12 Desk Item Hillside Development Standards & GuidelinesW N
OF
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COUNCIL AGENDA REPORT
MEETING DATE: 2/02104
ITEM NO.
DESK ITEM
DATE:
February 2, 2004
TO:
FROM:
MAYOR AND TOWN COUNCIL
DEBRA. FIGONE, TOWN MANAGE
SUBJECT:
CONSIDER ADOPTION OF HILLSIDE DEVELOPMENT STANDARDS &
GUIDELINES.
DISCUSSION:
The attached letters were received following distribution of the report and addendum. Attachment
24 is a revised alternate resolution to be used should the Council decide to allow an exemption for
the McCarthy Planned Development. The language for the exemption has been changed to clarify
that while the maximum floor area will not apply, future Architecture and Site applications will be
required to comply with all applicable General Plan, specific plans, Town Code sections and Town
standards and guidelines.
Attachments:
L-20. Previously received items
21. Letter Peggy Dallas (one page) received February 1, 2004.
22. Letter from Clark & Suzanne Cochran (two pages w/three page attachment) received
February 2, 2004:
23. Letter from Peggy Dallas (one page) received February 2, 2004.
24. Revised alternate resolution (two pages)
BNL: SD
N:\DEV \SUZANNE\Comcil\Reports\MO03-04\HIDS&G4-dskwpd
PREPARED BY: BUD N. LORTZ
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: Assistant Town Manager Attorney Clerk Finance
Community Development Revised: 2/2/04 5:02 pm
Reformatted: 5/23/02
Suzanne D vis -Proposed Hillside Standards Pa e
From: "Peggy Dallas" <pdallas@garlic.com>
To: <sglickman@losgatosca.gov>, <mwasserman@losgatosca.gov>,
<sdecker@losgatosca.gov>, <dmcnutt@losgatosca.gov>, <jpirzynski@losgatosca.gov>
Date: 2/1/04 10:56PM
Subject: Proposed Hillside Standards
Dear Councilmembers,
I am writing to ask the council to implement the proposed Hillside
Standards without granting an exception to recent planned developments
such as the Vineyard Heights Development. I have served as your
representative on the Architectural and Hillside Standards Committee for
the past four years, and as a hillside community representative to the
General Plan Task Forces I and II. 1 believe that the proposed standards
have been carefully written to balance personal property rights with the
community's desire to protect the Town's hillside resource. This process
included many months of public hearings and everyone with hillside
developments during this time knew that new standards would be
forthcoming. Specifically, I think the claim that Vineyard Heights is
economically undermined under the new standards is. unsupported and not
relevant.
As a resident of Foster Road, I can fully appreciate the substantial
community benefits that the Vineyard Heights Development delivered in
exchange for the right to develop some of the most desirable hillside
backdrop in the community. Without these benefits, the Vineyard Heights
project might not have been allowed to proceed, and they do not justify
an exception to the Hillside Standards, in my opinion.
welcome Joe McCarthy and his Vineyard Heights Development as my
neighbor and I appreciate his patient, sensitive approach toward this
project, but I urge you to insist that Vineyard Heights adhere to the
same Hillside Standards. that other 2004 hillside projects will be asked
to. In my opinion, the council must explain clearly and specifically
what special circumstances justify any exceptions to the written
standards.
Peggy Dallas
CC: "Joey McCarthy Jr." <joeym@mccarthyranch.com>, "Alastair Dallas"
<adallas@infospect.com>, <sdavis@losgatosca.gov>, <blortz@losgatosca.gov>,
<pdubois@tomasidubois.com>, <leeandpaul@earthlink. net>, <HJEvers@aol.com>,
<clerk@losgatosca.gov>
Attacbment 21
February 2, 2004
The Honorable Mr. Steve Glickman, Mayor
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Cc:
Vice Mayor Mike Wasserman
Council Member Sandy Decker
Council Member Diane McNutt
Council Member Joe Pirzynski
Re: McCarthy Hillside Standards Exemption Request
Mr. Mayor and Council Members,
We applaud the applicant's removing the Guadalupe College eyesore that blighted our
hillside, but he did not do this altruistically. He did it for profit and he did it from the very
start with full and continued knowledge of the evolving Hillside Standards.: He knew they
would restrict his flexibility to build and that allowed him to buy the land cheaply. Now
he asks to be exempt - for his personal gain. He wants you to change the rules just for
him.
Let's look at the details of this request:
We have attached three pages personally obtained from the lots themselves. The same
information is available online at www.mccarthyland.com. Based on this information,
Mr. McCarthy will gain approximately $10 Million profit, but only if he can sell the lots
for his full asking price. This is improved if larger houses can be built.
There will be no town benefit.by Mr. McCarthy replacing the 160,000 sq ft college with 5
houses of 10,000 sf each- Since they will be such large houses closely spaced on adjacent
lots, from downtown they will look like one huge unit. The story poles made this
obvious.. As a unit, they will.dominate our town's hillside vista. Imagine what they will
look like when they are all fully lit-up at night. They would become the next Los Gatos
landmark. It would be a travesty for our town to be known by these monuments.
There are no A & S applications for these houses, so this request seems moot. However,
Mr. McCarthy can already achieve. his size request by using basements. Someone paying
$3 Million for a lot can afford a basement. This solution is totally within the approved
Hillside Standards. But, if the 25% visibility hillside standards are raised to 40% just for
him personally, every citizen in town will pay an awful price for'his profit every time
they look up at our hills.
McCarthy Hillside Standards Exemption Request - Page 2
Attacbment 22
The Town Council is charged with upholding our general plan and this request goes
against that plan. The Hillside Standards have been worked on for ten years. If this
request is approved, the first action after their approval will be to ignore them and
approve exactly what those guidelines were enacted to prevent..
If you approve this exemption and overturn the Hillside Standards, then all deep-pocket
hillside developers to follow will go around- the Planning Commission and use this
Council to achieve their special interest goals. Mr. McCarthy feels the Town has already
opened the doors to subverting the Hillside Standards because the Town already thanked
him by previously granting him an exemption for his personal residence. If this request is
approved, we might as well drop the Hillside Standards. They won't be enforceable. Your
decision starts the ball rolling in one path or another.' Tonight you decide which one it
will be.
This is a request driven solely by greed. It is about the special interests of one. We hope it
is not the intention of the Town Council to go on record helping one rich developer get
richer at the expense of ALL other residents. If you approve this applicant's request,
every day, every resident of and visitor to Los Gatos will look up at our beautiful hills -
those same hills thought be protected by our Hillside Standards for all to enjoy - and see
another eyesore. Why should we trade one eyesore for another?
Closely consider all-the negative impacts of approving this. request and then side with us
and the other 28,000 residents who don't want blighted hillsides, not the one special
interest applicant. For the sake of the town now and for our generations to come, vote
NO.
Sincerely,- 6~,~
Clark and Suzanne Cochran
60 Rogers Road
Los Gatos, CA 95030
17975 Foster Rd.
Los Gatos Exquisite Estate Sites
Once in a lifetime opportunity to build your dream estate home in a new community with
four lots ranging from an acre flat to an acre and a half. Breathtaking views of the
mountains, San Francisco, a nd valley. This community is located only 3 minutes from
downtown Los Gatos. City utilities, sanitary sewer, cable tv. Los Gatos schools.
Price range from $2,995,000 to $3,500,000
McCarthy Land Co.
408-262-3663
I,zlots@mccarthvranch.com -email
.www.mccarthvland.com
Pricing
Lot
2
I
6
1
Price
$2,995,000
$2,995,004
$.3,250,000
$3,500,000
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Peggy Dallas, Architect
. 17681 Foster Road
Los Gatos, CA 95030-7154
(408) 395-6767
February 2, 2004
Hon. Mayor Glickman and Town Council
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Dear Mr. Mayor and Councilmembers;
I am writing to express my concerns regarding the language of the proposed resolution
approving the Hillside Development Standards & Guidelines. With reference to Attachment 15 of
Debra Figone's memo of January 16, I am concerned that the exemption targeting Mr.
McCarthy's Planned Development on Foster Road is too broad.
The proposed resolution (Att. 15) states: "The maximum floor area standards shall not apply to
any Planned Development approved prior to the effective date of this resolution to which the
subsequent architecture and site applications have not been submitted to the Town." My concern
is that this categorical exemption is more sweeping than Ms._Figone's memo describes. Staff
writes that "Approval of the exemption simply allows the owner to apply for a home larger than
6,000 square feet. It does not guarantee approval and the burden of proof is on the applicant to
demonstrate that the design is appropriate..."
If the council adopts the exemption resolution, wouldn't Mr. McCarthy be justified in claiming that
no floor area standards apply to development on his five lots? As an approved Planned
Development, each proposed house is subject to review by the Town, but the proposed
resolution implies that such review must ignore the maximum floor area standards, which I don't
believe is the council's intent.
Perhaps the sentence should read:
"Planned Developments approved prior to the effective date of this resolution to which the
subsequent architecture and site applications have not been submitted to the Town may
ignore the guideline's floor area standards for the purposes of application but are still subject
to Town review and the intent of the hillside standards:'
As a member of the Hillside Standards Committee, I'd like to make sure that the resolution
adopting the standards fulfills the council's intent.
Sincerely;
Peggy Dallas
Atta.cbment 23
RESOLUTION 2004-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING HILLSIDE DEVELOPMENT STANDARDS & GUIDELINES
WHEREAS, the Town of Los Gatos desires to update its current Hillside Development
Standards, and
WHEREAS, the General Plan Work Plan includes the adoption of hillside design standards
and guidelines (Implementing Strategy CD.I.2.1); and a number of related Implementing Strategies
including L.I.2.4, L.I.8.5, CD.I.1.13 and CD.I.2.3; and
WHEREAS, adoption of such standards and guidelines will help provide clear direction to
developers and homeowners processing development applications (General Plan Implementing
Strategy L.I.7.4); and
WHEREAS, adoption of such standards and guidelines will help reduce the bulk, mass and
scale of new and remodeled homes in the hillside and help new development blend better with its
site; and
WHEREAS, The Architectural Standards/Hillside Committee recommends that the Revised
Public Hearing Draft dated December 2003 be adopted; and
WHEREAS, the Planning Commission has held a public hearing and forwarded a
recommendation for adoption of the same document;
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby recind Resolution 1998-20.
FURTHER RESOLVED, the Town Council adopts the Hillside Development Standards
& Guidelines, attached hereto as Exhibit A. In addition, these standards and guidelines shall be used
to review development applications in conjunction with the development standards set forth in the
Atta.ctment 24
Comprehensive Blossom Hill Open Space. Study, dated January 1990. In the event of a conflict, the
more restrictive standard or guideline shall apply.
FURTHER RESOLVED, the Hillside Development Standards & Guidelines shall apply
to all development applications that have not been deemed complete. For any Planned Development
approved prior to the effective date of this resolution and forwhich subsequent Architecture and Site
applications have not been submitted to the Town, Architecture and Site applications may be
submitted for residences exceeding 6,000 square feet of living space which shall then be subject to
discretionary review pursuant to the General Plan, related specific plans, Town Code section
29.20.140 et seq. and all applicable Town standards and guidelines.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd day
of February, 2004, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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