Item 1.Addendum with Exhibit.17121 Crescent
PREPARED BY: Sean Mullin, AICP
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
SPECIAL MEETING REPORT
MEETING DATE: 11/21/2022 ITEM NO: 1 ADDENDUM
DATE: November 18, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Construction of a New Single-Family Residence and
Site Improvements Requiring a Grading Permit and an Appeal of a Santa Clara
County Fire Department Decision Denying a Request for an Exception to the
State Minimum Fire Safe Regulations on Property Zoned HR-1. Located at
17121 Crescent Avenue. APN 532-21-007. Architecture and Site Application
S-21-021.
PROPERTY OWNERS/APPLICANTS: Eric and Lee Ann Wade.
PROJECT PLANNER: Sean Mullin.
REMARKS:
Exhibit 19 includes public comment received between 11:01 a.m., Thursday, November 17,
2022, and 11:00 a.m., Friday, November 18, 2022.
EXHIBITS:
Previously received with the November 17, 2022 Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Letter of Justification
5. Color and Materials Board
6. Consulting Architect’s Report
7. Applicant’s Response to Consulting Architect’s Report
8. Consulting Arborist’s Report
9. Public Resources Code 4290
10. Fire Hazard Severity Zones Map
11. SRA/VHFHSZ Fire Safe Regulations
12. SCCFD Deficiency Letter, dated May 18, 2022
13. Applicant’s Exception Request to the Fire Safe Regulations, dated May 25, 2022
PAGE 2 OF 2 SUBJECT: 17121 Crescent Drive/S-21-021 DATE: November 18, 2022
EXHIBITS (continued):
14. SCCFD Denial of Applicant’s Exception Request to the Fire Safe Regulations, dated July 20,
2022
15. Crescent Hill Subdivision Map, 1929
16. Applicant’s Neighbor Outreach Effort Summary
17. Public Comments received by 11:00 a.m., Thursday, November 17, 2022
18. Development Plan
Received with this Addendum Report:
19. Public Comment received between 11:01 a.m., Thursday November 17, 2022, and 11:00
a.m., Friday, November 18, 2022
From: Anne Cristofano <>
Sent: Monday, November 14, 2022 10:26 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: Support for 17131 Crescent Dr., Los Gatos
EXTERNAL SENDER
Planning Council,
We are writing to express our support for the proposed development at 17121 Crescent Drive in Los
Gatos.
Thank you,
Anne Cristofano
EXHIBIT 19
From: Margaret Belska <>
Sent: Thursday, November 17, 2022 12:55 PM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: Application S-21-021, Nov 21 Hearing, Item #1
EXTERNAL SENDER
Dear Town of Los Gatos Planning Commission,
I would like to voice my strong support in favor of approval of the project Located at
17121 Crescent Avenue for applicants Eric and Lee Ann Wade. The Wades’ project
has been blocked for months by an SCCFD requirement that they spend $4.5 million
dollars building a new shared road for the benefit of their neighbors as a condition of
approval for a new single-family home. This requirement is unconstitutional since it
is unreasonable and completely disproportionate to the project being proposed. It
also constitutes a regulatory taking without compensation since the value of their
property will be severely diminished if they are not able to develop it.
This Commission does not need to decide on the legality of the imposed
requirements since that has already been done by others. No other County in the
State besides Santa Clara is blocking single family home development on existing
roads on account of PRC 4290. They realize the legal hotbed they would be in if they
tried. In unincorporated Santa Clara County, the Planning Department has removed
the PRC 4290 road requirements from multiple projects, deeming them to be in
violation of the law. This Commission is simply being asked to alight the Town of Los
Gatos with its neighbors and the rest of the State by removing the unconstitutional
requirements from the Wades’ application by granting them the Request for an
Exception.
Sincerely,
Margaret Belska
From: Karen Giordano <>
Sent: Thursday, November 17, 2022 4:04 PM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: 17121 Crescent Drive Los Gatos, Ca.
EXTERNAL SENDER
Hello Planning Council,
I would like to support the proposed development for 17121 Crescent Drive
Los Gatos, Ca. Please make an exception for the owners to develop their land.
Thank you,
Giordano
, Los Gatos, Ca.
From: elizabeth adams <>
Sent: Thursday, November 17, 2022 6:45 PM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: 17121 Crescent Dr
EXTERNAL SENDER
Planning Commissioners,
I am writing in support of the proposed development at 17121 Crescent Dr. I understand Santa Clara
County Fire is restricting the development under regulations noted in PRC 4290.
In respect to new construction on existing dead-end roads, I feel the fire departments interpretation of
this regulation is incorrect. Construction of new fire safe homes on existing legal lots with required
safety measures to replace existing ones will help to create a more fire safe neighborhood.
I respectfully request that this application should be approved.
Sincerely,
Elizabeth A. Adams
, Los Gatos,
Sent from my iPhone