Attachment 1TOWN OF LOS GATOS ITEM NO: 4
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 27, 2014
PREPARED BY: Joel Paulson, Planning Manager
ipaulson6 losgatosca gov
APPLICATION NO.: PD -14 -003
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)
APPLICANT/PROPERTY
OWNERS: Davidon Homes
CONTACT PERSON: Steve Abbs
APPLICATION
SUMMARY: Requesting approval to modify the existing Planned Development
(Ordinance 2147) to modify the requirement for exterior colors on
property zoned HR- 2' /z:PD. An Environmental Impact Report
(EIR) was prepared for the Planned Development (Ordinance
2147) and was certified by the Town Council on December 19,
2005 and no further environmental analysis is required for this
application. APNs 527 -09 -010 through 024 and 030 through 033.
DEEMED COMPLETE: August 15, 2014
FINAL DATE TO TAKE ACTION: Rezoning applications are
legislative acts and are therefore not governed by the Permit
Streamlining Act.
RECOMMENDATION
PROJECT DATA:
Forward a recommendation to Town Council for denial of the
Planned Development modification application.
General Plan Designation:
Zoning Designation:
Low Density Residential
HR -2 %:PD
Applicable Plans & Standards: PD Ordinance 2147
Hillside Development Standards
& Guidelines
Hillside Specific Plan
ATTACHMENT 1
Planning Commission Staff Report - Page 2
Highlands of Los Gatos PD Modification/ PD -14 -003
August 27, 2014
CEQA: An Environmental Impact Report (EIR) 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.
FINDINGS: • The Planning Commission must make a finding that the
Planned Development Ordinance modification is consistent
with the General Plan if their recommendation is for approval.
• That the proposed Planned Development modification is
consistent with the Hillside Development Standards and
Guidelines.
ACTION: Provide a recommendation to Town Council regarding the
proposed Planned Development modification.
EXHIBITS: 1. Location map (one page)
2. Planned Development Ordinance 2147 (Includes Exhibit A, but
not Exhibit B, which are the Official Development Plans)
3. Required Findings (one page)
4. Consulting Architect report (17 pages), dated May 23, 2014
5. Letter of Justification from the applicant (three pages),
received May 19, 2014
6. Front Elevation Color Schemes (14 sheets), received August
20, 2014
7. LRV Averaging Example (three sheets), received August 20,
2014
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 and 12.
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 DRC because the home sizes were less than 5,000 square feet and compliant
with the Hillside Development Standards and Guidelines (HDS &G), the Hillside Specific Plan,
and PD Ordinance 2147.
Planning Commission Staff Report - Page 3
Highlands of Los Gatos PD Modification/ PD -14 -003
August 27, 2014
PD Ordinance 2147 and all A &S applications that have been approved require the homes to have
a Light Reflective Value (LRV) of 30 or less pursuant to the HDS &G (page 41).
PROJECT DESCRIPTION:
A. Project 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). Additionally, the applicant has provided exhibits (Exhibit 6) for each
of the lots that have been approved showing color schemes for: the originally submitted
color; a LRV compliant color; and a LRV averaging color. Finally, the applicant
submitted an exhibit (Exhibit 7) showing details on how their proposed LRV averaging
color scheme was applied for the house on Lot 2.
B. Planned Development Compliance
The property is governed by PD Ordinance 2147 rather than the Zoning Ordinance.
Ordinance 2147 contains performance standard 15 which reads:
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 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.
The PD Ordinance must be amended to allow for an alternative method of complying
with the LRV requirement for the Highlands of Los Gatos properties.
C. Hillside Development Standards and Guidelines
Colors for homes in the hillsides are governed by the requirements of the HDS &G. Page
41 Section I.2. of the HDS &G states:
Exterior colors shall not exceed a reflectivity value of 30 and shall blend with the natural
vegetation.
Planning Commission Staff Report - Page 4
Highlands of Los Gatos PD Modification/ PD -14 -003
August 27, 2014
ANALYSIS:
A. LRV Averaging
The applicant was aware of the Town's current LRV requirement as they went through
the A &S application process for the 14 lots that have been approved to date. However, as
they move forward with construction they are finding that the LRV requirement would
result in a lack of variety on individual homes and between different homes in the
subdivision. Additionally, they believe that compliance with the LRV results in colors
that do not honor the historic character of some of the styles of architecture.
In Exhibit 5, the applicant provides additional information and justification for their
request. Generally, the applicant is requesting to be allowed to use three different
methods to comply with the LRV requirement as summarized below:
1. Lots 3, 4, 7, 9, 10, 11, 12, and 18 would comply with the LRV requirement;
2. Lots 13, 15, and 17 would use LRV averaging to comply with the LRV requirement;
and
3. Lots 1, 2, 5, 6, 8, 14, 16, and 19 would not comply with the proposed LRV averaging
or the LRV requirement.
The applicant's request was reviewed by the Town's Consulting Architect. The results of
that review are included in Exhibit 4. While the Consulting Architect found that the
applicant's proposal may have merit or be acceptable the decision on whether one or
more of their alternative methods are appropriate is at the discretion of the Planning
Commission and Town Council. Pursuant to Resolution 2014 -040, the role of the
Consulting Architect is advisory.
CEOA Determination
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.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
While staff understands the applicant's justification and appreciates the applicant's
creative proposal for dealing with this issue, staff cannot support the applicant's request
because it would involve a deviation from the Town's HDS &G's relating to this matter.
Planning Commission Staff Report - Page 5
Highlands of Los Gatos PD Modification/ PD -14 -003
August 27, 2014
Therefore, staff recommends that the Planning Commission forward a recommendation
of denial of the PD Ordinance modification to the Town Council, as outlined in the
recommendation section below.
However, if the Planning Commission finds merit with one or more of their proposed
alternative methods then staff would revise performance standard 15 of Ordinance 2147
to reflect the Planning Commission's determination for Town Council consideration.
B. Recommendation
If the Planning Commission agrees with the conclusion above, staff recommends that the
Planning Commission take the following actions:
1. Find that the proposed PD modification is not consistent with the HDS &G; and
2. Forward a recommendation of denial to the Town Council for the proposed PD
Ordinance modification.
If the Planning Commission finds merit with the proposed PD modification, the Planning
Commission may take the following actions:
1. Find that no further environmental analysis is required for the proposed PD
modification (Exhibit 3);
2. Find that the proposed PD modification is consistent with the General Plan
(Exhibit 3);
3. Find that the proposed PD modification is consistent with the HDS &G (Exhibit
3); and
4. Forward a recommendation of approval to the Town Council for the proposed PD
Ordinance modification.
Alternatively, the Commission may take the following action:
1. Continue the matter to a date certain with direction to staff and the applicant for
desired revisions or additional information.
red by: A proved by:
Paulson, AICP Laurel R. Prevetti
ping Manager Assistant Town Manager/
Director of Community Development
Planning Commission Staff Report - Page 6
Highlands of Los Gatos PD Modification/ PD -14 -003
August 27, 2014
LRP:JP:ct
cc: Steve Abbs, Davidon Homes, 1600 S. Main Street, Suite 150, Walnut Creek, CA 94596
N.\DEV\PC REPORTS\2014WighlamisPDModifica ti0n.doc