Desk Item
PREPARED BY: JENNIFER ARMER
Senior Planner
Reviewed by: Town Manager, Assistant 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: 05/01/2018
ITEM NO: 14
DESK ITEM
DATE: MAY 1, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: GENERAL PLAN AMENDMENT GP-12-001, WILLIAMSON ACT CONTRACT
WA-11 CANCELLATION, PLANNED DEVELOPMENT APPLICATION PD-10-
006, AND ENVIRONMENTAL IMPACT REPORT EIR-12-001. PROJECT
LOCATION: TWIN OAKS DRIVE. APPLICANT/ PROPERTY OWNER: TOM
DODGE, SURREY FARM ESTATES, LLC.
A. CONSIDER CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT
AND ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM.
B. CONSIDER CERTIFICATION OF WILLIAMSON ACT CANCELLATION FEE.
C. CONSIDER A REQUEST FOR A GENERAL PLAN AMENDMENT FROM
AGRICULTURE TO HILLSIDE RESIDENTIAL, CANCELLATION OF THE
EXISTING WILLIAMSON ACT CONTRACT, AND A PLANNED
DEVELOPMENT TO REZONE PROPERTY FROM RC TO HR-1:PD TO
ALLOW FOR SUBDIVISION OF ONE LOT INTO 10 LOTS, CONSTRUCTION
OF 10 NEW SINGLE-FAMILY RESIDENCES, AND REMOVAL OF LARGE
PROTECTED TREES. APN 532-16-006.
REMARKS:
In response to questions from Council Members, staff has prepared the following information.
Do any of the arguments raised in the letters from the two lawyers (Attachments 16 and 17)
cause staff to believe the EIR does not comply with the law?
The letters received from Donald Mooney, Esq., dated February 28 and April 27, 2018 (included
in Attachment 17) do not raise significant environmental issues that were not already
adequately addressed in the EIR, nor provide substantial evidence that there are significant
environmental impacts that have not been addressed and mitigated in the EIR.
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SUBJECT: TWIN OAKS DRIVE/PD-10-006/GP-12-001/WA-11/EIR-12-001
MAY 1, 2018
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Would current or proposed State "by right" legislation allow the homes to be developed by
right if they are developed individually or as a group?
The Housing Accountability Act (HAA) applies to residential units. Therefore, it would not apply
to development of a single-family residence, but it would apply to the houses as a group, if the
subdivision and PD are approved. The HAA would require the Town to apply only the "objective
general plan and zoning standards.”
Are any of the currently proposed building sites outside the LRDA? If so, which?
The proposed plans show in gray the areas where the land slopes at greater than 30 percent,
which is the primary factor in determining the Least Restrictive Development Area (LRDA). As
shown in sheets A-1 and A-1A (Attachment 15, Exhibit B), the conceptual locations for future
residences are all shown within the LRDA. No house or driveway plans are currently proposed.
The exact locations of each of the residences and driveways would be reviewed in the future as
part of the required Architecture and Site Applications.
Do any of the currently proposed building sites exceed our cut and fill depths? If so, which?
No house or driveway plans are currently proposed. The exact locations of each of the
residences and driveways, and the cut and fill requested, would be reviewed in the future as
part of the required Architecture and Site Applications.
Do any of the currently proposed building sites require a setback exception? If so, which?
No house or driveway plans are currently proposed, but all conceptual house locations are
shown to meet the required setbacks. The exact locations of each of the residences and
driveways would be reviewed in the future as part of the required Architecture and Site
Applications.
Are any exceptions being requested for trees? If so, what exceptions?
No, the current proposal includes a request for removal of large protected trees as described in
the arborist reports (Attachment 1, Exhibit 13). Standard tree replacement would be required
as a part of the tree removal permit process.
Do any of the home sites provide visibility into the two sites at the end of Longmeadow? If
so, which? And what, if anything, can be done to protect the Longmeadow sites' privacy?
The proposed Lot 3 is immediately adjacent to the two properties at the end of Longmeadow
Drive. No house plans are currently proposed. The exact location of the future house on Lot 3,
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SUBJECT: TWIN OAKS DRIVE/PD-10-006/GP-12-001/WA-11/EIR-12-001
MAY 1, 2018
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including consideration of potential privacy impacts, would be reviewed in the future as part of
the required Architecture and Site Applications.
Attachment 18 contains additional public comments received after distribution of the May 1,
2018 Addendum Report.
Attachments:
Previously received under separate cover:
August 2015 Draft Environmental Impact Report
May 2017 Partial Recirculated Draft Environmental Impact Report
August 2017 Final Environmental Impact Report and Mitigation Monitoring and Reporting
Program
Attachments previously received with the May 1, 2018 Staff Report:
1. February 28, 2018 Planning Commission Staff Report (with Exhibits 4 -15, Exhibits 1-3 were
previously distributed under separate cover)
2. February 28, 2018 Planning Commission Addendum Report (with Exhibits 16-17)
3. February 28, 2018 Planning Commission Desk Item Report (with Exhibits 18)
4. February 28, 2018 Planning Commission Verbatim Minutes (142 pages)
5. Letter from Applicant, received April 3, 2018 (32 pages)
6. Notice of Receipt of Petition for Cancellation of Williamson Act, dated December 5, 2017
7. Williamson Act Cancellation Fee Letter from the County Assessor, dated March 1, 2018
8. Updated Traffic Study, by Hexagon Transportation Consultants, Inc., dated March 22, 2018 ,
revised to correct typos April 16, 2018
9. Peer Review of Update Traffic Study, by TJKM, dated April 6, 2018
10. Project Information Sheet, prepared by the Parks and Public Works Department
11. Public Comments received by 11:00 a.m., Thursday, April 26, 2018
12. Required Findings (two pages)
13. Draft Resolution for Certification of Cancellation fee and Approval of Tentative Cancellation
of the Williamson Act Contract (five pages)
14. Draft Resolution for General Plan Amendment (three pages), with Exhibit A (one page)
15. Draft Ordinance (45 pages) with Exhibit A Rezone Area (one page) and Exhibit B
Development Plans (42 pages)
Attachments previously received with the May 1, 2018 Addendum Report:
16. Response Letter from Applicant, received April 30, 2018
17. Public Comments received 11:01 a.m., Thursday, April 26, 2018 to 11:00 a.m., Monday, April
30, 2018
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SUBJECT: TWIN OAKS DRIVE/PD-10-006/GP-12-001/WA-11/EIR-12-001
MAY 1, 2018
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Attachments received with this Desk Item Report:
18. Public Comments received 11:01 a.m., Monday, April 30, 2018 to 11:00 a.m., Tuesday, May
1, 2018