Request to Modify Existing PD Ordinance 2147w MEETING DATE: 10/07/14
W I
COUNCIL AGENDA REPORT ITEM NO: (�
DATE: SEPTEMBER 25, 2014
TO: MAYOR AND TOWN COUNCIL U "
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD -14 -003 PROJECT
LOCATION: 15574, 15588, 15602, 15615, 15630 15644 15657 15672 15685
SHADY LANE AND 15315 15310 15330 15343 15358 15365 15371
SANTELLA COURT AND 15415 SANTELLA DRIVE AND 15675 15685
GUM TREE LANE (LOCATED IN THE HIGHLANDS OF LOS GATOS
PLANNED DEVELOPMENT ON SHADY LANE EAST OF SHORT ROAD)
PROPERTY OWNER/APPLICANT: DAVIDON HOMES
CONSIDER A REQUEST TO MODIFY THE EXISTING PLANNED
DEVELOPMENT (ORDINANCE 2147) TO MODIFY THE REQUIREMENT
FOR EXTERIOR COLORS ON PROPERTY ZONED HR- 2Y2:PD. APNS 527-
09 -010 THROUGH 024 AND 030 THROUGH 033.
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. Accept the Planning Commission's recommendation to deny the Planned Development
modification application; and
2. Consider the Commission's additional comments as a potential rationale to approve the
proposed modification (see Alternative 1 below and revised performance standard 15 on page
3).
ALTERNATIVES:
Instead of the recommendation above, the Town Council may make a motion(s) to:
1. Approve the proposed project, by taking the following actions in one or more motions:
PREPARED BY: LAUREL R. PREVETTI �
Assistant Town Manager/Dir ctor m
of Comurut�lopment
Reviewed by: N/A Assistant Town Manager * own Attorney Finance
NADEV�TC REPORTS\2014 UtighlandsPDModification.doc Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HIGHLANDS/PD -14 -003
September 25, 2014
A. Make the required findings that: no further environmental analysis is required for the
proposed Planned Development modification; the zone change is internally consistent
with the General Plan and its elements; and the proposed Planned Development
modification is consistent with the Hillside Development Standards and Guidelines
(HDS &G)(Attachment 3) and approve the Planned Development modification
application (PD -14 -003) subject to the performance standards included in the revised
Planned Development Ordinance (Attachment 4), or as otherwise modified by the
Town Council;
B. Waive the reading of the zone change Ordinance;
C. Introduce the Ordinance effecting the zone change; or
2. Continue the project to a date certain with specific direction; or
3. Remand the project to the Planning Commission with specific direction
BACKGROUND:
On December 19, 2005, the Town Council considered a Planned Development (PD) for
subdivision of a 66 -acre property at the terminus of Shady Lane into 19 single - family residential
lots. At that meeting the Council certified the Environmental Impact Report (EIR) and introduced
the PD Ordinance for the project. PD Ordinance 2147 was adopted by the Council on January 17,
2006 (see Exhibit 2).
In 2011 the property was purchased by Davidon Homes. The Planning Commission has reviewed
and approved Architecture and Site (A &S) applications for homes on lots 3 (required by
Ordinance 2147) and 12 (required by HDS &G because FAR was over 5,400 square feet). A &S
applications for homes on lots 1, 2, 4, 5, 6, 11, 14, 15, 16, 17, 18, and 19 have been approved by
the Development Review Committee (DRC) because the home sizes were less than 5,000 square
feet and compliant with the HDS &G, the Hillside Specific Plan, and PD Ordinance 2147.
PD Ordinance 2147 and all A &S applications that have been approved require the homes to have
paint colors with a Light Reflective Value (LRV) of 30 or less pursuant to the HDS &G (page 41).
DISCUSSION:
A. Proiect Summary
The applicant is requesting approval of the following:
• A modification of the existing PD (Ordinance 2147) to allow for an alternative method of
complying with the LRV requirement for the Highlands of Los Gatos properties.
The applicant has submitted a Letter of Justification/Written Description detailing their
request (Exhibit 5 of Attachment 1). Additionally, the applicant has provided exhibits
(Attachment 5) for each of the lots that have been approved showing color schemes for: the
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: HIGHLANDS/PD -14 -003
September 25, 2014
originally submitted color; a LRV compliant color; and a LRV averaging color. The
applicant also submitted an exhibit (Attachment 6) showing details on how their proposed
LRV averaging color scheme was applied for the house on Lot 2. Finally, an exhibit
(Attachment 7) was provided showing the existing lots and the exterior color method
proposed. Please see Attachment 1 for additional information regarding the proposed PD
modification.
B. Planning Commission
On August 27, 2014, the Planning Commission considered the subject application
(Attachment 2 contains the verbatim minutes of the August meeting).
After discussing the proposed project, the Commission forwarded a recommendation of denial
of the PD modification application on a 5 -1 vote (Erekson opposed and Talesfore absent).
The Commission believed that the Town's regulatory framework gave them no choice but to
deny the request; however, they recognized that the Town Council has the authority to
consider the issue more broadly. In that context, the Commission offered the following
rationale and suggestions to the Town Council:
• Consider the option of averaging the color schemes specific to this PD based on the
architectural merit of the design of the homes, topography, location, uniqueness of the site,
and given how remote it is from Town viewing platforms; and
• Provide further guidance to the Planning Commission for future applications and/or the
consideration of LRV for home colors.
If the Council determines that the averaging option is appropriate, performance standard 15
of Ordinance 2147 would need to be modified. Staff offers the following modified
performance standard 15 for Council discussion (additions underlined):
COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building permit,
a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's
Office that states that all exterior paint colors for lots 3. 4, 7, 9, 10 11 12 and 18 shall not
exceed a light reflectivity value of 30, shall blend with the natural color of the vegetation that
surrounds the site, and shall be maintained in conformance with the Town's Hillside
Development Standards as may be amended by the Town. Prior to the issuance of a building
permit, a deed restriction shall be recorded b the he applicant with the Santa Clara Count
Recorder's Office that states that exterior paint colors for lots 1 2 S 6 8 13 14 15 16 17
and 19 may use the color averaging approach detailed in Attachment 5 of the October 7
2014 Town Council report to comply with the light reflectivity value of 30 or less shall blend
with the natural color of the vegetation that surrounds the site and shall be maintained in
conformance with the Town's Hillside Development Standards as may be amended by the
Town.
This revised language is included in Attachment 4 should the Town Council believe this
option is appropriate.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: HIGHLANDS/PD -14 -003
September 25, 2014
ENVIRONMENTAL ASSESSMENT:
An Environmental Impact Report was prepared for the Planned Development and was certified
by the Town Council on December 19, 2005. No further environmental analysis is required for
the proposed Planned Development modification.
FISCAL IMPACT:
None.
CONCLUSION:
The Planning Commission recommended denial of the proposed project with direction as
summarized above in Section B.
It is recommended that the Town Council accept the Planning Commission's recommendation
and deny the Planned Development modification application. If the Town Council determines
that the application should be approved or that the Planning Commission suggestion to consider
the averaging option is appropriate, the actions needed are outlined on page one and two of this
staff report. If the averaging option is determined to be appropriate then performance standard
15 would need to be revised as provided by staff' or as determined by Town Council. If
approved, the Commission and staff would appreciate any guidance on this issue for future
applications. Other alternatives for Town Council consideration and possible action are also on
page two.
Attachments received with this Report:
1. Report to the Planning Commission for the meeting of August 27, 2014 with Exhibits 1 -5
2. Verbatim minutes from the August 27, 2014 Planning Commission hearing (43 transcribed
pages)
3. Required findings (one page)
4. Revised Planned Development Ordinance (includes Exhibit A, but not Exhibit B, which are
the Official Development Plans) (29 pages)
5. Front Elevation Color Schemes (14 sheets), received August 20, 2014
6. LRV Averaging Example (three sheets), received August 20, 2014
7. Existing lots with the exterior color method proposed (one page)
Distribution
cc: Steve Abbs, Davidon Homes, 1600 S. Main Street, Suite 150, Walnut Creek, CA 94596
LRP:JSP:cg