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"