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Desk Item PREPARED BY: JOEL PAULSON Community Development Director _______________________________________________________________________________________ Reviewed by: N/A Assistant Town Manager Town Attorney Finance _________________________________________________________________________ C:\Users\slombardo\Desktop\14 Desk Item.docx 9/20/2016 2:54 PM JP MEETING DATE: 09/20/16 ITEM NO: 14 DESK ITEM COUNCIL AGENDA REPORT DATE: SEPTEMBER 20, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ARCHITECTURE AND SITE APPLICATION S-16-011. PROJECT LOCATION: 16362 HILOW ROAD. PROPERTY OWNER/APPELLANT: VALY JALALIAN. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8. APN 532-04-082. REMARKS: Attachment 10 contains public comments received between 11:01 a.m. September 15, 2016 and 11:00 a.m. September 20, 2016. Attachments (previously received with September 20, 2016 Staff Report): 1. July 27, 2016 Planning Commission Staff Report (includes Exhibits 1-17) 2. July 27, 2016 Planning Commission Desk Item (includes Exhibit 18) 3. July 27, 2016 Planning Commission Verbatim Minutes 4. Appeal of Planning Commission Decision, received August 1, 2016 (two pages) 5. Draft Resolution to deny the appeal and deny the project (includes Exhibit A, Findings) 6. Draft Resolution to grant the appeal and remand the project to the Planning Commission 7. Draft Resolution to grant the appeal and approve the project (includes Exhibits A, Findings and B, Conditions of Approval) 8. Public Comment received by 11:00 a.m., September 15, 2016 9. Rendering provided by the applicant, received on September 14, 2016 Attachment received with this Desk Item Report: 10. Public comments received between 11:01 a.m. September 15, 2016 and 11:00 a.m. September 20, 2016 ATTACHMENT 10 Planning From: Sent: To: Subject: September 19, 2016 Stephanie Bainbridge <stephbainbridge@gmail.com> Monday, September 19, 2016 9:11 AM Planning Letter re : property at 16362 APN 532~04-082 To: Los Gatos Planning Cqmmitte.~ The proposed house for the lot at 16362 Hllow Road should not be approved as is. It is much larger in scale than the houses in the surrounding neighborhood at our end of Hilow Road. The only other two .. story house near·by is set back from the st.reet and. is .offset by many large trees ~s seen in the Google street view. belo~:· This newly proposed house is much larger in scale, is set much closer to the street, and according to the plan on line, will be removing the two large trees at the front of the property. In fact, I think we could all agree that one of the attributes that mal<es L(?s _Gatos a lovely pi ace to live, ·i s the beautiful older trees in our neighborhoods. Over the past -years, many magnificent trees have been removed to make way for very large houses and it has already changed the character of the neighborhood. Compare the picture above to a newer home built on Hi low: Or this one on Marchmont: l l d..."""li-1• '\I~ ...... ~-~ ·~ r·--.._-... Eventually, if many of the more human-scale homes and beautiful trees on the streets in our neighborhoods are torn down to make way for these type of giant homes built specifically, not to enhance the community or neighborhood, but for the sole goal of making the most money, we won't have neighborhoods that support diverse Incomes or lifestyles that we have been so proud to support. Please take these issues info consieteration as you .. iook-at these plans. Thank you, Stephanie Bainbridge 16338 Hilow Road 2 From: Gerry Edwards [thorndene.edwards@btinternet.com] Sent: Monday, September 19, 2016 10:18 PM To: BSpector Subject: Proposed development of 16362 Hilow Road. S-16-011 Dear Mayor Spector, We are resident at 16395 Shady View Lane and adjacent to 16362 Hilow Road. My wife and I wish to register our opposition to the proposed development S-16-011 and ask that you uphold the recent denial of the planning application. We agree with the Planning Commission's ruling that the proposed development was not appropriate. Further we object on the grounds that the development does not meet the stringent Town Residential Design Guidelines but is instead reflects the much weaker County Guidelines. The growing trend in the area is to redevelop house by house using County guidelines and standards. This precedent is then used to continue the trend on subsequent development applications. The result, in our view, is a change to the character of the area, from a mix of single and two story properties to one of exclusively over large two story houses. Yours sincerely, Gerry & Keren Edwards. Mob: {408)-476-5641 September 19, 2016 Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 SUBJECT: AGENDA ITEM 14-16362 HILOW ROAD Dear Mayor Spector, Vice Mayor Sayoc, and Council Members Jensen, Leonardis, and Rennie: I am writing about Agenda Item 14, the site at 16362 Hilow Road being considered for development. I live around the corner, on Marchmont Drive, and drive past this home site frequently. I am unable to attend the meeting on Tuesday, September 20, but I hope that you will consider the rights of the residents in the homes surrounding the site and defer to their right to continue to enjoy their hillside views and privacy. All the surrounding homes except for one next door, which is set back and does not appear to intrude on its neighbors, are single story. A single-story home would fit into the neighborhood; a massive 2-story home like the one being proposed will be a jarring structure in the context of the surrounding homes. I also object to the plan for a dual tandem garage; I thought tandem garages were generally discouraged in Los Gatos. Sincerely, Barbara Dodson Joel Paulson From: Shannon Susick <ssusick@com cast.net> Tuesday, September 20, 2016 8:09 AM Sent: To: Cc: BSpector; Marica· Sayoc;· Ma rcia Jensen; Steven Leonardis; Rob Rennie Joel Paulson Subject Attachments: 16362 Hilow Road A&S s-16-11 appeal.docx; TC Hilow.pdf Good Morning Mayor, Council & Staff, We respectfully request you uphold the Planning Commission's 6-1 denial of the above captioned application. Attached is the original appeal filed (also in your exhibits) and a new power point document for support In your decision. In addition to these findings please consider in your deliberations: 1 . Hilow Road has been annexed into the Town of Los Gatos due to traffic and other concerns. The proposed application includes a 932 sf garage which is excessive for the immediate and overall neighborhood and adds to the bulk and mass of this project. Approving such an application with the capacity to Increase daily traffic on its own by 4-6 cars is at odds with the Town's goals to decrease traffic in Town and in particular on this cut-through street. 2. The established redwood trees are home to both a neighborhood Great Horned & Screech Owl in addition to providing buffers, beauty & filtering the air. 3. While property rights are not in dispute, the peace and beauty of an entire neighborhood it. Developers and property owners that are not residents are often not aware of the individual nature of our varying neighborhoods and in this case attempting to pit neighbors against each other is neither kind nor appropriate. This particular neighborhood has families that have lived here for decades. We respect and care for each other and our environment, including the views, privacy and peace . 4 . There are numerous examples of single level newer homes in this & other neighborhoods in our Town with comparable Gross Living Area and market appeal. 5 . The resident's concerns and rights are supported by the Planning Commissions' decision, the Town's policies and Residential Design Guidelines as outlined in the appeal and exhibits. On a larger scale and looking ahead in a comprehensive manner the following questions & thoughts beg: a. What can we do as a Town and as residents to address the issue of the disparity between Town and unincorporated County pockets? b. As affordable housing concerns increase the inclusion of these streets and residences that have in-law and secondary units, in addition to property taxes and overall cohesiveness would benefit the Town tremendously. Simplification of services would decrease the maintenance and wear and tear on roads and streets (police v. sheriff, garbage trucks cross ing the same streets 2-3x per week.) c. Until all pockets can be successfully annexed to unify our Town and residents is it possible to annex all unincorporated streets to provide unity, protection, preserve neighborhoods and Town resources? d. What d i alog or policies can be improved in regards to our relationship with the County to ensure that precious time & resources are not taken with applications such as this which divide str eets, neighbors and property owners? e . As neighborhoods change with original owners retiring elsewhere or with cyclical real estate markets how car. we ensure responsible development and protection if some parcels despite their location in the midst or adjacent or in the direct vicinity (Blossom Hill Park, School, Town streets) be developed conscientiously instead of in a piecemeal fashion and with contentious hearings? 1 f. How can all of us as leaders, residents, staff & caring citizens ensure that the resources and attributes of this town and the variety of neighborhoods (some more affordable than others) are enhanced rather than stressed or negatively impacted? In regards to the application before you please uphold the Planning Commission's decision . With respect to items a-e perhaps an Ad-Hoc committee consisting of residents from the Town and County and other appropriate council or staff might be considered to study the unification of our Town. Thank you so much for your time & consideraton Shannon Susrck {qos} 316-9559 2 Wednesday, June 15, 2016 Town of Los Gatos Community Development Department 110 E Main Street Los Gatos, CA 95030 Re: Project/Application S-16-011 16362 Hilow Road Appeal of the Decision of the Development Review Committee Please find the following reasons why the approval decision made by the DRC on 6/7 /2016 is being appealed with a request for a full hearing by the Planning Commission. 1. The architecture and site plans by the developer for this parcel do not conform to the neighborhood and are a misuse of the cellar/basement policy by the Town of Los Gatos a. Please see the attached document gathered from public records (1st American Real Estate/Realquest) regarding the subject street from Shannon Road to Topping with the following data: i. 37 homes are included (including a portion of Shady View Lane that backs to the impactful project) 1. Of these 37 homes 13 homes are 2 stories; the remainder are 1 story; approximately 70% are single story. 2. In the direct area surrounding 1632 Hilow Road (from 16300-16341), 17 homes, there are only 3 2 story homes; approximately 16%. 3. Public records are not entirely correct or updated for several of the parcels, but it is believed that 3 of the 37 have partial basements. ii. The cellar policy for the Town of Los Gatos per the General Plan states that cellars are to be encouraged "in lieu of visible mass" not in addition to. 1. While the developer reduced the cellar portion of the plans; it is still significant in terms of square footage (1800 SF) and the location at the northern portion of the site with excavation will undoubtedly destroy protected, established Redwood Trees that provide the only remaining foliage on the site. 2. The 1800 SF of cellar space is greater than many of the dwellings on the impacted streets (see attached). 14 homes have less than 1800 sf of Gross Living Area (GLA); approximately 38%. iii. The plans have been reviewed multiple times by the DRC, with minor adjustments made to height, but none to the side setbacks and with no major reduction of bulk and mass above grade. iv. The "cellar'' area includes bedroom(s), bathrooms, living area and potential kitchen and other space encourages multiple families and generations with additional impact on the Town's infrastructure and services. Schools, due to lack of authority by the Town are not included in this appeal. 2. The Town's residential design guidelines are maximums; not minimum requirements. a. Section 1.4 of the residential design guidelines states the community expectations which this application does not meet; i. "Homes will respect the scale and charnctei of their immediate neighborhoods." b. General Design Principles {p.11_) state: i. Design to blend into the neighborhood rather than stand out ii. Relate a structure's size and bulk to those in the immediate neighborhood iii. Design structures to be energy and water efficient and which take maximum advantage of renewable energy resources 1. With over 3400 SF above grade, plus a 900 sf garage and with 1800 SF below grade this project will be one of the largest in the immediate neighborhood, standing out, not in relation to the neighborhood and with impact on water, electricity & other resources. c. While the above captioned application is within the basic guidelines, the mass and bulk above grade are not within the overall appeal and character of the Neighborhood. i. The developer and architect referenced at one of the DRC meetings that there are numerous homes on this street and Shady View Lane that have floor areas comparable or larger, however it must be noted that the majority of these except one {16442 Hilow Rd) were built prior to 2015 and with oversight by the county not the Town. 1. County requirements are minimal and allow construction to the setbacks with no design guidelines as ~emonstrated by homes on both Hi low and Shady View Lane. 3. The Town, staff and Planning Commission must look at each project individually, however it is imperative that each application be also be viewed as part of the entire neighborhood and the Town; we are a built out town with the exception of a few larger parcels-the stress on our infrastructure and destruction of views, privacy, open space can NOT be emphasized enough. a. There are two other parcels on the subject portion of Hilow and on the same side of the street that are slated for development including a current application at 16386 Hi low road {S-16-038) and 16400 Hilow {no application yet). b. Precedence is often cited by developers and residents; in this application there are numerous parcels that will be affected ~Y this decision. c. The cumulative effect of building to the maximums allowed on these 3 parcels combined will adversely impact the neighbors in terms of privacy, views and solar access {1.4 of ROG; community expectations.) 4. The Town and staff are under no obligation to maximize a developer's bottom line or ensure that any project is profitable for them. The Town and staff must protect the residents and safeguard the guidelines, General Plan and all policies. 5. A recommendation for this developer would be to reduce the project to conform with the immediate neighborhood and neighbor's homes by a. Removing the 2"d floor and keeping a single story home with cellar to minimize the impact on neighbor's views and privacy b. Remove the cellar to minimize the impact on the neighbors during construction and likely destruction of the established trees c. Increase the setbacks on all sides and reduce the overall impact, bulk and mass; reduce the number of bedrooms and bathrooms. 6. A full review and presentation is needed by the Planning Commission to ensure that this application complies with all policies, guidelines and protects the character of our Town, the immediate neighborhood and does not create precedence for bulk and mass and loss of views, privacy and trees. 16362 HILOW ROAD DEVELOPER VAL Y JALALIAN MARKETING/SALES MIKE BROWN RESIDENTIAL DESIGN GUIDELINES TOWN OF LOS GATOS (ALL QUOTES ARE FROM THE TOWN'S RESIDENTIAL DESIGN GUIDELINES) "The Town recognizes & welcomes the need for change, but desires that change occur in a manner that is respectful of the scale, texture and character of the community's individual neighborhoods and unique natural setting." THIS IS HILOW COURT VIEW SHANNON ROAD TO THE PARK/ TO THE NORTH/TOWN OF LOS GATOS ALL SINGLE LEVEL RANCH HOMES DRI VE & WALK AROUND YOUR NEIGHBORHOOD TO OBSERVE THE SCALE, CHARACTER & DETAILS OF NEARBY HOMES (16341 HILOW ROAD) 1.2PURPOSE ENSURE THAT NEW DEVELOPMENT IS COMPATIBLE WITH ITS SURROUNDING NEIGHBORHOOD 16338 HILOW RD -NEWER CRAFTSMAN RELATE A STRUCTURE'S SIZE & BULK TO THOSE IN TI-IE IMMEDIATE NEIGHBORHOOD 2-5-2 Of the l 0 immediate homes 9 are single level ranch homes; with the dwelling to the left a two story, but with significant setbacks from both sides and front & rear and established landscaping. Guidelines are MAXIMUMS, not minimums and the Town is not responsible for developer profit. HOMES WILL MAINTAIN A FRIENDLY PRESENCE TO THE STREET 16350 HILOW RD (NEXT TO SUBJECT) ONLY 2 STORY HOME IN IMMEDIATE NEIGHBORHOOD-LARGE SETBACKS NOT VISIBLE FROM THE STREET. HOMES WILL BE DESIGNED WITH RESPECT FOR THE VIEWS, PRIVACY & SOLAR ACCESS OF THEIR NEIGHBORS-VIEW F·ROM NEIGHBORS' MASTER BATH INTRODUCTION 1 DESIGN TO BLEND INTO THE NEIGHBORHOOD RATHER THAN STAND OUT-ALL VIEWS OBSCURED OTHER l\IEWER SINGLE LEVEL HOMES IN THE ilVIMEDIATE NEIGHBORHOOD \ ~t • 1' • : .. , _, ·~ !• ~ .. ~~. . .... ...... .. -~4~ ~ .. -. .;: "~ ~ '<.<: • . UPHOLD THE PLANNING COMMISSION'S DECISION. The bulk & mass & design do NOT conform to the immediate neighborhood 0 The use of a cellar/basement in addition to the bulk & mass are an abuse of the cellar/basement policy 0 The design doesn't blend into the neighborhood (p. 11 General Design Principles) 1 06 HOW TO READ YOUR NEIGHBORHOOD "A house design which is appropriate in one neighborhood may not be appropriate in another. In addition, some houses were constructed with little consideration to the neighborhood architectural style or its site characteristics. Others were remodeled with little sensitivity to the existing architectural style. THESE ABERRATIONS WILL NOT BE CONSIDERED WHEN ANALYZING A NEIGHBORHOOD. The presence of significantly different house styles or large scale houses located at a greater distance from the applicant's site will be given less weight than the immediate neighborhood." 0 • • 16386 HILOW ROAD i\NOTHER DEVELOPER APPLICATION (CURRENTLY TENANT OCCUPIED) 2 PARCELS FROM THE SUBJECT 16466 HILOW RD MLS# 81596060 uINCREDIBLE OPPORTUNITY TO BUILD ON OVER A 11,500 SF LOT IN UNINCORPORATED LOS GATOS"