10 Desk item - Kennedy Road @ Forrester RoadN o~
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DATE:
TO
FROM:
COUNCIL AGENDA REPORT
May 5, 2008
MAYOR AND TOWN COUNCIL
MEETING DATE: 5105108
ITEM NO.
DESK ITEM
GREG LARSON, TOWN MANAGER
SUBJECT: CONSIDER A REQUEST FOR APPROVAL OF A PLANNED
DEVELOPMENT ORDINANCE TO CONSTRUCT A NEW RESIDENCE,
POOL, TENNIS COURT AND ACCESSORY STRUCTURES ON PROPERTY
ZONED HR-21/2. NO SIGNIFICANT ENVIRONMENTAL IMPACTS HAVE
BEEN IDENTIFIED AS A RESULT OF THIS PROJECT AND A MITIGATED
NEGATIVE DECLARATION HAS BEEN RECOMMENDED. APNS 537.29-
007 & 008. PROPERTY LOCATION: KENNEDY ROAD @ FOR-RESTER
ROAD. PROPERTY OWNER: ACORN TRUST. APPLICANT: ROB
DESANTIS. FILE #PD-06-03 & ND-07-04.
T)TCCTIRW) ,
New Correspondence
Attachments 44 through 49 are letters of support for the project. Attachment 50 is a letter from Mid-
Peninsula Regional Open Space District (MROSD) stating that the revised Mitigated Negative
Declaration (MND) was not circulated to that agency for review. The revised MND was not sent to
MROSD because it is not a responsible agency and the proposed project does not abut any open
space land. In addition, MROSD did not comment on the original MND.
Also attached is a missing page that was inadvertently left out when the letter from Sandy Decker
was submitted on Friday (Attachment 41 to the May 2, 2008 Addendum).
HDS&G Exceptions
A question regarding multiple exceptions to the Hillside Development Standards & Guidelines
(HDS&G) has been raised. Section IV.C., Exceptions to maximum floor area, includes nine
applicable conditions to be applied for consideration of a floor area increase.
PREPARED BY: Bud N. Lortz, Director of Community Development .
Reviewed by: !P~Assistant Town Manager 4LTown Attorney Cleric Finance
Community Development Revised: 5/5/08 3:28 PM
Reformatted: 5/36102
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: KENNEDY ROAD @ FORRESTER ROAD; FILE #PD-06-03, ND-07-04.
May 5, 2008
Item #4 states "All standards and applicable guidelines are being met. "
During the first hearing on this application, Council indicated that Section W.C.4 combined with
Section IX.F and other sections of the HDS&G allows multiple exceptions to be considered, but the
burden is on the applicant to demonstrate that the exception is warranted. In addition the project
must fulfill the spirit and intent of the HDS&G and comply with all other applicable provisions of
the document. The issue regarding multiple exceptions was also raised during the hearings regarding
an existing house on Santa Rosa where the owner wanted to exceed 6,000 sq. ft. but the house didn't
have a cellar so it didn't comply with section C.8 of the Standards. Council approved that project.
Section IX.F of the HDS&G states, "Exceptions from the standards in this document may only be
granted after carefully considering the constraints of the site. Any deviation from the standards
contained in this document shall include the rationale and evidence to support the deviation. The
burden of proof shall be on the applicant to show that there are compelling reasons for granting the
requested deviation." The applicant has submitted a letter that further addresses the exceptions that
are being requested (see Attachment 51).
Attachments:
L-40. Previously received
41. Missing page 9 to May 1, 2008 letter from Sandy Decker. Pages 1-8 & Page 10 previously
received.
42-43. Previously received
44. Email correspondence from Ken Raasch (one page), received May 5, 2008
45. Email correspondence from Linus Lundberg (one page), received May 5, 2008
46. Email correspondence from Bahrain Saghari (one page), received May 5, 2008
47. Letter from Steven Spencer (one page), received May 5, 2008
48. Email correspondence from Jeff Saunders (one page), received May 5, 2008
49. Email correspondence from Dan Ross (one page), received May 5, 2008
50. Letter from Mid-Peninsula Regional Open Space District (one page), received May 5, 2008
51. Letter from applicant (three pages), received May 5, 2008
BNL: SD
N:10EVYSUZAIQAlMCOUMCILIREPORTSIFWD. TO TCIKENNEDYACORMKENNEbYACORN-5-508-DSK.DOC
3. Many of the provisions of the HDS&G are not adhered to with the result that the
proposed project is far from the type of development envisioned in the standards
and guidelines.
4. We have consistently asked that the HDS&G be enforced. This document was
adopted after much study by staff, Planning Commission and the Town Council
after many public meetings. We now ask that the standards and guidelines be
followed. While in some cases there may be good reasons for exemptions, we do
not see support for the scope of excesses proposed with this project.
5. Since subsequent applicants will clearly use this project as a precedent, the town
should make certain that false impressions are not given with respect to the
allowance of excessively large houses and site developments in the hillside areas.
We believe that the only acceptable course of action is to deny the project and allow the
applicant to develop a plan that is consistent with the officially adopted plans and
regulations for our hillside areas that a are a valuable resource for those living in the
hills as well as for the balance of the community.
We regret that Mr. DeSantis has progressed as far as he has and still does not come
close to complying with the Town's regulations, hillside plans and development
requirements. We point out, however, that our concerns were made clear several years
ago and the applicant has had sufficient time to design a more acceptable project. We
would look forward to a revised design that complies with town requirements and
would offer to work with the applicant and the Town in such an endeavor.
We thank your for the opportunity present our concerns
~ 'elw~
Sandy
Attachment 41
Letter to Los Gatos Town Council, De Santis Project, May 12008 Page 9
Page 1 of 1
Suzanne Davis - From Ken Raasch.......... DeSantis Project
From: Ken Raasch <kraasch@creativebrandsgroup.com>
To: "'SDavis@losgatosCA.gov"' <SDavis@IosgatosCA.gov>
Date: 05/05/2008 8:23 AM
Subject: From Ken Raasch.......... DeSantis Project
CC: "'rob@rdmail.corn"' <rob@rdmail.com>
Good morning ..............My name is Ken Raasch and my family and I live at 239 Forrester Rd. Los Gatos. The
DeSantis family is an important part of our Forrester Rd. community. I have been informed every step of the
way on the process of their proposed home project. I strongly urge the town to approve the project as
proposed !I! I do not want two homes on the DeSantis site when the DeSantis family is willing to limit the use to
one home. I believe this home will be a model for how a responsible family can build a GREEN home of the
highest caliber. I believe this home will be a trend setting home and will reflect very well on our town of Los
Gatos. The DeSantis family and their commitment to the environment should be applauded and cited as an
example for other members of community. I appreciate the role of the town to insure that our towns people's
needs are balanced I believe this project has responded to the issues raised with great integrity and will be
the best possible use of this 14 acre site. Thank you , Ken Raasch 408 605 0965
Attachment 44
file,/CADocuments and Settingslsdavis.LOSGATOSCA\Local SettingsUemplXPGrpV
Page 1 of 1
Suzanne Davis - Support for Rob DeSantis
From: "Linos Lundberg" <Lundberg@visioncap.coin>
To: <SDavis@losgatosCA.gov>
Date: 05/04/2008 10:21 PM
Subject: Support for Rob DeSantis
To the members of the Los Gatos Town Council:
With this email I'd like to strongly encourage Town Council members to vote in favor of Rob
DeSantis house project. I have followed the DeSantis project closely and all the efforts that Rob
and his family has done to accommodate the Town Council's requests. The opposition to the
project seems ungrounded and the DeSantis family deserves decisive and positive action from the
Town Council on the May 5th hearing. It is not reasonable that any approval process should take 4
years, especially given the fact that Rob and his family have been completely cooperative and have
gone above and beyond what has been requested and what can be reasonably expected. Their
project is a positive development for our community.
Best regards,
Linus Lundberg
Los Gatos resident
file:HCADocuments and Settingslsdavis.LOSGATOSCA1Loca1 SettingslTemplXPGrp1 Attachment 45
Page 1 of 2
Suzanne Davis - Dear Ms. Davis
~2 11
From: "Karam Sagari, Lance Final Gmail" <baram.sagari@lancefinal.com.br>
To: <SDavis@losgatosCA.gov>
Date: 05/04/2008 11:44 AM
Subject: Dear Ms. Davis
Dear Ms. Davis,
My family and I are current Los Gatos residents at 16975 Cypress way.
We have known Rob De Santis and his family now for over 10 years, basically involved with his house project
since he bought the property.
I have seen first hand how careful Rob has been about the construction of this house to make sure he meets not
only all the requirements for the town of Los Gatos, but also to be environmentally clean, safe, and pleasant
proper to the area
I simply fail to understand why a community like the town of Los Gatos, with its extremely affluent residents
who generally require bigger, larger, residence, is making it so impossibly difficult to have a 10000 sqft home,
which was approved anyway, and has met all the planning requirements that the town imposed?
I will be out of the country, unable to attend the hearing, but l would like to express my support for this project,
and my total dissatisfaction with the city.
This is a very demanding project, but because it is that "Home Sweet Home" all American dream, it is supposed
to be amazing - your unnecessary hurdles, and inability to give the green light, are taking all the pleasure away
from this dream!
I hope the city will be able to arrive at a favorable decision, soon.
regards,
bahram saghari
diretor geral
e-mail; baram.saaari(c~lancefinal.com.br
cell. +55 41 8554 7482
office: +55 41 3253 0044
eua: -4-001408 921 7963
fax: +55 41 3253 0044
3
L
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or IN THE USA 1 (408) 921-7963.
file://C:1Docurnents and Settingslsdavis.LOSGATOSCA1LoCal Settings\Temp\yTGrF Attachment 46
Steven Spencer
118 Yosemite Way
Los Gatos, CA 95030
(408) 356-8912
May 5"' 2008
The Town of Los Gatos
City Council Members
110 E Main Street
Los Gatos, CA 95032
Dear Mayor and Council Members,
RECEIVED
MAY Q 5 2005
TOWN OF LOS GATOS
PLANNING DIVISION
I am sending this letter in regards to the proposed property development on Kennedy
Road/Forrester by Robert DeSantis. I will not be able to attend the town council hearing
that is being held this evening and would like to give my personal opinion of the project.
I have been a resident of Los Gatos of over 15 years and have been following the project
as a concerned citizen since attending a town council meeting back in February of 2007
that first discussed this project.
The project has gone thru a lot of changes since its first proposal and it seems to me that
Mr. DeSantis has gone above and beyond what is necessary to accommodate the
neighbors, the town planning commission and the local residents of Los Gatos.
Mr. DeSantis should be commended on the use of "green" technology, leaving as many
trees on the property as possible, reducing the house size significantly, and meeting all of
the town's guidelines shows his commitment to being a "good" neighbor and citizen of
Los Gatos.
If the neighbors are happy with the project then that should be a very good sign that he
has done the "right" things. After this project has been built, it is the neighbors that live
closest that are affected the most. I noticed that the people that objected to the project the
strongest are not neighbors but "activists" that are more interested in harassing the project
than on its merits. But what seemed to be missing from the discussion is that if two
homes are built on this project that would be an even greater effect on the neighbors (who
opposed this idea) and the environmental impact would be even greater.
I am requesting that you vote to accept this project and let Mr. DeSantis build his home
so he can raise his family in an environment that is good to his neighbors and good for
Los Gatos.
Sincerely,
Steven Spencer
Attachment 47
DeSantis Home Project in Los Gatos
Suzanne Davis - DeSantis Home Project in Los Gatos
From: "Jeff Saunders" <JSaunders@nvidia.com>
To: <SDavis@1osgatosCA.gov>
Date: 05/05/2008 12:38 PM
Subject: DeSantis Home Project in Los Gatos
Dear Los Gatos Town Council Members,
I am writing in support of the DeSantis Family's home project.
Page 1 of 2
am a strong supporter of a property owners right to develop their land, and more specifically their
family home to suit their needs. It is my understanding that the DeSantis project is within guidelines,
and where it may vary, those variances are within acceptable tolerances. I am very concerned that this
application and approval project has taken four years to date. My family and l moved to Los Gatos
two and a half years ago with a long term goal of building our own "dream home". If all applications
take this long to approve, I fear that my kindergartener will be in high school by the time our project
would be complete.
Furthermore, it seems like a great deal of the delays in this project are due to a few activists within the
community who will not be impacted by close proximity to this project. It outrages me that a few
individuals are allowed to hold up a well written guideline as though it is law. Guidelines are
guidelines, not laws, and variances should be allowed with the scope of the guidelines.
Unfortunately I will not be able to attend tonight's Town Council Meeting to voice my support for this
project in person. Please take this message as my support for approval of the DeSantis' home project.
Respectfully,
Jeff Saunders
16536 Farley Road
Los Gatos, CA 95032
(408) 358-1041
Jeff Saunders
jsaunders@nvidia.com
+1.408.335.0129 O
+1.408.688.4842 M
www.nvidia.com
Attachment 48
file: //C: \Documents and Settingslsdavis.LOSGATOSCA\Local SettingslTemp\XPGA
Page 1 of 1
Suzanne Davis - DeSantis/In favor of proposal.
x
From: <dan@plazaloans.com>
To: <SDavis@losgatosCA.gov>
Date: 05/05/2008 1:08 PM
Subject: DeSantis/In favor of proposal.
Hi Suzanne,
I would like to go on record in favor of the DeSantis proposal going before Town Council tonight. The applicant has been
mindful in working with all facets of full-time Town Planning Staff to arrive at a plan addressing Planning and Town
Council directives.
And opposition is being waged by a few cross town residents? A Town property owner invests significant money and 4
years working in good faith with Community Development, Town Planners, Public Works, Planning Commission and Town
Council to then have to defend themselves against random cross Town individuals?
Please include my vote in favor of this proposal.
Best regards,
Dan Ross
188 Villa Avenue. Los Gatos. 408.314.5626,
Attachment 49
file://C:1Documents and Settingslsdavis.LOSGATOSCMLocal SettingslTemplXPGrI
May 2, 2008
The Honorable Barbara Spector, Mayor
Los Gatos Town Council
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
I Y
DANA
MID PENINSULA REGIQ IAL Off N Si'ACE DfSTRICT
subject: Planned Development Application PD-06-03 (Kennedy Road at Forrester Road)
Dear Mayor Spector:
On behalf of the Midpeninsula Regional Open Space District, please accept the following
comments regarding the proposed development and proposed changes to the hillside
Development Standards and Guidelines required for approval of tbi.s project. The District would
like you to be aware tliat we did not receive notice from the Town of the preparation of the
MiYigstted Negative Declaration, and only received a copy on May 1st. As the largest open space
provitler in the vicinity, we would expect to receive notices regarding the preparation of
California Environmental Quality Act (CEQA) documents, particularly for projects such as this
one ,%~itli mitigations measures for biological impacts in our vicinity. The proposed project is
located immediately nortb to the District's Sierra Azul Open Space Preserve.
The .,district is highly concerned with the proposed project and the nature by which the Town has
proposed to address adherence to its own Hillside Development Standards and Guidelines
through the granting of exceptions to these standards and guidelines. Of particular concern is the
precedence that granting these exceptions will set. These Hillside Development Standards and
Guidelines were established by the Town to preserve. and protect both the aesthetic and natural
resources of the Los Gatos community. Granting exceptions to these guidelines to accommodate
large developments runs counter to the intent of these guidelines and will certainly result in
future exceptions.
A development project of this scale and size will be highly visible from the surrounding District
lands, as is often the case with ridge-top development in general. Our review of this Mitigated
Negati.ve Declaration indicates that no substantial changes have been made since our review of
the original plans. Many options are available to the Town to minunize these impacts by
adherence to the Town's already adopted standards and guidelines.
If you have any questions, please contact me at your convenience.
Sincerel ,
~G tr "
Stephen E. Abbors
General Manager
cc: MROSD Board of Directors
930 Distal Circle 650-691-12DO Info0apenspace.org OOAFU Of 0Ik6CTOrs: Pete Siemens, Mary Davey,led Cyr,
Los Altos ca 94022-141?4 650.691-0485 fair www_openspace.org Curl-Riffle, Nonerre Hankv, Larry Hasson, Hennerh C MILZ Attachment 50
May 05 08 12:52p Rob 408-317-1782 p,1
The Honorable Barbara Spector
May 5, 2008
Page 1
May 5, 2009
The Honorable Barbara Spector Mayor
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
Dear Mayor Spector and Council Members,
This letter summarizes and reaffirms our conformance with the exception criteria in the Hillside
Design Standards & Guidelines (HDS&G). As you know, in order to approve exceptions to the
HDS&G, the following criteria apply:
"Exceptions from the standards in this document may only be granted after carefully
considering: the constraints of the site. Any deviation from the standards contained in
this shall include the rationale and evidence to support the deviation. The burden of
proof shall be on the applicant to show that there are compelling reasons for granting the
requested deviation."
We concur with the information, rationale, evidence and compelling reasons for exceptions
previously provided by the Town of Los Gatos professional staff, The Town's independent, third
party technical consultants and other experts including Larry Cannon, Consulting Architect, and
the Geier & Geier Consultants, Inc., the Town's GEQA consultant. We have also provided
extensive documentation to support any exceptions. Below is a summary of exception
requests and rationale, supported by substantial evidence already in the record and
substantiated with expert analysis, documentation and reports.
Height. We have included limited architectural elements in the roof plane that exceed the
guidelines in order to achieve superior architectural aesthetic and variation as well as symmetry
in the home design. Following his detailed review of the architecture, Larry Cannon, the
Town's Consulting Architect and expert stated, "The home is well designed and will have
minimal visual impacts on the surrounding area."
LRDA. An important factor in the site design is the concept of hillside restoration. Prior to my
ownership many years ago, my property was disturbed by human touch through extensive
grading. Rather than leaving the site in this altered state, we have found that restoration of
some of the original contours will help reduce export and minimize retaining walls as well as
return parts of the property to a more natural state. With much effort, we reduced the trees to be
removed by reworking the grading while maintaining the LRDA at 95% compliance. Minimal
development outside the LRDA constitutes approximately 2% of the total site.
Floor Area. There are nine additional criteria that apply to exceptions for allowable floor area
Criteria #1: The development will not be visible from any of the established viewing
platforms.
Attachment 51
May 05 08 12:52p Rob
The Honorable Barbara Spector
May 5, 2068
Page 2
408-317-1782 p.2
Conformance: The development will not be visible from any established viewing platform
as there is not viewshed to the property due to intervening hills and
topography. Photos and visibility reviews have been presented in
previous hearings and performed by town staff over the past 4 years.
Criteria 42: There will be no significant impacts on protected trees, wildlife habitat or
movement corridors.
Conformance: A third party independent assessment conducted by the Town's CEQA
expert confirms that there will be no significant impact on trees, wildlife
habitat or movement corridors.
Criteria #3: Any grading necessary to accommodate the building area that exceeds
the allowed FAR or an accessory building will be minimized.
Conformance: Grading has been minimize as evidenced by the reduction of exhort from
16,600 cubic yards of soil to less that 8,000.
Criteria #4: All standards and applicable guidelines are being met_
Conformance: All standards and applicable guidelines are being met other than those
requested. In addition, the project compliance with the Zoning Code and
requires no variance,
Criteria #5: Compliance to Title 24 Efficiency Standards are shown using computer
methods. The compliance margin must be at least 10.0.
Compliance: The project will exceed the 10.0 margin and is anticipated to be 30.0
Criteria #6: The house will be pre-wired for future photovoltaic (PV) installation.
Compliance: The house will be pre-wired for future photovoltaic (PV) installation. In
addition, the home will be a precedent setting model for sustainability and
green building.
Criteria #7: A minimum of 25% of hardscape material is permeable (contains types of
interlocking pavers, grasscrete, pervious concrete, etc.)
Conformance: The project will have a minimum of 25% of hardscape material in
permeable forms.
Criteria #8: A significant cellar element is included in the design, unless it conflicts
with other standards.
Conformance: A significant cellar element is included in the design.
Criteria #9: There will not be a significant visual impact to neighboring propeities.
May 05 08 12:53p Rob 408-3'17-1782 p.3
The Honorable Barbara Spector
May 5, 2008
Page 3
Conformance: Following detailed review of the plans, The Town's professional staff,
Town's consulting architect and independent third party CEQA consultant
concluded that there will not be a significant impact to neighboring
properties. Larry Cannon, the Town's Consulting Architect, concluded
that, "The home is well designed and will have minimal visual impacts on
the surrounding area."
Cut and Fill. Some cut and fill depths are exceeded in certain areas to achieve other important
environmental and aesthetic objectives such as minimizing grading impacts; lowering retaining
walls; lowering the house into the site to reduce its appearance; stepping the house with the
terrain to minimize visibility from surrounding neighbors; blending site elements into the terrain
and reducing export from the site.
Along with careful consideration of the opportunities and constraints of the site, exceptions
requested have included both rationale and substantial evidence in the record to support the
request. l hope this summary is helpful in your review and consideration of our proposal.
Please do not hesitate to contact me if you have questions or need additional information. I can
be reached at 318-1202. 1 thank you for your kind consideration of our home plans.
Sincerely,
Rob deSantis