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9 - Continued (3)SOLAR(SHADOW) STUDY ON 16161 SHORT ROAD -REDUCED HEIGHT RESULTANT SHADOW y m 2 .0 fY N I6 r • k • a • L 0 115 a v v iP1 W 0 v 0 u ''- r-1 r C ' o n U 0 .-1 L Tree Line 15 fl� r DEC 21 @9.00 120 MARY shadow disappears after 20 minutes >-w 0 aCO 01 1 3 E 0 00 Cl CO m m a Q. a 1 -cc a Nj51 N NN. rl "dl ' N rl n— ❑ - J EC 2l 3PM I m0 N Z j ' : 1 SHOKA, PROJECT QAT�? _ L y 7, EXISTING CONDITIONS PROPOSED PROJECT REQUIRED/ PERMITTED Zoning dis'frict R-1:20 same - Land use iisingle family residence same - General PI Designation low density residential same - 3 Lot size (4. ft.) ?. 3 ,9' same 20,000 sq. ft. minimum Exterior mjiterials: • siding („111Lt0 ---°ilUcCo - • trim W OO9 WC)DP - • window:1 (pm - ct<co - • roofing Com?..u100,e- clA -11{,( - Building fhor area: • first floor e 5 3 2,15 . 2 - .),ID • lower IeE}el 0 1, 3 J2. 1, - . cellar . T rl? exempt from floor area • garage ; 072 7So.(6 1,160 sq. ft. maximum Setbacks (f ): • front 1 11 r.5 ' !. ftf' 30 feet minimum • rear E ' - +•(' ± '4' _ 1 o,I 25 feet minimum • side I3' + 'IV 15 feet minimum • side 1-151 1 151 15 feet minimum Maximum hyight (ft.) 1 4 ± Z.C, I 1 30 feet maximum Building coverage (%) 3 % i4. 3 % t 40% maximum Floor Area f atio (%) I • house • 3.6 76 3,511.7 x 1Lt.7 i, 4,752 sq. ft. maximum • garage ; gill '/o. 7So.51 7,2 % 1,160 sq. ft. maximum Parking G` two spaces minimum Tree Removals - canopy replacement Sewer orseatic 5cidcxt_ jE1Aw..:fZ, - N:1DE\MUnuU$516161 S-xnlptj6IItDOC EXHIBIT 10 WN 'F r TOWN OF LOS GATOS I PLANNING COMMISSION STAFF REPORT cos en�oS Meeting Date: June 22, 2011 PREPARED BY: APPLICATION NO.: LOCATION: APPLICANT/ PROPERTY OWNER: CONTACT PERSON: APPLICATION SUMMARY: EXHIBITS: REMARKS: Mami F. Moseley, Associate Planner, AICP mmoseley a,,losgatosca.gov ITEM NO: 4 DESK ITEM Architecture and Site Application S-11-001 16161 Short Road ( West side of Short Road, accessed from a driveway approximately 350 ft. south of Old Blossom Hill Road) John and Elvie Scott Benjamin Guilardi Requesting approval to demolish an existing single family residence and to construct a new single family residence on property zoned R-1:20. APN 523-09-029. 1-11. Previously Submitted 12. Letter from applicant, received June 16, 2011 (one page) 13. Letter from Beth Jendricks, received June 20, 2011 (two pages) 14. Letter from Kirsten Powell, received June 22, 2011 (four pages) 15. Letter from 16171 Short Rd, received June 22, 2011 (two pages) 16. Additional information from applicant, received June 22, 2011 (five pages) 17. Landscaping plans, received June 21, 2011 (two pages) Staff received additional letters of opposition after the distribution of the staff report. In addition, the applicant has submitted additional letters and information to support the proposed design to assist in their presentation of the application. Please note that while the applicant's civil engineer references the Hillside Development Standards and Guidelines, the property is not in the hillside and is not subject to those standards. It has come to the Town's attention that the plans routed with the staff report were missing the landscaping plans (Exhibit 17). It has also come to staff's attention that there is an error on page five of the staff report. The neighborhood analysis chart lists 16207 Short Road as a single story residence, while the residence is actually two stories. ATTACHMENT 2 June 13th,2011 Reference Letter : Greg Shean to Town of Los Gatos dated June8,2011 Dear Concerned Los Gatos Residents, RECEIVED JUN 10 2011 TOWN OF LOS GATOS PLANNING DIVISION This salutation includes us also, which fact escapes some of our erstwhile neighbors. They seem to forget that we also have rights. This is the USA ,and a republic for which it stands. It is important to note that we have diligently attempted to follow the Town's guidelines, and that we have made major modifications to attempt to improve privacy, and lack of bulk as expressed by some of our neighbors. The Town's own architect has strongly supported the design. In order to listen to them, we have met, or attempted to meet most of them over a period of eight months. We have hadjnore than 1O_ eetingswith9ne_of_the_neighbors fwhojhad someissues)_and more than 10 meetings with another who basically had minor problems. We have brought others pies ,to be neighborly and set up visits with everyone who wrote a letter of concern. We have responded to the Town to every letter which has been written. As a result we have made major revisions to our design to help privacy, vigorously cut down trees , and forcefully trimmed others which would as a result improve the views that our neighbors wish to have improved. This, of course, has zero to do with design. We have gone "above and beyond in our drainage design" according to one of the two civil engineers we have employed in the task of making sure that our neighbors have no issues ,such as they had previously with the property. Our business interests normally deal a lot with people and we are well versed in the art of give and take, but when a person such as Mr. Shean demands we do something in writing, which will forever affect our property it is a no go... Actually his request of not building a two story on the small existing building is against Los Gatos Town code for development and so the point is moot. He was clearly unaware of this ruling.. He was quite politely told that the forum to express his dissatisfaction was the Town Planning Council meeting. I told him that if he continued in this manner, not listening to what I had to say, he demanded that we should not be allowed to build a two story house. I asked him to be nice, and civil if not, I regrettably would hang up on him. After repeating it three times I did that. The action that he wanted us to take is supported by the Town code does not allow to build a 2 story guest house and so he will get his wish, and it is a non issue Sincerely, Cry Elvie Scott ffiIBIT 12 Beth Jendricks 119 Hernandez Avenue Los Gatos, CA June 19, 2011 RE: 16161 Short Road Development Plan To the Planning Staff and Commission: RECEIVED JUN 20 Z011 TOWN OF LOS GA T OS PLANNING DIVISION Regarding the development of the lot at 16161 Short Road, I feel compelled to contact you after living next door to 45 Walnut Avenue Los Gatos during its development by the owners, John and Elvie Scott and Benjamin Guiliardi. We were told by John Scott prior to the demolition and new build of 45 Walnut Avenue that he and his wife wanted a smaller home to move into, that they had grandchildren, implied they were down -sizing, etc... My husband was pretty certain that it was not true but was said to make us feel supportive of the project. We did not care either way as everyone has a constitutional right to use his or her property, but it was weird to be Lied to right in the beginning. These are some of the issues we had personal involvement with: 1) The construction was done in the cheapest way possible. The 70-year old poorly constructed foundation remained in place. 2) The workmen came from Watsonville in very dirty, beat -up cars. They ate lunch straight from cans of pinto beans that were left on site. John Scott could often be heard yelling at the workers. 3) John Scott greatly underestimated the cost of building on the permit so as to reduce the building fees. This is cheating and denies Los Gatos its revenue. 4) There was music played loudly which the workers did turn off at my request. Several times I had to go over at 9 and 10 pm and ask the workers to stop making noise. For two Saturdays we had to endure a small backhoe moving dirt from 7am to 8pm. The foreman pretty much disappeared after the shell was built. 5) They painted our fence the color of their choice. We put the fence in on our property 10 years ago and it now has a 3.5 inch bow in the middle onto their property so they used that against us. 6) They put in a curb that was not surveyed to the street (done to their advantage to take more city property) and that did not line up with our curb which was surveyed prior to installation. I had to get the town involved to move it. EXHIBIT 13 LOGAN & POWELL LLP ATTORNEYS AT LAW Robert J. Logan, Of Counsel 16450 Los Gatos Blvd., Suite 1I9 • Los Gatos, CA 95032 • Telephone (408) 402-9542 RECEIVED `a 22 2011 TOWN OF LOS GATOS PLANNING DIVISION • Fax (408) 402-844I • E-mail: info@ioganpoweli.com June 22, 2011 Honorable Chairperson and Planning Commissioners Planning Commission Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 RE: S-11-001-16161 Short Road Dear Honorable Chairperson and Planning Commissioners: This office represents Bob and Lois Mallison (collectively referred to as the "Mallisons"). The Mallisons reside at 120 Mary Way, the property located to the west of the proposed project and most impacted by the height, width and mass of this project. The project as proposed is a 3,511 square foot residence with a 781 square foot garage on an unusually narrow flag lot. The property is approximately 300 feet long but only 70 feet wide. The property is sandwiched between 3 properties on Short Road and 4 properties on Mary Way. As designed, the side yards of the lot will abut the backyards of the properties on Short Road and Mary Way. Due to this unusual configuration, the project has significant visual and privacy impacts on the surrounding neighbors that should not be ignored. THIS PROJECT AS DESIGNED IS CONTRARY TO THE TOWN'S RESIDENTIAL DESIGN GUIDELINES ("GUIDELINES") AND SHOULD NOT BE APPROVED. The purpose of the Guidelines is to "ensure that development is compatible with its surrounding neighborhood." This project fails to comply with the Guidelines in several ways. One overarching principle of the Guidelines is that "Homes will be designed with respect for the views, privacy and solar access of the neighbors." Guidelines 1.4. As is easily seen on the pictures attached hereto as Exhibit A, there was absolutely no respect given to the Mallisons' views of the foothills, privacy or solar access. The Mallisons' view from their backyard and decks will be dominated by the proposed project. This will significantly MellisonFCort/PC-It`9.22.11 EXHIBIT 14 Honorable Chairperson and Planning Commission RE: S-11-001- 16161 Short Road June 22, 2011 Page 3 of 4 areas of the Mallisons' home were designed to incorporate as much light as possible and include approximately 450 feet of windows and glass doors. The Mallisons have lived in this home for 40 years and are intimately familiar with the light patterns. Significant light will be lost if this project is constructed as proposed. Residential Design Guidelines 3.11.2 addresses privacy intrusions on adjacent residents. it provides 'Windows should be places to minimize views into the living spaces and yard spaces near neighboring homes. Where possible, second floor windows that might intrude on adjacent property should have sill heights above eye level or have frosted or textured glass to reduce visual impacts." Two windows in the master bedroom face directly into the Mallisons' 4 bedrooms. Because of the orientation of the lot, those windows are only 15 feet from the property line. The windows have been slightly modified per the request of the consulting architect but that modification does not comply with the Residential Design Guidelines. The windows as currently proposed are located 5 feet from the finished floor and are not frosted or textured glass. At 5 feet, everyone but small children can look directly into the Mallisons' bedrooms. Contrary to staffs assertion, this will not "remove potential privacy concerns along the walls closest to the neighbors" THE PROJECT SHOULD BE REDESIGNED AS A SINGLE STORY STRUCTURE TO REDUCE THE IMPACTS ON THE NEIGHBORHOOD AND COMPLY WITH THE GUIDELINES. The applicant argues that the home cannot be built as a single story home because of "increased impervious coverage which would eliminate area to be used for a pool and outdoor enjoyment." That loss is only caused by the desire to build a very large home on a very narrow lot. If the house size was reduced, there would be more outdoor area. This lot is uniquely shaped and uniquely located and therefore, may not be able to accommodate all of the desires of the owners. The project should be designed to fit the lot and the surrounding neighborhood. The applicant's desire for a pool and outdoor space should not be at the expense of the privacy and well being of the Mallisons. The project site is surrounded by single story homes on Short Road. Three of the 4 adjacent properties on Mary Way are two-story homes; however, they are much more modest in character and follow a traditional development pattern on much smaller lots. Due to the narrowness of the project site and the proposed orientation of the lot, a two-story structure is inappropriate and incompatible. The one story design would fall within the standards of the existing neighborhood as several homes surrounding the site are single story as shown on the photographs attached hereto as Exhibit B. A single story design, rather Malllson/Corr/PC-IB6.22.11 Town of Los Gatos Planning Department 110 E.Main Street Los Gatos, CA 95031 Planning Department, Ms. Mani Moseley Planning Commission, Ms. Marcia Jensen Re: 16161 Short Rd To All Concerned Parties, RECER/ED L'tUN222LJH TOWN OF LOS GATOS PLANNING DIVISION June 21, 2011 In reviewing the online agenda for the public hearing of 16161 Short Rd we noticed that our letters sent via email were omitted. I have attached copies of those correspondences because this project impacts us directly. Easement: Regarding the easement which crosses our property, in our letter on 4/4/2011, we stated that we did not have an agreement yet in place. Since then, the plans have changed showing the driveway going through our fences. Again, the parties are close to signing a new easement agreement that, once recorded, will move the easement slightly to the north of where the driveway currently is located, but moving our fences to allow access, as Illustrated on plans received by the City on 1/14/11, is not an acceptable option. Setbacks: In response to email sent 4/4/11 regarding setbacks. Ms.Moseley had stated that the town would not "require them to meet setbacks that are inconsistent with the requirements of Town Code". Our point here is that: • The new setbacks were created when Staff allowed the architect to reorient the "front" door, while the driveway and all surrounding streets remain unchanged. R-1:20 properties on Short Rd have front doors 'facing East and a minimum frontage width of 100'. With the new reorientation, the proposed property at 16161 Short Rd will have a front door facing North and will not meet the minimum frontage width of 100'. This seems to be inconsistent with the neighborhood as well as Town Code. • Staff should not dismiss our concerns solely because we have a large back yard. Our extended living space at our cabana is only 12'from the shared back fence and the new reduced setback affects our privacy directly. Landscaping • We have diligently fertilized and cared for our trees on our property to create an Illusion of privacy. However with the increased mass of the new two story structure on 16161 Short Rd. that privacy is compromised. We strongly feel this issue can be remedied by simply adding 3-5 mature Camphor trees to screen the new mass ofthe two story house. • Please do not dismiss our concerns simply because we already have some mature trees on our property. We would like to maintain our privacy in the house, yard and at our cabana located near the back property line. • The attached drawing (exhibit A) basically illustrates how much the mass will increase. • Landscape plans were not available at the Planning Department on 6/21/11, but we eventually viewed a small PDF file on the computer and it appears the builders are not adding any new trees on our side that will act as a privacy screen. • In the letter of justification received by the City on 1/1/11 the applicant wrote, "there could be...the addition of some taller trees for screening for the neighbors". We would love to see it! • Mr. Moseley's email on 6/21/11 commented that shrubs would need to be removed in order to accommodate our request, as long as the scrubs removed are not on our property we do not have an issue with their removal. Thank you for your consideration, John and Raquel Voris 16171 ShortRd. EXHIBIT 15 Why a 2 story design. • Majority of homes in the neighborhood-60% are 2 stories. • All neighboring homes enjoy a reasonable size functional back yard in a natural setting. • Massive Redwoods located on northern side divide the site. The only location for the new home in the southern portion where existing home is. • Narrow physical nature of the lot a dictating a design criteria -Considering a functional special flow. A long and linear plan leads to dysfunctional plan. No room for back yard and pool. • A one story design will extend views of the subject to 3 additional properties located on 124, 128 Mary and 16207 Short Road. • Minimizing the size and mass of the structure by putting only 1/3 of the total sf. at upper level. • Minimizing the foot print. Increasing the natural and rural setting consistent with the neighborhood. • Minimizing the impervious coverage and planning a functional drainage system that would take care of the drainage within the site as preferred by the Town and public policy not to tax the public storm sewer system. • According to the engineers a one story design will create a drainage problem that cannot be taken care of within the site and will have to connect to public storm drain system. • A 1 story design would lead to a home closer to max FAR due to increased hallways (an inefficient plan) and required exterior exposure for light and fire escape. • A one story design will also increase the amount of cut and fill and destroying the existing outdoor natural setting. • Due to Scott's family allergies the living and sleeping areas of the home cannot be below grade. Living and sleeping quarters are unacceptable in a basement for most families. Recreational areas such as home theater, wine cellar ideal for the same are not included in this project. EXHIBIT 16 Main Moseley, Associate Planner Town of Los Gatos June 21, 2011 Page 2 of 2 The Town of Los Gatos controls the amount of development that is allowed by limiting density and intensity of development - the minimum land area required for each house - and by limiting the maximum floor area of each house. In Los Gatos, limiting the floor area or size of a house is important for several reasons: • Large houses cover more land area, therefore requiring more disruption of the natural landscape and ecosystems. • Large houses create more impervious surface area, which can increase runoff and cause drainage, landslide, and flooding problems. It is our professional opinion that the two story design is more consistent with sensitive infill design and Town policies. Sincerely, TS/CIVIL ENGINEERING, INC. Terence J. Szewczyk, P.E. Principal Engineer