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Attachment 19 - Additional Information from the Appellant, received 12-6-21From:Alison Steer To:Marico Sayoc; Rob Rennie; Matthew Hudes; Mary Badame; Maria Ristow; Robert Schultz Cc:Ryan Safty; Jennifer Armer; Terry Rinehart; Bob Rinehart; Nancy Neipp; James Neipp; Defeo Home; Gary Gysin; Michelle Subject:Lot Line Adjustment Application and ROW access for Parcel 3 (APN 532-36-077) Date:Sunday, December 5, 2021 9:07:29 PM Attachments:HDSG-ConformanceChecklist_201303071343183916 (3).pdfAppeal LLA - 17200 Los Robles Way - Driveway Access .pptx EXTERNAL SENDER Dear Mayor, Vice Mayor, and Councilmembers, We are coming up on the final appeal meeting for the LLA application for Los Robles Way on Tuesday Dec 7th. At the last meeting we established that our Lot Merger ordinance for involuntary lot merger is enforceable. However, the claim that it has no legal access today was put to question based on the premise that the owner could put in a new ROW while the involuntary lot merger is in process. We are now submitting clear and factual evidence as to why it is not possible to create a new ROW in the current configuration. APN 532-36-076 (Parcel 1) is at the terminus of the Los Robles Way extension. This ROW has been considered vacated by the Town of Los Gatos; we expect due to the merger doctrine. The Los Robles way extension is 91.96’, with an additional 169.5’ driveway to access the property. This makes the driveway to APN 532- 36-076 over 261’ in length. The width of APN 532-36-076 is a little over 207’, which would result in a driveway to access APN 532-36-077 greater than 468’, not including the issue with how to negotiate a driveway around the existing premises and pool. The Hillside Development standards and guidelines, checklist attached, require that no driveway be greater than 300’. In addition, it cannot exceed 15% grade, and must be able to implement an emergency vehicle turnaround with 5% grade. This would not be possible on APN 532-36-077 due to its distance from Los Robles Way itself, and that the land has slopes in excess of 30%, and, while requested, no proof to the contrary has been provided by the Planning Department or property developer to the Town Council. Our General Plan 2020 has a land use element that requires the preservation of existing trees, natural vegetation, natural topography, and promotes high quality, well-designed, environmentally sensitive and diverse landscaping in new developments. There is a conservation element goal to encourage tree preservation and limited grading. The uninspired design of the privacy screening proposed by Tony Jeans for both 304 Harding Ave and 111 Worcester Lane is not in keeping with our Land Use Element for natural vegetation, and in fact would be placing unnaturally positioned trees right on top of a 10ft sanitary sewer and storm drain easement where they would need to be removed when repairs are needed, or which in themselves could damage the pipes! Where would these screening trees be placed then for the new residence beside 111 Worcester Lane, when ATTACHMENT 19 there is a driveway proposed next to the easement? In addition, the removal of the eucalyptus trees on Parcel 1 per the conceptual plan, and shown in the photograph on slide 6, would remove any privacy from the hilltop residence into our yards, while bringing the residence significantly closer to our line of sight. Why would these trees not be topped instead, or where is the plan to replace them with large native trees that would provide screening to our private yards? Regarding slope instability and geologic hazards, when was the last time a soils report was performed on this property? Is it stable enough to allow for replacement of large new trees to ensure the natural vegetation (per our General Plan) is preserved? Per slide 8 of the attached, if the access is maintained from Los Robles Way, the house on Parcel 3 can be located higher on the hillside, not only improving the view from the property but avoiding any tree removal whatsoever compared to the plan by Tony Jeans which removes 4 trees on that parcel Additionally, it will avoid the significant grading which would change the natural topography, again in conflict with our General Plan. Note that the level of grading required for this LLA is not shown in the conceptual plans that have been submitted to the Town. We are asking the Town Council to request that the Development Review Committee proceed with the involuntary lot merger of APN 532-36-076 (parcel 1) and 532-36-077 (parcel 2), as provided by State Law; to do the job that the residents of the Town of Los Gatos are paying them to do, and stop making excuses to not execute on their ordinances. Failure to execute to our lot merger ordinance is setting the Town up for legal challenges. To date, we have submitted mountains of evidence in support of involuntary lot merger. We have been consulting with Land Use Attorneys that say you cannot make a non-buildable parcel buildable through lot line adjustment in California. I expect a developer and realtor working in California would know these specific rules and know what they are doing is "turning water into wine".The developer and owners have no legal leg to stand on with regard to the Town upholding their ordinance, which is in compliance with State Law. Respectfully, The neighbors at the bottom of the property known as 17200 Los Robles Way Driveway access/ROW for APN 532-36-077 (Parcel 2) Alison & David Steer 304 Harding Ave 17200 Los Robles Way Driveway Access is 261ft long to APN 532-36-076 Parcel 3 is >207 ft wide. Los Robles Extension 92ft in length Driveway to access parcel 2 would be >300ft in length 169 ft Los Gatos HDS&G says no driveway >300ft. Summary for Town Council Review Current driveway access to APN 532-36-076 is 261ft in length. Terminates at existing premises . Creating new driveway access for land locked parcel, APN 532-36-077 , would exceed 300ft which is not allowed per the Hillside Development Standards and Guidelines. How would it bypass existing premises and pool? Slopes on APN 532-36-077 are in excess of 30%, How to achieve 5% grade on hillside for emergency vehicle turnaround? Per above, APN 532-36-077 meets the criteria for merger. There is no way to add legal access that is adequate for vehicular and safety equipment access and maneuverability, and no proof to the contrary has been shown by the planning department or the developer. California Civil Code §805 states that a servitude (i.e. an easement) cannot be held by the person who owns the servient tenement” ie, you can’t create easement over property you already own, this is a nonsensical easement. This is known as the merger doctrine. We have spoken to Land Use Attorneys in California who confirm that a non-buildable parcel cannot be made buildable through lot line adjustment. Land Use Element General Plan 2020 The eucalyptus trees are the only thing protecting our privacy from the house at top of the hill which appears is going to increase in height/size and move 37ft closer to our property 4 Trees being removed, but we count 5 Eucalyptus Most of the landscape will look like tree stumps This house will increase in size and move 37ft closer to property line Proposed 2nd residence site General Plan 2020 Goal SAF-1 Neighbors’ proposal to conform to General Plan 2020 Maintain ALL access from Los Robles Way. Move house up the hill to eliminate the grading of steeper slope below that would change the natural topography of the hillside. This would create a shared driveway with Parcel 1 to minimize impervious surface. No trees would need to be removed for this scenario compared to 4 trees on Tony Jeans plans. Improved view for house on Parcel 3, increasing property value! Town of Los Gatos Lot Merger Procedures Town of Los Gatos Code of Ordinances Sec. 29.10.070. -Lot merger. (a) A parcel of land does lawfully exist separately from other land and is a lot when the parcel meets each of the following criteria: (1)Comprises at least five thousand (5,000) square feet in area. (2) Was created in compliance with applicable laws and ordinances in effect at the time of its creation. (3) Meets current standards for sewage disposal and domestic water supply. (4) Meets slope stability standards. (5) Has legal access which is adequate for vehicular and safety equipment access and maneuverability. (6) Development of the parcel would create no health or safety hazards. (7) The parcel would be consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (8) No structures are built over a common property line which is shared with another parcel under the same or substantially the same ownership. (b) Any parcels under the same or substantially the same ownership that do not meet the criteria listed above shall be considered merged. In addition, no parcel shall be modified through a lot line adjustment procedure in order to meet the criteria listed above. (Ord. No. 1316, §3.10.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1432, 6-4-79; Ord. No. 1438, 8-6-79; Ord. No. 1756, §I, 8-1-88) Zoning Regulations SMA 66451.11 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance This table contains a summary of the Town of Los Gatos' Hillside Development Standards and Guidelines. Use COMPLIANCE Column to show 'X' - complies, 'O' - non compliance Put 'N/A' if you do not deem the Standard or Guideline applicable. An explanation should be provided where not in compliance. I Introduction A Vision Development must preserve the natural beauty of the hillsides B Overview Character, sensitivity & constraints for dvpt must be considered. C Goal Sustainable development preserving the natural environment D Applicability All HR and RC zoning districts and R1 with hillside sensitivity. E Objectives HDS&G implements Los Gatos' Vision for hillside development. F S&Gs Standards must be followed. Guidelines make recommendations. G Relationships Consider also General Plan, Zoning, Hillside Specific Plan etc. H Approval Scope of any hillside project determines its approval process. II Constraints Analysis & Site Selection A Prior to Building Site Selection 1 Constraints Analysis 2 Consultation with Neighbors 3 Pre-Application Meeting/Staff Consultation B View Analysis 1 Viewing Platforms 2 Determination of Significant Ridgelines C Selecting a Building Site S1 Locate Buildings within LRDA S2 Preserve Views of Highly Visible Hills S3 Reduce Visual Impact S4 Ridgeline View Protection S5 Preserve Natural Features S6 Avoid Hazardous Building Sites S7 Protect Riparian Corridors S8 Protect Wildlife G1 Solar Orientation G2 Impact on Adjacent Properties G3 Minimize Grading TOWN OF LOS GATOS Page 1 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance III Site Planning A Grading S1 Minimize Cut & Fill per Table S2 Define Earthwork Quantities [Access/House/Cellar/Other] S3 Locate Buildings to Minimize Grading S4 No Strip Grading S5 Grade footprint/access/guest parking/turnaround only S6 Restore to Original Topography S7 Utilize Contour Grading Techniques S8 Restore Vegetation at Cut/Fill Slopes S9 Erosion/Sediment Control Plan [Interim and Permanent] S10 Grading April - September B Drainage S1 Runoff Dispersion On-Site S2 Upslope Drainage shall not Impact on Downslope Development S3 Preserve and Enhance Natural Drainage Courses S4 New Drainage Channels to be Naturalized [rock/vegetation] G1 New Drainage Channels to be placed in less visible Locations G2 Lining of Drainage Channels is Discouraged [bio-swale] G3 Dry Stream effects preferred over Undergrounding of Drainage. C Driveways & Parking S1 Locate Driveways to Reduce Grading S2 Driveways prior to Occupancy S3 Gates set back min 25' from street S4 Driveways to receive All Weather surface S5 Max Driveway Slope to be 15% G1 Min [single house] Driveway width to be 12' G2 Max Driveway length 300'. Turnaround area slope < 5%. G3 Driveways min 20' apart or adjoining. Safe distance from Intersections G4 Shared Driveways: encouraged to reduce grading and impervious G5 Driveways located/maintained to ensure good line-of-sight. D Safety Geologic Hazards S1 Site Specific Geologic Investigation may be Required. S2 Site Specific Geologic Investigation concerns to be addressed TOWN OF LOS GATOS Page 2 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance Fire Hazards S1 Locate and Design Structures to minimize exposure to wildfires S2 Provide Landscape (Plan) to create defensible space around home S3 Provide adequate Fire Access S4 Ensure adequate water supply for fire prevention S5 Water suppression available and labeled for fire prior to framing S6 Above ground water storage tanks may not encroach into setbacks. G1 Development should avoid areas subject to severe fire danger. G2 Selectively reduce Fuel Load inside defensible space G3 Ensure Fuel Sources are discontinuous. G4 Landscape Defensible Space with fire prevention in mind. G5 Minimize visibility of above ground water storage tanks. IV Development Intensity A Maximum Allowable Development 1 Adjust Lot for Slope per Table 2 Verify Max Gross floor area < FAR B Exclusions 1 Cellars 2 Garages up to 400 sq ft 3 Stables that are not fully enclosed 4 Barns (size dependant on lot size: 500-2,500 ft.) C Exceptions to maximum floor area 1 Will not be visible from established viewing platforms 2 No significant impact on trees, wildlife or movement corridors 3 Minimize grading area to accommodate buildings >FAR 4 All standards and applicable guidelines are being met 5 Compliance to Title 24 w/ margin of at least 10% 6 Pre-wire for future photovoltaic installation 7 A min of 25% of hardscape mat. is permeable 8 Include cellar element unless conflicts w/other standards 9 No significant visual impact to neighboring properties V. Architectural Design A Design Objectives O1 Visually blends with natural environment O2 Responsive to site constrains & opportunities O3 Compatible with the neighborhood & respectful of neighbors O4 Respect of the rural character of the hillside TOWN OF LOS GATOS Page 3 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance B Design to be neighbor friendly S1 Study site lines: place windows & outdoor areas to maintain privacy G1a Minimize 2nd story windows facing close neighboring properties G1b Orient windows, decks, & balconies to avoid privacy for neighbors G1c Screening: solid retaining walls, lattice work, planters: obscure sight lines G1d Limit decks & balconies to 6' depth in privacy areas. G1e Use landscaping to screen views to your neighbors G1f Existing vegetation that protects privacy should not be removed G1g Screen noise sources: parking, outdoor activity, mechanical, pool G1h Outdoor activity areas away from neighbors quiet areas (bedrooms) C Design for Sustainability S1 None G1 Energy conservation & water saving techniques above min req of Title 24 G2.a <3,500 sf incorporate a variety of green building strategies + mat. G2.b >3,500 sf - incorporate additional energy + resource saving features G3 Design for solar (space & water) & utilize natural cooling & lighting G4 Materials: use less natural resources; non-toxic; salvaged or reused. D Design for fire safety S1 Structures shall be designed to maximize protections from wildfires S2 Roofs shall have a Class A covering or Class A roof assembly S3 Eaves & soffits: exposed underside - noncombustible or min 1-hr resist. S4 Gutters & downspouts: non combustible material S5 Exterior walls: - noncombustible or min 1-hr resist. S6 Under floor & deck: enclosed to grnd - noncombustible or min 1-hr resist. S7 Attic + vents covered w/corrosion-resistant mesh not to exceed 1/4" S8 Automatic fire sprklr installed per National + Fire Depts Standards S9 Roof skylights shall be tempered or have multi-layered glazing G1 Exterior windows should be tempered glass. G2 Minimize windows on side of house exposed to an approaching fire G3 Design roof eaves with minimal overhang for heat & flames E Building Height S1 Max height for hillside areas is 25 ft S2 Max overall height <35 ft.; <28 ft. if visible from viewing platform S3 Ridgeline & visible homes shall not exceed 18 feet above grade S4 Main level FF, excluding cellar, < 4 ft above existing grade S5 Three story elevations are prohibited TOWN OF LOS GATOS Page 4 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance F Minimize building bulk & Mass S1 Minimize bulk, mass & volume, from distance or surrounding properties S2 Design to conform to natural topography of site & run w/contours. G1.a Keep building forms simple G1.b Avoid architectural styles that are viewed as massive & bulky G1.c Minimize square footage G1.d Minimize volume; avoid large volume buildings G1.e Avoid overhanging decks, staircases, & patios formed by retaining walls G1.f Step the building foundation & roofs with natural slope G1.g Use horizontal & vertical building components to reduce bulk. G1.h Create light & shadow w/ modest overhangs, projections,alcoves,offsets G1.i Vary elevations, stepping back second stories to conform with topo G1.j Use below grade rooms. Use landscape & grading to reduce bulk G1.l Use vaulted ceilings rather than high walls + attics to achieve 'volume' G Roofs S1 Small [roofs, lines, components] to reflect irregular natural features S2 Slope of main roof to be oriented w/direction of natural terrain G1 large gable ends on downhill elevations should be avoided H Architectural elements S1 Enclose w/ walls: ext struct. supports, under flrs & decks S2 Skylights to reduce night glare. No glazing on large dome-style S3 Arch detailing on all sides. G1 Minimize large windows & glass doors to prevent glare G2 Avoid massive, tall elements, 2-story entry, turrets, large chimneys I Materials & Color S1 Minimize contrast between manmade buildings and environment S2 Exterior colors not to exceed reflectivity of 30 & blend w/vegetation S3 Variety of dark earthtone roofs that blend w/the environment S4 Should use copper on exposed metal surfaces or a paintable surface S5 Contrasting color accents kept to a minimum G1 Mat, textures, details used to mitigate visual impact of large wall areas TOWN OF LOS GATOS Page 5 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance V. Site Elements A Fences and Walls S1 Min use of walls & fences. Maintain open views, rural + natural char. S2 Fences & walls shall not exceed 6' in height S3 Solid fencing mat shall not be used unless needed for privacy S4 Deer fence max of 8' & limited to ornamental landscaping. S5 Fences not to impede movement of wildlife S6 Temp construction fencing limited to building envelope G1 Wood rail-type fences and gates preferred G2 Chain link fences strongly discouraged G3 Chain link dark color, vinyl & supported with wood frame G4 Open fencing located within 20 ft of property line adjacent to street G5 Fences should follow topography B Driveway Entries S1 Blend w/ natural environment & maintain rural character of hillside S2 Entry gate set back from edge of street 25' S3 Direct lighting at entries downwards & not visible from street S4 Display street address to be visible from street at driveway S5 SCC Fire Dept to approve electronic or locking entry gates G1 Entryway gates and fencing should be an open design G2 Monumental entry gates are strongly discouraged C Retaining Walls S1 Use to substantially reduce amount of grading S2 Use natural stone, stained concrete, or tex surface if visible from street S3 Retaining walls & planters setback; or buffer of 5' adjacent to street S4 RW blend w/natural topo, not run in straight direction >50' S5 Landscape adjacent to RW with native trees + shrubs to screen wall S6 RW constructed of permanent materials (stone, concrete, etc) not wood D Outdoor Lighting S1 Outdoor lighting conform w/Town Zoning Ordinance S2 Not visible/glare to neighbors, low level, directed downward S3 Unshaded or non-recessed spotlights are prohibited S4 Decorative only lighting prohibited. No uplighting of trees S5 Lighting for sports courts prohibited G1 Use of energy-efficient lighting is encouraged G2 Outdoor lights above 4' should use cutoff fixtures TOWN OF LOS GATOS Page 6 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance E Accessory building, pools and sports courts S1 Accessory building have the same setbacks as main building S2 Acc. buildings integrated w/topo + use similar forms, colors,materials S3 No sports courts or pools on slopes greater than 30 percent S4 New caretaker units allowed when in compliance with the following: S4.a Necessary/desirable to provide maint. or services to property/facilities S4.b The lot is large enough to support second living structure S4.c Maximum floor area for caretaker unit - 900 sq ft S4.d Architecturally compatible w/main structure S4.e Lot is not part of a Planned Development G None F Impervious Surfaces S None G1 Minimize impervious. Use pavers, natural stone in sand, decomp. granite G2 Run off directed away from native trees and shrubs VII Landscape Design A Landscape design concepts S1 Maintain natural appearance of hillsides S2 Design for fire safety. Min vertical clear 13.5' over acc. roads & drive S3 No formal landscaping. Use native species indigenous to immediate area S4 Formal gardens + turf areas limited to areas adjacent to house S5 Irrigation design to conserve & protect existing native vegetation S6 Plant selection: water conservation, fire resistant & erosion control S7 Plants > 30' from primary house indigenous for immediate natural habitat G1 Arrange in random, informal groupings. Blend with natural hillside G2 Use to control exposure to sun and winds G3 Use to control erosion, screen building, privacy, create shade G4 Minimize use of impervious surfaces - use decomp granite, pavers in sand G5 Avoid landscaping adjacent to street, driveway entrance, trails G6 Plant trees & flammable vegetation 30' away from home TOWN OF LOS GATOS Page 7 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance B Plant Material S1 Select native species that are adapted to climate & soil char. of site S2 Ornamental landscaping no more than 30' from residence. Discouraged S3 No spreading plant that will change the character of the hillside S4 Turf grass & high water using plants are prohibited G1 Drought tolerant, water conserving, fire resistant, erosion control G2 Adaptable to climate & soil conditions of site G3 Trees & shrubs should be selected from Town's list G4 Plants adjacent to street & visible from public areas - Use Town's list G5 Native shrubs for large slope plantings D Tree Preservation S1 Existing trees shall be preserved & protected S2 When trees may be impacted by development, include tree info on plans S3 Visual impact of tree removal shall be submitted with plans S4 Pruning to be consistent w/ Best Management Practices G1 No grading/constructing within drip line of an existing tree G2 Limit pruning of existing trees G3 Minimal pruning permitted for construction clearance G4 Can remove branches up to 3" in dia for emergency situation VIII Subdivision and Planned Development Projects A Purpose and intent: to reduce hillside impacts. B Applicability of standards: PD applications in hillside areas C Least restrictive development areas (LRDA) S1 Preserve open space and significant natural features. Develop in LRDA S2 LRDA = below ridge view; outside riparian areas; slope < 30%; min impact. S3 Map LRDA (Sub-areas 2-9). Development outside LRDA is a last resort. S4 Sub-area 1: LRDA is identified in Blossom Hill open space study. D Exceptions to development within LRDA 1 Compliance w/ HDSG, Hillside Specific Plan, General Plan 2 Minimal grading, tree removal, landscape changes & more advantageous. 3 Development inside LRDA needs driveway outside LRDA 4 Project Visibility from viewing platform < if inside LRDA E Development standards and guidelines 1 Site Preparation S1.a Min grading. Visually blend with adjacent natural areas S1.b Elevation plans to show existing natural grade and proposed grade S1.c Avoid sharp cuts & fills, long linear slopes that have a uniform grade TOWN OF LOS GATOS Page 8 Town of Los Gatos Hillside Development Standards & Guidelines: Compliance Checklist Address: _______________________________________ Section Standards & Guidelines Compliance G1 Avoid grading in areas where slope is greater than 25 percent G2 Avoid pad & terrace grading. 2 Drainage S2.a Upslope development shall not negatively impact downslope drainage S2.b Natural drainage course shall be preserved G1.a Terrace drains, use landform slope. Down drains-least consp location G1.b Native rock for drainage channels & brow ditches 3 Lot configuration and building locations S1 Layout/plan to adapt to existing topo S2 Offer a variety of lot sizes & shapes influenced by topo S3 Preserve open space, protect natural features, reduce repetitive designs S4 Indicate Building footprint on grading plan & staked on site S5 Mfct'd slopes located on uphill side of bldgs; hide slope behind bldg G1 Preserve environmentally sensitive areas, natural features, open space 4 Street layout and driveways S1 Street & drainage shall reflect rural character, natural features G1 Streets, drives, parking, emerg. veh. access be aligned to existing grades G2 Joint driveways will have street addresses for all resid. Using driveway G3 DW approach located to max on-street parking G4 Limit road lighting to intersections, curves, dead ends, multi-use parking G5 Road & driveway graded banks-plant with grasses & native trees & shrubs 5 Trails S1 Plans must be reviewed w/Trails section of Town & SC Cty General Plans G1 Trail easement dedication & construction shall be a condition of approval G2 Design trails for multiple use G3 Form CC&R's or maint. Districts so trail expense will be borne by HO's G4 Locate away from existing residential areas G5 Cross -country type trails should be developed G6 Place trails in dedicated open space + though trees and scenic areas G7.a Limit trail use to pedestrian, bicycle, and equestrian use only G7.b Prevent use by all motorized vehicles G7.c Protect the natural environments G7.d Promote safe recreational use G7.e Determine appropriate width G7.f Establish policies regarding fencing location & type G7.g Incorporate erosion control measures TOWN OF LOS GATOS Page 9