Loading...
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 PAGE 2 OF 6 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 16, 2017 S:\COUNCIL REPORTS\2017\03-21-17\15215 Shannon Road\Staff Report FINAL.docx 3/16/2017 3:00 PM 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 PAGE 3 OF 6 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 16, 2017 S:\COUNCIL REPORTS\2017\03-21-17\15215 Shannon Road\Staff Report FINAL.docx 3/16/2017 3:00 PM 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 PAGE 4 OF 6 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 16, 2017 S:\COUNCIL REPORTS\2017\03-21-17\15215 Shannon Road\Staff Report FINAL.docx 3/16/2017 3:00 PM 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 PAGE 5 OF 6 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 16, 2017 S:\COUNCIL REPORTS\2017\03-21-17\15215 Shannon Road\Staff Report FINAL.docx 3/16/2017 3:00 PM 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) PAGE 6 OF 6 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 16, 2017 S:\COUNCIL REPORTS\2017\03-21-17\15215 Shannon Road\Staff Report FINAL.docx 3/16/2017 3:00 PM Distribution: Fred Sahadi, 800 Pollard Rd, C36, Los Gatos, CA 95032 HMH Engineers, 1570 Oakland Road, San Jose, CA 95131