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2010081806 - Addendum.~pW N OF X11 ?% } --; ~~ ., ~, tos -~A~os DATE: ~I'O: FRO\~I: SL B,1EC-I_ DISCliSSION: COUNCIL AGE\rDA REPORT August 12, 2010 ~1.-~~'OR AND TO~~~~N COUNCIL MEETING D ATE: 08/16/10 ITEM NO. :~DDENDUI'I GREG CARSON. TO~~-'N MANAGER J CiG'I ~-C`I~~ l~1 `i CONSIDER AN APPEAL OF A PLANT 'LNG COMMISSIO\~ DECISION DENTING A REQUEST TO DEMOLISH ASINGLE-FAMILY RESIDENCE, TO SUBDIVIDE A .9 ~ ACRE PARCEL INTO THREE LOTS AND TO CONSTRUCT T«%O NE«' RESIDENCES ONr PROPERTY' ZONED R-1:8. NO SIGNIFICANT ENVIRONMENTAL. IMPACTS HAVE BEENT IDENTIFIED AS A RESULT OF TI-IIS PROJECT AND A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED. APN X27-42-008. ARCHITECTURE AND SITE APPLICATIONS 5-08-30. S-09-33. ANTD 5-09-34: SL"BDNISION APPLICATIOI I M-08-13; NEGATIVE DECLARATION ND-09-2. PROPERTY LOCATION: 1928 UNION AVENUE. PROPERTY 0~~~~NER: 217 O'CONNOR LLC. APPLICAI~IT/APPELLANT: TONY JEANS. Exhibits 17 tlu-ough 20 are letters from neighbors that \yere recci~•cd follo\\•ina distribution of tale staff report. y Attachments: 1-16. Previously reeeiyed (attached to staff report) 17. Letter from Geoff ~~Iitchell vyith attaclmlents (7 pages total). received August 10. 2010 18. Letter and exhibits fi-onI Thomas Mangano (=I pages total). rcceiv°ed August 10. 2010 19. Email Ii-om Tom \%Iangano; received August ] 0. 2010 20. Letter from Jolm Schwarz with attaclunent (8 pages total), received August 12, X010 D1St]'lbllt1011: cc: Jeff Grant. 39 Reservoir Road, Los Gatos. CA 9030 TonvJeans. T.H.I.S DesiQ1l. P.O. Box 118. Los Gatos. CA 9~0~1 ~~'1ZIZ:SD:ah ~ PREPARL-D BY: ~~~~'endie R. Rooney, Director of Conmlunity Development Reyie\yed by: ~' ~, Assistant Town 1\lanager \yn Atton)ey Clerk Finance ~ColIIlIIl1171ty DeyelOpnlellt Revised: 5 1~ ]0 -1:19 Plq \: UL==\' S~"Z_~\1E CouncilReporuFnd. to TC'.appeals~.L`nion1~92S-081610-Add.doc Refonnatred: ~r30'02 ~~~~~,~` Geoff Mitchell T0~1~id OF` LOS GA~OS 115 Panorama Way Q~'`'`'a• {'' G vl'JIS J ~ Los Gatos, CA 95032 Monday, August 09, 2010 Suzanne Davis Community Development Dept., Town of Los Gatos 110 East Main Los Gatos, CA 95032 Subject: 15928 Union Avenue Subdivision and Architectural Dear Town Council members, My name is Geoff Mitchell. My family resides at 115 Panorama Way, at the end of the street where the Union Avenue property being discussed is located. Numerous issues and concerns have been raised regarding this development, many of which have some degree of subjective perspective and interpretation, yet one critical argument cannot be ignored or refuted. This proposal goes directly against specific Town Codes, the General Plan and Planning Guidelines. The intensity of the homes and the deviation from the uniform use of the land violates the Land Use Goal and Town's General Plan. The attached January 2010 letter from our legal council highlights in detail exactly where the Town's General Plan, Land Use Goals and Policies, and Government Codes dictate that a 3-lot subdivision of this property would be a violation of those codes. Any decisions of this town council other than the denial of this appeal must be based on legally defensible findings that take these facts into full consideration, and do not go against these codes, the general plan and the planning guidelines. Respectfully, Geoff Mitchell Attachment 17 ~ LOGAN & POWELL LLP A~rrou,~~'s ~T L~~v Rcbert J. Logan, of Counsel 61 East .U.ain Street, Sui:e C Los Galos, Calitomia 95030 ^ Teie~hore (4081 395-1350 ^ Fax (408j 395-:354 E-mail: info@logaapowell.com Hand Delivered January 28, 2010 Honorable Mayor and Town Council Members Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Re: Reconsideration of 15928 Union Avenue Subdivision; M-08-13, ND-09-02 Dear Honorable Mayor and Town Council Members: This office represents residents of Panorama Way, Union Avenue and Cambrian View in their opposition to the above listed matter. These neighbors remain opposed to this project and any reconsideration of this Council's denial of this project on November 2, 2009. The November 2, 2009, decision was the right decision for the neighborhood and the Town of Los Gatos. With three (3) lots, this project is trying to put too much on too narrow of a parcel. No matter how the lots are sliced, it will still be too much on too narrow of a parcel. As outlined in more detail below, the project with three {3} lots is inconsistent with the Town's General Plan and the surrounding neighborhood and therefore, must be denied. Reconsideration of this project is unnecessary. Pursuant to Government Code § 66474, the Tov~rn Council "shall deny approval of a tentative map..." if it makes any of the findings outlined in that section. Given the facts of this project, the following findings must be made: "(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; (c) That the site is not physically suitable for the type of development; and (d) That the site is not physically suitable for the proposed density of development." "A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan.' (Government Cade § 66473.5) Due to the density and design of this three (3) lot subdivision, it is inconsistent with the Land Use Element and the Community Design Element of the Town's General Plan. In addition, the narrow parcel is not physically suited for the development of three (3} lots. ~+a~r,e+~. c^onrca~,r~aa,eu To-~n ;,o~.~cs r ., ; .zs. t c ~, Honorable Mayor and Town Council Members Re: Reconsideration of 15928 Union Avenue Subdivision; M-O8-13, ND-09-02 January 28, 2010 Page 2 INCONSISTENCY WITH LAND USE ELEMENT As you know, the Town prides itself on its small town heritage, natural setting and architectural diversity. In the Land Use Element of the Town's General Plan, the Town acknowledges that preserving these attributes is important to this community and new development should be well-designed to preserve and enhance these attributes. To that end, the Town has established goals, policies and implementing strategies which must be followed. The project as proposed is inconsistent with several Land Use Goals and Policies. Land Use Goal 3.1 (L.G.3.1) requires the Town "to maintain the existing character of residential neighborhoods by controlling development." (L.G.3.1) One of the policies adopted to reach this goal is L.P.3.5 which states "assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood." As determined by this Council on November 2, 2009, the immedia#e neighborhood is the Panorama WaylUnion Avenue neighborhood. The project will be accessed on Union Avenue and through Panorama Way. The immediate neighborhood is not Leewood Court because "it is physically separated from the project site by an eight (8) foot retaining wall and a fve (5} foot grade separation." Development consistent with Panorama Way/Union Avenue should follow the rectilinear orientation and involve only two (2) lots on that parcel as shown on Exhibit A. This development pattern is consistent with the development pattern that was approved on a similarly narrow parcel on Blossom Hill Road as shown on Exhibit B. The developer of that parcel also requested a three (3) lot subdivision but was constrained to two (2) lots for these same reasons. The development pattern of the proposed project with three (3) lots is inconsistent with the immediate neighborhood. Another goal outlined in the Town's General Plan is Land Use Goal 2.1 (L.G.2.1) which requires the Town "to limit the intensity of new development to a level consistent with surrounding development and with the Town at large." For all of the reasons previously expressed by the immediate neighbors of this project, approving three (3) lots on this parcel is not consistent with the intensity of development in the surrounding neighborhood. As stated above, the immediate neighborhood {Panorama Way and Union Avenue} is developed in a traditional rectilinear orientation. In order to squeeze three (3) lots onto this narrow parcel, the developer is forced to orient the lots at angles to meet the minimum requirements. This change in orientation is contrary to the development pattern of the neighborhood and should not be approved merely to allow a developer to maximize his investment. It is inconsistent with surrounding development. A51Uie11, GeowCOmTitchei Tavn Cowuil Itr Ot.26.10.sq Honorable Mayor and Town Council Members Re: Reconsideration of 15928 Union Avenue Subdivision; M-O8-13, ND-09-02 January 28, 2010 Page 3 Another policy in the Town' General Plan that is relevant to this project relates to infill development.' Although the Planning Commission inferred this was not an infill project because the land is developed with one residential unit, the policies and goals are applicable because that one residential unit is proposed to be demolished to make way for the creation and development of three (3} new lots within an area that is already largely developed. Therefore, the following policies should also be considered: 1) Land Use Policy 1.7 (L.P.1.7} provides "In-fill projects shall contribute to the further development of the surrounding neighborhood (e.g. improve circulation, contribute to or provide neighborhood unity, elimina#e a blighted area, not detract from the existing quality of I'tfe)." 2} Land Use Policy 1.8 (L.P.1.8) provides "In-fill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area." The strategies to implement these policies include: "L.1.1.3. In-fill project/Community Benefit: Applicants for in-fill projects shall demonstrate that the project has a strong community benefit." "L.1.1.4. !n-fill projecbCommunity Benefit: The deciding body shall make specific findings of community benefit before approving any in-fill project." As stated repeatedly by the neighbors, this project with three (3} lots is not designed in context with the surrounding neighborhood. Cramming three (3) lots onto this narrow parcel does not create any community benefit. INCONSISTENT WITH COMMUNITY DESIGN ELEMENT The Town's General Plan includes a Community Design Element which is intended to protect the unique characteristics that define the Town. To do so, the element includes a goal "to preserve and enhance the Town's character through exceptional community design." (CD.G.1.1) The policies to reach this goal include "avoid abrupt changes in scale and density" (CD.P.1.5) and "new structures, remodels, landscapes and hardscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area." (CD.P.1.7) Forcing three {3} lots onto this narrow parcel results in an abrupt change in scale and density ~ The General Plan defines Ir,fill Development as °Development of vacant land (usually individual lots or left-over properties) within areas that are already largely developed. Mi~ctie~. Ge~Y,iCorrR.titcrel 'm+.n Cc~~c~i it 01 28.5'u.sq Honorable Mayor and Town Council Members Re: Reconsideration of 15928 Union Avenue Subdivision; M-08-13, ND-09-02 January 28, 2010 Page 4 and breaks the established rhythm and pattern of the Panorama Way/Union Avenue neighborhood. Any three (3} lot subdivision is inconsistent with the Town's Community Design Element of its General Plan and therefore, must be denied. Any development proposal on this parcel that provides for the creation of three (3) lots will be inconsistent with the Town's General Plan. No further consideration of this project is necessary as long as the developer is proposing the creation of three (3) lots. The narrow parcel is not physically suitable for the creation of three (3) lots. The creation of three (3) lots is inconsistent with the surrounding neighborhood. These findings will not change. Therefore, this subdivision or any subdivision creating three (3) lots on this parcel cannot be approved. This project should be denied on February 1, 2010. Thank you for your consideration. Very truly yours, ~ ~ p Kirsten M. Powell KMP:sq enclosures cc: client Michael Martello, Interim Town Attorney Suzanne Davis, Project Planner MitUiell, G60ff/COrtlf.SlChea Ttr~'n COtmc! Itr OS.Z9.~O.sq I Exhibit A u Page ~ of 1 Exhibit B ~~ ~m 4 ~ A ~: r~ rq' . o% .+ i c e. ~; I< ~. rQ N ~ ~n ~ ~.~: ~ ~~l L~ } wt i _ _ n rr y DETAIL VIEW AND CALCULATION OF SQ FT ON THE UNION AVE AND BLOSSOM HILL LOTS USING THE 1998 TRACT DIAGRAM FROM THE SANTA CLARA COUNTY ASSESSOR'S OFFICE Exhibit Page 1 of____~ THIS PAGE 1.\"TE.\"T IO_\:-ALL ~' LEFT BL.-1 _\~Ii Augustl0, 2010 Honorable Mayor; Diane 1vlcNutt Vice iviayor; ]oe Pirzynski Council Members; Steve Rice, Barbara Spector, Milce ~Vassermatt 15928 Union Appeal -Deny appeal While adding a cul-de-sac technically (according to code) increases the frontage of 15928 Union Avenue, in reality it does nothing to increase the 105-foot width of the property. As I look from my home towards the hills, the poles and orange netting towering into the sky make it clear that this property is just not wide enough to support the massive constructs the developer is proposing. As the applicant himself inadvertently conceded (Council appeal hearing 11/2/2008 video 2:18:04), when lined up against the pattern of homes on Panorama Way and Union Avenue, "I don't think it is right in this context." Indeed, the General Plan and building guidelines go beyond the building codes the applicant is citing and beyond the property line. They also serve as the voice of reason and the protector of neighborhood character and harmony and, ultimately, the defender against the series of attempts the developer has made to thwart them during the 26 months of public hearings on this matter. As you contemplate the issues involved for your August 16`~ decision, and as you continue your important work on the new Los Gatos General Plan, I ask you to uphold and remember two significant quotes from current General Plan: • "Proposed development projects are held to a higher standard and what is approved in other communities may not be acceptable in Los Gatos." • "Support of new developments from surrounding residents and property owners will be a major consideration during any development review process." Thank you for taking the time to review my June 9`" letter to the Planning Commission in which I detailed objections to the proposed development. Attached to this letter is a picture of the story poles and images portraying the proposed unacceptable massing that Panorama Way and Union Avenue neighbors are counting on you to prevent by denying this appeal. Thomas Mangano 112 Panorama Way Los Gatos, CA 95032 I lILS !'. 1 GL• 1_I:1=7~ BI_. 1.A7i +~ ~.J 1 ~_ .C L.« ~' L .~ ,~ e_~ V L T V L i./'1 .~ ~! 77115 P. I Gl. L 1. FT !3l_. I .\7~ ~;~~ _ .Y•_.`.! +i . ~~ r~ ~~~ l~ ~' ~~ 4 3 e~-y , , ~- Y- ~ i -.~' ~ j ~i: .Y ~ ' _ .'T- s ,e ~. !.:I ~_ _. 'S.6~ St '~q 1 ~ ~: ~` .~t 4 .~ ~~ i+ ~ P ~~ V e~ V 7 a~ i !~ i [y,~ ~/ 3~ + MI V I r f~~ V 1~ ~Y •~ Tf11.S' Y.1G1~ fl.J y.~~ x~ ~ 1 a 0 ._ a .~ ~. ~. O cn 7711.5 P.1 GE Suzanne Davis From: Thomas.mangano <hunthunter@verizon.net> Sent: Tuesday, August 10, 2010 2:11 PM To: Suzanne Davis Cc: 'Thomas.mangano' Subject: Response to applicant desk item date 6_9 Suzanne and Council members: In the unlikely event that Council approves the A&S portion of the appeal, I want to document my response to the applicants "Conditions [for discussion) that might Benefit Neighbors: desk item submitted by applicant on June 9`°, 2010. Second item: Six (6) Myrica California 24" box trees... Response: I have no problem with the use of a myrtle tree variety, for that would complement the use I have used of them on my southern property line. However, the specie must be of a "petite" variety (as I used), to prevent towering massing and additional shadows. - The trees must be no higher than home roof ridge lines. As an example the petite myrtles on my property are approaching 20 years in age and remain well below my roof ridge line. The placement of the one tree to the furthest East of the grouping of the six trees is problematic. I see no use for the tree other than to act as a further screen to what little views and sun I will have remaining. I request that tree be removed or be changed to a type no higher than the fence. Third item: Fence along the north property... Response: I would support the style as proposed to match the existing fence style between Mangano/Lynett property. However, the specified height of 6 ft and 1 ft lattice is NOT acceptable. There is a 6" to 18" difference in he finish grades between the applicants property and my property. The proposed height would create 7'6" to 8'6" foot high fence from my viewpoint, blocking all remaining views and casting longer shadows. The top of the lattice of the fence must not be higher than 5 feet from the finish walkway grade on my property side. I have addressed my A&S concern in my submittal for the 6_9 commission hearing on pages 12, 13 and 14. Those are still open concerns except for the driveway edging that was address on 6_9 desk item because of city intervention. tom mangano Attachment 19 THLS P.9 GE LI~TE_~'TIO_A==~LL~' LLFT BL.-1_A~K John Sch«-arz 104 Panorama ~~%ay Los Gatos, CA 9032 (408)623-1~9~ August 12, 2010 Town Council Town of Los Gatos 110 East Main Street Los Gatos, CA 9032 RE: RECDNSIDERATION OF THE 15928 UNION AVENUE SLBDIVISION PROJECT Application #hI-08-04 and \~-09-02 Dear Members of the Town Council: ~-~ „~ fi;~ ~±a I ~ ~ t? ~I 0 TO~~lN Or L_OS GA T OS PJ_.aP~J~JIiVG DIVISION Thank you for your time in reviewing this proposed Subdivision (again) and for considering my input. As you know, there has been much prior correspondence on this project, and with that in mind, I would like to hereby incorporate by reference, the comments that I and my neighbors have made in prior correspondence and testimony on this project; particularly the fact that this project is inconsistent with the Town's General Plan, and the Town's Land Use Goals and Policies (see attached letter from Logan and Powell). My main points to you are the following: 1) The same Subdivision Map Act Findings for denial apply to this current incarnation of the project, and 2) The project has been segmented and the CEQA documentation is not adequate. 1. Subdivision Ian Act Findings As several of us have outlined in our correspondence with the Town, and as you can see if you review the deliberations at the prior Planning Commission and To«-n Council hearings, the Totvn denied the previous Subdivision on the basis of subsections (b), (c}, and (d) of Section 66-174 of the Subdivision '~~Iap Act. The Planning Commission unanunously agreed last year that Subsections (c) and (d) applied to the prior incarnation of this project, and these same fmdings still apply to the latest Subdivision layout. In fact.. at your direction, this latest version of the project was carefully considered by the Planning Commission in June 2010, and was denied again based on the Subdivision Map Act findings. I ask you to concur with your Planning Commission findings on this incarnation of the project. Attachment 20 Letrer to the Toirn Council Racwuideration of ly9'8 C'nion :•ive. Suhdii~siorr :3 rrgrrst I Z, ~ 010 Page ? of 4 2. CEO.a Revie~~ Has Been Segmented and Documentation \ot Adequate «11i1e this project may be relatiyel}~ small in scale compared to other developments evaluated under CEQA, given the change in the project scope (the project now also includes Architecture and Site [A~:S] approval on t.yo lots. but not the third, and may or may not propose demolition of the existing house), the CEQA documentation completed for this project is not adequate in accordance ~;~ith CEQA, the CEQA Guidelines and relevant case lain. Since the To~z•n Attorney downplayed and characterized my comments at the June Plannin~~ Commission as just "using the appropriate buzzwords," let me provide a little more detail to this argument than I was able to in three minutes of verbal testimony. Although my im olyement in this project is solely as an interested neighbor, as a CEQA practitioner in my professional career, I am quite familiar Frith the requirements of CEQA, the CEQA Guidelines, and relevant case law on this subject. CEQA, the CEQA Guidelines, and the courts have repeatedly stated that informed decision making and public participation are fundamental purposes of the CEQA process [see Citi~erLS of Goleta Y'alley v. Board of Supen~isor-s, Laurel Heights Impr•overnent Association v. Regents of the University of California, and :Vo Oil, Irrc. v. City of Los Angeles]. ~ In analyzing and disclosing the impacts of a project, CEQA very specifically requires the consideration of the "~~~hole of an action.'•^ CEQA does not allow segmenting or "piecemealing" the project into parts, so as to avoid analyzing and disclosing all of the enyiromnental impacts of a project. There are numerous legal cases analyzing this very issue -- see Bo~ung v. Local.Agencv FOr-rrlatrOll COIIZIIIrSSIOII Of Venurra County and Citizens Association: for Sensible Development ojBishop :4rea v. Corottl- of Lrvo. According to the court in the Citi.ens :4ssociation.for Sensible Development of Bishop .Area v. Counh~ of Ingo case: "Project means the tit~hole of an action, x•Ilich has the potential for resulting rn a pTn•sical change in the ern•ir-omnent, directly or ultin:atelv... The terra project' refers to the aCtll'Itl' bt'hlCh IS bern7g appYOVed CnId 1y177C1r Inal' be Subject l0 Seyer'al dISCr'C'tlOnaly' approvals bti• gover-nn:ental agerrcie.s. The terra project 'does not mean each separate gol~ernrrrental approval... 1171ere the lead agency could describe the project...as a development proposal ~t•hich ti~~ill be subject to several gorer•nmerrtal approvals...the lead agency shall describe the project as the dcvelopntent proposal for the purpose o/~ environunental analysis. " The To~~n's Initial Study'_~Iitiaated l~egative Declaration was prepared for the prior incarnation of the Subdivision project in July ?009. The IS 1L`~D has not been revised to address the new Subdivision layout, and it has not been expanded to address the specifics of the AR.S approvals or the potential implications of leaning the existing residence in place on the site. Page 1 and ` Practice t'nder the California En.ironmental Qualin~ Act. First Edition. Section 1.18. 199i. CEQ:~1 Guidelines Sections 1 ~ 163(x)(1). 1~ 126. and 1?~ ; 8, as amended. ?U1l). Letter to the To~ti~n Council Reconsideration of ].1928 (JS:iorz At%e. Subdirisiai .4ugtut 12, 2010 Page 3 of 4 of the Town's prior IS~I~~-D describe the project as only including the proposed Subdivision and demolition of the existing house. Page 2 of the Initial Study specifically says: "The project application does not irtclude specific del~~elopment desid is for homes on the proposed lots. Spec f c development desi~as on the proposed lots tit-ould be evaluated at a later phase of project plantiirzg, as part of the !I&S approval process. " Some of the enviromnental impact conclusions in the Initial Study were deferred until the AR;S stage. Similarly, the Staff s responses to the public comments on the ISi~LtiD ul ?009 state that the land use compatibility as well as the aesthetics/view- impacts of the future homes "...will be evaluated as part of Architecture and Site review when specific building designs are proposed." Now, subsequent to the Town Council granting '`reconsideration" of this Subdivision project earlier this year, the applicant has changed the project, and is actually seeking A&S approval for houses on to-o of the lots. It is clearly inappropriate to add additional project elements and discretionary approvals to the project after the public development review process and in the midst of a "reconsideration" appeal. (Since the AR'S elements have never been "considered" by the Town, how can they be added to the project in this reconsideration stage`') Moreover, the site specific impacts of these houses and their designs have never been evaluated under CEQA (and if any additional analysis has been done; it has not been circulated to the public for review). In fact, the Initial Studv_ explicitly calls for and pronuses such further evaluation, but it has not been completed.' Therefore, the public has not had any opportunity to review or comment on such analysis of the A&S; w-hick clearly violates one of the primary goals of CEQA cited above. Therefore, there is no CEQA clearance for the A&S, and the Town has no ability to approve the ARTS for any of the houses on this site. Additionally, it is project segmentation and piecemealing under CEQA to only evaluate some of the proposed and necessary discretionary actions on this site in the Initial Study. The whole "project" needs to be evaluated comprehensively in one public CEQA document and recirculated to the public for another 30-day review period. An adequate CEQA document for this project must evaluate all of the following project elements: 1) the currently proposed Subdivision; ?) A&S for all 3 proposed houses; 3) impacts from the eventual demolition of the existing residence; 4} a discussion and analysis of the proposed construction phasing and timing of buildout; and ~) analysis of the implications for the site design and project construction if the existing home remains indefinitely. ' See Practice >rnder the California Environmental Quality Act. First Edition. Section 12. 1997. and CEQA Guidelines Section 1~378(a) and (c). Letter to tl~e ro~t•n Council Reconsideration aJ 1 ~9~8 Union Are. Subdivision Ata~tst 11, ?010 Pa,Qe 4 of 4 This is a clear deficiency with the CEQ:~ analysis and development review process for this project. ~t~e have asked the Town repeatedl}• verbally and in «~riting to undertake this additional «-ork to correct this deficiency. and have exhausted all admitvstrative remedies.' If this project is appro~'ed ~;-ith only the information currently available, there is clear cause for a legal challenge to the CEQA process and approval of this project. I respectfully request that you uphold the prior land use decision on this site and deny the currently proposed Subdivision on the same grounds of the Subdivision flap Act Findings. In am' case, the environmental review documents need to be augmented and recirculated to address the entire project as currently proposed. Thank you again for your time and for considering my input on this project. Sincerely. John Sch~yarz cc: Suzanne Davis, Planning Department, To«-n of Los Gatos Geoff and Linda Mitchell, 115 Panorama «'ay Ian Esche and Golida van Haeruigen, 107 Panorama ~~-ay Greg and Cecilia Holmberg, 103 Panorama ~Vay Jeff and Terry Hickey, 100 Panorama ~~'ay Mike Brown, 108 Panorama ~Vay Thomas Mangano, 116 Panorama ~~'ay ' See Practice L-nder thz California En~ironmentat Quality Act. First Edition. Section "?~.9=. 1997. L~GAN & P4WELL LLB ATTOR~`~EI'S AT it._A~V Robert J. Logan, of Counsel Fl East bfain Street, Suite C ^ Los Gatos, California 95030 ^ Telechone (405) 395-1350 ^ Fax (40S) 395-1354 E-mail: info@loga.^.powell.com Hand Delivered January 28, 2010 Honorable Mayor and Town Council Members Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Re: Reconsideration of 15928 Union Avenue Subdivision; M-0$-13, ND-09-02 Dear Honorable Mayor and Town Council Members This office represents residents of Panorama Way, Union Avenue and Cambrian View in their opposition to the above listed matter. These neighbors remain opposed to this project and any reconsideration of this Council's denial of this project on November 2, 2009. The November 2, 2009, decision was the right decision for the neighborhood and the Town of Los Gatos. With three (3) lots, this project is trying to put too much on too narrow of a parcel. No matter how the lots are sliced, it will still be too much on too narrow of a parcel. As outlined in more detail below, the project with three {3} lots is inconsistent with the Town's General Plan and the surrounding neighborhood and therefore, must be denied. Reconsideration of this project is unnecessary. Pursuant to Government Code § 66474, the Town Council "shall deny approval of a tentative map..." if it makes any of the findings outlined in that section. Given the facts of this project, the fo!!o:":,ng findings must be made; "(b) That the design oC imnrnuamcnt of tha nrnnncari ci lhrliyisinn is not r_.nngigtent with annlir_.able n~neral and r... ~„ .., r.., .....- -- r r - specific plans; (c) That the site is not physically suitable for the type of development; and (d) That the site is not physically suitable for the proposed density of development." "A proposed subdivision steal! be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies; general land uses, and programs specified in such a plan." (Government Code § 66473.5) Due to the density and design of this three (3) lot subdivision, it is inconsistent with the Land Use Element and the Community Design Element of the Town's General Plan. In addition, the narrow parcel is not physically suited for the development of three (3) lots. Mitthe!I. Gea'pCOrrlMitchell Ta+.n Council tt: C1.2@.7 G.sq Honorable Mayor and ToVrn Council Members Re: Reconsideration of 15928 Union Avenue Subdivision; M-08-13, ND-09-02 January 28, 2010 Page 2 INCONSISTENCY WITH LAND USE ELEMENT As you know, the Town prides itself on its small tovrn heritage, natural setting and architectural diversity. In the Land Use Element of the Town's General Plan, the Town acknowledges that preserving these attributes is important to this community and new development should be well-designed to preserve and enhance these attributes. To that end, the Town has established goals, policies and implementing strategies which must be followed. The project as proposed is inconsistent with several Land Use Goals and Policies. Land Use Goal 3.1 (L.G.3.1} requires the Town "to maintain the existing character of residential neighborhoods by controlling development." (L.G.3.1) One of the policies adopted to reach this goal is L.P.3.5 which states "assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood." As determined by this Council on November 2, 2009, the immediate neighborhood is the Panorama Way/Union Avenue neighborhood. The project will be accessed on Union Avenue and through Panorama Way. The immediate neighborhood is not Lee~vood Court because rt is physically separated from the project site by an eight (8) foot retaining wall and a five (5} foot grade separation." Development consistent with Panorama Way/Union Avenue should follow the rectilinear orientation and involve only two (2) lots on that parcel as shown on Exhibit A. This development pattern is consistent with the development pattern that was approved on a similarly narrow parcel on Blossom Hill Road as shown on Exhibit B. The developer of that parcel also requested a three (3) lot subdivision but was constrained to two (2) lots for these same reasons. The development pattern of the proposed project with three {3) lots is inconsistent with the immediate neighborhood. Another goal outlined in the Town's General Plan is Land Use Goal 2.1 (L.G.2.1) which requires the Town "to limit the intensity of new development to a level consistent with surrounding development and with the Town at large." For ail of the reasons previously expressed by the immediate neighbors of this project, approving Three (3) lots on this parcel is not consistent with the intensity of development in the surrounding neighborhood. As stated above, the immediate neighborhood (Panorama Way and Union Avenue} is developed in a traditional rectilinear orientation. In order to squeeze three (3) lots onto this narrow parcel, the developer is forced to orient the lots at angles to meet the minimum requirements. This change in orientation is contrary to the development pattern of the neighborhood and should not be approved merely to allow a developer to maximize his investment. It is inconsistent with surrounding development. Atiictvl, Geof4'Com'hk~ct~ei 'own CouncllU 01.28.?C.sq Honorable Mayor and Town Council Members Re: Reconsideration of 15928 Union Avenue Subdivision; M-08-13, ND-09-02 January 28, 2010 Page 3 Another policy in the Town' General Plan that is relevant to this project relates to infill development.' Although the Planning Commission inferred this was not an infill project because the land is developed with one residential unit, the policies and goals are applicable because that one residential unit is proposed to be demolished to make way far the creation and development of three (3) new lots within an area that is already largely developed. Therefore, the following policies should also be considered: 1) Land Use Policy 1.7 (L.P.1.7) provides °In-fill projects shall contribute to the further development of the surrounding neighborhood (e.g. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area, not detract from the existing quality of life)." 2} Land Use Policy 1.8 (L.P.1.8} provides "In-fill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area." The strategies to implement these policies include: "L.1.1.3. 1n-fill project/Community Benefit: Applicants for in-fill projects shall demonstrate that the project has a strong community benefit." "L.1.1.4. !n-fill project/Community Benefit: The deciding body shall make specific findings of community benefit before approving any in-fill project." As stated repeatedly by the neighbors, this project with three {3} lots is not designed in context with the surrounding neighborhood. Cramming three (3) lots onto this narrow parcel does not create any community benefit. INCONSISTENT WITH COMMUNITY DESIGN ELEMENT The Towns General Pian includes a Community Design Element which is intended to protect the unique characteristics that define the Town. To do so, the element includes a goal "to preserve and enhance the Town's character through exceptional community design." (CD.G.1,1) The policies to reach this goal include "avoid abrupt changes in scale and density" (CD.P.1.5) and "new structures, remodels, landscapes and hardscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area." {CD.P.1.7} Forcing three (3) lots onto this narrow parcel results in an abrupt change in scale and density ' The General Plan defines Ir.nll Development as "Develcpment of vacant land {usually individual lots or left-over properties) within areas that are already largely developed. h!iic~8. 3e~lCcrclMitc^.ee Tovn Co~ru! Its C1.2d.? Csq Honorable Mayor and Town Council Members Re: Reconsideration of 15928 Union Avenue Subdivision; M-08-13, ND-09-02 January 28, 2010 Page 4 and breaks the established rhythm and pattern of the Panorama Way/Union Avenue neighborhood. Any three (3) lot subdivision is inconsistent with the Town's Community Design Element of its General Plan and therefore, must be denied. Any development proposal on this parcel that provides for the creation of three (3} lots will be inconsistent with the Town's General Plan. No further consideration of this project is necessary as long as the developer is proposing the creation of three (3) lots. The narrow parcel is not physically suitable for the creation of three (3) lots. The creation of three (3) lots is inconsistent with the surrounding neighborhood. These findings will not change. Therefore, this subdivision or any subdivision creating three (3) lots on this parcel cannot be approved. This project should be denied on February 1, 2010. Thank you for your consideration. Very truly yours, _ p ~~ ~~~J ~ Kirsten M. Powell KMP:sq enclosures cc: client Michael P~9artello, I;,terim Tovrn Attorney Suzanne Davis, Project Planner Mrt;hell, GeolOCwrtltitche~ Tenn Counc'. Is 05?9.t0.sq