission denied the applications. The decision
of the Planning Commission was appealed by the applicant on May 8, 2017. On October 17,
2017, the Town Council granted the appeal of the Planning Commission decision and approved
the Architecture and Site and Subdivision applications.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the northeast corner of Winchester Boulevard and Shelburne
Way. Access to the project site is provided on Winchester Boulevard and Shelburne Way.
Existing Land Use General Plan Land Use Designation Zoning
North Residential, Office,
and Commercial
Office Professional O
South Residential Medium Density Residential O
East Commercial Service Commercial and Office
Professional
LM and O
West Office Low Density Residential O
PAGE 3 OF 5 SUBJECT: 15860-15894 Winchester Boulevard/S-19-026 and M-19-006 DATE: July 2, 2019
PROJECT DESCRIPTION (continued):
B. Project Summary
The applicant is requesting approval of a time extension of the approved Architecture and
Site and Subdivision applications to demolish three existing single-family residences,
remove an accessory dwelling unit, remove large protected trees, and merge four lots for
the purposes of constructing a new two-story office building with below grade and at grade
parking. The applicant is requesting a time extension because they have not been able to
secure a tenant. The applicant’s time extension request is included as Exhibit 4, and the
development plans are included as Exhibit 5. The applicant is not proposing any changes to
the approved project.
C. Zoning Compliance
An office use is a permitted use in the O zone.
DISCUSSION:
A. Time Extension
The purpose of requiring a time extension is to give the Town the ability to modify existing
conditions or impose additional conditions to address new facts that have come to light. If
there are new facts concerning the proposed project, conditions of approval can be added
or modified in order to grant a time extension.
On April 3, 2006, Council determined that up to two time extensions are considered
appropriate to allow projects to move forward. Time extensions are not intended to
provide an opportunity to completely revisit an application. They are intended to provide
an opportunity to evaluate if the facts that existed at the time of approval have changed or
if new conditions are warranted.
Town Code Section 29.20.325 allows the deciding body to approve reasonable time
extensions not exceeding one year subject to the following findings:
(1) There would be no legal impediment to granting a new application for the same
approval.
(2) The conditions originally applied or new conditions to be applied as part of the
extension approval are adopted to any new facts concerning the proposed project.
The applicant is not proposing any changes to the previously approved project. The
Planning Division, Building Division, Parks and Public Works Engineering Division, and the
PAGE 4 OF 5 SUBJECT: 15860-15894 Winchester Boulevard/S-19-026 and M-19-006 DATE: July 2, 2019
DISCUSSION (continued):
Santa Clara County Fire Department reviewed the time extension request. In regards to the
first finding, there would not be any legal impediment to granting the extension, and the
findings made for the previous approval still stand. In regards to the second finding,
conditions have been modified to reflect the new expiration date, include current Public
Works Department requirements and standard conditions, and the names of department
contacts. No other conditions have been modified or added.
B. Environmental Review
It was determined that this project will not have a significant impact on the environment
and the Town Council adopted a Mitigated Negative Declaration for the Architecture and
Site and Subdivision applications on October 17, 2017.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. Exhibit 6 includes public comments received by 11:00 a.m., Friday, July 5, 2019.
CONCLUSION:
A. Recommendation
As discussed above, there are no changes to the previously approved project and staff
believes the findings required to grant the time extension can be made. Therefore, staff
recommends approval of the time extension request. If the Planning Commission finds merit
with the proposal, it should:
a. Make the required findings as required by Section 29.20.325 of the Town Code for
granting a time extension request (Exhibit 2); and
b. Approve the time extension applications S-19-026 and M-19-006 with the conditions
contained in Exhibit 3.
B. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the applications with additional and/or modified conditions of approval; or
3. Deny the applications.
PAGE 5 OF 5 SUBJECT: 15860-15894 Winchester Boulevard/S-19-026 and M-19-006 DATE: July 2, 2019
EXHIBITS:
1. Location Map
2. Required Findings (one page)
3. Recommended Conditions of Approval (22 pages)
4. Time Extension Request, received May 9, 2019 (one page)
5. Development Plans, received May 9, 2019
6. Public Comments received by 11:00 a.m., Friday, July 5, 2019