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Staff Report PREPARED BY: SEAN MULLIN, AICP 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: 04/02/2019 ITEM NO: 4 DATE: MARCH 27, 2019 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-16-002 AND ENVIRONMENTAL IMPACT REPORT EIR-17-001. PROJECT LOCATION: 16100 GREENRIDGE TERRACE. PROPERTY OWNER: EMERALD LAKE INVESTMENTS LLC. APPLICANT: KOHLSAAT AND ASSOCIATES, INC. REQUESTING APPROVAL TO REZONE A PROPERTY ZONED HR-2½ TO HR-2½:PD, TO SUBDIVIDE ONE LOT INTO EIGHT LOTS, AND TO REMOVE LARGE PROTECTED TREES ON PROPERTY ZONED HR-2½. APN 527-12-002. RECOMMENDATION: It is recommended that the Town Council accept the Planning Commission’s recommendation to certify the Final Environmental Impact Report (EIR), adopt the Mitigation and Monitoring Program (MMRP), and approve the Planned Development application, subject to the recommended performance standards. BACKGROUND: The subject 36-acre property is currently vacant with an existing graded road and a San Jose Water Company storage tank located on the southern portion of the property. The subject site takes access from Santella Drive and Greenridge Terrace (Attachment 5, Exhibit 3). The property includes thousands of existing trees. A previous applicant presented a development proposal for the subject site to the Conceptual Development Advisory Committee (CDAC) on December 9, 2015. Summary minutes of the CDAC meetings are attached (Attachment 5, Exhibits 6 and 7). PAGE 2 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx BACKGROUND (continued): A Draft EIR was prepared and circulated for a 45-day public review period from September 14, 2018 through October 29, 2018 (Attachment 1). The Final EIR (Attachment 2), which includes the Response to Comments, was previously provided to the Town Council on February 13, 2019. The application was considered by the Planning Commission on March 13, 2019. The Commission forwarded a recommendation for approval 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 approvals include a Subdivision application (including removal of large protected trees, site improvements for a private road, and recordation of easements) and Architecture and Site applications for each new single - family home. The subsequent applications would need to be approved and other Town requirements satisfied prior to construction. DISCUSSION: A. Project Summary The applicant is proposing a Planned Development (PD) to rezone the subject site from HR-2½ to HR-2½:PD, to allow the future subdivision into eight lots, removal of large protected trees, site improvements for a private road, and construction of eight new single- family homes (Attachment 11). The proposed PD would allow the site to be subdivided into eight lots for single-family residential uses. The project also includes installation of a trail and dedication of a trail easement, as required by the Hillside Specific Plan. The proposed trail would connect to an existing trail located within the Highlands of Los Gatos on Santella Drive, with the prop osed extension terminating at Francis Oaks Way, and the eastern property line of Lot 1 (Attachment 13, Exhibit 14, Exhibit B, Sheet 4). The subject site is approximately 36 acres and the proposed single-family lots would range in size from 3.36 to 7.77 acres, with a total of 4.5 acres preserved through an open space easement. To minimize new disturbances to the site, the existing graded road is proposed to be used to provide circulation for the project . Additionally, the existing retaining walls adjacent to the road are proposed to remain and/or be replaced in-kind where replacement is necessary. The existing road extension from Santella Drive would be used to provide access to lots 2 through 6. Lots 7 and 8 are proposed to be accessed by a 20-foot wide PAGE 3 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx DISCUSSION (continued): shared driveway that would follow the existing graded road, while lot 1 would be accessed from Greenridge Terrace. The proposed home and driveway locations provided in the development plans are conceptual, and individual building and site plans would be submitted and evaluated as part of future Architecture and Site applications for each lot. The conceptual proposed development plans for the PD application are included in Exhibit B of Attachment 13. B. Planning Commission On March 13, 2019, the Planning Commission considered the subject application and received public comment (Attachments 5 through 10). Staff recommended approval of the project to the Planning Commission for the reasons included in Attachment 5. Written and verbal comment included a request for clarification of driveway length measurements . During their presentation to the Planning Commission, the applicant presented an exhibit clarifying the driveway and cul-de-sac lengths. An updated exhibit is included as Attachment 12 for the Town Council’s review. These lengths are summarized in the table below. Driveway and Cul-de-sac Lengths Length Allowed Length Lot 1 668 feet* 300 feet Lot 2 751 feet* 300 feet Lot 3 85 feet 300 feet Lot 4 55 feet 300 feet Lot 5 33 feet 300 feet Lot 6 140 feet 300 feet Lot 7 256 feet 300 feet Lot 8 394 feet* 300 feet Shared Driveway to Lots 7 & 8 705 feet* 300 feet Cul-de-sac 1,152 feet^ 800 feet * – requires exception to HDS&G ^ – requires exception to Section 29.10.06714 of the Town Code The Commission considered the requested exceptions and voted five-to-two in favor of recommending approval of the PD with an added performance standard that all existing trees used in the visibility analyses for the conceptual residences shall remain. Approval of this PD application would not allow for any construction or tree removal. Tree removal would be considered under future Subdivision and Architecture and Site PAGE 4 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx DISCUSSION (continued): applications. The visibility analyses included in Exhibit B of Attachment 13 are based on conceptual site plans and structures for the purpose of identifying lots that are visible from the Town’s viewing areas. Additional visibility analyses will be required under future Architecture and Site applications, at which time screening trees will be identified and evaluated. Performance standards have been added to the Ordinance as items 19, 20, and 21 that address the direction provided by the Plannin g Commission and detail the sequencing of allowed tree removal under this and future applications (see Attachment 13). This sequencing is summarized in the table below. Sequencing of Tree Removal Permitted with Applications Application Allowed Tree Removal Planned Development* Does not permit tree removal. Subdivision Limits tree removal to what is required for site improvements related to installation of the roadway and shared driveway; installation of utilities; and construction of retaining walls for the roadway and shared driveway. Architecture and Site Tree removal required for construction of each single-family home and improvements. * - current application C. Planned Development The PD application is proposing to rezone the property from HR-2½ to HR-2½:PD. The HR-2½ zoning would be consistent with adjacent properties, which are zoned HR -1, HR-2 ½:PD, and RC. Approval of the PD application would establish the regulations through an ordinance (which would include the development plans) un der which the following actions would be allowed: • Subdivision of one lot into eight lots through a future Subdivision application; • Removal of large protected trees and construction of associated site improvements through subsequent applications as discussed above; and • Construction of eight new single-family residential homes through future Architecture and Site applications. The future Subdivision application would comply with all provisions of the HR-2½ zone and Hillside Development Standards and Guidelines (HDS&G), except for the items listed below, which are proposed to be allowed through the PD ordinance: PAGE 5 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx DISCUSSION (continued): • A shared driveway length of approximately 705 feet for lots 7 and 8, where 300 feet is allowed by the HDS&G. It should be noted, that the proposed shared driveway would follow an existing graded road. Pursuant to the guidelines of the HDS&G, the deciding body may approve a driveway in excess of 300 feet if it makes specific findings for the deviation and places additional conditions such as turnouts and secondary accesses to reduce hazards. The applicant has proposed a turnaround area that meets Santa Clara County Fire Department requirements (see Attachment 3 for Required Findings). • A cul-de-sac length of approximately 1,152 feet where 800 feet is allowed by the Town Code. Pursuant to Section 29.10.06714, the length of a cul-de-sac may be increased by action of the advisory agency upon finding that emergency access, utility service, and circulation are satisfactory. The advisory agency is the Santa Clara County Fire Department who have found that the cul-de-sac meets their requirements as proposed. In considering the Least Restrictive Development Area (LRDA) for each lot, the applicant has provided conceptual single-family home and driveway locations. Based on the conceptual designs, the following exceptions to the HDS&G would need to be requested for future Architecture and Site applications: • Lot 1 – Depths of fill, up to four feet for a portion of the proposed driveway in order to be in compliance with the turnaround requirements of the Santa Clara County Fire Department, where three feet is allowed by the standards of the HDS&G. In addition, the driveway is proposed at approximately 668 feet in length, where 300 feet is allowed by the HDS&G. Pursuant to the guidelines of the HDS&G, the deciding body may approve a driveway in excess of 300 feet if it makes specific findings for the deviation and places additional conditions such as turnouts and secondary accesses to reduce hazards. The applicant has proposed a turnaround area that meets Santa Clara County Fire Department requirements. • Lot 2 – Depths of fill, up to four and one-half feet for a portion of the proposed driveway in order to be in compliance with the turnaround requirements of the Santa Clara County Fire Department, where three feet is allowed by the standards of the HDS&G. In addition, the driveway is proposed at approximately 721 feet in length, where 300 feet is allowed by the HDS&G. Pursuant to the guidelines of the HDS&G, the deciding body may approve a driveway in excess of 300 feet if it makes specific findings for the deviation and places additional conditions such as turnouts and secondary accesses to reduce hazards. The applicant has proposed a turnaround area that meets Santa Clara County Fire Department requirements. • Lot 5 – Depths of cut, up to six feet to allow for the terraced walls necessary to create an entry to the conceptual single-family home, where four feet is allowed by the standards of the HDS&G. • Lot 6 – Depths of fill, up to four feet for a portion of the proposed driveway due to the PAGE 6 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx DISCUSSION (continued): sloping terrain, where three feet is allowed by the standards of the HDS&G. In addition, the proposed location for the driveway would be located outside of the LRDA as there is no point at which the LRDA for a potential home location adjoins the private roadway. • Lot 7 – Depths of cut, up to six feet to allow for a portion of the proposed driveway to be in compliance with the turnaround requirements of the Santa Clara County Fire Department, where four feet is allowed by the standards of the HDS&G. • Lot 8 – The driveway is proposed at approximately 394 feet in length, where 300 feet is allowed by the HDS&G. Pursuant to the guidelines of the HDS&G, the deciding body may approve a driveway in excess of 300 feet if it makes specific findings for the deviation and places additional conditions such as turnouts and secondary accesses to reduce hazards. The applicant has proposed a turnaround area that meets Santa Clara County Fire Department requirements. The applicant discusses the requested exceptions listed above in their letter of justification (Attachment 11). The PD application is proposing to rezone the property which would provide specific guidance for the future subdivision and single-family residential development. The PD Ordinance would define the maximum allowable development, including the maximum floor area and building height. Subdivision and Architecture and Site applications would be required to implement the proposed project if the PD is approved. D. Consistency with the General Plan Policies The property is surrounded by single-family residential uses at varying low densities. The General Plan designation is Hillside Residential, which provides for very low density, rural, large lot or cluster, and single-family residential development. This designation allows for development that is compatible with the unique mountainous terrain and vegetation of parts of Los Gatos. The General Plan designations of the surrounding properties are Hillside Residential to the south, west, and north; and Agriculture to the east. Applicable General Plan Policies are identified in the reports to the CDAC (Attachment 5, Exhibits 6 and 7). E. Environmental Review An EIR was prepared for the project. As part of the environmental review process , technical reports included: species lists and database reviews; tree evaluations and arborist reports; geotechnical investigations; noise analyses; and traffic analyses. Reports that were prepared by outside consultants were peer reviewed by Town Consultants. PAGE 7 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx DISCUSSION (continued): The Notice of Preparation (NOP) was distributed on April 7, 2017, for a 30-day comment period. Comments received on the NOP are included as Appendix A to the Draft EIR (Attachment 1). The Notice of Completion and Availability for review of the Draft EIR was released on September 14, 2018, with the 45-day public review period ending on October 29, 2018. On October 24, 2018, the Planning Commission held a public hearing to accept comments on the Draft EIR. Verbal comments were received from six individuals, many of whom also submitted written comments. Written comments on the Draft EIR were received from one public agency and 10 individuals. The Final EIR, with Response to Comments, was completed in February 2019 (Attachment 2). A Mitigation Monitoring and Reporting Program (MMRP) has been prepared as required by CEQA (Attachment 2). The MMRP includes a list of all mitigation measures and the Town Department(s) responsible for ensuring that the mitigation measures are properly implemented. All mitigation measures are also included as performance standards within the draft PD Ordinance (Attachment 13). PUBLIC COMMENTS: Written notice was sent to property owners and tenants within 500 feet of the subject property. Neighborhood outreach completed by the applicant is included as Attachment 13, Exhibit 9, in addition to letters of support for the project included as Attachment 13, Exhibit 10. Public comments received by 11:00 a.m. on Thursday, March 28, 2019, are included as Attachment 14. CONCLUSION: A. Summary With the exception of the items listed above, the project complies with the General Plan, Town Code, and HDS&G. The applicant discusses the requested exceptions in relation to the General Plan, Town Code, HDS&G, and Hillside Specific Plan in Attachment 11. A draft PD Ordinance has been prepared with performance standards to require the project to adhere to the aforementioned requirements (Attachment 13). B. Recommendation The Planning Commission was able to make the required findings and recommended approval of the application. It is recommended that the Town Council accept the Planning PAGE 8 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx CONCLUSION (continued): Commission’s recommendation by taking the following actions to certify the Final EIR and approve the PD application: 1. Adopt a resolution to certify the Final EIR, make the CEQA Findings of Fact (Attachment 4, Exhibit A), and adopt the Mitigation Monitoring and Reporting Program (Attachment 4, Exhibit B); 2. Make the required finding that the zone change is internally consistent with the General Plan and its elements, and other required findings (Attachment 3); 3. Introduce an Ordinance by title only to affect the zone change and approve the application (PD-16-002) subject to the performance standards and development plans (Attachment 13), or as otherwise modified by the Town Council; C. Alternatives Alternatively, the Town Council may: 1. Approve the application with modifications and/or additional performance standards; or 2. Continue the application to a date certain with specific direction; or 3. Remand the application to the Planning Commission with specific direction; or 4. Deny the application. COORDINATION: The Community Development Department coordinated with the Town Attorney’s Office, Parks and Public Works Department, and the Santa Clara County Fire Department, Santa Clara County Assessor in the review of the project. Previously received under separate cover: 1. August 2018 Draft Environmental Impact Report 2. February 2019 Final Environmental Impact Report and Mitigation Monitoring and Reporting Program Attachments received with this Staff Report: 3. Required Findings (two pages) 4. Draft Resolution to certify the Final EIR, make the required CEQA Findings of Fact (included as Exhibit A), and adopt the Mitigation Monitoring and Reporting Program (included as Exhibit B) (49 pages) 5. March 13, 2019 Planning Commission Staff Report (with Exhibits 3-14) 6. March 8, 2019 Planning Commission Addendum Report (with Exhibit 15) 7. March 11, 2019 Planning Commission Addendum B Report (with Exhibits 16 -18) PAGE 9 OF 9 SUBJECT: 16100 GREENRIDGE TERRACE/PD-16-002 AND EIR-17-001 MARCH 27, 2019 S:\COUNCIL REPORTS\2019\04-02-19\Greenridge Terrace\Staff Report Greenridge FINAL.docx 8. March 12, 2019 Planning Commission Addendum C Report (with Exhibit 19) 9. March 13, 2019 Planning Commission Desk Item Report (with Exhibits 20-21) 10. March 13, 2019 Planning Commission Verbatim Minutes (85 pages) 11. Letter from the Applicant, received March 25, 2019 (15 pages) 12. Driveway and cul-de-sac length exhibit (one page) 13. Planned Development Ordinance (30 pages) with Exhibit A Rezone Area (one page) and Exhibit B Development Plans, received February 15, 2019 (47 sheets) 14. Public Comments received 11:01 a.m. Wednesday, March 13, 2019 to 11:00 a.m. Thursday, March 28, 2019 Distribution: Emerald Lake Investments LLC, 2635 Bronzewood Drive, Tustin, CA 92782 Gary Kohlsaat, 51 University Ave, Suite L, Los Gatos, CA 95030