Staff Report with Exhibits 1 through 12.220 Belgatos Rd
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/22/2025
ITEM NO: 3
DATE: January 17, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Development Review Committee Decision Approving
a Subdivision of One Lot into Two Lots on Property Zoned R-1:10. Located at
220 Belgatos Road. APN 527-25-005. Subdivision Application M-24-011.
Categorically Exempt Pursuant to CEQA Guidelines Section 15315: Minor Land
Divisions. Property Owner: Union School District. Applicant: Robson Homes,
LLC. Appellant: Mary Cangemi. Project Planner: Jocelyn Shoopman.
RECOMMENDATION:
Deny the appeal of a Development Review Committee decision approving a subdivision of one
lot into two lots on property zoned R-1:10, located at 220 Belgatos Road, finding that none of
the reasons for denying a proposed subdivision as set forth in Government Code Section 66474
are present.
PROJECT DATA:
General Plan Designation: Public
Zoning Designation: R-1:10
Applicable Plans & Standards: General Plan
Existing Parcel Size: 9.10 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:10
South Residential Low Density Residential R-1:10
East Residential Low Density Residential R-1:10
West Residential Low Density Residential R-1:10
PAGE 2 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15315: Minor Land Divisions. The project
proposes to subdivide one lot into two lots. No development is proposed at this time.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions.
▪ As required by Section 66474 of the Subdivision Map Act.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject parcel is 9.10 acres and located south of Blossom Hill Road, situated between
Belgatos Road and Belvue Drive (Attachment 1). The property was previously occupied by
Mirassou Elementary School which closed in 1989. Presently, the site is leased by the Union
School District to the Stratford School and Bright Horizons Preschool.
The application proposes to subdivide the 9.10-acre property into two lots, resulting in an
approximate 4.3-acre parcel (Parcel A) and an approximate 4.8-acre parcel (Parcel B). The
existing school uses would remain on Parcel B. No development is proposed with this
application.
On June 10, 2024, the applicant submitted a Subdivision application to subdivide one lot into
two lots.
On October 23, 2024, the Planning Commission continued a request for a Subdivision of one lot
into two lots and a General Plan Amendment to change the land use designation of Parcel A
from Public to Low Density Residential to a date uncertain to allow for the environmental
review to be completed. The applicant chose to pause processing of the General Plan
Amendment application in order for the application to be processed concurrently with a future
Architecture and Site application and to proceed only with the Subdivision application. At this
time, an Architecture and Site application for the subject property has not been submitted to
the Town.
PAGE 3 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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Pursuant to Section 29.20.745(13) of the Town Code, the Development Review Committee
(DRC) shall determine and issue zoning approval for minor subdivisions of land consisting of
four lots or less.
On December 10, 2024, the DRC approved the Subdivision application (Exhibit 7).
On December 20, 2024, the decision of the DRC was appealed to the Planning Commission
(Exhibit 8).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject parcel is located south of Blossom Hill Road, situated between Belgatos Road
and Belvue Drive (Exhibit 1). The surrounding properties are low density single-family
residences.
B. Project Summary
The applicant is proposing to subdivide one lot into two lots at the property located at 220
Belgatos Road.
C. Zoning Compliance
The proposed lot configurations would comply with the minimum lot size, lot depth, and
setback requirements for the R-1:10 zone.
DISCUSSION:
A. Subdivision Analysis
The application is proposing to subdivide the 9.10-acre property into two lots, resulting in
an approximate 4.3-acre parcel (Parcel A) and an approximate 4.8-acre parcel (Parcel B).
Parcel A and Parcel B as proposed by the Subdivision application are both in compliance
with the minimum requirements as described in the table on the following page. No
development is proposed at this time.
PAGE 4 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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Lot Area Lot Frontage Lot Depth
R-1:10 Requirements 10,000 sf 80 feet 100 feet
Parcel A 186,242 sf 223.6 feet along Belgatos Road
and 155 feet along Belvue Drive 774 feet
Parcel B 210,269 sf 375.6 feet along Belgatos Road
and 351.5 feet along Belvue Drive 712 feet
B. Development Review Committee
On December 10, 2024, the DRC found that the Subdivision application was in compliance
with the Town Code and Subdivision Map Act (SMA). Based on the findings, the DRC
approved the proposed project, subject to the conditions of approval (Exhibit 3). Written
public hearing notices were sent to surrounding property owners and occupants within 300
feet of the subject property.
C. Appeal to Planning Commission
On December 20, 2024, the decision of the DRC to approve the Subdivision application was
appealed to the Planning Commission by an interested person (Exhibit 8). On the appeal
form, the appellant states the following reasons, listed below, why the appeal should be
granted. Additional correspondence after the filing of the appeal was provided by the
appellant and is included in Exhibit 9. A response to the appeal was provided by the
applicant and is included as Exhibit 10, as well as a response to the additional
correspondence provided by the appellant in Exhibit 11. A summary of the specific reasons
listed in the appeal form are provided below as verbatim excerpts, followed by the
applicant’s verbatim response in italic, and staff’s response.
1. Protect open space.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The existing General Plan land use designation for the property is Public.
The Public land use designation identifies public facilities in the Town such as the Civic
Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations. The
subject property does not have a land use designation of Open Space.
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SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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2. Town policies protect open space.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property has a General Plan land use designation of Public. The
Public land use designation identifies public facilities in the Town such as the Civic Center,
courthouse, schools, parks, libraries, hospitals, churches, and fire stations. The subject
property does not have a land use designation of Open Space.
3. Potentially part of community center like Campbell.
Applicant’s Response: There is an existing community center within the immediate
neighborhood via the Belwood HOA's actively managed and well sized recreation facility
called the Cabana Club. This facility includes indoor gathering/meeting rooms, picnic/BBQ
pits, pool facilities, bocce courts, basketball court and regularly scheduled youth organized
sporting events and club organized/holiday festivities. This community center is walking
distance to the property.
Staff Response: Staff has not received direction from the Town Council regarding a
community center on this site that would prevent the property owner from proceeding with
a Planning application.
4. General Plan amendment required and Town Council approval should be required.
Applicant’s Response: A General Plan Amendment is not required for this application, nor is
Town Council approval. Approval of an application to change the land use for housing could
require a General Plan Amendment. The subject property is-zoned Public/Quasi-Public in the
Town's General Plan because of its historical use as a School District Facility location. The
property is the former Mirassou School site, which closed in 1979 and was identified as
Surplus Land in 1980. The field portion of the property has not been accessible to the public
for many years, and it no longer serves a functional or financial purpose for the School
District. General Plan Policy LU-7.1 allows for the "redevelopment of unused school sites
commensurate with the surrounding residential neighborhood and availability of services."
The surrounding uses of the property are residential.
Staff Response: The proposal for a Subdivision application to subdivide one lot into two lots
does not require a General Plan amendment. Should an Architecture and Site application
PAGE 6 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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for development of the property be submitted in the future, a General Plan amendment
would be required. No development is proposed at this time.
5. Kids need a place to play and adults to walk.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property is owned by the Union School District and has a
General Plan land use designation of Public. The subject property does not have a land use
designation of Open Space.
6. Obesity a national problem.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property is owned by the Union School District and has a
General Plan land use designation of Public. The subject property does not have a land use
designation of Open Space.
7. Mental health benefits.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property is owned by the Union School District and has a
General Plan land use designation of Public. The subject property does not have a land use
designation of Open Space.
PAGE 7 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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8. $4.5 million homes fill not great need in Los Gatos.
Applicant’s Response: There are no homes proposed in this application. A housing proposal
will be subject to separate discretionary review by the Town, including application of the
Town's Affordable Housing Policies.
Staff Response: The proposal is for a Subdivision application to subdivide one lot into two
lots. No development is proposed at this time.
9. Land donated by developer.
Applicant’s Response: The Union School District is the landowner.
Staff Response: The Union School District and Robson Homes entered into an agreement to
have the District dedicate the subject property to Robson Homes in exchange for Robson
Homes to dedicate a property to the District pursuant to Education Code Section 17536 et
seq.
10. School district can get money from parcel tax.
Applicant’s Response: Exchanging District property for other valuable assets through a
Property Exchange Agreement (PEA) is a legally recognized and fiscally responsible way for a
School District to monetize their property assets. A Parcel Tax is restricted money for very
specific purposes, while income generated from an exchange process can be used to support
all educational purposes. In this case, the District is exchanging an unutilized piece of
property for an income producing property that will provide ongoing funding for schools,
teachers and students. The statutory provisions that govern the PEA are codified in
Education Code section 17536 et seq. Specifically, section 17536 of the Education Code
authorizes the District's Governing Board ("Board") to exchange any of its real property
interests for that of another person or private business firm upon such terms and conditions
as the Parties may agree, and in accordance with the procedural requirements of Education
Code section 17536 et seq. A property exchange under these provisions can be made without
complying with any other provisions contained in the Education Code, so long as the school
district's governing board approves the property exchange by a two-thirds vote in favor of a
resolution declaring the intention to exchange real property. (See Ed. Code, §§ 17536,
17537.) In this case, the PEA was adopted by unanimous vote of the Board in accordance
with the property exchange statutes.
Staff Response: The subject property is owned by the Union School District, who has
entered into an exchange agreement with Robson Homes pursuant to Education Code
Section 17536 et seq.
PAGE 8 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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D. Revised Conditions of Approval
Exhibit 4 contains revised recommended conditions of approval for the project, based on
proposed modifications to condition #13 by the Engineering Division to add additional
clarity to the required improvements to be installed by the applicant.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions. The project proposes to subdivide one lot into two lots. No development is
proposed at this time.
PUBLIC COMMENTS:
A summary of the applicant’s neighborhood outreach is included as Exhibit 6. Written notice of
the DRC public hearing was sent to neighboring property owners and occupants within 300 feet
of the subject property. Following the appeal, written notice of the Planning Commission
hearing was sent to neighboring property owners and occupants within 300 feet of the subject
property. At the time of preparation of this report, no additional public comment has been
received.
CONCLUSION:
A. Summary
The applicant is requesting approval of a Subdivision application to subdivide one lot into
two lots on property located at 220 Belgatos Road. No development is proposed with this
application. None of the findings from Section 66474 of the SMA could be made to deny the
application (Exhibit 2).
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal, uphold the decision of the DRC, and approve the Subdivision application:
1. Make the finding that the proposed project is categorically exempt pursuant to the
adopted Guidelines for the Implementation of the California Environmental Quality Act,
Section 15315: Minor Land Divisions (Exhibit 2);
2. Make the required findings as required by Section 66474 of the Subdivision Map Act
(Exhibit 2); and
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SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
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3. Approve Subdivision application M-24-011 with the revised conditions contained in
Exhibit 4 and the project plans in Exhibit 12.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Deny the appeal and approve the application with additional and/or modified
conditions;
3. Grant the appeal and remand the application to the DRC with direction for revisions; or
4. Grant the appeal and deny the Subdivision application.
EXHIBITS:
1. Location Map
2. Required Findings
3. Conditions of Approval
4. Revised Recommended Conditions of Approval
5. Project Description
6. Summary of Neighborhood Outreach
7. December 10, 2024, Development Review Committee Meeting Minutes
8. Appeal of the Development Review Committee
9. Supplemental Correspondence from the Appellant
10. Applicant’s Response to Appeal
11. Applicant’s Response to Supplemental Correspondence from the Appellant
12. Project Plans
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)- Updated 08-23-23 to link to "Town Assessor Data" (sm)
EXHIBIT 1
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PLANNING COMMISSION – January 22, 2025
REQUIRED FINDINGS & CONSIDERATIONS FOR:
220 Belgatos Road
Subdivision Application M-24-011
Requesting Approval for Subdivision of One Lot into Two Lots on Property Zoned R-
1:10. APN: 527-25-005. Categorically Exempt Pursuant to CEQA Guidelines Section
15315: Minor Land Divisions.
Property Owner: Union School District
Applicant: Robson Homes, LLC.
Project Planner: Jocelyn Shoopman
FINDINGS
Required findings for CEQA:
■ That there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental Quality
Act, Section 15315: Minor Land Divisions.
Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if
any of the following findings are made: None of the findings could be made to deny the
application.
Instead, the Planning Commission makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan.
b. That the design of the proposed subdivision is consistent with all elements of the
General Plan.
c. That the site is physically suitable for the type of development.
d. That the site is physically suitable for the proposed density of development.
e. That the design of the subdivision is not likely to cause substantial environmental
damage nor substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision is not likely to cause serious public health problems.
g. That the design of the subdivision will not conflict with easements, acquired by the
public at large, for access through or use of, property within the proposed subdivision.
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EXHIBIT 2
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PLANNING COMMISSION – January 22, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
220 Belgatos Road:
Subdivision Application M-24-011
Requesting Approval for Subdivision of One Lot into Two Lots on Property Zoned R-
1:10. APN: 527-25-005. Categorically Exempt Pursuant to CEQA Guidelines Section
15315: Minor Land Divisions.
Property Owner: Union School District
Applicant: Robson Homes, LLC.
Project Planner: Jocelyn Shoopman
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. CONFORMANCE WITH CODE. No part of this approval shall be construed to permit a
violation of any part of the Code of the Town of Los Gatos.
4. COMPLIANCE WITH LOCAL, STATE, and FEDERAL LAWS. The subject use shall be
conducted in full compliance with all local, state, and federal laws.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
6. General: The Owner, Applicant and/or Developer shall comply with all Town, County,
State and Federal laws and regulations applicable to this land division.
7. Per Town Code Chapter 22: Every building where persons reside, congregate or are
employed, which abuts a street or alley in which there is an approved public sanitary
sewer, or which is within two hundred (200) feet of an approved public sanitary sewer,
provided a right-of-way can be obtained, and if possible grade is present, shall be
EXHIBIT 3
connected to the sewer, by the owner or agent of the premises, in the most direct
manner possible, and with a separate connection for each home or building.
8. Grading: Any grading work, cut/fill, earthwork or combination thereof (completed or
proposed on submitted plans) on the resultant parcels over the upcoming two-year
period are combined with regards to grading permit thresholds.
9. Stormwater Management: The subdivision shall comply with the requirements of the
Town's National Pollution Discharge Elimination System Permit as implemented by
Chapter 22 of the Los Gatos Municipal Code, and as demonstrated by a grading and
drainage plan prepared by a registered civil engineer.
10. Utility Providers: The requirements of the parcel’s utility providers shall be satisfied
prior to recordation of a parcel map.
11. Final Map: a final map shall be recorded prior to the issuance of any grading or building
permits. The Applicant/Developer/Subdivider shall provide the Engineering Division with
an electronic copy (in PDF format) of the signed recorded map along with a CAD drawing
of the Parcel Map after it is recorded.
12. Title Report: The applicant shall provide a recent title report (within 90 days of parcel
map submittal date). The pdf report must be complete with all recorded documents
related to the parcel and/or active links to recorded documents. Please submit a letter
from the County Auditor, and from the Town Auditor, each certifying that according to
the records of such auditor's office there are no liens against the subdivision or any part
thereof for unpaid State, County, Municipal or local taxes or special assessments not yet
payable, and as to the latter the subdivider shall submit a statement by each proper
officer giving the estimate of the amount of taxes and assessments which are in lien, but
which are not yet payable.
13. Required Improvements: The following improvements shall be installed by the
Developer, with problem areas to be determined by the Town Engineer. Plans for those
improvements shall be prepared by a California registered civil engineer, reviewed and
approved by the Town, and guaranteed by contract, Faithful Performance Security and
Labor & Materials Security before the issuance of any grading or building permits or the
Town approval and recordation of a map. These improvements shall include, but are not
limited to:
a. Belgatos RoadBelvue Drive (along school and project frontage)and.
i. Installation of curb, gutter and sidewalk. Applicant shall repair/install curb, gutter,
and sidewalk, as needed.
ii. Remove and replace the existing pavement with a traffic-appropriate engineered
structural pavement section or alternative pavement rehabilitation measure as
approved by the Town Engineer. Full width 2” grind and overlay pavement
restoration.
b. Belgatos Road (along school and project frontage).
i. Applicant shall repair/install curb, gutter, and sidewalk, as needed.
iii.ii. Full width 2” grind and overlay pavement restoration.
14. Sec. 24.40.020 Agreement to Install: In lieu of completion prior to approval of final map.
(a) If any subdivision improvement is not completed to the satisfaction of the Town
Engineer before the final map is recorded or filed, the subdivider shall, prior to the
approval by the Town Council of the final map, enter as contractor into an agreement
with the Town whereby, in consideration of the acceptance by the Town of some or all
the dedications offered on the final map and the approval of the final map, the
subdivider, as such contractor, agrees to furnish all necessary equipment and material
and to complete such work within the time specified in such agreement. (b) Such
agreement may provide for the improvements to be installed in units, for extensions of
time under specified conditions or for the termination of the agreement upon a
reversion of the subdivision or a part thereof to acreage.
15. Performance Bond or Cash Deposit Required: (a) The agreement referred to in section
24.40.020 shall be accompanied by a faithful performance bond guaranteeing the
faithful performance of the agreement or contract, in a sum equal to one hundred (100)
percent of the total estimated cost of the improvements (including design engineering
and inspection costs), together with an additional bond securing payment to the
contractor, subcontractors and to persons renting equipment to the contractor,
subcontractors and to persons renting equipment or furnishing labor or materials to
them for the improvements, also in a sum equal to one hundred (100) percent of the
total estimated cost of the improvements. (b) In lieu of any faithful performance bond
required by this section the subdivider may deposit with the Town Council a sum of
money equal to the required amount of such bond as security for the faithful
performance thereof. Please submit a letter from the County Auditor, and from the
Town Auditor, each certifying that according to the records of such auditor's office there
are no liens against the subdivision or any part thereof for unpaid State, County,
Municipal or local taxes or special assessments not yet payable, and as to the latter the
subdivider shall submit a statement by each proper officer giving the estimate of the
amount of taxes and assessments which are in lien, but which are not yet payable.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
16. Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan
review to determine compliance with adopted model codes. Prior to performing any
work, the applicant shall make application to, and receive from, the Building
Department all applicable construction permit.
17. This review shall not be construed to be an approval of a violation of the provisions of
the California Fire Code or of other laws or regulations of the jurisdiction. A permit
presuming to give authority to violate or cancel the provisions of the fire code or other
such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].
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PLANNING COMMISSION – January 22, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
220 Belgatos Road:
Subdivision Application M-24-011
Requesting Approval for Subdivision of One Lot into Two Lots on Property Zoned R-
1:10. APN: 527-25-005. Categorically Exempt Pursuant to CEQA Guidelines Section
15315: Minor Land Divisions.
Property Owner: Union School District
Applicant: Robson Homes, LLC.
Project Planner: Jocelyn Shoopman
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. CONFORMANCE WITH CODE. No part of this approval shall be construed to permit a
violation of any part of the Code of the Town of Los Gatos.
4. COMPLIANCE WITH LOCAL, STATE, and FEDERAL LAWS. The subject use shall be
conducted in full compliance with all local, state, and federal laws.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
6. General: The Owner, Applicant and/or Developer shall comply with all Town, County,
State and Federal laws and regulations applicable to this land division.
7. Per Town Code Chapter 22: Every building where persons reside, congregate or are
employed, which abuts a street or alley in which there is an approved public sanitary
sewer, or which is within two hundred (200) feet of an approved public sanitary sewer,
provided a right-of-way can be obtained, and if possible grade is present, shall be
EXHIBIT 4
connected to the sewer, by the owner or agent of the premises, in the most direct
manner possible, and with a separate connection for each home or building.
8. Grading: Any grading work, cut/fill, earthwork or combination thereof (completed or
proposed on submitted plans) on the resultant parcels over the upcoming two-year
period are combined with regards to grading permit thresholds.
9. Stormwater Management: The subdivision shall comply with the requirements of the
Town's National Pollution Discharge Elimination System Permit as implemented by
Chapter 22 of the Los Gatos Municipal Code, and as demonstrated by a grading and
drainage plan prepared by a registered civil engineer.
10. Utility Providers: The requirements of the parcel’s utility providers shall be satisfied
prior to recordation of a parcel map.
11. Final Map: a final map shall be recorded prior to the issuance of any grading or building
permits. The Applicant/Developer/Subdivider shall provide the Engineering Division with
an electronic copy (in PDF format) of the signed recorded map along with a CAD drawing
of the Parcel Map after it is recorded.
12. Title Report: The applicant shall provide a recent title report (within 90 days of parcel
map submittal date). The pdf report must be complete with all recorded documents
related to the parcel and/or active links to recorded documents. Please submit a letter
from the County Auditor, and from the Town Auditor, each certifying that according to
the records of such auditor's office there are no liens against the subdivision or any part
thereof for unpaid State, County, Municipal or local taxes or special assessments not yet
payable, and as to the latter the subdivider shall submit a statement by each proper
officer giving the estimate of the amount of taxes and assessments which are in lien, but
which are not yet payable.
13. Required Improvements: The following improvements shall be installed by the
Developer, with problem areas to be determined by the Town Engineer. Plans for those
improvements shall be prepared by a California registered civil engineer, reviewed and
approved by the Town, and guaranteed by contract, Faithful Performance Security and
Labor & Materials Security before the issuance of any grading or building permits or the
Town approval and recordation of a map. These improvements shall include, but are not
limited to:
a. Belvue Drive (along school and project frontage).
i. Applicant shall repair/install curb, gutter, and sidewalk, as needed.
ii. Full width 2” grind and overlay pavement restoration.
b. Belgatos Road (along school and project frontage).
i. Applicant shall repair/install curb, gutter, and sidewalk, as needed.
ii. Full width 2” grind and overlay pavement restoration.
14. Sec. 24.40.020 Agreement to Install: In lieu of completion prior to approval of final map.
(a) If any subdivision improvement is not completed to the satisfaction of the Town
Engineer before the final map is recorded or filed, the subdivider shall, prior to the
approval by the Town Council of the final map, enter as contractor into an agreement
with the Town whereby, in consideration of the acceptance by the Town of some or all
the dedications offered on the final map and the approval of the final map, the
subdivider, as such contractor, agrees to furnish all necessary equipment and material
and to complete such work within the time specified in such agreement. (b) Such
agreement may provide for the improvements to be installed in units, for extensions of
time under specified conditions or for the termination of the agreement upon a
reversion of the subdivision or a part thereof to acreage.
15. Performance Bond or Cash Deposit Required: (a) The agreement referred to in section
24.40.020 shall be accompanied by a faithful performance bond guaranteeing the
faithful performance of the agreement or contract, in a sum equal to one hundred (100)
percent of the total estimated cost of the improvements (including design engineering
and inspection costs), together with an additional bond securing payment to the
contractor, subcontractors and to persons renting equipment to the contractor,
subcontractors and to persons renting equipment or furnishing labor or materials to
them for the improvements, also in a sum equal to one hundred (100) percent of the
total estimated cost of the improvements. (b) In lieu of any faithful performance bond
required by this section the subdivider may deposit with the Town Council a sum of
money equal to the required amount of such bond as security for the faithful
performance thereof. Please submit a letter from the County Auditor, and from the
Town Auditor, each certifying that according to the records of such auditor's office there
are no liens against the subdivision or any part thereof for unpaid State, County,
Municipal or local taxes or special assessments not yet payable, and as to the latter the
subdivider shall submit a statement by each proper officer giving the estimate of the
amount of taxes and assessments which are in lien, but which are not yet payable.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
16. Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan
review to determine compliance with adopted model codes. Prior to performing any
work, the applicant shall make application to, and receive from, the Building
Department all applicable construction permit.
17. This review shall not be construed to be an approval of a violation of the provisions of
the California Fire Code or of other laws or regulations of the jurisdiction. A permit
presuming to give authority to violate or cancel the provisions of the fire code or other
such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item X - 220 Belgatos Rd\Exhibit 3 - Conditions of Approval.docx
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EXHIBIT 5
Applicant:Robson Homes, LLC
Preserve Belwood Board On-going Various in the immediate neighborhood Phone Call/Emails/Meetings President of the Preserve Belwood Community Activist Group which was organized by the neighborhood for communication/information sharing/feedback related to the Project
HOA Board On-going 250+ Members in immediate neighborhood Belwood HOA Clubhouse On-going communication with Board which is discussed at meetings
Chad Walsh 6/20/2024 Phone Call Chad (landlord) currently rents out his home, wanted to discuss ingress/egress alignment with his property driveway/house
Debbie Gary 6/3/2024 Belwood HOA Clubhouse Acting Belwood HOA Board President, shared latest site plan and collected feedback
Daniel Saban 6/3/2024 Belwood HOA Clubhouse Belwood HOA Board Member, shared latest site plan and collected feedback
Ed Nolan 3/26/2024 Email Traffic Light Consideration at Belgatos Road and Blossom Hill - Congested during peak traffic hours, dangerous intersection
Sue Kupka 3/18/2024 Discussed Building Heights, Views and other concerns related to site lines
Darell Kupka 3/18/2024 Discussed Building Heights, Views and other concerns related to site lines
Evan Barth 3/11/2024 Email Member of Preserve Belwood Community Activist Group - Continued feedback on project to keep neighborhood involved
Richard "Rich" Dobner 3/11/2024 Zoom President/Member of Preserve Belwood Community Activist Group - Continued feedback on project to keep neighborhood involved
Tom Sandoval 3/11/2024 Zoom Member of Preserve Belwood Community Activist Group & HOA Board Member - Continued feedback on project to keep neighborhood involved
Erica Osman 3/11/2024 Zoom Member of Preserve Belwood Community Activist Group - Continued feedback on project to keep neighborhood involved
Meeting Attendees 3/8/2024 See below 2/22/2024 attendees list Email Followed up with all meeting attendees (2/22 meeting) and provided email/phone contact information to discuss further concerns
Gary Jones 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Gail Bordi 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Christine Zafiropoulo 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Eleanor Pernovich 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Debbie Gary 2/22/2024 Belwood HOA Clubhouse HOA President - Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Todd Pearson 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Don Chesarek 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Sheila Billings 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
John Shepardson 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Paul Funston 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Tom & Joyce Martin 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Jerry Smith 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Tina Johnson 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Sri Vemulakonda 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Gary Richman 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Karen Owczarczak 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Michelle Heap 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Christine Cipriano 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Ed Nolan 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Sue Kupka 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Shane Jackson 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Karen Logan 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Joey Cheng 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Cynthia Nicosia 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
David Parker 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Evan Barth 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Rich Dobner 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Steve Daniel 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Erica Osman 2/22/2024 Belwood HOA Clubhouse Neighborhood Meeting - Large Attendance, Provided information about project, collected feedback to conceptual site plan
Neighborhood Meeting 2/22/2024 Belwood HOA Clubhouse
All Members of the Belwood HOA which surrounds property, exceeds a 400' radius around the property, where notified by HOA and invited to
attend, the event was well attended and a sign-in sheet was provided. Participants are listed above. Some non-members who live well outside
project also attended and provided feedback. HOA is well organized with central meeting facilities, digital and print communication, as well as frequently updated HOA and Preserve Belwood websites.
Charles Horn 9/5/2023 Discussed project, interested in larger development footprint
Darrell and Susan Kupka 9/13/2023 Initial outreach related to project, lives adjacent to property, met at their home
Michelle & Frank Galligan 9/13/2023 Discussed Project, building heights, number of lots
Gail Bordi 9/13/2023 Discussed Project, number of lots, etc.
Santosh Talli 9/13/2023 Discussed Project and Trees
Various neighbors 8/30/2023 Initial outreach, discussing questions and comments post August 25th meeting
Deborah Gary 8/31/2023 Belwood HOA Clubhouse Toured Club House facilities to better understand HOA participation, identify meeting locations that could accommodate a large group of people
Alba Levitas 8/29/2023 Initial outreach, discussing questions and comments post August 25th meeting
Cynthia Nicosia 8/29/2023 Initial outreach, discussing questions and comments post August 25th meeting
Various neighbors 8/29/2023 All along Belwood & Westhill (Door-Knocking)Initial outreach, discussing questions and comments post August 25th meeting
Various neighbors 8/25/2023 Union School District Meeting Presentation to the District of proposed plan with various neighbors present
Neighborhood Outreach - Not Met with or Did not Sign-in/identify themselves at Neighborhood Meeting
Various neighbors If not listed above Outreach has been extensive, with both in-person meetings, meetings at homes, phone calls, door-to-door reach out, virtual zoom meetings and
well attended neighborhood organized meetings located in the immediate neighborhood and meetings held at our office in San Jose. Neighbors
that did not participate are assumed to have no comment to the project. We have provided personal email and phone numbers at all of these
meetings for easy access to the development team, including Mark Robson, President of Robson Homes, and Jack Robson, Project Manager.
Meeting Location Purpose
220 Belgatos Road, Los Gatos, CA 95032
Neighborhood Outreach
Name (First, Last)Date Neighbor's Home Address
EXHIBIT 6
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
DEVELOPMENT REVIEW COMMITTEE REPORT
MINUTES OF THE DEVELOPMENT REVIEW COMMITTEE MEETING
DECEMBER 10, 2024
The Development Review Committee of the Town of Los Gatos conducted a regular meeting on
December 10, 2024, at 10:00 a.m.
ROLL CALL
Present: Sean Mullin, CDD Planning; James Watson, PPW Engineering; and Kenny Ip, SCCFD.
Absent: Robert Gray, CDD Building
MEETING CALLED TO ORDER AT 10:00 AM
VERBAL COMMUNICATIONS None.
CONSENT ITEMS
1.Approval of Minutes – December 3, 2024
MOTION: Motion by James Watson to approve the consent calendar. Seconded by
Kenny Ip.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2.220 Belgatos Road
Subdivision Application M-24-011
Requesting Approval for Subdivision of One Lot into Two Lots on Property Zoned R-
1:10. APN 527-25-005. Categorically Exempt Pursuant to CEQA Guidelines Section
15315: Minor Land Divisions.
Property Owner: Union School District
Applicant: Robson Homes, LLC
Project Planner: Jocelyn Shoopman
The project planner presented the staff report.
EXHIBIT 7
PAGE 2 OF 2 DEVELOPMENT REVIEW COMMITTEE MINUTES OF DECEMBER 10, 2024
N:\DEV\DRC\MINUTES\Min 2024\12-10-24 Minutes - DRC.docx
Opened Public Comment.
Jack Robson, Applicant
We are here today to request a subdivision of one lot into two of the former Mirassou
Elementary School site. The school is currently leased to Stratford preschool. The public school
ceased operations in 1999. The proposal to subdivide the existing lot into two lots would retain
the existing school site on Parcel B and the vacant field on Parcel A.
Closed Public Comment.
MOTION: Motion by James Watson to approve with required findings and
recommended conditions of approval. Seconded by Kenny Ip.
VOTE: Motion passed unanimously.
Appeal rights were recited.
OTHER BUSINESS
None.
ADJOURNMENT
The meeting adjourned 10:07 a.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
December 10, 2024 meeting as approved by the
Development Review Committee.
Prepared by:
________________________________________
/S/ Sean Mullin, AICP, Planning Manager
EXHIBIT 8
LA Now, Could be Los Gatos Soon…
READ STORY
EXHIBIT 9
Question presented:
Should former Mirassou School parcel at 220 Belgatos Road be split in two to set the stage for removal of massive defensible space grass sports fields for 12 4 to 4.5M homes?
•II. SUMMARY ARGUMENT•Grass fields should not be split from school buildings:•1) Buffer zone to stop wildfire. •2) Staging ground for firefighters.•3) Split violates GP as first step to replace open space with homes.•4) SHS removed artificial turf & County considering this month. •5) Potential community center by purchasing land at 25% of FMV.
•TOP TOWN PRIORITY:
• PROTECT AGAINST
DEVASTATING WILDFIRES.
From Oakland to Saratoga, Los Angeles infernos are a reminder of Bay Area’s wildfire vulnerability
1/12/25
6,622 properties properties in Los Gatos that have some risk of being affected by wildfire over the next
30 years. This represents 58% of all properties in Los Gatos.
From LG’s GP
From LG’s GP 9.2 Urban and Wild Fire Hazards
The Town must therefore
strongly incorporate
fire hazard mitigation into
its land use decisions…
LG’s GP
9.2 Urban and Wildland Fire Hazards
Santa Clara County, including Los Gatos, has a high potential for
devastating wildland fires…strong land use policies and
mitigation measures are necessary to protect the health and safety
of residents, minimize the loss of life, and minimize property damage and
damage to infrastructure. (emphases added)
•Defensible Space
•First first line of defense for your home against wildfire.
•NO FUEL; NO FIRE
•NO FUEL IN SPORTS FIELDS
LOSS OF BUFFER ZONE & STAGING AREA
Burned remains of Paradise Elementary school on Nov. 9, 2018, in Paradise.
TO FIGHT FIRE 5M GALLONS OF WATER AT
BELGATOS ROAD WATER TANKS BUILT IN 2018.
2018 Built 2 2.5M gallon tensioned concrete reservoirs.
BELGATOS WATER TANKS
KEEP PROPERTY INTACT AS AN ICP
•https://www.caloes.ca.gov/wp-content/uploads/Preparedness/Documents/California-Emergency-Management_A-Guide-for-Districts-and-Sites__Final-05-11-23-2.pdf
CALIFORNIA EMERGENCY MANAGEMENT FOR SCHOOLS:•A Guide for Districts and Sites•An Incident Command Post (ICP) is in or near incident. For a school, ICP is in administrative office, conference room, or front of the school if working with first responders. ICP serves as the initial command post.
•
•NAYLOR ACT: EDUCATION CODE 17485:
•Legislature concerned about loss of playing fields.• Act allows gov agencies to acquire school property to keep playing fields & for recreational and open-space purposes.
•USD USED NAYLOR ACT EXCEPTION WITH A
PROPERTY EXCHANGE.•DENY SPLIT & REQUIRE USD TO OFFER LAND TO
TOWN & COUNTY AT 25% OF FMV.•COMMUNITY CENTER, COMMAND & CONTROL
CENTER, KEEP PLAYING FIELDS & MASSIVE
DEFENSIBLE SPACE.
GRASS FIELDS BENEFIT KIDS
•https://www.unicef.org/armenia/en/stories/necessity-urban-green-space-childrens-optimal-development•Green spaces benefit children’s physical, mental and social
development. •https://www.childhealthdata.org/docs/nsch-docs/california-pdf.pdf•30.5%of California’s children overweight or obese. Percentage
increased since 2003.
https://trending-topics.keenan.com/outside-use-of-school-facilities
•California Education Code encourages school districts to make facilities available for community use.•https://www.cde.ca.gov/ls/fa/sf/ccaregulations.asp#:~:text=The%20Civic%20Center%20Act%20authorizes,civic%20center%2C%20for%20specified%20purposes.•Civic Center Act - Effective January 1, 2025•The Civic Center Act authorizes, and in some instances requires, school district to allow use of school facilities or grounds as a civic center.
•USD failed to maintain
fields for community
benefit.
https://www.nbcbayarea.com/investigations/disposal-school-artificial-turf-field-
environmental-concerns/3747744/
•INVESTIGATIVE UNIT•Disposal of school's artificial turf field
highlights growing environmental
concerns•Santa Clara County Supervisors considering
artificial turf ban on county land.
•LOT SPLIT VIOLATES THE GP:•1) Increases risk of fire damage.•2) Loss of open space and sports fields.•3) Not affordable housing.•4) Development not better for the environment, sustainability or water shed.
CONCLUSION•DENY LOT SPLIT.
WRONG DEVELOPMENT,
AT WRONG PLACE AT
WRONG TIME.
EXHIBIT 10
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January 16, 2025
Jocelyn Shoopman, Senior Planner
Town of Los Gatos
Community Development Department
110 E Main Street
Los Gatos, CA 95030
Re: Response to additional information received January 13, 2025 regarding the December 20, 2024
appeal of the approval of M-24-011 (220 Belgatos Road)
Dear Mrs. Shoopman,
Robson Homes, LLC respectfully confirms receipt of the multi-page PDF package forwarded to us on
January 13, 2025. It is our understanding that Mary Cangemi, the appellant for the December 20, 2024
appeal of the DRC’s approval of application M-24-011, submitted this package as additional information
for her appeal.
Application M-24-011 pertains solely to the subdivision of one lot into two lots at 220 Belgatos Road,
whereas the comments in the PDF pertain to future development of the property. As noted in our
January 9, 2025 response to the appeal, approval to subdivide the property is not approval to proceed
with any specific development project.
A housing proposal for this property will be subject to a separate review by the Town. We will continue to
work with staff and the community to address concerns as we move forward with that process.
Sincerely,
Mark Robson
President, Robson Homes
EXHIBIT 11
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DETAIL A
DETAIL B
LEGEND MAP REFERENCES
ABBREVIATIONS PREPARED FOR:CALIFORNIALOS GATOSCivilEngineeringAssociates••VICINITY MAP
SITE
Belgatos RdHarwood RdBlossom Hill Rd
Los Gatos Almaden Rd
Leigh AveUnion Ave85
----TENTATIVE PARCEL MAP----220 BELGATOS ROAD----TM1
OWNER
DEVELOPER & SUBDIVIDER
ENGINEER
NOTES
BASIS OF BEARINGS
BENCHMARK
TENTATIVE PARCEL MAP
220 BELGATOS ROAD
LOS GATOS CALIFORNIA
EXHIBIT 12
PREPARED FOR:CALIFORNIALOS GATOSCivilEngineeringAssociates••----TENTATIVE PARCEL MAP----220 BELGATOS ROAD----TM2
LEGEND
ABBREVIATIONSNOTES
ABBREVIATIONS
LEGEND PREPARED FOR:CALIFORNIALOS GATOSCivilEngineeringAssociates••----TENTATIVE PARCEL MAP----220 BELGATOS ROAD----TM3