Staff Report.Los Robles Way 17200 - Appeal
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/07/2021 ITEM NO: 13
DATE: December 2, 2021
TO: Town Council
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Planning Commission Decision Approving a Lot Line
Adjustment Between Three Adjacent Lots on Properties Zoned R-1:20.
Located at 17200 Los Robles Way. Subdivision Application M-20-012.
APNS 532-36-075, -076, -077. Property Owners: Daran Goodsell, Trustree
and Mark Von Kaenel. Applicant: Tony Jeans. Appellant: Alison and David
Steer.
RECOMMENDATION:
Deny an appeal of a Planning Commission decision approving a Lot Line Adjustment application
(M-20-012) between three adjacent lots on properties zoned R-1:20, located at 17200 Los
Robles Way.
BACKGROUND:
On November 2, 2021, the Town Council opened the public hearing, listened to public
testimony, and discussed the project. Following Town Council discussion, the Town Council
continued the matter to the December 7, 2021 meeting with the following direction:
• Include clarified project plans that show conceptual access and potential building
locations;
• Include information on compliance with the General Plan, Zoning Ordinance, and
Building Code; and
• Include information on potential landslide, flooding, and fire hazards associated with
the property and surrounding areas.
PAGE 2 OF 6 SUBJECT: 17200 Los Robles Way/M-20-012 DATE: December 2, 2021
BACKGROUND (continued):
An analysis of this direction, including the applicant’s responses (Attachments 16 and 18), is
detailed in the Discussion section below. The applicant has also provided a historical summary
of the property and proposed lot line adjustment application (Attachment 17).
DISCUSSION:
A. Clarified Project Plans
The applicant has provided clarified project plans (Attachment 18, Slide 1) showing the
proposed lot-line configuration and conceptual locations of future development. The plans
are color-coded, showing the conceptual driveway locations in blue, conceptual house
locations in purple, conceptual yard areas in light pink, and conceptual roadway
improvements in dark pink. The Least Restrictive Development Area (LRDA) is shown with a
dashed line, and all conceptual development areas shown are within the LRDA. The plan
also specifies how many potential tree removals would be associated with the conceptual
improvement and development locations, showing that over 90 percent of the existing
trees on-site could be retained with the conceptual development locations.
B. General Plan, Zoning Ordinance, and Building Code Compliance
The applicant’s response packet (Attachment 18) provides a summary of compliance with
the General Plan, Zoning Ordinance, and Building Code.
General Plan Compliance:
The subject parcels have a General Plan designation of Low Density Residential, which
allows 0-5 dwelling units per acre. The three parcels at 17200 Los Robles Way are 3.1 acres
combined, which would allow a density of up to 15 dwelling units. The applicant is
proposing to take three existing, legal parcels and modify the lot-lines. Density is not
increasing as this is not a subdivision application.
Attachment 18 provides responses illustrating how the proposed lot-line adjustment, as
well as the future conceptual development, complies with the applicable goals and policies
of the General Plan. The appellant provided additional information following the November
2, 2021 Town Council hearing (Attachment 15), citing four policies in the General Plan that
conflict with the proposal. Each of the four policies, including staff’s analysis and a
summary of the applicant’s responses (Attachment 16), are provided below:
PAGE 3 OF 6 SUBJECT: 17200 Los Robles Way/M-20-012 DATE: December 2, 2021
DISCUSSION (continued):
• Land Use Element – Policy LU-1.3: To preserve existing trees, natural vegetation,
natural topography, riparian corridors and wildlife habitats, and promote high
quality, well-designed, environmentally sensitive, and diverse landscaping in new
and existing developments.
The subject application is for a lot-line adjustment between three existing, legal
parcels. No construction, grading, or tree removals are proposed with this
application. As noted by the applicant in Attachments 16 and 18, the conceptual
development plans show that 153 of the 165 existing trees on the property can be
preserved. Additionally, the applicant has conceptually shown that the proposed
access and driveway locations could be constructed to comply with the Hillside
Development Standards and Guidelines, and the conceptual building footprints
could be located within the LRDA.
• Safety Element – Policy SAF-1.1: Require reliable evaluations of the existing
geologic conditions of site proposed for development where conditions indicate the
possibility of weak supporting soils or geologic structures.
• Safety Element – Policy SAF-1.2: Restrict new development and redevelopment
based on the levels of acceptable risk and potential severity of geologic hazards.
• Safety Element – Policy SAF-1.3: Preserve as open space property that is
unbuildable due to geologic conditions.
The subject application is for a lot-line adjustment between three existing, legal
parcels. No development is proposed with this application. As noted by the
applicant on slides 6-8 of Attachment 18, the subject property is not in a
Liquefaction Zone pursuant to Figure SAF-2 of the Los Gatos General Plan. Per
Figure SAF-2, the western corner of the property is within a Landslide Zone. At time
of Architecture and Site application for the future development activities, the
applicant will be required to provide geologic and geotechnical studies for the
property, which are then reviewed by staff and the Town’s consultants to
determine any required conditions to address possible hazards. These reviews and
identification of potential conditions do not occur during the lot line adjustment
process.
Zoning Ordinance Compliance:
The applicant has provided a breakdown of compliance with applicable Zoning Ordinance
requirements associated with the proposed lot-line adjustment (Attachment 18, Slide 2).
There are four existing non-conformities associated with the three parcels: the existing
residence on Parcel 1 does not meet the required 15-foot side yard setback, Parcel 1 does
PAGE 4 OF 6 SUBJECT: 17200 Los Robles Way/M-20-012 DATE: December 2, 2021
DISCUSSION (continued):
not meet the minimum frontage requirement of 100 feet for lots not fronting on a cul-de-
sac bulb, Parcel 2 does not meet the minimum lot size of 20,000 square feet, and Parcel 2
does not meet the minimum frontage requirement of 100 feet for lots not fronting on a cul-
de-sac bulb. The proposed lot-line adjustment would remedy all existing non-conformities,
except the Parcel 1 frontage on Los Robles Way which will continue to be non-conforming.
Building Code Compliance:
The applicant has provided a summary of compliance with the Building Code in Attachment
18. The California Building Code contains building standards to protect against seismic, fire,
flooding, and other hazards based on recent disasters experienced from all parts of
California. Although compliance with the Building Code is not applicable for a lot-line
adjustment application, the future Architecture and Site applications and future building
permits for development will need to comply with the Building Code.
C. Potential Hazards
The applicant’s response packet (Attachment 18) provides additional information related to
geologic hazards, flooding hazards, and fire hazards.
The JCP report that was referenced during the November 2, 2021 Town Council hearing has
been provided (Attachment 18, Slide 6) with the location of the subject property
highlighted. Per the JCP report, the property is located within the Very High Fire Hazard
Severity Zone and partially within the Landslide Seismic Hazard Zone, but is not within the
Special Flood Hazard Area, Area of Potential Flooding and Dam Failure, Substantial Forest
Fire Risk Wildland Area, Earthquake Fault Zone, or the Liquefaction Seismic Hazard Zone.
In addition to the JCP report, the applicant has included information from the General Plan
related to Seismic Hazards (Attachment 18, Slides 7 and 8), Wildland Urban Interface Fire
Area (Attachment 18, Slides 9 and 10), and FEMA Flood Zones (Attachment 18, Slides 11 and
12).
The Seismic Hazards map, Figure SAF-2 of the General Plan, shows that the property is not
within the Liquefaction Zone. However, the western corner of the property (portions of
existing Parcels 1 and 3) is within an area of potential seismic susceptibility (Landslide Zone).
The applicant will be required to provide geologic and geotechnical reports at time of
Architecture and Site applications for the proposed development, which would then be
peer reviewed by the Town’s consultants and evaluated by Town staff to determine
potential conditions for the proposed development.
PAGE 5 OF 6 SUBJECT: 17200 Los Robles Way/M-20-012 DATE: December 2, 2021
DISCUSSION (continued):
The Wildland Urban Interface Fire Area map, Figure SAF-3 of the General Plan, shows that
the subject property is within the State Mandated Very High Fire Hazard Area. Close to half
of the Town is within this fire hazard area. As with the other Town properties located in a
fire hazard area, any new development is subject to current Building and Fire Code
requirements for Wildland Urban Interface compliance.
The FEMA Flood Zones map, Figure SAF-4 of the General Plan, shows that the property is
not within the 100-year or 500-year flood zones. The adjacent properties to the north,
south, and east are within the 500-year flood zone. Future construction activities will be
subject to the required storm-water management techniques to ensure that future
construction and development will not increase run-off from these properties.
PUBLIC COMMENTS:
Written notice of the November 2, 2021 Town Council hearing was sent to property owners and
tenants within 300 feet of the subject property. The Town Council continued the item to a date
certain. No additional notices were sent for the December 7, 2021 hearing. The appellant
submitted additional information related to the appeal following the November 2, 2021
hearing, which is included as Attachment 15. The applicant has provided a written response to
the additional information received from the appellant, which is included as Attachment 16.
COORDINATION:
The Community Development Department coordinated with the Town Attorney’s Office in the
review of the appeal.
CONCLUSION:
A. Recommendation
For the reasons stated in this report and the November 2, 2021 report, it is recommended
that the Town Council uphold the decision of the Planning Commission and adopt a
resolution (Attachment 6) denying the appeal and approving the application with the
required findings (Attachment 6, Exhibit A), conditions of approval (Attachment 6, Exhibit
B), and development plans (Attachment 1, Exhibit 13).
PAGE 6 OF 6 SUBJECT: 17200 Los Robles Way/M-20-012 DATE: December 2, 2021
CONCLUSION (continued):
B. Alternatives
Alternatively, the Town Council could:
1. Adopt a resolution (Attachment 7) to grant the appeal and remand the application back
to the Planning Commission with specific direction;
2. Adopt a resolution granting the appeal and denying the application (Attachment 8); or
3. Continue the application to a date certain with specific direction.
Attachments Previously Received with the November 2, 2021 Staff Report:
1. September 8, 2021 Planning Commission Staff Report, with Exhibits 1-14
2. September 8, 2021 Planning Commission Verbatim Minutes
3. Appeal of the Planning Commission Decision, received September 20, 2021
4. Applicant’s Response to Appeal, received October 8, 2021
5. Additional Information from the Appellant, received October 21, 2021
6. Draft Resolution to Deny Appeal and Approve Project, with Exhibits A and B
7. Draft Resolution to Grant Appeal and Remand Project to Planning Commission
8. Draft Resolution to Grant Appeal and Deny Project
9. Public Comments received between 11:01 a.m., September 8, 2021 and 11:00 a.m., October
28, 2021
10. Applicant’s Response to Public Comments received between 11:01 a.m., September 8, 2021
and 11:00 a.m., October 28, 2021
Attachments Previously Received with the November 2, 2021 Addendum Report:
11. Additional Information from the Appellant, received November 1, 2021
Attachments Previously Received with the November 2, 2021 Desk Item Report:
12. Applicant’s Presentation from the September 8, 2021 Planning Commission hearing
13. Additional Information from the Appellant, received November 2, 2021
14. Appellant’s Presentation for the November 2, 2021 Town Council hearing
Attachments Received with this Staff Report:
15. Additional Information from the Appellant, received November 12, 2021
16. Applicant’s Response to Appellant’s letter, received November 17, 2021
17. Applicant’s Historical Summary of the property, received November 17, 2021
18. Applicant’s Response to Town Council Questions, received November 19, 2021