375 Knowles DriveMEETING DATE: 08/05/14
1 I
COUNCIL AGENDA REPORT ITEM NO: q
DATE: JULY 30, 2014 ,J
TO: MAYOR AND TOWN COUNCIL v L
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD -13 -002 GENERAL PLAN
AMENDMENT GP -13 -001 ENVIRONMENTAL IMPACT REPORT EIR -13-
003. PROJECT LOCATION: 375 KNOWLES DRIVE. PROPERTY OWNER:
COUNTY OF SANTA CLARA APPLICANT• KT PROPERTIES.
A. CONSIDER CERTIFICATION OF AN ENVIRONMENTAL IMPACT
REPORT AND ADOPTION OF A MITIGATION MONITORING AND
REPORTING PROGRAM.
B. CONSIDER A REQUEST FOR A GENERAL PLAN AMENDMENT
FROM PUBLIC TO OFFICE PROFESSIONAL.
C. CONSIDER A REQUEST FOR A PLANNED DEVELOPMENT TO
DEMOLISH THE EXISTING BUILDING AND TO CONSTRUCT 33
SINGLE- FAMILY RESIDENCES ON PROPERTY ZONED O. APN 406-
28 -032.
RECOMMENDATION:
After the Mayor opens and closes the public hearing and the Clerk reads the title of the zoning
ordinance, it is recommended that the Town Council:
1. Certify an Environmental Impact Report for 375 Knowles Drive Planned Development;
2. Accept the Planning Commission's recommendation to deny the General Plan amendment;
and
3. Deny the Planned Development application.
ALTERNATIVES:
Instead of the recommendation above, the Town Council may make a motion(s) to:
PREPARED BY: LAUREL R. PREVETTI
Assistant Town Manager irector of Community evelopment
Reviewed by: N/A Assistant Town Manager own Attorney Finance
N1DMTC REPORTS\2014075Know1m.doc Reformatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 375 KNOWLES DRIVE /GP- 13- 001/PD- 13- 002/EIR -13 -003
July 30, 2014
1. Deny the General Plan amendment and the Planned Development application without
certifying the Environmental Impact Report pursuant to the California Environmental Quality
Act (CEQA); or
2. Approve the proposed project, by taking the following actions in one or more motions:
A. Rescind Council Resolution 2011 -063 (Attachment 13);
B. Adopt a resolution (Attachment 14) to certify the Environmental hnpact Report (EIR-
13 -003) (Attachments 1 and 2), adopt the Mitigation Monitoring and Reporting
Program (Attachment 3), make the required finding that the General Plan amendment
(GP -13 -001) is internally consistent with the existing goals and policies of the
General Plan and its corresponding Elements (Attachment 12), and amend the
General Plan to change the land use designation from Public to Office Professional;
C. Make the required finding that the zone change is internally consistent with the
General Plan and its elements. (Attachment 12) and approve the Planned
Development application (PD -13 -002) subject to the performance standards and
development plans included in the Planned Development Ordinance (Attachment 17),
or as otherwise modified by the Town Council;
D. Waive the reading of the zone change Ordinance;
E. Introduce the Ordinance effecting the zone change; or
3. Continue the project to a date certain with specific direction; or
4. Remand the project to the Planning Commission with specific direction.
BACKGROUND:
The subject property is located on the north side of Knowles Drive, west of Capri Drive. The site
is comprised of two surplus parcels owned by Santa Clara County (see Exhibit 3 and Exhibit A of
Exhibit 7 of Attachment 4). The project site wraps a corner parcel owned by El Camino Hospital
and has frontage on both Knowles and Capri Drives.
The Courthouse site parcels are currently designated Public in the General Plan and zoned 0-
Office. In addition, in 2011, the Town Council adopted a resolution affirming the General Plan
designation and zoning (Attachment 13).
Preliminary plans for residential and office developments were reviewed by the Conceptual
Development Advisory Committee (CDAC) on June 13, 2012. The CDAC minutes are attached
as Exhibit 6 of Attachment 4.
The County surplus property known as the Courthouse Site, inclusive of the two parcels being
proposed for development and the corner parcel that is now owned by El Camino Hospital, was
previously considered for an Affordable Housing Overlay Zone. The property was ultimately
eliminated from the list of possible sites and an AHOZ overlay was not applied to any of the
parcels comprising the Courthouse Site.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 375 KNOWLES DRIVE /GP -13- 001 /PD -13- 002 /EIR -13 -003
July 30, 2014
On March 19, 2013, a Planned Development (PD) application was filed for a 45 unit single -
family residential project. Through the course of the planning process the applicant eliminated
five units and modified the site plan to a 40 unit proposal which was then submitted to the
Planning Commission.
The PD application includes a General Plan Amendment (GPA) to change the land use
designation from Public to Office Professional. The GPA was considered by the General Plan
Committee (GPC) on June 26, 2013. The GPC recommended that the land use designation be
changed to Office Professional rather than Medium Density Residential (see Exhibit 8 of
Attachment 4).
DISCUSSION:
A. Project Summary
The developer is requesting the approval of
• An Environmental Impact Report and Mitigation Monitoring and Reporting Program;
• A General Plan Amendment; and
• A Planned Development.
General Plan Amendment
The current General Plan land use designation for the property is Public. A GPA is proposed
to change the land use designation from Public to Office Professional, which would be
consistent with the existing O (Office) zoning designation. Residential is a conditional use in
the O zone, so a residential project would not be inconsistent with an Office Professional
land use designation. The GPC considered the proposed GPA on June 26, 2013, and
recommended that the land use designation be Office Professional as that would allow the
greatest flexibility for future use of the site (see Exhibit 8 of Attachment 4). Attachment 14 is
a draft Council resolution to approve the proposed GPA.
Planned Development
The applicant is requesting approval of a PD application to construct 33 single family
residences, which includes four BMP units. A PD application was filed because the applicant
is requesting the following exceptions to zoning requirements:
• Reduced setbacks;
• Reduced lot sizes;
• Floor Area Ratios (FAR) that are higher than would be allowed for a standard single
family subdivision; and
• Building coverage that exceeds 40% for individual lots.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 375 KNOWLES DRIVE /GP -13- 001 /PD -13- 002 /EIR -13 -003
July 30, 2014
The purpose of a PD overlay zone is to provide for alternative uses and developments more
consistent with site characteristics than are allowed in other zones, to create optimum
quantity and use of open space, and to encourage good design.
A PD is required to include only conceptual development plans; however, the applicant has
developed detailed plans to demonstrate the merits of the project and convey the architectural
design. The applicant has also provided a revised graphics package illustrating the revised 33
unit proposal (Attachment 18). Information regarding the earlier submittal for 40 units is
provided in Exhibit 16.
Land Use
As previously noted, the Town Council adopted a resolution in 2011 stating that any
proposed housing project that does not meet the Town's Affordable Housing Overlay Zone
(AHOZ) requirements would not be a permitted use (see Attachment 13). The property was
removed from the list of possible AHOZ sites in 2013. In order to approve the PD, Council
resolution 2011 -063 will need to be rescinded or amended.
B. Planning Commission
On May 14, 2014, the Planning Commission considered the subject applications (Attachment
10 contains the verbatim minutes of May meeting). The Commission continued the matter to
their June 25, 2014 agenda and requested that the applicant provide revised plans that reduce
the number of units and address the following issues: height, massing, open space, and the
comments from the Consulting Architect dated March 19, 2014 (Exhibit 12 of Attachment 4).
On June 25, 2014, the Planning Commission considered revised plans and information from
the applicant. The major plan revisions that were made following the Planning Commission's
May 14, 2014 meeting are summarized as follows:
• The number of units has been reduced from 40 to 33, which includes four BMP units.
• The previously proposed three -story units have been reduced to two -story units.
• The minimum separation between units has been increased to a minimum of ten feet for
all units.
• Additional common open space has been provided which is illustrated as Lot H in the
graphics package (Attachment 18).
• The revised plans responded to the Consulting Architect's comments dated March 19,
2014 as explained in correspondence from the applicant's architect (Exhibit 20 of
Attachment 7) and the applicant (Exhibits 21 and 22 of Attachment 7).
At its June 25, 2014 meeting, the Planning Commission reviewed the EIR, GPA application,
PD application, letter from the Consulting Architect dated June 20, 2014 (Exhibit 23 of
Attachment 7), and other materials (Attachment 11 contains the verbatim minutes of June
meeting).
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: 375 KNOWLES DRIVE /GP -13- 001 /PD -13- 002 /EIR -13 -003
July 30, 2014
After discussing the revised project and receiving public testimony, the Commission
recommended denial of the PD application on a 4 -3 vote. The Planning Commission
recommended denial because they determined that the proposed zone change was not
consistent with the General Plan and the proposed General Plan amendment was not
consistent with the General Plan's Goals and Policies and its Elements.
The following summarizes the basis for this decision:
• The proposed project does not meet the purposes for the use of a PD;
• The design of the homes and site planning does not show excellence in design;
• The proposed project does not look and feel like Los Gatos;
• Noise is a concern and single family residences are not appropriate in this location;
• There is not enough open space provided;
• There is no justification for rescinding Resolution 2011 -063; and
• Density and intensity are a concern.
The applicant has provided a letter addressing the Planning Commission's action (Attachment
16).
ENVIRONMENTAL ASSESSMENT:
An Environmental Impact Report (EIR) was prepared for the project (Attachments I and 2). As
part of the environmental review process a number of technical reports were prepared, including
an arborist report, archaeological, biological, noise, geotechnical, storm water management, and
traffic analyses. Reports that were prepared by outside consultants were peer reviewed by Town
Consultants, inclusive of the geotechnical, storm water management and traffic reports.
The Final EIR includes a summary of the previously revised project, as a reduction of units from
45 to 40 occurred following preparation of the Draft EIR. In that case, no new impacts were
created and some impacts, such as traffic, were lessened by the reduction of units. The
additional reduction to 33 units does not create any new impacts and some impacts, such as
traffic, will be lessened by the reduction of units.
A Mitigation Monitoring and Reporting Program (MMRP) has been prepared as required by
CEQA (see Attachment 3). The MMRP includes all mitigation measures, and the department(s)
responsible for ensuring that the mitigation measure is properly implemented. The mitigation
measures have also been incorporated into the performance standards in the Draft Planned
Development Ordinance (Attachment 17). All potential impacts associated with the proposed
project will be mitigated to a less than significant level through the implementation of the
Mitigation Measures.
FISCAL IMPACT:
None.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: 375 KNOWLES DRIVE /GP -13- 001 /PD -13- 002 /EIR -13 -003
July 30, 2014
CONCLUSION:
The Planning Commission recommended denial of the proposed project, with the majority
expressing concerns as summarized above in Section B.
It is recommended that the Town Council accept the Planning Commission's recommendation
and deny the General Plan amendment and Planned Development application. If the Council
determines that the applications should be approved, the actions needed are outlined on page two
of this staff report. Other alternatives for Council consideration and possible action are also on
page two.
Attachments (Previously received on December 3, 2013)
1. Draft Environmental Impact Report
Attachments (Previously received on May 2, 2014)
2. Final Environmental Impact Report Responses to Comments
Attachments received with this Report:
3. Mitigation Monitoring and Reporting Program (five pages)
4. Report to the Planning Commission for the meeting of May 14, 2014 with Exhibits 3 -16
5. Desk Item Report to the Planning Commission for the meeting of May 14, 2014 with
Exhibits 17 -18
6. Desk Item 2 Report to Planning Commission for the meeting of May 14, 2014 with Exhibit
19
7. Report to the Planning Commission for the meeting of June 25, 2014 with Exhibits 20 -23
(Exhibit 24, Revised Planned Development Ordinance included as Attachment 19 below)
8. Desk Item Report to the Planning Commission for the meeting of June 25, 2014 with
Exhibits 25 -27
9. Information received at the June 25, 2014 Planning Commission meeting from the public and
fence photographs from the applicant (nine pages)
10. Verbatim minutes from the May 14, 2014 Planning Commission hearing (96 transcribed
pages)
11. Verbatim minutes from the June 25, 2014 Planning Commission hearing (72 transcribed
pages)
12. Required findings (one page)
13. Report to the Town Council for the meeting of September 19, 2011 with Attachments 1 -4
(provided as background information on Council Resolution 2011 -63)
14. Council Resolution 2011 -063, including Exhibit A (two pages)
15. Draft Resolution for General Plan Amendment (two pages) with Exhibit A (GPA Exhibit —
one page)
16. Public communications received from June 26, 2014 through 12:00 p.m., Thursday, July 31,
2014
PAGE 7
MAYOR AND TOWN COUNCIL
SUBJECT: 375 KNOWLES DRIVE /GP -13- 001 /PD -13- 002 /EIR -13 -003
July 30, 2014
17. Letter from the applicant (12 pages)
18. Neighborhood Outreach Efforts report from Applicant (one page)
19. Planned Development Ordinance (32 Pages), including Exhibit A (Rezoning Exhibit - one
page) and Exhibit B (Official Development Plans - 28 pages)
20. Revised graphics package (15 Pages)
Distribution
cc: Mark Tersini, KT Properties, 21710 Stevens Creek Blvd., Suite 200, Cupertino, CA 95014
Beverley Bryant, 16940 Placer Oaks Road, Los Gatos, CA 95032
Laura Worthington - Forbes, Kimley Horn & Associates, 100 W. San Fernando Street, Suite
250, San Jose, CA 95113
Bruce Knopf, County of Santa Clara, 70 W. Hedding Street, San Jose, CA 95110
LRP:JP:cg
THIS PAGE
INTENTIONALLY
LEFT BLANK