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10 Presentation - Appeal of 15860 Winchester BlvdAppeal of Approval for 15860 Winchester Blvd Project / Application Number: 5-21-008 | U-21-010 | V-21-003 | M-22-008 The variances requested are the result of the project design, not site constraints or topography. Similar three-story buildings in the vicinity do not require variances. 1.Town Council Should Deny Variances 2.Setbacks Should Follow R-M Zoning 3.Height Variances Shown are Misleading 4.Digital Survey Results Page 1 Town Code Sec. 29.20.170 On August 9, the Planning Commission voted 5-2 making the findings to grant the variance request citing topography despite: 1.Another project had already been approved on the exact same property requiring no variances. 2.Town Staff being unable to make the same findings. 3.Other buildings in the vicinity (notably the apartments two properties south at 1025 N Santa Cruz Ave) step down to match the same slope. 4.The project on 400-420 Blossom Hill Road is a three-story assisted living and memory care facility that meets the 35’ height limit. The deciding body, on the basis of evidence submitted at the hearing, may grant a variance if it finds that: 1.Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zone; and 2.The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Page 2 Town Code Sec. 29.20.170 The deciding body, on the basis of evidence submitted at the hearing, may grant a variance if it finds that: 1.Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zone; and 2.The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. If a building was designed for this property and did not require variances for height and lot coverages then the property itself cannot be the issue: 1.Granting this variance would constitute a special privilege for this development Page 3 Building height of 50’ with variance Building height of 35’ above lower of natural or finished grade with no varianceAugust 2017 November 2022 Photos above are from Google Street View, at same location, at the corner of Via Sereno and Winchester Boulevard.Page 4 No Site Specific Issues The Applicant engaged Cushman & Wakefield to complete a market study and analyze the market conditions for the proposed development of the 125 unit, assisted living / memory care facility to be situated on a 1.31-acre parcel of land in Los Gatos. The site description does not indicate any abnormal conditions in the site which would indicate topographical reasons for a variance for building height or coverage. Source: Cushman & Wakefield Western, Inc. Market Study Report, August 3, 2023 Page 5 Assisted Living - Rental Rates Source: Cushman & Wakefield Western, Inc. Market Study Report, August 3, 2023 Page 6 Memory Care Unit - Rental Rates Source: Cushman & Wakefield Western, Inc. Market Study Report, August 3, 2023 Page 7 While the property is zoned Office, the building and intended use are more in-line with a multi-family development. Accordingly, any setbacks should follow residential multi-family zoning. 1.Town Council Should Deny Variances 2.Setbacks Should Follow R-M Zoning 3.Height Variances Shown are Misleading 4.Digital Survey Results Page 8 Zoning Uses Office Zone The following uses are permitted in O zone: ●Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds, and other similar offices characterized by absence of retail sales. ●Retail sales by a pharmacy within a medical building Residential Multi-family Zone The following uses are permitted in a R-M zone: ●Single-family dwelling ●Two-family dwelling ●Small family day care home ●Residential care facility, small family home ●Multiple Family Dwellings and Condominiums Page 9 Greater Zoning Height Limits for Residential Multi-Family Office Zone The maximum height of a principle building in the O zone is 35 feet. (measured from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade). Residential Multi-family Zone The maximum height of a principle building in the RM zone is 30 feet. (measured from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade). If a building has cellar parking the maximum height is 35’. Page 10 Greater Zoning Setbacks for Residential Multi-Family Office Zone ●Front 25’ ●Rear 20’ ●Street side 15’ ●Side 10’ Residential Multi-family Zone ●Front 25’ ●Rear 20’ ●Street side 20’ ●Side, multiple family dwellings 10’ Provided that if the wall facing the side yard contains: ○Bedroom windows 12’ ○Living room windows 20’ Page 11 The requested variances are even more contentious when viewed in context for how far outside the limits the requests go. 1.Town Council Should Deny Variances 2.Setbacks Should Follow R-M Zoning 3.Height Variances Shown are Misleading 4.Digital Survey Results Page 12 50’ - 81,633 sq ft The proposed maximum height is 50’1” and the gross floor area is 81,633 sq ft. Source: Page 3 of the Applicant’s Project Plan Document on file with the Town The proposed height is 42% above the maximum height limit. It is 271% larger than the previous development (30,070 sq ft). Page 13 Previous Project Preserved View of Ridge Page 14 Current Project Completely Obscures View of Ridge Page 15 Variance Areas Shown by Applicant are Misleading The Applicant’s plans do not show the requested height variance areas accurately. The top image shows the variance area above the natural grade from the ground closest to the perspective view. Measuring height is from the lower of natural or finished grade directly below each part of the building. The bottom image implies the entirety of the building is below the maximum height limit, which conflicts with the architectural plans. The Applicant’s plans showing the height variances are misleading and cannot be relied upon. Page 16 Variance Areas Shown by Applicant are Misleading Many of the renderings in the project plan show variance area in the legend but do not represent it on the plans. The image shows a cross-section of the building with the southern portion removed, showing the height of the building above finished grade. The building is four stories and more than 50 ft tall. Failing to show the height variance is misleading. Yellow highlighting added, not present in Applicant’s plans Page 17 Variance Areas Shown by Applicant are Misleading The eastern view the building shows it is over 50’ above finished grade. This variance highlighting was not shown on the submitted plans, though it is defined in the legend. This overlay shows the area that is above the height limit from page 45 of the submitted plans. Yellow highlighting added, not present in Applicant’s plans Page 18 Variance Areas Shown by Applicant are Misleading The south facing wall is three stories, which exceed the zoning requirement of 35’. This building contains both living and bedroom windows, not offices, directly facing south - which for a Residential Multi-family zone would require a setback of 20’ and a height limit of 30’ (reflected in blue highlighting). The balconies and windows on the second and third floor offer views directly into the living rooms and bedrooms in the adjacent University Oaks. The building approved by Town Council in 2017 did not offer such views. Yellow highlighting added, not present in Applicant’s plans Page 19 A link to a digital survey was posted on NextDoor on September 11 and made available to the community. As of 10:00 am on Monday, September 18, seventy-eight (78) individuals responded to the digital survey. Attached is the raw summary of the responses to the survey. The survey was closed on Monday, September 18, 2023 and the survey results are set forth on the following pages. 1.Town Council Should Deny Variances 2.Setbacks Should Follow R-M Zoning 3.Height Variances Shown are Misleading 4.Digital Survey Results Page 20 Of 78 respondents, only 14% support the approved plan. Page 21Survey Results Updated on Monday, September 18, 2023 85% oppose a height variance 82% oppose a lot variance 83% worry traffic is an issue Page 22Survey Results Updated on Monday, September 18, 2023 38% live in the immediate area 29% would’ve joined an information session if offered by the Applicant 8% were invited to an information session by the Applicant 1% believe their input was considered Page 23Survey Results Updated on Monday, September 18, 2023 33% aware of the story poles from 2022 38% thought project on hold or abandoned 24% aware of video exemption to poles Page 24Survey Results Updated on Monday, September 18, 2023 14% saw the video prior to the survey 56% believe video misrepresents height 49% aware building exceeds the height limit Page 25Survey Results Updated on Monday, September 18, 2023 Voices from the Community Page 26Survey Results Updated on Monday, September 18, 2023 “This building is way too big for the current area. It is out of scale and not be fitting the neighborhood. The other size will just create more traffic and parking issues as well as ruining the view of the neighborhood.” “I attended the Planning Commission meeting that approved the variance and felt the comments of myself and fellow neighbors to the construction site were totally ignored and our concerns not addressed.” “Comes right up to front doors of University Oaks Condos…they’ll see into our bedrooms and we’ll see into theirs.” “The height variance is a big deal. This community does so much to maintain the character of the community…trees and etc. Why would they bend on this. I am opposed to this variance. The other thing that concerns me is the traffic flow disruption, extra parking on street, environmental impact for trees and wildlife.” “Such a dense structure is not supported by the recently narrowed Winchester Blvd. This project has inadequate driveway and parking space and will add too much traffic, which is already extremely heavy on Winchester Blvd during school hours, commute hours and on weekends. The development poses numerous traffic safety hazards for elementary school children and the broader community.” Page 27Survey Results Updated on Monday, September 18, 2023 “They make the height limit to keep Los Gatos a town and not a city - it should be followed.” “This will also add a lot of traffic. As is, we can’t get to town during summer as Winchester traffic is horrible.” “It sets a precedence that affect the integrity of our neighborhood for future construction and it is way out of place for the area.” “The Eichlers in Via Sereno are ‘inside-out’ designs with lots of floor to ceiling glass in all rooms including bedrooms and bathrooms. A tall building will allow a view of those private areas from windows and balconies. This is an unacceptable intrusion into the privacy of those houses.” “Essentially disappears from the story post to be a massive project that is under represented in the video. Furthermore, none of it was socialized with neighbors like myself. It’s evident from the story poles that this massive building will block the entire hillside and ridge line which is currently visible from Winchester.” Page 28Survey Results Updated on Monday, September 18, 2023 The variances requested are the result of the project design, not site constraints or topography. Page 29