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).
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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
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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
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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:
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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
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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.
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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
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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)
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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