Item 2.Desk Item with Exhibits 19-20.400 Surmont
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
SPECIAL MEETING REPORT
MEETING DATE: 11/21/2022
ITEM NO: 2
DESK ITEM
DATE: November 21, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Construction of a Shared Driveway, Two New Single-
Family Residences to Exceed the Maximum Height for Visible Homes in the
Hillsides, and Site Work Requiring a Grading Permit on Vacant Property Zoned
HR-2½. Located at 400 Surmont Drive. APN 527-20-003. Architecture and
Site Applications S-21-004 and S-21-023. PROPERTY OWNER: Sandra K.
Anderson, TTE. APPLICANT: Studio 3 Design. PROJECT PLANNER: Ryan Safty.
REMARKS:
Exhibit 19 includes public comment received between 11:01 a.m., Friday, November 18, 2022,
and 11:00 a.m., Monday, November 21, 2022. Exhibit 20 includes applicant responses to public
comments included in Exhibit 17.
EXHIBITS:
Previously received with the November 18, 2022 Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Subdivision Notice of Exemption
5. Project Description/Letter of Justification
6. Property Photos
7. Color and Materials Board – Parcel 1
8. Color and Materials Board – Parcel 2
9. Visibility Analysis
10. Consulting Architect’s Report
11. Applicant’s Response to Consulting Architect’s Report
12. Consulting Arborist’s Report
PAGE 2 OF 2
SUBJECT: 400 Surmont Drive/S-21-004 and S-21-023
DATE: November 21, 2022
EXHIBITS (continued):
13. Applicant’s Response to Consulting Arborist’s Report
14. Neighbor Outreach Summary
15. Development Plans – Parcel 1
16. Development Plans – Parcel 2
17. Public Comments
18. Applicant’s Response to Public Comments
Received with this Desk Item Report:
19. Public Comment received between 11:01 a.m., Friday November 18, 2022, and 11:00 a.m.,
Monday, November 21, 2022
20. Applicant’s Response to Public Comments in Exhibit 17
From: Diane Michaelis
Sent: Friday, November 18, 2022 2:45 PM
To: Planning Comment <PlanningComment@losgatosca.gov>
Cc: Ryan Safty <RSafty@losgatosca.gov>
Subject: 400 Surmont Dr - Planning Commission Meeting 11-21-2022
EXTERNAL SENDER
Dear Planning Commissioners,
It has come to our attention that the permit application presented to the Town is grossly inaccurate in
several areas, including its description of the visibility analysis. The newly proposed houses violate the
very intent of the Los Gatos Town Hillside Specific Standards and Guidelines. As the recently erected
story poles and netting reveal, both of the houses are extremely visible from the view platform, referenced
in the Constraints Analysis and Site Selection. The houses dominate, rather than blend in with the scenic
appearance of the open hillside. As neighbors, our views and privacy will be significantly impacted,
especially by the large, bulky upper house.
The proposed development does not maximize a contiguous open space, but rather would interfere and
abruptly end the Open Space Easement that exists on our adjacent property. This easement, which
was dictated by the Town of Los Gatos, when our property was created by a 1985 subdivision, prohibits
any development on the hillside. The proposed development would essentially negate the intent of that
open space easement, which sought to preserve the continuous natural scenic hillside beauty,
as described in the current hillside standards.
All new hillside construction should be required to adhere to the Los Gatos Town Hillside Specific
Standards and Guidelines, which were established in order to protect the views of the hillsides from
adverse visual impacts, to maintain the natural appearance of the hillsides from all vantage points, to
maintain the character of the hillsides and maximize the contiguous natural open space and to ensure
that the development does not dominate, but rather visually blends and achieves harmony with the
natural environment. It should be clear that, in order to achieve this objective, those seeking to develop
within this environment are required to recognize and respect the constraints associated with hillside
development.
Diane Michaelis
EXHIBIT 19
The following is for public record for the town of Los Gatos, to document specific and formal
objections to the proposed development at 400 Surmont Drive that are being presented at the
Planning Commission Public Hearing on Monday, November 21st, 2022 at 7pm.
To Ryan Safty and members of the Town of Los Gatos Planning Commission, I hope this
finds you all doing well.
As you know, Story Poles for the housing development on Surmont Drive are up, and I would
like to invite you to come up to the front of our home to see them.
I encourage you to view these proposed houses from our perspective – from our front porch, in
relation to the home we've lived in for over 43 years – and in doing so, to seriously consider the
following issues:
1. Absolute Minimums
The Story Poles erected last month show that the proposed 4,700+ square foot house
closest to us would be the absolute minimum distance allowed by the town: exactly 20
feet from our property. This is one of the main reasons I invite you to come and stand
by our front porch to see and to feel just how uncomfortably close this house would be.
PHOTO TAKEN FROM OUR PORCH
In the original subdivision proposal for 400 Surmont Drive, it states: “both houses are planned
to be one-story with generous setbacks and floor plans that nestle into the hillside terrain.”
These proposed houses are FAR from nestled into the hillside; they are all on top of one
another! Further, and more critically, with the increase in wildfires in California, we ask that
the town consider the Defensible Space and Open Space Easement ordinances to keep all
homes safe (not just ours) before allowing houses of this size to be built in such close
proximity.
The proposed Shared Driveway for this development is also at the absolute minimum:
just 12 feet wide. (More about this driveway below.)
2. A Major Exception
Each of the two proposed houses exceeds the maximum height allowance for the
town’s limits for hillside homes which, as you know, is 18
feet. These houses range from approx. 22 to 24 feet at their highest point.
We are opposed to this, as it would overpower the front of our home. And with TWO
houses of this size, it would create an overbearing presence in the neighborhood. (See
photos below)
Photo taken from Leigh Ave & Blossom Hill Rd
Photo from viewing platform at Los Gatos-Almaden Road and Selinda Way
Thus, as the Hillside Specific Plan states, if a house is more than 25% visible from the
viewing platform at Los Gatos Almaden Road and Selinda Way, then it could be required
to lower the ridge height to 18’.
3. The Storm Drain/Culvert
After hiring our own land surveyor, we learned that the proposed Shared Driveway for
this development will be so close to our property that we decided to put up a low-lying
barrier along the southwest corner of our property so the developers would not come
onto our property during construction, as it would be a liability for us. This, as we
understand it, is because the developers refuse to move forward with the original plan
to extend Surmont Drive and build a cul-de-sac that would properly service these new
houses. Instead, they plan just to leave the old existing storm drain in the middle of
three active driveways. When we asked why the cul- de-sac was no longer being
considered, we were told by the developer that the town of Los Gatos had voted
against it. I asked Ryan Safty for documentation on this, and this was his reply on
3/16/22:
Hi Paul,
Please see attached the CDAC report and meeting minutes. The plans that went before CDAC
showed the cul-de-sac bulb. The meeting minutes state the following:
• The Committee did not express concerns with the proposed cul-de-sac and lot
configuration.
Respectfully,
Ryan Safty ● Associate Planner
We respectfully ask the town to reject the Requested Approval for Construction of a
Shared Driveway and to inquire as to why the cul-de-sac plans have been abandoned,
and why the developer is not building proper and safe access to private driveways for
hillside houses. There is nothing in the environmental report that states that the current
storm drain cannot or
should not be moved further up Surmont Drive and a sounder and more appropriate
culvert be constructed.
The existing culvert is a serious safety issue and needs to be reconsidered before any
development is done. Although the town recently came out and replaced the wood
around it, this did nothing to reinforce its banks. It is crumbling on both sides, and now,
after the workers were here, the main pipe is filled halfway with dirt.
And it will continue to crumble deteriorate as numerous vehicles, workers, machinery
and equipment disturb the land as they develop around it.
We would ask that it be relocated several yards up the hill to a safer area
so that three driveways are not in direct line with it, and the new private
driveway is not encroaching on our own driveway and property.
If left in its current location and two acres of land are bulldozed, this development would not
only change the entire flow of water coming off the hill, but it would also restrict access to Fire
and Sanitation Vehicles, which brings me to the last concern:
4. The Garbage Can issue.
In my letter to the town in March of 2021, I raised concerns about the number of
garbage cans there would be if these houses were built. The following is, in part, what I
wrote:
“At our house, we have 5 garbage cans. In the heavier growing season, we have
7. Sandy has 5 generally, but sometimes 8. And she brings them down from her
property and places them in front of our house, as that is the only place on
Surmont Drive for them. Her property has no curb space for garbage cans.
Neither does the Bates’ property ). Currently, every
Thursday/Friday, along with the other 3 homes that share road space for cans,
somewhere between 16 and 21 garbage cans are placed on Surmont Drive.
“Each of the two approved subdivisions is ~1.3 acres, so they could potentially
have 5-7 cans each as we do, which would mean 10-14 more garbage cans. (15-
21 if a third home is built). Where are these 34-45 cans going to go? Not at the
top (hammer head) of this proposed Shared Driveway. And, contrary to what
the developer has stated, West Valley Collection & Recycling will NOT guarantee
that they will send a smaller garbage truck up the private driveway except for an
“on-site prem” (disabled) provision. “The cans must be curb- side”
I have called West Valley Collection & Recycling several times to talk with Matt
Chapa, the supervisor who came out to Surmont Drive earlier last year to talk
with us about garbage removal for this development, and he told me that, in
fact, they CANNOT guarantee (in writing or otherwise) that they will send a
smaller garbage truck up a private driveway. I followed up this past week
(11/9/22) and spoke with an employee named Eddie, and he said to me, "We
don’t even have small trucks!"
Given the above four issues, we ask that the town reject the requests for approval for
Construction of a Shared Driveway, Two New Single-Family Residences to Exceed the
Maximum Height for Visible Homes in the Hillsides, and Site Work Requiring a Grading
Permit on Vacant Property Zoned HR-2 ½.
Again, I hope and encourage each of you to come up to view the Story Poles, the
Storm Drain, and the proximity of the proposed driveway to our property. You have
my permission and the permission of my entire family to walk up our driveway to get
a closer look and feel at what is being asked of you to vote on.
Thank you for your time.
Paul Cosentino
From: Todd Osborne
Sent: Sunday, November 20, 2022 8:11 PM
To: Planning Comment <PlanningComment@losgatosca.gov>
Cc: Todd Osborne
Subject: Osborne Family Public Comment Document Submission: For 400 Surmont Court PLANNING
COMMISSION Hearing on Monday 11/21/22 at 7PM
EXTERNAL SENDER
To: Mr. Ryan Safty and Town of Los Gatos Planning Commission,
Fm: Todd Osborne and Cindy Osborne Family
, Los Gatos, CA 95032
Re: Public Comment Submission for Public Record, Hearing About 400 Surmont Drive, Monday
11/21/22 at 7pm
Please find the attached .pdf format document with the public comments from our family, a neighbor to
the 400 Surmont Drive project being considered at the Planning Commission hearing.
Thank you for placing this in the public record as you review the proposal and agenda items as defined
in the hearing notice we received via mail.
Sincerely,
Todd Osborne and Cindy Osborne Family
Sunday 11/20/22
PS. Due to a work commitment, it is unlikely that we can attend the 7pm hearing in person via
Zoom. Please received and present our public comments. Thank you.
Todd and Cindy Osborne Family
, Los Gatos, CA 95032
Los Gatos Planning Commission Members
Attn: Mr. Ryan Safty, Project Planner, Town of Los Gatos
RE: 400 Surmont Drive Development, Public Hearing Scheduled for November 21, 2002
DELIVERED SUNDAY 11/20/2022 VIA EMAIL: PLANNINGCOMMENT@LOSGATOSCA.GOV
NOTE: DEADLINE FOR SUBMISSION PER GREEN MEETING NOTICE IS MONDAY 11.21.22
11AM
TO: Mr. Ryan Safty and Members of the Town of Los Gatos Planning Commission;
We are writing to place into the public record our family’s PUBLIC COMMENTS. Please
see the following letter delivered via email to the PLANNING COMMISSION for consideration
at the public hearing on Monday, November 21st, 2022 at 7pm.
Specifically, we believe the developer’s plans for 400 Surmont Drive do not align with
the requirements, objectives, and goals of the Town of Los Gatos Hillside Development
Standards & Guidelines approved by the Town Council in 2004.
We also believe the developer’s actual plan, as defined by Story Poles now in place
and described in the Updated Revised Letter of Justification and Description dated August 9,
2022, is highly inconsistent with what was communicated to neighbors dating back to August
2020. The current plan and elements under consideration by the PLANNING COMMISSION
should be rejected, included the 3 items listed here:
1. Construction of Shared Driveway
2. Two New Single-Family Residences to Exceed Maximum Height for Visible Homes
in the Hillsides
3. Grading Permit on Vacant Property Zoned HR-2 ½, APN 527-20-003
We support a fair minded, reasonable development, but only a plan that meets
the town’s baseline and is safe and appropriate, matching or exceeding existing standards
and guidelines without exception.
Overview Details:
After reviewing the materials provided by the developer by mail (August 2000) to our
family as a “neighbor” and then reviewing additional documents subsequently uploaded by
the developer and 3rd parties working on behalf of the developer, we find that many of the
original promised attributes/details of the development have changed for the worse and ask
the Planning Commission to review/reject all of the proposal elements and waivers until
changes are made by the developer for reasons that include:
1. Open Space Views and Requirements Not Supported by Home Locations/Designs
2. Change from Single Story to Multi Story Requiring Waiver on Maximum Height
3. Safety and Access Hazards Due to Lack of Promised Generous Setbacks
The developer’s new waiver/permit requests demonstrate that the project DOES
NOT meet a baseline standard to move forward and should not be given any waivers or
exceptions to the town’s standards and guidelines for hillside development.
An immediate example that negatively impacts public good at large and the Town of
Los Gatos can be seen in the photo below, taken from the defined town Viewing Platform, of
the installed Story Poles. Homes stand out and are obvious to the naked eye (photo in 50mm
focal length), with one entire home is 100% visible and the second at least 80% visible.
Oddly, the photo in the Visibility Study provided by TS Civil Engineering in the Updated
Visibility Study document purported to be taken from the town’s Viewing Platform does not
represent the reality of the scene. The photo (50mm focal length from LG-Almaden and Selinda
Way) is not from Viewing Platform and camera is directed at the ground rather than the hillside
Story Pole locations. This is clear case of incorrect documentation.
Additionally, it’s particularly problematic to us that the civil engineer report(s)
devalue the Town of Los Gatos Hillside Standards and Guidelines, stating/implying they are
archaic, bogus, and should be invalidated, using the term “illogical aberrations” and
apparently not worthy of the developer’s consideration or concern. See actual final
paragraph:
“It should be noted that somehow the good intentions of the Hillside Specific Plan
visibility policies related to only “ridgeline projection” have evolved over 40 years to now
require “invisible residences,” The proposed residences are neither unsightly nor obtrusive,
and the original staff who developed these policies in the 1980s would be disappointed about
the present illogical aberrations…”
The developer and civil engineer should not be permitted to submit false or
misleading information to fit their preferred narrative while disregarding the Town of Los
Gatos Hillside Standards and Guidelines (which exist for all residents and the public good at
large).
Additional Concerns:
HILLSIDE STABILITY AND DRAINAGE: Additional impacts to the public good and the
neighborhood directly below 400 Surmont Drive that we believe should be addressed by the
Planning Commission include changes of hillside integrity and stability. New grading permit for
this development will absolutely affect changes to existing hillside open space. Unintended
consequences that include potential for change to water runoff, altered drainage flow,
increased chance of mudslide and instability, and even expanding possibility of flash flood
(especially if/when the minimal existing drainage areas / culvert become blocked or
collapse).
WILD FIRE DANGER AND DRIVEWAY ACCESS: We believe the proposed home
locations and development of this hillside open space property as currently designed,
increase the chance of major fire events and reduce the ability of emergency first responders
to access and fight wildfire. The proposed shared driveway is a specific concern as the
maximum space available is apparently limited to only 12 feet width and required fire
equipment turning radius appear uncertain from plans (with construction of driveway
between proposed walls, drainage culvert, and property line). Should the driveway be
blocked by parked vehicle(s) there is no chance that fire engine could access up the hillside
or even as far as the two proposed homes. That inability to fight a fire means a far greater
chance that a fire will spread to the neighborhoods below 400 Surmont Drive and beyond.
WILDLIFE HABITAT AND INVASIVE AFFECTS: The positive aspects of wildlife in our
neighborhood have already been impacted by hillside development activities. And
unintended consequences have appeared including present in prior 24 months of dangerous
animals being pushed into existing neighborhood because of development work.
Rattlesnakes are now commonplace despite fact we’ve never seen a rattlesnake on our
property before August 2020.
Rodents too have infiltrated down the hillside and become problematic for the first time in
over 20 years.
PROBLEMATIC LOGISTICS OF GARBAGE COLLECTION: The existing street design
creates a significant amount of garbage can congestion two days a week (Thursday and
Friday) when a large number of family homes place their garbage cans (organic, recycling, and
regular garbage) in a very small area at and near the intersection of Surmont Drive and
Surmont Court. Because existing and proposed hillside homes have no curbside, the existing
access and visual nuisance will be made worse with large volume of new cans.
HILLSIDE VIEW TO RIDGELINE FROM : As final photo submission
confirms, our family loses a significant portion of the ridgeline view we’ve enjoyed in the 23
years we’ve lived in our home. Height waiver should not be granted for this reason as well.
Photo above taken from deck at 50mm focal length from .
Thank you for your attention and consideration to the issues we’ve raised in this letter.
Sincerely,
Todd and Cindy Osborne
Los Gatos, CA 95032
From: Carol Muser <
Sent: Monday, November 21, 2022 9:38 AM
To: Planning <Planning@losgatosca.gov>
Subject: SPECIAL MEETING AGENDA NOVEMBER 21, 2022
EXTERNAL SENDER
To the Town of Los Gatos Planning Commission,
Thank you for strongly encouraging my active participation in the public process.
In regard to the agenda of today's meeting,
I am writing to express my belief that State Minimum Fire Safe Regulations should be upheld
without this exception.
I am also writing to express my belief that Maximum Height for Visible Homes in the Hillsides
should not be exceeded.
Regards,
Carol Muser
Los Gatos, CA 95032
TOWN OF LOS GATOS PLANNING COMMISSION - SPECIAL MEETING AGENDA NOVEMBER 21, 2022 110 EAST MAIN STREET LOS GATOS, CA
The Town of Los Gatos strongly encourages your active participation in the public process,
which is the cornerstone of democracy.
1. Requesting Approval for Construction of a New Single-Family Residence and Site
Improvements Requiring a Grading Permit and an Appeal of a Santa Clara County Fire
Department Decision Denying a Request for an Exception to the State Minimum Fire Safe
Regulations on Property Zoned HR-1. Located at 17121 Crescent Avenue. APN 532-21-007.
Architecture and Site Application S-21-021. PROPERTY OWNERS/APPLICANTS: Eric and
Lee Ann Wade.
PROJECT PLANNER: Sean Mullin.
2. Requesting Approval for Construction of a Shared Driveway, Two New Single-Family
Residences to Exceed the Maximum Height for Visible Homes in the Hillsides, and Site Work
Requiring a Grading Permit on Vacant Property Zoned HR-21⁄2. Located at 400 Surmont Drive.
APN 527-20- 003. Architecture and Site Applications S-21-004 and S-21-023. PROPERTY
OWNER: Sandra K. Anderson, TTE. APPLICANT: Studio 3 Design. PROJECT PLANNER:
Ryan Safty.
https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Agenda-
7653826a7a76470f8a5d67303af1bfc1.pdf
From:
Sent: Monday, November 21, 2022 9:33 AM
To: Ryan Safty <RSafty@losgatosca.gov>
Cc: Jennifer Armer Subject: SURMONT SUBDIVISION
Hi Ryan
At the time I wrote my rebuttal to Paul's comments to the Planning Commission, I had
not been able to make contact with Matt Chapa with West Valley Collection. This
morning I was able to talk with Matt, and he assured me that West Valley will pick up
trash cans in the hammerhead of the project based on the plans I provided him when
we met (Paul, Matt, miscellaneous neighbors, and I) earlier this year at the project site.
Thanks
Bob
Robert O. Hughes
THE BUILDING WORKS
EXHIBIT 20
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