Loading...
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