Staff Report
PREPARED BY: JENNIFER ARMER
Associate Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and
Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/21/2017
ITEM NO: 12
DATE: MARCH 16, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-15-001, MITIGATED NEGATIVE
DECLARATION ND-15-001. PROJECT LOCATION: 15215 SHANNON ROAD.
PROPERTY OWNER/APPLICANT: FRED SAHADI.
A. CONSIDER ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM.
B. CONSIDER A REQUEST FOR A PLANNED DEVELOPMENT TO REZONE A
PROPERTY PRE-ZONED HR-5 TO HR-2½:PD, TO ALLOW FOR
SUBDIVISION OF ONE LOT INTO FIVE LOTS, CONSTRUCTION OF FOUR
NEW SINGLE-FAMILY HOMES, AND REMOVAL OF LARGE PROTECTED
TREES. APN 537-25-002.
RECOMMENDATION:
It is recommended that the Town Council accept the Planning Commission’s recommendation
and deny the Planned Development application.
BACKGROUND:
The subject 13-acre property is located in unincorporated Santa Clara County, but is within the
Town’s Urban Service Area boundary and adjacent to incorporated Town lands on three sides
(Attachment 1, Exhibit 2). The site is north of Shannon Road, southeast of Shady Lan e, and
west of Sky Lane. Site access is currently taken from Shannon Road on a paved private
driveway. The driveway is located in an easement over the private property to the south.
Existing site improvements include two residences (the main home and a detached cottage), a
detached accessory structure adjacent to the single-family home, 11 unconditioned structures
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SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001
MARCH 16, 2017
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BACKGROUND (Continued):
(sheds, barn, stables, and a breaking ring), a swimming pool, a tennis court, and an arena. A
site plan showing the existing structures is included as Sheet 2.0 of Development Plans within
Attachment 1, Exhibit 10. All buildings are single-story. The site also includes a paved parking
area, paved paths and driveway, and various unpaved service roads and landscaped areas. The
site also includes 169 protected trees.
The applicant presented a development proposal for the subject site to the Conceptual
Development Advisory Committee (CDAC) on December 10, 2014. Summary minutes of the
CDAC meeting are attached (Attachment 1, Exhibit 4). As requested by the CDAC, staff
confirmed that a Planned Development (PD) zone is required for subdivisions within the Hillside
Residential (HR) zone with five or more building sites.
An Initial Study/Mitigated Negative Declaration (IS/MND) (Attachment 1, Exhibit 1, previously
distributed under separate cover on August 19, 2016) and Mitigation Monitoring and Reporting
Program (Attachment 1, Exhibit 8) have been prepared for the project.
The application was considered by the Planning Commission on December 14, 2016. The
Commission forwarded a recommendation for denial to the Town Council as discussed in more
detail in this report. The Council is the final deciding body for the Planned Development
application.
If the Planned Development is approved, future required applications would include
Annexation, Subdivision (including installation of roadway improvements and recordation of
easements), and Architecture and Site applications for each new building site. All of these
subsequent applications would need to be approved and other Town requirements satisfied
prior to construction.
DISCUSSION:
A. Project Summary
The applicant is proposing a PD to rezone the subject site from Pre-zone HR-5 to HR-2
1/2:PD to allow the subdivision of one lot into five lots, installation of a new private
roadway, construction of four new single-family homes, and removal of 16 protected trees
(five of which are large protected trees).
The proposed PD would allow the 13-acre site to be subdivided into five 2.59-acre lots. An
easement would provide for the construction of a private street to access the new lots from
Shady Lane/Santella Drive. Construction of the private street would include cut and fill up
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SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001
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DISCUSSION (Continued):
to six feet in depth. Individual building plans and site improvements would be submitted as
part of future Architecture and Site applications.
B. Planning Commission
On December 14, 2016, the Planning Commission considered the subject application and
received public comment (Attachment 3 includes the verbatim minutes). Staff
recommended approval of the project to the Planning Commission for the reasons included
in Attachment 1. The Commission unanimously recommended denial of the PD based on
the following concerns:
The proposed rezoning, as presented, does not meet the purpose of the PD overlay
ordinance 29.80.080: “The purpose of the PD or planned development overlay zone is to
provide for alternative uses and developments more consistent with site characteristics
than are allowed in other zones, and so create an optimum quantity and use of open
space and encourage good design. The PD zone permits establishment of a single use or
the integration of several uses not ordinarily possible only if use and development is in
compliance with a complete development plan showing relationships of the use or uses
to each other, to the district as a whole, and to surrounding areas.”
In addition, the Commissioners expressed concerns regarding:
The appropriateness of an HR-2 ½ zoning designation in this location that is currently
Pre-zoned HR-5, given that some of adjacent properties are in the Resource
Conservation (RC) zone.
Site access – do easements provide sufficient access rights and are there significant
impacts from traffic?
Too many exceptions from, and conflicts with, the Hillside Development Standards and
Guidelines (including visibility, grading, and open space).
The large number of potential impacts delineated in IS/MND.
C. Applicant’s Response
Based on the public testimony and comments from the Planning Commissioners received at
the Planning Commission hearing, the applicant has provided additional information for
Town Council consideration (Attachment 4). The applicant’s response includes information
on the following topics:
Proposed zoning designation
Planned Development zone requirement
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SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001
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DISCUSSION (Continued):
Consistency with purpose of a Planned Development
Location of the private roadway outside the Least Restrictive Development Area (LRDA)
Suitability of Shannon Road driveway as site access
Proposed private road design
Public benefit
Community benefits
Existing easement rights
Site and construction access
Visibility analysis
Environmental mitigation measures
Site drainage
Visibility from the Smits property
Project design and proposed exceptions
CONCLUSION:
The Planning Commission recommended denial of the proposed rezoning, finding that it does
not meet the purpose of the planned development overlay zone , and expressing additional
concerns as described in Section B, above.
It is recommended that the Town Council accept the Planning Commission’s recommendation
and deny the application.
ALTERNATIVES:
Alternatively, the Council may:
1. Approve the application and by taking the following actions in one or more motions:
a) Find that no significant impacts are associated with the application and adopt the
Mitigated Negative Declaration (Attachment 1, Exhibit 1) and the Mitigation Monitoring
and Reporting Program (Attachment 1, Exhibit 8);
b) Make the required finding that the zone change is internally consistent with the General
Plan and its elements (Attachment 6);
c) Approve the application (PD-15-001) subject to the performance standards and
development plans included in the Ordinance (Attachment 7), or as otherwise modified
by the Town Council;
d) Waive the reading of the Ordinance and ask the Clerk Administrator to read the title of
the proposed Ordinance;
e) Introduce the Ordinance effecting the zone change; or
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SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001
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ALTERNATIVES (Continued):
2. Approve the proposed application with modifications and/or additional performance
standards; or
3. Continue the application to a date certain with specific direction; or
4. Remand the project to the Planning Commission with specific direction.
COORDINATION:
The Community Development Department coordinated with the Parks and Public Works
Department, and the Santa Clara County Fire Department in the review of the project.
ENVIRONMENTAL ASSESSMENT:
An Initial Study and Mitigated Negative Declaration (IS/MND) have been prepared for the
project by the Town’s Environmental Consultant, Kimley-Horn and Associates (available online
at www.losgatosca.gov/15215Shannon). The 20-day public review period began on August 19,
2016 and ended on September 8, 2016. Mitigation measures are required for Air Quality,
Biological Resources, Cultural Resources, Geology and Soils, Hazardous Materials, Noise, and
Traffic. The Mitigation Monitoring and Reporting Program is provi ded along with the response
to comments within Attachment 1, Exhibits 7 and 8.
Mitigation measures have been incorporated into the performance standards within the PD
Ordinance (Attachment 7).
Previously received under separate cover:
Initial Study and Mitigated Negative Declaration, received August 19, 2016
Attachments:
1. December 14, 2016 Planning Commission Staff Report (with Exhibits 2-10, Exhibit 1 was
previously distributed under separate cover on August 19, 2016)
2. December 14, 2016 Planning Commission Desk Item Report (with Exhibit 11-12)
3. December 14, 2016 Planning Commission Verbatim Minutes (94 pages)
4. Letter from the Applicant, received February 21, 2017 (16 pages)
5. Public Comments received 11:01 a.m. Wednesday, December 14, 2016 to 11:00 a.m.
Thursday, March 16, 2017
6. Required Findings
7. Draft Planned Development Ordinance (31 pages) with Exhibit A Rezone Area (one page)
and Exhibit B Development Plans (22 pages)
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SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001
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Distribution:
Fred Sahadi, 800 Pollard Rd, C36, Los Gatos, CA 95032
HMH Engineers, 1570 Oakland Road, San Jose, CA 95131