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Attachment 31Sally Zarnowitz Subject: FW: 2017 -09 -05 Williamson_FW: Important: Regarding 341 Bella Vista Attachments: BV Town Council170905 Sum2.pdf; BV September 2017 _3x.pdf From: williamsonnick(cbaol.com [ mailto :williamsonnickcupaol.com] Sent: Tuesday, September 05, 2017 10:58 AM To: williamsonnick(&aol.com; Marico Sayoc; Marcia Jensen; Rob Rennie; Steven Leonardis; BSpector Cc: Joel Paulson; Council; Town Manager; WilliamsonLauraA()aol.com Subject: Re: Important: Regarding 341 Bella Vista Dear Madam Mayor, Mr. Vice - Mayor, and Members of the Town Council, Re. 339 and 341 Bella Vista Avenue, Architecture and Site Application 512 -103 Attached please find another letter concerning this application that we would like you to have the opportunity to read and absorb ahead of the Council hearing of this project tonight. We are sending this also to Staff ahead of the 11 am deadline today. Kind regards, Nick and Laura Williamson 148 Maggi Court, Los Gatos 408 601 9284 148 Maggi Court Los Gatos California 95032 September 5, 2017 The Mayor, Vice Mayor and Town Council of Los Gatos 110 East Main Street Los Gatos California 95031 Re. 339 and 341 Bella Vista Avenue, Architecture and Site Application S -12 -103 Dear Madam Mayor, Mr. Vice - Mayor, and Members of the Town Council, Thank you for the opportunity to comment on the Bella Vista Project. The provisions of the HDSG are important and many are mandatory. The standards require full compliance and even the guidelines require 'substantial compliance'. The Project does not comport with these provisions and must be denied. The bulk and mass of this project, in particular, is a significant issue. The standard for bulk and mass is very clear: the Applicants must minimize - reduce to the smallest possible amount or degree - their design, and whilst the Applicants may have incrementally reduced the size of the Project compared to previous iterations they are not meeting the standard. Instead the Applicants are still trying to maximize the Project on this site. Removing a few feet from a 60ft plane, or atop a three story elevation, is not getting close to meeting the standard. Since we last wrote we are also now concerned about construction on this site after reading issues raised in a letter by Mrs Leishman, a neighbor to the Project on Bella Vista. This project requires the removal of almost 700 cy of dirt. There is no possible way to store dirt safely on site with a public footpath below and people living there (imagine an earthquake and then a landslide of loose dirt) and it is not easy to see how the Applicants are going to get vehicles on and off the hill to remove it, safely and without damaging the trees that need to be saved, and also without damaging the road on Bella Vista. Given slopes over 30% are considered hazardous and this slope is 53 %, the Town should require the developers provide a comprehensive construction plan with their designs. We respectfully request that the Town require the Project to comply fully with the provisions of the HDSG prior to further consideration of the Project. Yours sincerely, Nick and Laura Williamson 408 6019284 (Nick) v v V_ W Q O ca y o Q Q Q J 0 V QJ Q. v E 4J E u V V Q1 O i o v v Q v O 3 Q c o N N t Q O `n Q N Q +> O Q :i o m Q Q• 4w Q O ZZ Q Q tJ C3 WQOtiH Q1yQ_.. 421 N Q• =, 4" Q Q Q i ac i m o ao n a i O F o E co C - Sally Zarnowitz Subject: FW: 2017 -09 -05 Khalili_FW: Approve 339 -341 Bella Vista From: mojgan khalili [mailto:mojgan khalili2001(cbvahoo.com] Sent: Tuesday, September 05, 2017 10:30 AM To: Council Subject: Approve 339 -341 Bella Vista Dear Council members; I urge you to review carefully the plans for 339 -341 Bell Vista. These plans are compliant and have been reviewed and approved by the Town's consulting architect, arborist, geo- technical engineer and public works dept. I own 2 homes in Los Gatos, ((484 Wraight and 16623 Shannon Road) ) and have never had an issue with the way the process in the Town works. Please remain fair and consistent to all the community members and help the community leverage a normal due process with regard to home remodel/ build process that is reasonable. Los Gatos is a desirable community with lots of brand equity in its location, its people, its government and continuing to arbitrarily delay this project makes no sense at this point. Thank you for your consideration, Mcjgan Khalili 408 - 489 -4015 Sally Zarnowitz Subject: FW: 2017 -09 -05 Bernasconi_FW: Approve 339 -341 Bella Vista From: Brian Bernasconi <bbernasconi@a serenoeroup.com> Sent: Tuesday, September 5, 2017 7:32 AM To: Council Subject: Approve 339 -341 Bella Vista Dear Concil, Our citizens deserve a predictable home remodel or build process, within reasonable time and with reasonable expense. 339 - 341 Bella Vista is a compliant plan vetted by the Town's consulting architect, arborist, geo- technical engineer and public works department. A new "one home plan" was recommended for approval by the Town Planning Dept in early 2016. Since then the owners have made 7 additional reductions or suggested changes. Their lower level meets the cellar definition as written. They are compatible in size with the neighborhood. They will replace trees and address privacy concerns. The owners of this property have been working on this project for 10 years. They have followed the Town Council and Planning Commission direction to compromise their 2 lots into 1, and to submit a plan for 1 home instead of 2 that is compliant with no exceptions or variances to the rules. This plan must now be approved without further delay Thankyou, Brian Bernasconi Brian Bernasconi I Broker Associate I Sereno Group 214 Los Gatos Saratoga Road Los Gatos, CA 95030 408.979.1400 www.BrianAndDan.com Brian and Dan of Sereno Group for your south bay Real Estate needs www.briananddan.com Whether you're in Los Gatos, Monte Sereno, Campbell, Willow Glen, or other south bay areas, we'll help you sell your current home or find YOUR perfect home! yelpR.• Contents of this message are privileged and confidential. This message should not be forwarded or distributed without permission. bre #01363508 2 Sally Zarnowitz Subject: FW: 2017 -09 -05 Mailhot_FW: Pleas approve 339 -341 From: Megan Mailhot <megan.mailhot5 @gmail.com> Sent: Monday, September 4, 2017 9:40 PM To: Council Subject: Pleas approve 339 -341 Sincerely, Megan Mailhot Sally Zarnowitz Subject: FW: 2017 -09 -04 EColson_FW: 339 -341 Bella Vista Avenue From: Eric Colson [mailto:ecolsonCalamail.com] Sent: Monday, September 04, 2017 6:15 PM To: Rob Rennie; BSpector; Marico Sayoc; Marcia Jensen; Steven Leonardis; Sally Zarnowitz Subject: 339 -341 Bella Vista Avenue September 4, 2017 Mayor Sayoc and Council Members Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Dear Mayor Sayoc and Council Members, I am writing regarding the property at 339 -341 Bella Vista Avenue. The property owners, Deborah and Dan Ross, are seeking approval for the design of their single - family home. I've been following the series of events they've been put through over the last several years as they have sought approval for their plans. I was in attendance at the Town Council meeting on December 6, 2016 when they last presented their design. What I saw was surprising. I watched for over two hours as the Town Council and community members debated the design for the Ross' home. It was unintuitive tome that this merited so much time and effort after ail, this was far from the first meeting that was held on the matter - this goes back many years!). Further, I was surprised to learn that such parameters were subject to the opinions, biases, and preferences of the Town Council and community members. If the design of the home is compliant with all town zoning code requirements, what is there to talk about? One could argue that a forum for hearing the practical requests of neighbors could be helpful. Yet, such concessions should be made only voluntarily by the property owner. Otherwise, they are effectively requirements and should be incorporated into the zoning code. Instead of such a lengthy and bias -prone bureaucratic processes, we should respect the code as it was written at the time the of purchase and rely on the reasonableness of the property owner for any subjective request. In the case of 339- 341 Bella Vista, the Ross' have been more than reasonable. They have granted numerous concessions despite being fully compliant. I understand that some neighbors will only be satisfied with complete forfeiture of the building any structure on the property. But, that is not theirs to dictate. Nor should they allowed to use the town council process as their vehicle to stall and impede progress. On the next hearing on the matter on September 5, 2017, 1 would like to see a demonstration of integrity and practicality. If construction meets all the guidelines, I'd like to see it approved swiftly, free from bias, and without the unnecessary consumption of Town Council resources. Sincerely, Eric Colson 246 Vista Del Monte Los Gatos, CA 95030 Sally Zarnowitz Subject: FW: 2017 -09 -04 Barnickel FW: [EXTERNAL] FW: 339 -341 Bella Vista From: Barnickel, John, RVP [mailto john.barnickelCalmedtronic.com] Sent: Monday, September 04, 2017 4:34 PM To: Janette Judd Cc: Sally Zarnowitz Subject: Re: [EXTERNAL] FW: 339 -341 Bella Vista My letter was originally sent back in early June. Thank you for including my comments in the review process. John Barnickel Vice President, Pacific Region Cardiac and Vascular Group Medtronic, Inc. 925) 872 -3000 Mobile www.medtronic.com On Sep 4, 2017, at 4:29 PM, Janette Judd <iiudd @losgatosca.¢ov> wrote: cc: Town Council Town Manager CDD Director J. Paulson Planning Manager S. Zarnowitz Good afternoon, Thank you for your e-mail, received by the Town Council and Town Manager. Your communication was received after initial public submittal deadlines for the September 5 Town Council Meeting agenda and subsequent Addendum: http: / /www.losgatosca.gov /2126 /Public- Guide-to- Town - Council- Meetings. However, your communication will be included in supplemental materials (along with all other Public Comment) distributed for tomorrow's meeting. By copy of this message, your correspondence is forwarded to Community Development Department (CDD) staff. Should you have additional questions or comments regarding this project, Planning Manager Sally Zarnowitz is the staff liaison and primary point of contact. Sally can be reached by phone at (408) 354 -6873 or via e-mail, SZarnowitz@LosGatosCA.gov. Thank you once again for contacting the Town of Los Gatos. Best regards, image002.jpg> Janette Judd • Executive Assistant Town Council and Town Manager • 110 E. Main St., Los Gatos CA 95030 Ph: 408.354.6832 • JJudd@LosGatosCA.aov www.LosGatosCA.gov • https : / /www,facebook.com /losgatosca Original Message---- - From: Barnickel, John, RVP [ mailto :iohn.barnickel @medtronic.comj Sent: Monday, September 04, 2017 4:15 PM To: Council Subject: 339 -341 Bella Vista Dear Town of Los Gatos: Thank you in advance for reviewing my thoughts on the proposed home at 339 -341 Bella Vista. By way of background, I live in the neighborhood near Caldwell and Bella Vista, I pass the site by car and on foot on a regular basis. In short, I support the development of this lot. Here are factors that I believe make this project very acceptable to the community and immediate surrounding area: Many of the neighbors on Bella Vista have known for years that these two lots could be built on. The current plan consists of one home instead of two, it retains the wooded nature of the site, preserves the majority of the trees, and is reasonable for the neighborhood. I live in a larger Bluebird Lane home (3,508 square feet) on a smaller lot (4,922 square feet) than this proposal. This is a modest 1100 SF footprint on a 10,000 SF lot. This is urban living, surrounded by medium density housing, a motel, houses with apartments in back, and within earshot of Hwy 9 and 17. I have a concern that the process has become overly burdensome to citizens of the Town. Especially given the shortage of current housing units available in Los Gatos, responsible development such as this proposal should be encouraged, not stifled. This plan has been recommended for approval by your Town Planning Department, is compliant with no exceptions or variances and has been vetted by your Town Engineer /Public Works, Town Consulting Architect, Town Geotechnical Engineer and Town Arborist. It's hard to understand there are any grounds for denial when you look at the density and lot coverage of the other homes in the neighborhood. I would have attended the upcoming hearing in person to present my position but will be in Florida for a business meeting. Please accept this written correspondence and please approve this plan. Feel free to call me with any questions. Thank you for your time. John Barnickel Vice President, Pacific Region Cardiac and Vascular Group Medtronic, Inc. 925) 872 -3000 Mobile www.medtronic.com Sally Zarnowitz Subject: FW: 2017 -09 -04 Colson_FW: APPROVE 339 -341 Bella Vista From: Jennifer Colson [mailto jcolson@gmail.com] Sent: Monday, September 04, 2017 1:46 PM To: Sally Zarnowitz Cc: Rob Rennie; BSpector; Marico Sayoc; Marcia Jensen; Steven Leonardis Subject: APPROVE 339 -341 Bella Vista September 4, 2017 Mayor Sayoc and Council Members Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Dear Mayor Sayoc and Council Members, I am writing regarding the proposal for a home on 339 -341 Bella Vista. I am surprised that a fully compliant plan would be so difficult to get approved. Multiple proposals have been recommended for approval by the Planning Department only to be denied by the Planning Commission. Over the years, the Ross' have made countless concessions, thoughtfully taking into consideration the neighbors on Maggi Ct., those on Bella Vista as well as those requests and direction given by the Planning Commission and Town Council: far more than any legal or zoning requirements would necessitate. They've addressed the trees and location of the home on the lot, the height of the home, window placement, lines of sight, driveway and safety concerns, traffic and mass and scale concerns. Each time, only to be denied again, the "carrot" moved and new requests for change. I've heard the complaints from the Maggi Ct. neighbors. I understand that many of them didn't realize the property behind them was zoned residential and that eventually a home or two would ultimately be built there. The reality is they won't support any project on that land of any size. The Ross' have reached out to them in the past only to be met with anger and hostility. No one came to the table for the purposes of compromise. They've made it very clear that they intend to continue to be the squeaky wheel and pull as many strings as they can to obstruct the process. Even so, the Ross' plans are very thoughtful of them. They always intended to be neighborly. They are part of our community and never intended to be in this bitter battle. While anyone can appreciate the feelings and disappointment from the Maggi Ct. community, their rights certainly don't surpass the property rights of the Ross' as owners to build on these residential lots. This would create a very dangerous precedent for the discretion at which our town can approval or obstruct development. Please take the time, council members to look at the history here and stand up for what is right by approving the plans as presented. I attended the last Town Council meeting and was extremely disappointed in the lack of progress. Bringing back up the trees and possibly finding another building site on the lot when these issues had been addressed years before is counterproductive. To not recognize that this is a very moderately sized home compared to the neighbors makes further discussion of mass and scale appear punitive. And ultimately to bring up the suggestions of removing the garage entirely or of re- zoning the property to agriculture was mind - blowing to me and horribly disappointing. This is not progress! These are not reasonable requests. This home fully complies with all the zoning and building restrictions as approved by the town. It was recommended for approval by the Planning Department and should have been approved by the Planning Commission. Please remedy this by voting your approval. Regards, Jennifer Colson Sally Zarnowitz Subject: FW: 2017 -09 -04 Thomson_FW: Approve 339 -341 Bella Vista From: Gail Thomson [ mailto:gailCalslaterthomson.com] Sent: Monday, September 04, 2017 9:58 AM To: Council Subject: Approve 339 -341 Bella Vista I'm writing to you to show my support for construction of a single family home on the residential lot at 339 -341 Bella Vista. As a real estate who does a lot of business in the town of Los Gatos I can tell you first hand that homeowners are frustrated by the inability to make informed decisions about their homes. We routinely tell buyers, sellers and homeowners NOT to expect anything if the home falls under Los Gatos planning except a long road with no guarantees. This situation shouldn't exist. Our residents deserve the same predictable and reliable process they receive in other towns and cities. The owners of this lot have spent 10 years and made multiple compromises to build a home on a residential lot but it seems the neighbors concerns are being given more weight than the owners' rights in this particular case. The neighbors have had the opportunity to give input, the owners have listened and adjusted on multiple occasions. At some point the "mass and scale" guideline appears to have changed from being used as guidance to being used as a rod for the owners' backs. The plan is fully compliant The plan has been recommended for approval by the Town's own Planning Department. The plan retains more trees than neighboring lots The home fits the size and scale of the neighborhood The lot is zoned for residential development and has been for the longest time. There is no acceptable reason to deny this application at this point. Please do the right thing and approve this plan. Thank you for your service to our town. I appreciate all that you do Sincerely, Gail Gail Thomson I Ca1BRE 01444563 1 Gail&SlaterThomson.com Cell: (408) 205 3758 1 Office: (408) 357 5710 Blog: www.SlaterThomson.com Facebook: www.facebook.com /SlaterThomson Reviews: http: / /www.Zillow.com /profile /slater - thomson -team/ Intero Real Estate Services 518 N Santa Cruz Ave, Los Gatos, CA 95030 Sally Zarnowitz Subject: FW: 2017 -09 -04 Tinsley_FW: Deb and Dan Ross Attachments: Town of Los Gatos Ross Letter.docx From: Carol Tinsley [mailto:c]t97(dyahoo.com] Sent: Monday, September 04, 2017 4:47 AM To: Council Subject: Deb and Dan Ross I am traveling at the present and unable to attend the meeting tomorrow night but very much wanted to reiterate my support for the proposed Bella Vista construction. Attached is my original letter. Thank you so much. Yours in community, Carol Tinsley 308 - 458 -0734 Sent from my iPhone Town of Los Gatos Re: Ross Project Proposal ... Bella Vista To Whom It May Concern: This letter is written in support of the single family home proposed by Deb and Dan Ross on Bella Vista Avenue. Deb and Dan Ross and their family are long time homeowners and residents of Los Gatos. They are productive, caring, generous and well known residents of the East side. It is truly mystifying to me and many others that such a resident and homeowner is being unduly prohibited from building a single family home in an existing neighborhood on a parcel that is zoned residential; all the more so because their application has been pending for 10 years. Over this same time, in a disastrous lack of planning, non - resident developers of planned communities were permitted to densely pack their East side parcels with developments at our most traveled intersections that do not resemble the surrounding neighborhoods. The Council and Planners are charged with looking out for the best interests of the Town and its citizens. While you cannot undo what has already been done by the developers, you can start to rebuild some trust with your East side residents by making logical and consistent decisions and passing this proposal or at very least by providing the Ross' with solid guidance about what is acceptable to be built on this property and allow them get on with it instead of quibbling over legal technicalities and asking them to redraw their proposal over and over and over again, each time with a new reason of why they cannot proceed. Thank you for your consideration, Carol Tinsley 16555 S. Kennedy Road Los Gatos, CA 95030 Sally Zarnowitz Subject: FW: 2017 -03 -31 Straight - FW: 341 Bella Vista From: Forrest Straight [mailto fastcbra @aol.com] Sent: Thursday, August 31, 2017 2:19 PM To: Council; Marico Sayoc Subject: 341 Bella Vista 30 Aug 17 Los Gatos Town Council RE: 341 Bella Vista Hillsides, Trees, and the stability of Structures This letter adds to my many letters over the 15 plus years to Planning and Town Council on the value of keeping the two large (150 year old) Heritage Oaks on this Property. Over the last 6 months I have driven several hundred miles over coastal hillsides between Salinas and the Northern California border. I have observed hundreds of landslides and the common fact on all of them .... none had trees. This affirms my contention that the root systems of the two Heritage Oaks on this property helps to support the stability of the hillside. The subject property lies in several Hazard Zones to include liquefaction, landslide, and earthquake. Removal of the trees and root system destabilizes the hillside. Add to that a heavy structure and high water table like we had last year) .....it adds further to the hillside instability. Now add an earthquake and that could be the tipping point for failure. Think of an avalanche... everything is in equilibrium until that one cannon shot, then failure.... like this hillside with an earthquake. I have studied structural failures for 45 years, both as a builder and working in Soil Engineering. Both sides of Bella Vista are in the same Hazard Zones ... but common sense will tell us the proposed structure is more likely to fail vs the homes built on level land. A home can be built on this property smaller than proposed and within the Square Footage allowed guidelines where no Oak Trees are removed. I just can't see how the Town would condone removal of Huge Heritage Oak Trees. Thoughts on Cellars I have built a home in Almond Grove years ago with a cellar (per the Town Codes). Not one side is exposed that would add to Bulk and Mass. The proposed Bella Vista home has three sides semi and fully exposed... adding to Bulk and Mass. This is not a cellar. Previous Staff and Mayors have testified at Planning and Council meetings that this is not a cellar. To make it a cellar... build the home 4' lower so all sides are semi under ground. Further thought Here's a game ... Give me 2 hours design time with an architect and I could design a building outer shell that would be the correct square footage ... not have Bulk and Mass ... and not remove any Heritage Oaks. But, it's not my job and it certainly isn't the Town Council to design a property or pick an alternative that's close to the Town rules and codes. This go around with four building plans and pick one I can build, is not the correct way for Town Council to approve plans. Things must go through Planning and abide by all the rules and codes. Forrest Straight 146 Maggi Ct Los Gatos CA