Item 07 - 341 Bella Vista Ave - Desk Item & Exhibit 25TOWN OF LOS GATOS ITEM NO: 7
DESK ITEM PLANNING COMMISSION STAFF REPORT
Meeting Date: June 22, 2016
PREPARED BY :
APPLICATION NO:
LOCATION:
APPLICANT/
PROPERTY OWNER :
CONTACT:
APPLICATION
SUMMARY:
EXHIBITS:
Marni Moseley, AICP , Associate Planner
MMosele y@ losgato sca.gov
Architecture and Site Application S-12-103
Subdivision Application M-12 -008
Negative Declaration ND-16-001
341 Bella Vista Avenue (west side of Bella Vista Avenue , north of
Charles Street)
Jake Peters and Dan Ross
Dan Ross
Requesting approval to merge two lots and to construct a new single-
family residence and remove large protected trees on property zoned
R-1 :8. No significant environmental impacts have been identified and
a Mitigated Negative Declaration is recommended. APN 529-23-015
and 016.
Previously received under separate cover March 4, 2016 :
1. Initial Study and Mitigated Negative Declaration
Previously received with April 13, 2016 Staff Report:
2 . Location map
3. Mitigation Monitoring and Reporting Program (six pages)
4. Response to comments on Mitigated Negative Declaration (48 pages)
5. Required findings (two pages)
6. Recommended Conditions of Approval (13 pages)
7. Project data sheet (two pages)
8. Consulting Architect 's report (four pages), received November 13,
2013
9 . Consulting Arborist report (35 pages), dated October 28, 2013
10. Consulting Arborist report (11 pages), dated September 24, 2014
11. Applicant's letter (seven pages), received March 25 , 2016
12. Town Council Resolution 2012 -057 (three pages)
13. Public Comments received by 11:00 a .m . on April 7, 2016 (158 pages)
14. Development Plans (26 sheets), received March 24, 2016
Planning Commission Staff Report -Page 2
341 Bella Vista A venue/S-12-103/M-12-008/ND-16-001
June 22, 2016
REMARKS:
Previously received with April 13, 2016 Desk Item:
15. Comments received from 11:01 a.m. on April 7 , 2016 to 11:00
a.m. on April 13, 2016
Previously received with May 25 , 2016 Staff Report:
16. Comments received from 11:01 a.m. on Thursday, April 13,
2016 to 11:00 a.m. on Wednesday, May 19, 2016
17. Applicant's response letter and materials, received May 19 , 2016
(25 pages)
Previously received with May 25, 2016 Addendum Report:
18. Comments received from 11:01 a.m. on Wednesday May 19,
2016 to 11 :00 a.m. on Tuesday, May 24, 2016
Previously received with May 25 , 2016 Desk Item Report:
19. Comments received from 11 :01 a.m. on Wednesday May 19,
2016 to 11:00 a.m. on Wednesday, May 25, 2016
Previously received with June 22, 2016 Staff Report:
20. Applicant's response letter, received June 16, 2016 (two pages)
21. Comments received between 11 :01 a.m. on Wednesday May 25,
2016 and 11:00 a.m. on Thursday June 16, 2016
22. Revised development plans, received June 16, 2016 ( 14 pages)
Previously received with June 22, 2016 Addendum Report:
23. Comments received between 11:01 a.m. on Thursday June 16 ,
2016 and 11 :00 a.m. on Monday June 20, 2016
24. Additional information provided by the applicant, received June
20, 2016 (three pages)
Received with this Desk Item Report:
25. Comments received between 11 :01 a.m. on Monday June 20,
2016 and 11 :00 a.m. on Wednesday June 22, 2016
An additional comment (Attachment 25) was received after distribution of the June 22, 2016
addendum report.
Additionally, staff would like to provide a clarification regarding the maximum allowable FAR
for the site. The site is subject to the most restrictive of either the Hillside Development
Standards and Guidelines (HDS&G) or the zoning code limitations. The HDS&G would have a
Planning Commission Staff Report -Page 3
341 Bella Vista Avenue/S-12-103 /M-12-008/ND-l 6-001
June 22, 2016
maximum living floor area of 3,800 square feet with an additional allowance of 400 square feet
for garage for a total maximum development limit of 4 ,200 square feet. The FAR calculation for
the zoning code (using the net lot area of 4 ,062 square feet) would limit the living floor area to
1,485 square feet, with an additional allowance of 400 square feet for garage for a total
development limit of 1,885 square feet (excluding cellar). Please note that in previous staff
reports the maximum living floor area was stated as 1,490 square feet. This was an error and the
maximum living floor area for this lot is 1,485 square feet.
Staff also wants to clarify that sheet A-2 .1 of the development plans provided in Attachment 22
erroneously reference an allowable FAR of 1,620 square feet ( 1,485 square feet is the maximum
allowable). The plans included in Attachment 22 propose a residence with 1,392 square feet of
living space, and a conforming two-car garage with a minimum interior clear of 20 feet by 20
feet ( 400 square feet) for a total of l , 792 square feet.
Joel Paulson, AICP
Community Development Director
JP:MM:cg
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Jun 21, 2016
The Planning Commissioners
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos , CA 95031
Dear Planning Commissioners,
Re: 341 Bella Vista Ave. Los Gatos, CA application
Natallia Stulskaya & Vitaliy Stulski
152 Maggi Ct.
Los Gatos, CA 95032
I am writing on a behalf of myself and my husband regarding 341 Bella Vista Avenue submitted by
Mr. Dan Ross . We live at 152 Maggi Ct. Los Gatos, CA in "Bella Vista Village" and are the owners of
this property .
Nobody in our family works in a construction business or involved in residential architecture.
Unfortunately we cannot help designing a house that fits this property. Everyone who commented on
this parcel acknowledged that the lot is very challenging and so far no buildable proposal has
emerged . May be it is possible to build there, may be not. From the education background we have
we can only examine proposals and see if they adhere to the standards . Also we can use common
sense to analyze the plans and see if they are fitting for the neighbourhood and our town .
As this Commission instructed, I among other neighbours met with the builder, asked questions and
looked at the plans for the proposed changes. In a short summary these changes are insignificant
and inadequate. The structure is oversized for the lot. Most of the problems we discuss is because it
is large.
The structure is prominently visible from down below, because it is large;
The house significantly affects adjacent property owners privacy, because it is large;
Parking is challenging , because the structure is large;
Lot of trees will be cut (we can argue how many, but certainly more than necessary),
because the structure is large;
Large oak tree is proposed to be removed , because the structure is large ;
Lots of ground removed and cut is made to a steep hill because structure is large;
Construction project will be significantly impacting the neighbours , because the structure is
large;
Numerous times over more than 10 years everyone in the neighbourhood repeatedly stated to Mr.
Ross in the meetings , in the letters to the Commission, in public hearings -please construct a house
that fits the size of the lot, takes into account the steepness of the hill and doesn't violate privacy if it
EXHIBIT 2 5
is possible.
Making the house smaller by -170 feet which constitutes 6% of the overall square footage would be
appropriate for removing a small imperfection in design . Having a massive house with 48% bonus
space marked as a cellar is not an adjustment we would consider appropriate.
I would like to inform the Planning Commission that with 2 small children and no relatives in town it's
not easy to attend late night hearings . Though it's important to us and we will try to be there . If for
whatever reason we will not be able to make it when you will be carrying out your decision please
take into account our position outlined in this letter and deny this project.
Sincerely Yours ,
Natallia Stulskaya
Vitaliy Stulski
Owners of 152 Maggi Ct. Los Gatos , CA.