Staff Report
PREPARED BY: SALLY ZARNOWITZ, AIA, LEED AP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2017
ITEM NO: 15
DATE: May 30, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-12-103, SUBDIVISION
APPLICATION M-12-008, AND NEGATIVE DECLARATION ND-16-001.
PROJECT LOCATION: 341 BELLA VISTA AVENUE. PROPERTY APPLICANT/
OWNER/APPELLANT: JAKE PETERS AND DAN ROSS.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO CONSTRUCT A SINGLE-FAMILY RESIDENCE ON PROPERTY
ZONED R-1:8. APN’S 529-23-015 AND 529-23-016.
RECOMMENDATION:
The Town Council should review the applicant’s revised proposal and determine whether or not
the Council’s direction from the December 6, 2016 hearing has been adequately addressed.
BACKGROUND:
On December 6, 2016, the Town Council considered an appeal of the Planning Commission’s
decision denying a request to construct a single-family residence. After opening the hearing
and asking questions of the public and the applicant, the Town Council continued the matter to
a date uncertain, and directed the applicant to:
1. Consider modifications to reduce the appearance and mass as viewed from downhill;
2. Consider reviewing the siting of the building;
3. Consider what trees should or should not be removed;
4. Consider removal of the garage structure that creates height above the main level;
5. Consider smaller square footage to reduce the visibility from downhill; and
6. Return the revised application to Council for review.
The minutes for the meeting are provided in Attachment 18.
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SUBJECT: 341 BELLA VISTA AVENUE/S-12-103/M-12-008/ND-16-011
DATE: May 30, 2017
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DISCUSSION:
The applicant has submitted revised development plans, dated May 23, 2017, to address the
Council’s direction (Attachment 20). The applicant’s current, proposed option is Site Plan “F”
on Sheet A-1.2 of Attachment 20. The following table provides a comparison of five project
elements from the December 2016 project (Site Plan “A”) and five other options the applicant
has considered.
Option House
Length
Garage
Turn-Around
Garage Tree
Removal
House
Location
Site Plan “A”* 65 ft. Yes Two-car 1, 2, 15 Southern
Site Plan “B” 65 ft. Yes One-car 1, 2, 15 Southern
Site Plan “C” 59 ft. 11 in. No One-car 1, 2, 15 Southern
Site Plan “C” - Alt 59 ft. 11 in. Yes One-car 1, 2, 15 Southern
Site Plan “D” 59 ft. 11 in. No One-car 3, 4, 5, 6,
7, 8, 21
Northern
Site Plan “F”
(Current Proposal)
63 feet Yes One-car 1, 2, 15 Southern
* Project as proposed at December 6, 2016 Town Council hearing
The applicant’s proposed option “F” also reduces the square footage when compared to the
December 2016 project (Site Plan “A”). The following table provides a comparison of the
square footage from the December 2016 project (Site Plan “A”) and the five other options the
applicant has considered.
Option
House** Garage Cellar Total House
Site Plan “A”* 1,294 400 1,118 2,412
Site Plan “B” 1,294 270 1,118 2,412
Site Plan “C” 1,147 270 1,004 2,151
Site Plan “C” - Alt 1,147 270 1,004 2,151
Site Plan “D” 1,147 270 1,004 2,151
Site Plan “F”
(Current Proposal)
1,244 270 1,081 2,325
* Project as proposed at December 6, 2016 Town Council hearing
** Includes basement square footage on lower level
The applicant has also submitted a revised letter of justification (Attachment 19), describing
how they believe the revised project proposal: balances all of the competing concerns relative
to visibility, privacy, safety, and tree retention; has incorporated square footage modifications
to reduce the visibility from downhill; and has further reduced the bulk and mass of the home.
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SUBJECT: 341 BELLA VISTA AVENUE/S-12-103/M-12-008/ND-16-011
DATE: May 30, 2017
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DISCUSSION (continued):
The applicant has also informed staff that an exhibit is being prepared illustrating the
constraints created by the existing trees and the recommended tree protection zones. When
received, this will be transmitted to the Council under a separate cover.
CONCLUSION:
The Town Council should review the applicant’s revised proposal and determine whether or not
the Council’s direction from the December 6, 2016 hearing has been adequately addressed.
If the Council determines that its direction has been addressed, the Council should adopt a
resolution (Attachment 16) granting the appeal; make the required findings and considerations
(Exhibit A of Attachment 16); adopt Mitigated Negative Declaration ND-16-011; approve
Architecture and Site application S-12-103 and Subdivision application M-12-008 subject to
conditions (Exhibit B of Attachment 16) and the development plans included as Attachment 20 ;
determine that the Planning Commission's decision should be reversed or modified; make one
or more of the following findings, in accordance with Town Code Section 29.20.300; and
identify specific facts to support the finding(s) in Town Code Section 29.20.300 :
a. There was error or abuse of discretion on the part of the Planning Commission; or
b. New information was submitted to the Council during the ap peal process that was not
readily and reasonably available for submission to the Commission; or
c. An issue or policy over which the Commission did not have discretion to modify or address,
but which is vested in the Council for modification or decision.
The Council must at least open the public hearing for the item and may continue the matter to
a date certain if the Council does not complete its work on the item due to the length of the
agenda.
ALTERNATIVES:
Alternatively, the Town Council could:
1. Continue the project to a certain Town Council date with specific direction.
2. Find that its direction has not been addressed and adopt a resolution (Attachment 14)
denying the appeal and upholding the decision of the Planning Commission denying
Architecture and Site application S-12-103 and Subdivision Application M-12-008 with the
findings provided in Exhibit A of Attachment 14.
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SUBJECT: 341 BELLA VISTA AVENUE/S-12-103/M-12-008/ND-16-011
DATE: May 30, 2017
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ALTERNATIVES (continued):
3. Adopt a resolution (Attachment 15) granting the appeal and remanding the applications to
the Planning Commission with specific direction ; determining that the Planning
Commission's decision should be reversed or modified; finding one or more of the
following, in accordance with Town Code Section 29.20.300 ; and identifying specific facts to
support the finding(s) in Town Code Section 29.20.300:
a. There was error or abuse of discretion on the part of the Planning Commission; or
b. New information was submitted to the Council during the appeal process that was not
readily and reasonably available for submission to the Commission; or
c. An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision; or
ENVIRONMENTAL ASSESSMENT:
Mitigated Negative Declaration (ND-16-011) was prepared for the project by the Town’s
Environmental Consultant, Kimley-Horn, and is available online at:
http://www.losgatosca.gov/DocumentCenter/Home/View/16041. The 20-day public review
period began on March 4, 2016 and ended on March 24, 2016. Mitigation measures are
required for Air Quality, Biological, Geology and Soils, Hydrology and Water Quality, and
Transportation and Traffic. The Response to Comments on the MND is provided in Exhibit 4 of
Attachment 1, and the Mitigation Monitoring and Reporting Program is provided in Exhibit 3 of
Attachment 1. Mitigation measures have been incorporated into the recommended conditions
of approval (Exhibit B of Attachment 16).
Attachments received with December 6, 2016 Staff Report:
1. April 13, 2016 Planning Commission Staff Report (Exhibit 1 sent under separate cover,
Exhibits 2-13 included, and Exhibit 14 has since been revised [see Exhibit 22 of
Attachment 8])
2. April 13, 2016 Desk Item (includes Exhibit 15)
3. April 13, 2016 Planning Commission Verbatim Minutes
4. May 25, 2016 Planning Commission Staff Report (includes Exhibits 16-17)
5. May 25, 2016 Addendum (includes Exhibit 18)
6. May 25, 2016 Desk Item (includes Exhibit 19)
7. May 25, 2016 Planning Commission Verbatim Minutes
8. June 22, 2016 Staff Report (includes Exhibits 20-22)
9. June 22, 2016 Addendum (includes Exhibits 23-24)
10. June 22, 2016 Desk Item (includes Exhibit 25)
11. June 22, 2016 Verbatim Minutes
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SUBJECT: 341 BELLA VISTA AVENUE/S-12-103/M-12-008/ND-16-011
DATE: May 30, 2017
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12. Appeal of Planning Commission Decision, received July 1, 2016 (three pages)
13. Revised Project Plans, received November 23, 2016
14. Draft Resolution to deny the appeal and deny the project (includes Exhibit A)
15. Draft Resolution to grant the appeal and remand the project to the Pla nning Commission
16. Draft Resolution to grant the appeal and approve the project (includes Exhibits A and B)
17. Public Comment received by 11:00 a.m. Thursday, December 1, 2016
Attachments received with December 6, 2016 Desk Item:
None
Attachments received with this Staff Report:
18. December 6, 2016 Town Council meeting minutes
19. Letter of Justification from the applicants, May 23, 2017
20. Revised Development Plans, May 23, 2017
21. Public Comment received between 11:01 a.m. Tuesday, December 6, 2016 and 11:00 a.m.
Thursday, June 1, 2017
Distribution:
Dan Ross, 188 Villa Avenue, Los Gatos, CA 95030
Jake Peters, P.O. Box 3486, Ketchum, ID 83340