Item 2 - Desk Item and Exhibits.400 Surmont Dr
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/11/2023 ITEM NO: 2 DESK ITEM
DATE: January 11, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Construction of a Shared Driveway, Two New Single-
Family Residences to Exceed the Maximum Height for Visible Homes in the
Hillsides, and Site Work Requiring a Grading Permit on Vacant Property Zoned
HR-2½. Located at 400 Surmont Drive. APN 527-20-003. Architecture and
Site Applications S-21-004 and S-21-023. PROPERTY OWNER: Sandra K.
Anderson, TTE. APPLICANT: Studio 3 Design. PROJECT PLANNER: Ryan Safty.
Remarks:
The applicant submitted updated section drawings for each residence, showing existing grade
(Exhibits 28 and 29). The January 11, 2023 Staff Report stated that the maximum proposed
height of the Parcel 1 residence was approximately 21 feet, six inches, and the maximum
proposed height of the Parcel 2 residence was approximately 22 feet. With the existing grade
lines added to the section drawings, staff was able to verify the maximum proposed heights
along each building section, which are shown with blue arrows in Exhibits 28 and 29. The
maximum proposed height of the Parcel 1 residence is shown at 19.8 feet in Section D of Exhibit
28. The maximum proposed height of the Parcel 2 residence is shown at 19.2 feet in Section B
of Exhibit 29.
The applicant also provided an exhibit showing the roof area of each residence that would
exceed the 18-foot maximum height limitation (Exhibit 30): 11 percent of the Parcel 1 roof
would exceed 18 feet in height; and 10 percent of the Parcel 2 roof would exceed 18 feet in
height.
Exhibit 31 includes the applicant’s responses to public comments.
Exhibit 32 includes additional public comment received between 11:01 a.m., Tuesday, January
10, 2023, and 11:00 a.m., Wednesday, January 11, 2023.
PAGE 2 OF 3 SUBJECT: 400 Surmont Drive/S-21-004 and S-21-023 DATE: January 11, 2023
EXHIBITS:
Previously received with the November 21, 2022 Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Subdivision Notice of Exemption
5. Project Description/Letter of Justification
6. Property Photos
7. Color and Materials Board – Parcel 1
8. Color and Materials Board – Parcel 2
9. Visibility Analysis
10. Consulting Architect’s Report
11. Applicant’s Response to Consulting Architect’s Report
12. Consulting Arborist’s Report
13. Applicant’s Response to Consulting Arborist’s Report
14. Neighbor Outreach Summary
15. Development Plans – Parcel 1
16. Development Plans – Parcel 2
17. Public Comments
18. Applicant’s Response to Public Comments
Previously received with the November 21, 2022 Desk Item Report:
19. Public Comment received between 11:01 a.m., Friday November 18, 2022, and 11:00 a.m.,
Monday, November 21, 2022
20. Applicant’s Response to Public Comments in Exhibit 17
Previously received with the January 11, 2023 Staff Report:
21. Updated Neighbor Outreach Summary
22. Applicant’s Summary of Design Changes
23. Updated Development Plans – Parcel 1
24. Updated Development Plans – Parcel 2
25. Updated Story Pole Pictures and Certification Letter, installed December 23, 2022
26. Pictures of damaged story poles following storm, received January 4, 2023
Previously received with the January 11, 2023 Addendum Report:
27. Public Comment received between 11:01 a.m., Friday, January 6, 2023, and 11:00 a.m.,
Tuesday, January 10, 2023.
PAGE 3 OF 3 SUBJECT: 400 Surmont Drive/S-21-004 and S-21-023 DATE: January 11, 2023
EXHIBITS (continued):
Received with this Desk Item Report:
28. Parcel 1 Building Sections with Existing Grade Lines and Maximum Height
29. Parcel 2 Building Sections with Existing Grade Lines and Maximum Height
30. Roof Plans Showing Percentage of Roof Over Maximum Height
31. Applicant’s response to public comments
32. Public Comments received between 11:01 a.m., Tuesday, January 10, 2023, and 11:00 a.m.,
Wednesday, January 11, 2023.
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GREATROOMKITCHENOPEN TOSITTING/LIVINGROOMENTRYHALLATTICHALLCOVEREDFRONTPORCHPATIO /DECKA - BUILDING SECTIONCRAWL SPACECRAWL SPACECRAWL SPACEATTIC-4'-0" B.F.F.(376.5)+0'-0"FINISH FLOOR(380.5)+10'-0" A.F.F.PL. HT.+0'-0"FINISH FLOOR(380.5)+7'-6" A.F.F.PL. HT.-3'-0" B.F.F.(377.5)(374)PAD(375)PAD±17'-1112"
3'-4"(378)PAD+7'-6" A.F.F.PL. HT.SITTING/LIVINGROOMHALLMASTERBEDROOMATTICCOVEREDFRONTPORCHMASTERPATIO /DECKB - BUILDING SECTIONCRAWL SPACECRAWL SPACECRAWL SPACECRAWL SPACEATTIC+0'-0"FINISH FLOOR(380.5)+10'-0" A.F.F.PL. HT.+0'-0"FINISH FLOOR(380.5)+7'-6" A.F.F.PL. HT.-3'-0" B.F.F.(377.5)±2'-012"
±4'-612"(378)PAD(375)PADCRAWL SPACE±14'-1112"
17'-1112"A4.1BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #1LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4. .f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201931 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII376.5 EXISTING GRADE376.5 EXISTING GRADE380. EXISTING GRADE380. EXISTING GRADE14.5'16.8 ft16.1 ft14.5 ft16.8'16.1'EXHIBIT 28
MASTERBEDROOMMASTERW.I.C.BEDROOM#2BEDROOM#3HALLW.I.C.BATH #3COVEREDPORCH #2ATTICC - BUILDING SECTIONATTICCRAWL SPACEMASTERPATIO/DECK+0'-0"FINISH FLOOR(380.5)+10'-0" A.F.F.PL. HT.+0'-0"FINISH FLOOR(380.5)+8'-0" A.F.F.PL. HT.±3'-512"(378)PADCRAWL SPACECRAWL SPACE±13'-012"(378)PADATTICDININGROOMENTRYHALLSITTING /LIVINGROOMW.I.C.OFFICE /BEDROOM#4D - BUILDING SECTION(380)(385)(390)(375)(370)CRAWL SPACECRAWL SPACE+0'-0"FINISH FLOOR(380.5)+8'-0" A.F.F.PL. HT.+0'-0"FINISH FLOOR(380.5)+8'-6" A.F.F.PL. HT.-3'-0" B.F.F.(377.5)±4'-9"(375)PAD(378)PADMAX 25' ABOVEEXISTING GRADE±17'-1112"MAX 18' ABOVEEXISTING GRADEEXISTING GRADEA4.2BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #1LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4.2 2.22f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201931 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII383.0 EXISTING GRADE381.5 EXISTING GRADE12.38 ft9.43 ft17.5 ft19.8 ft17.5'13'13.0 ft
19.8'
ATTICBUTLER'SPANTRYPWDRBATHHALLHALLMUDROOME - BUILDING SECTION(380)(385)(390)(375)(370)CRAWL SPACECRAWL SPACE+0'-0"FINISH FLOOR(380.5)+7'-6" A.F.F.PL. HT.-3'-0" B.F.F.(377.5)+0'-0"FINISH FLOOR(380.5)+8'-0" A.F.F.PL. HT.(378)PADMAX 25' ABOVEEXISTING GRADE±17'-1112"
±5'-10"(375)PADMAX 18' ABOVEEXISTING GRADEEXISTING GRADEATTICBEDROOM#2HALLKITCHENNOOKF - BUILDING SECTION(380)(385)(390)(375)(370)CRAWL SPACECRAWL SPACE+0'-0"FINISH FLOOR(380.5)+7'-6" A.F.F.PL. HT.-3'-0" B.F.F.(377.5)+0'-0"FINISH FLOOR(380.5)+8'-0" A.F.F.PL. HT.(378)PAD(375)PADMAX 25' ABOVEEXISTING GRADE±14'-1112"
±17'-1112"
±5'-6"MAX 18' ABOVEEXISTING GRADEEXISTING GRADEA4.3BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #1LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4. .3f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201931 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII17.9'17.0 ft17'16.4'15.6'16.4 ft17.9 ft15.6 ft
ATTICGREATROOMMASTERW.I.C.MASTERBATHROOMOPEN TOMASTERBEDROOMG - BUILDING SECTION(380)(385)(390)(375)(370)CRAWL SPACECRAWL SPACE-4'-0" B.F.F.(376.5)+0'-0"FINISH FLOOR(380.5)+7'-6" A.F.F.PL. HT.+0'-0"FINISH FLOOR(380.5)+8'-0" A.F.F.PL. HT.±1'-712"(374)PAD(378)PADMAX 25' ABOVEEXISTING GRADE21'-512"
5'-10"NOTE: EXCEPTIONREQUESTED FOR CUTAMOUNTS SEE CIVILPLANS - SHEET C-8/SECTION D-DMAX 18' ABOVEEXISTING GRADEEXISTING GRADEA4.4BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #1LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4. .f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201931 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII18.9'18.9 ft16.2 ft16.2'
ATTICBATH #3OFFICE/BEDROOM #4ENTRYFOYERMUDROOMENTRYPORCH(SIDE)A - BUILDING SECTIONCRAWL SPACECRAWL SPACE+0'-0"FINISH FLOOR(406.5)+8'-0" A.F.F.PL. HT.+0'-0"FINISH FLOOR(406.5)+8'-0" A.F.F.PL. HT.(403.5) PADMAX 25' ABOVEEXISTING GRADEEXISTINGGRADE(403.5) PADNOTE: EXCEPTIONREQUESTED FOR CUTAMOUNTS SEE CIVILPLANS - SHEET C-9/SECTION B-BATTIC7'-0"
5'-0"±12'-10"3'-0"MAX 18' ABOVEEXISTING GRADEEXISTING GRADEB - BUILDING SECTIONATTICKITCHENHALLDININGROOMCRAWL SPACE+8'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+9'-6" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)MAX 25' ABOVEEXISTING GRADE(402) PADEXISTINGGRADE(402) PADNOTE: EXCEPTIONREQUESTED FOR CUTAMOUNTS SEE CIVILPLANS - SHEET C-9/SECTION B-B5'-0"
7'-0"±11'-1012"3'-0"MAX 18' ABOVEEXISTING GRADEEXISTING GRADEA4.1BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #2LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4. .f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201917 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII18.1 ft18'19.2 ft19.2'18.0 ft18.1'EXHIBIT 29
C - BUILDING SECTIONGREATROOMLAUNDRYROOMHALLBATH#2ATTICCRAWL SPACECRAWL SPACE+8'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+0'-6"FINISH FLOOR(407.0)+9'-6" A.F.F.PL. HT.±3'-7"(402) PADMAX 25' ABOVEEXISTING GRADEEXISTINGGRADE±14'-112"(404) PADNOTE: EXCEPTIONREQUESTED FOR CUTAMOUNTS SEE CIVILPLANS - SHEET C-9/SECTION B-BMAX 18' ABOVEEXISTING GRADEEXISTING GRADE3'-0"D - BUILDING SECTIONENTRYPORCHENTRYFOYERHALLWINEROOMLAUNDRYROOMCOVEREDDECK #1COVEREDDECK #2REARPATIOATTICATTICCRAWL SPACECRAWL SPACECRAWL SPACECRAWL SPACECRAWL SPACE+8'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+0'-0"FINISH FLOOR(406.5)+9'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+0'-6"FINISH FLOOR(407.0)7'-0"(403.5) PAD(402) PAD±19'-212"(404.0)PADATTIC5'-0"±41'-7"A4.2BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #2LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4.2 2.22f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201917 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII18.71 ft20.21 ft406.0 EXISTING GRADE404.0 EXISTING GRADE17.89 ft17.51 ft18.8'18.5'16.8'14.1'18.8 ft14.1 ft18.5 ft16.8 ft
ATTICE - BUILDING SECTIONENTRYPORCHOFFICE/BEDROOM#4COVEREDDECK #1REARPATIOKITCHENGREATROOMCRAWL SPACECRAWL SPACECRAWL SPACECRAWL SPACE+8'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+0'-0"FINISH FLOOR(406.5)+8'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)(403.5) PAD(402) PAD±14'-1112"(402) PAD±14'-112"F - BUILDING SECTIONATTICATTICMASTERBATHROOMMASTERBEDROOMHALLDININGROOMENTRYFOYERENTRYPORCHATTICCRAWL SPACECRAWL SPACECRAWL SPACECRAWL SPACE+8'-0" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+0'-0"FINISH FLOOR(406.5)+9'-6" A.F.F.PL. HT.-1'-6" B.F.F.(405.0)+0'-6"FINISH FLOOR(407.0)(402) PAD±2'-4"(403.5) PAD(404) PAD±12'-9"
±16'-012"
±15'-2"
±3'-312"
±14'-4"A4.3BUILDING SECTIONSSCALE:14" = 1'-0"400 SURMONT DRIVEPARCEL #2LOS GATOSCALIFORNIA95032INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032W4. .3f 253.399.1125STUDIO ..... DESIGN20 AUGUST 201917 JANUARY 2020PLANNING SUBMITTAL23 AUGUST 2021PLANNING SUBMITTAL II16 NOVEMBER 2021PLANNING SUBMITTAL III29 APRIL 2022PLANNING SUBMITTAL IV08 JULY 2022PLANNING SUBMITTAL V19 DECEMBER 2022PLANNING SUBMITTAL VII16.00 ft16.12 ft14.75 ft 15.04 ft17.04 ft407.0 EXISTING GRADE403.0 EXISTING GRADE401.0 EXISTING GRADE409.0 EXISTING GRADE16.95 ft
15.1'14.1'14.1 ft17.3'15.1 ft17.3 ft
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PROPOSED ROOF PLANPARCEL #1NORTHHatched Yellow Area = Area of ExceptionParcel 1, 11% of the roof is over the max. Height of 18-feet. Parcel 2, 10% of the roof is over the max. Height of 18-feet. EXHIBIT 30
PROPOSED ROOF PLANPARCEL #2NORTHHatched Yellow Area = Area of ExceptionParcel 1, 11% of the roof is over the max. Height of 18-feet. Parcel 2, 10% of the roof is over the max. Height of 18-feet.
Hi Mike and Diane
Yesterday Ryan forwarded your latest concerns with our project to me, so I felt the need
to respond and hopefully correct your interpretation of some of the issues you raise:
•It is not the requirement of the Hillside Specific Plan that new homes not be
visible from the viewing platform at Los Gatos-Almaden Road and Selinda Way.
One is allowed to build a home at 25' height in the Hillside Specific Plan unless it
is deemed to be 24.5% visible from the viewing platform based on specific
camera techniques. I did some initial story pole installation (1 pole installed for
each home), and it appeared that the homes would not be 24.5% visible.When
the complete story poles were installed it was determined that, in fact, the homes
would be 24.5% visible. Based on the direction of the Planning Commission I
lowered the height of the homes to 18' based on measurement standards from
the Hillside Specific Plan. There is a less than 10% exception for each home
where the overall height exceeds 18' at the noted portion of the home.
•It needs to be noted that this is open hillside land. There are no significant trees
that provide any screening like the oak trees that are in front of your home. I have
chosen to work within the Hillside Specific Plan to make this project compliant
and compatible with the existing surroundings and the given development
standards.
•The homes have been designed so that the foundations and roof lines are
stepped into the hillside and follow the natural slope as suggested in the Hillside
Specific Plan.
•Finish colors and materials have been carefully selected so that the homes blend
into the hillside as suggested by the Hillside Specific Plan; refer to color boards
submitted
•Much of the two parcels are left undeveloped to lend themselves as a
continuation of your open space. Access from your property to the remaining
portion of this development still exists. You have been granted an easement
across the undeveloped portion of these two lots so that you can continue to
maintain a portion of your property.
•Your home is designed so that your view from the majority of the rooms is away
from these two homes. You have windows in your Master Bathroom and Master
Bedroom and a deck off your Master Bedroom that have a minimal view of these
homes. Once the proposed screening landscaping is planted combined with the
fact the majority of each lot from your property to the landscape screening is left
in its natural state, your view from these rooms and deck will be mostly natural.
If you wish to discuss these issues with me, please feel free to contact me at your
convenience.
Respectfully Submitted
Robert O. Hughes
THE BUILDING WORKS
EXHIBIT 31
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Date: January 10, 2023
To: Planning Commission
Re: 400 Surmont Dr. Request For Approval Of Exceptions
Dear Commissioners,
In a letter dated Dec. 12, 2022 from Robert Hughes stated: “To work toward an
18’ overall height for both homes,” which is 21 feet 6 inches for Parcel 1 and
approximately 22 feet for Parcel 2. The revised elevation plans and story poles do
not reflect the maximum 18 feet height hill-side guide lines. Please do not
approve the revised height exceptions request for both parcels.
The request to approve the grading exception should also not be approved. I
concur with Lee Quintana’s assessment: This is an example of designing a house
and then using the constraints of the property as an excuse to not meet the
Hillside Design Standards and Guidelines rather than designing a house that
conforms to the existing property topography and does not need exceptions.
Regarding the proposed planting of trees and shrubs to achieve screening from
neighboring homes, the Town’s Botanist should provide his/her review and
opinion. A local nursery stated that the California Buckeye tree is not a good
screen.
The request to approve construction of a Shared Driveway for Parcels 1 & 2
should be denied and instead a Cul-De-Sac should be built and also relocating the
drainage ditch should be approved based on the future development of homes
for the 400 and 401 Surmont Drive properties, and more than likely, pickup of the
garbage cans in the Cul-De-Sac will be approved by the two new owners.
Thank you,
Chris Tanimoto
EXHIBIT 32
From: Todd Osborne
Sent: Wednesday, January 11, 2023 12:58 AM
To: Ryan Safty <RSafty@losgatosca.gov>; Planning Comment <PlanningComment@losgatosca.gov>
Cc: Todd Osborne
Subject: Osborne Family Public Comment Submission: Regarding 400 Surmont Court Planning
Commission Event on Wednesday 1/11/2023
EXTERNAL SENDER
To: Mr. Ryan Safty and Town of Los Gatos Planning Commission
Fm: Todd Osborne and Cindy Osborne Family
Los Gatos, CA 95032
Re: Public Comment Submission for Public Record, Planning Commission Hearing About 400 Surmont
Drive on Wednesday 1/11/23
SENT VIA EMAIL 1/11/23
To begin this letter, we wish to thank Mr. Safty for his excellent communication and support throughout
this process. His communication and detailed documentation have been extremely helpful.
We are writing to place into the public record our family’s PUBLIC COMMENTS. This letter includes
follow-up comments incremental to the letter we submitted prior to the November 21, 2022 planning
commission meeting. We standby all the issues raised in our letter submitted into the public record for
that event and use this letter to provide additional input.
The request we make today to the planning commission is to reject all waivers for the proposal to
develop 400 Surmont Court. The issues raised by our family not only affect the current development
proposal for 400 Surmont Drive, but the future development of other nearby land also will become
related matter(s) with many of the same issues raised here. The acreage involved are extremely
inhospitable to development and present incredible problems in terms of public safety and public good
for residents of the town of Los Gatos. Please do not establish a dangerous precedent for our families
and our beloved town.
After reviewing communication from the developer in late December 2022 and viewing amended story
poles for 400 Surmont Drive, we believe that all requested waivers for the existing 2-parcel
development proposal should be rejected. Nothing of substance has changed. We understand that the
town planning staff has recommended that all waivers be rejected prior to the November
meeting. None of the late December updates by the developer have changed our family's consensus
with the findings of the town’s planning staff last November that all waivers should be rejected.
The changes outlined by the developer do not bring either parcel 1 or parcel 2 into compliance with the
Town of Los Gatos Hillside Development Standards and Guidelines. The simple reality is that the project
designs do not conform. Each of the home designs, locations, access, and infrastructure simply don’t
work per the criteria established for the public safety and public good of Los Gatos residences. Please
insist that the developer meets all existing standards and guidelines without waivers.
Our family is not anti-development; however, we absolutely reject the waivers requested because the
project is completely flawed. The homes were never intended to meet the town’s standards and
guidelines, and the developer is now attempting to negotiate instead of making the necessary
substantive changes that would remove the need for many waivers. In fact, the developer had the
option of designing a development proposal that included a new cul-de-sac extension to Surmont
Drive. This design would solve access and would relocate drainage to maintain public safety. This
design would also avoid a lot of the infrastructure weakness including garbage pick up among
other things outlined in our original letter. However, the developer decided not to proceed down that
path despite that “concept” being floated (and favorably viewed by town officials) in early stages of this
development. We ask the planning commission to please reject all waivers until a properly designed
proposal (with all necessary attributes appropriate to meet existing town standards and guidelines for
these parcels) is formally presented by the developer.
Respectfully,
Todd and Cindy Osborne
PS. As additional background, we’ve included an attachment, the .pdf file of our letter that was
submitted prior to the 11/21/2022 planning commission meeting. This letter outlines each waiver
request and explains our reasons for rejecting all waivers.
END
Todd and Cindy Osborne Family
, Los Gatos, CA 95032
Los Gatos Planning Commission Members
Attn: Mr. Ryan Safty, Project Planner, Town of Los Gatos
RE: 400 Surmont Drive Development, Public Hearing Scheduled for November 21, 2002
DELIVERED SUNDAY 11/20/2022 VIA EMAIL: PLANNINGCOMMENT@LOSGATOSCA.GOV
NOTE: DEADLINE FOR SUBMISSION PER GREEN MEETING NOTICE IS MONDAY 11.21.22 11AM
TO: Mr. Ryan Safty and Members of the Town of Los Gatos Planning Commission ;
We are writing to place into the public record our family’s PUBLIC COMMENTS. Please
see the following letter delivered via email to the PLANNING COMMISSION for consideration at
the public hearing on Monday, November 21st, 2022 at 7pm.
Specifically, we believe the developer’s plans for 400 Surmont Drive do not align with
the requirements, objectives, and goals of the Town of Los Gatos Hillside Development
Standards & Guidelines approved by the Town Council in 2004.
We also believe the developer’s actual plan, as defined by Story Poles now in place and
described in the Updated Revised Letter of Justification and Description dated August 9, 2022,
is highly inconsistent with what was communicated to neighbors dating back to August 2020.
The current plan and elements under consideration by the PLANNING COMMISSION should be
rejected, included the 3 items listed here:
1. Construction of Shared Driveway
2. Two New Single-Family Residences to Exceed Maximum Height for Visible Homes in
the Hillsides
3. Grading Permit on Vacant Property Zoned HR-2 ½, APN 527-20-003
We support a fair minded, reasonable development, but only a plan that meets the
town’s baseline and is safe and appropriate, matching or exceeding existing standards and
guidelines without exception.
Overview Details:
After reviewing the materials provided by the developer by mail (August 2000) to our
family as a “neighbor” and then reviewing additional documents subsequently uploaded by the
developer and 3rd parties working on behalf of the developer, we find that many of the original
promised attributes/details of the development have changed for the worse and ask the
Planning Commission to review/reject all of the proposal elements and waivers until changes
are made by the developer for reasons that include:
1. Open Space Views and Requirements Not Supported by Home Locations/Designs
2. Change from Single Story to Multi Story Requiring Waiver on Maximum Height
3. Safety and Access Hazards Due to Lack of Promised Generous Setbacks
The developer’s new waiver/permit requests demonstrate that the project DOES NOT
meet a baseline standard to move forward and should not be given any waivers or exceptions
to the town’s standards and guidelines for hillside development.
An immediate example that negatively impacts public good at large and the Town of Los
Gatos can be seen in the photo below, taken from the defined town Viewing Platform, of the
installed Story Poles. Homes stand out and are obvious to the naked eye (photo in 50mm focal
length), with one entire home is 100% visible and the second at least 80% visible.
Oddly, the photo in the Visibility Study provided by TS Civil Engineering in the Updated
Visibility Study document purported to be taken from the town’s Viewing Platform does not
represent the reality of the scene. The photo (50mm focal length from LG-Almaden and Selinda
Way) is not from Viewing Platform and camera is directed at the ground rather than the hillside
Story Pole locations. This is clear case of incorrect documentation.
Additionally, it’s particularly problematic to us that the civil engineer report(s) devalue
the Town of Los Gatos Hillside Standards and Guidelines, stating/implying they are archaic,
bogus, and should be invalidated, using the term “illogical aberrations” and apparently not
worthy of the developer’s consideration or concern. See actual final paragraph:
“It should be noted that somehow the good intentions of the Hillside Specific Plan
visibility policies related to only “ridgeline projection” have evolved over 40 years to now
require “invisible residences,” The proposed residences are neither unsightly nor obtrusive,
and the original staff who developed these policies in the 1980s would be disappointed about
the present illogical aberrations…”
The developer and civil engineer should not be permitted to submit false or misleading
information to fit their preferred narrative while disregarding the Town of Los Gatos Hillside
Standards and Guidelines (which exist for all residents and the public good at large).
Additional Concerns:
HILLSIDE STABILITY AND DRAINAGE: Additional impacts to the public good and the
neighborhood directly below 400 Surmont Drive that we believe should be addressed by the
Planning Commission include changes of hillside integrity and stability. New grading permit for
this development will absolutely affect changes to existing hillside open space. Unintended
consequences that include potential for change to water runoff, altered drainage flow,
increased chance of mudslide and instability, and even expanding possibility of flash flood
(especially if/when the minimal existing drainage areas / culvert become blocked or collapse).
WILD FIRE DANGER AND DRIVEWAY ACCESS: We believe the proposed home locations
and development of this hillside open space property as currently designed, increase the
chance of major fire events and reduce the ability of emergency first responders to access and
fight wildfire. The proposed shared driveway is a specific concern as the maximum space
available is apparently limited to only 12 feet width and required fire equipment turning radius
appear uncertain from plans (with construction of driveway between proposed walls, drainage
culvert, and property line). Should the driveway be blocked by parked vehicle(s) there is no
chance that fire engine could access up the hillside or even as far as the two proposed homes.
That inability to fight a fire means a far greater chance that a fire will spread to the
neighborhoods below 400 Surmont Drive and beyond.
WILDLIFE HABITAT AND INVASIVE AFFECTS: The positive aspects of wildlife in our
neighborhood have already been impacted by hillside development activities. And unintended
consequences have appeared including present in prior 24 months of dangerous animals being
pushed into existing neighborhood because of development work. Ra ttlesnakes are now
commonplace despite fact we’ve never seen a rattlesnake on our property before August 2020.
Rodents too have infiltrated down the hillside and become problematic for the first time in over
20 years.
PROBLEMATIC LOGISTICS OF GARBAGE COLLECTION: The existing street design creates
a significant amount of garbage can congestion two days a week (Thursday and Friday) when a
large number of family homes place their garbage cans (organic, recycling, and regular garbage)
in a very small area at and near the intersection of Surmont Drive and Surmont Court. Because
existing and proposed hillside homes have no curbside, the existing access and visual nuisance
will be made worse with large volume of new cans.
HILLSIDE VIEW TO RIDGELINE FROM : As final photo submission
confirms, our family loses a significant portion of the ridgeline view we’ve enjoyed in the 23
years we’ve lived in our home. Height waiver should not be granted for this reason as well.
Photo above taken from deck at 50mm focal length from
Thank you for your attention and consideration to the issues we’ve raised in this letter.
Sincerely,
Todd and Cindy Osborne
Los Gatos, CA 95032
Wednesday, January 11, 2023
TO: Ryan Safty and Members of the Town of Los Gatos Planning Commission
RE: 400 Surmont Drive Development
I hope this letter finds you all doing well.
We, the homeowners of , ask that the current application for
the development at 400 Surmont Drive by denied on the basis that the proximity
of the proposed house on parcel #1 is an invasion of our privacy.
We had planned at this evening’s meeting to ask the town for the same courtesy
of privacy screening (tree and shrubs) that our neighbors to the east are receiving
from the developer, but we have learned recently that that would be prohibited
due to the Fire Defensible Space regulations. The proposed house on parcel #1
would sit exactly 20 feet from our property, and the FDS requires a minimum of
30 feet of open space. Therefore, the developer would be unable to plant any
trees or bushes to protect our home from the almost 5,000 square foo t house.
We respectfully ask that the house on Parcel #1 be moved to a distance of at least
30 feet from our property line so that the developers can plant trees and shrubs
to protect our privacy.
Our further grievance with this whole project is based on the developer’s
misrepresentation of what they were going to do and where they were going to
place these houses. The original proposal states: “...both houses
are planned to be one-story with generous setbacks and floor plans that nestle
into the hillside terrain.”
This following image was presented to the town and to the neighbors indicating
where the houses would approximately be placed:
Instead, this is what we’re all dealing with today: All three houses stacked on top
of one another!
And, as the story polls show, this is what we at are stuck with
today!
Again, Thank you for your time with this very important matter.
Respecfully,
Paul Cosentino
Tuesday, January 11, 2023
TO: Ryan Safty and Members of the Town of Los Gatos Planning Commission
RE: 400 Surmont Drive Development
I hope this letter finds you all doing well.
I have some news regarding the garbage can issue that I’ve written to you about for the past
few years.
I was finally able to ascertain accurate and complete information directly from the district
manager at West Valley Collection & Recycling, Virginia Palafox. I met with Ms. Palafox last
Friday at her offices downtown, along with Matt Chapa, and they explained to me that WVC&R
can neither guarantee nor can anyone within her office “assure” anyone that they will pick up
garbage on the proposed private driveway hammerhead for the new development at 400
Surmont Drive.
The reason for this is that WVC&R will only guarantee servicing houses on public roads. They
will, however, service private roads and driveways if and only if they obtain written permission
from each homeowner currently living on the private road. If just one homeowner does not
sign WVC&R’s private road agreement – no matter how many houses reside on any given
private road/driveway do sign — they will not service any of the houses.
This means that it IS possible that Surmont Drive, Surmont Court, and even Westhill Drive could
be inundated with 10 to 14+ extra garbage cans from the development at 400 Surmont Drive.
And, in addition, with the sale and development of the Bates’ 10-acer property at 401 Surmont
Drive, there could be another 7 to 14+ cans put out onto Surmont Drive. I make these
statements because it is quite possible that these new future homeowners may not want a
garbage truck munching up their private driveways every week, and they may choose to have
their cans brought down to the street, just as is the case currently with Sandy Anderson at 400
Surmont Drive (see attached photo of typical Friday morning on Surmont Drive).
Therefore, once again, I propose that the best remedy to this situation is to work out with the
developer extending Surmont Drive (just as we did when we built our home). This would
provide the space needed to properly service these new houses, and avoid causing any future
irreversible garbage can chaos to the neighborhood.
Thank you for your time with this very important matter.
Paul Cosentino