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2010081806 - Exhibit 18 Town of Los Gatos Planning Commission 110 East Main Street Los Gatos, CA 45032 john Schwazz 104 Panorama Way Los Gatos, CA 95032 (408)623-1595 May 27, 2010 ~~~~d~~~ MAl' 2 7 2010 TOWN OF LOS GATOS PLANNING DIVISION RE: RECONSIDERATION OF THE 15928 UNION AVENUE SUBDIVISION PROJECT Application #M-08-04 and ND-09-02 Deaz Members of the Town Planning Commission: Thank you for your time in reviewing dus proposed Subdivision (again} and for considering my input. I also want to thank Staff for their time and patience with this matter. As you know, there has been much prior correspondence on this project, and with that in mind, I would like to briefly summarize and provide some additional thoughts on the following main points: l) The revised Subdivision design is still not compatible with adjacent uses; 2} The same Subdivision Map Act Findings apply to this incarnation of the project, and 3) The project has been segmented and the CEQA documentation is not adequate. 1 would like to hereby incorporate by reference, the comments that I and my neighbors have made in prior correspondence and testimony on this project. 1. Revised Subdivision Still Not Compatible with Adjacent Uses There has been much testimony at the prior hearings regazding the fact that the 15928 Union Avenue pazcel mirrors the original pazcels immediately to the north, and that the proposed three- lot Subdivision is not compatible with the adjacent uses which make up the true "neighborhood" for this site. Although the "flag lot" line from the prior Subdivision has been redrawn slightly, the "new" Subdivision layout is still very similar to the grior incamation, and for the same reasons outlined previously, the intensity of the proposed development it is not compatible with the neighborhood. 2. Subdivision Map Act Findings The applicant has indicated that the Town cannot make any of the negative findings in the Subdivision Map Ack, and therefore, cannot deny the proposed Subdivision. This is simply not true. Section 66474 (Chapter 4. Requirements, Article 1. General) of the Subdivision Map Act specifically states that: ffiIBIT 18 Letter to the Tawn Planning Conmrission Reconsiderotion oj/5928 Union Ave. Subdivision May 27, 20/0 Page 2 oj4 66474. A legislative bodv of a city or county shall denv approval of a tentative map, or a parcel rnap for which a tentative map was not required, if it makes any of the following findings: (emphasis added) (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That thz site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of develapntent. (e) That the design of the subdivision or the proposed improvements are likely to cause stehstantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems.... (Amended by Stars. 1982, Ch. 518.) The Subdivision Map Act Findings above are subjective, and the decision regarding whether they apply to this project is yours. As long as the Town's decision is based on and supported by evidence in the administrative record, your decision to deny is ]egal and appropriate. It is not the Town's job to rescue the applicant from a bad investment. As several of us have outlined in our correspondence with the Town, and as you can see if you review the deliberations at the prior Planning Commission and Town Council hearings, the Town denied the previous Subdivision on the basis of items b), c), and d) above. The Planning Commission unanimously agreed last yeaz that Subsection (c) and (d) above applied to the prior incarnation of this project, and these same findings still apply to the latest Subdivision layout. 3. CEQA Review Has Been Seemented and Documentation Not Adequate As I have mentioned in the past, I do appreciate Staff s and the consultant's time in preparing the Initial Study/Mitigated Negative Declaration (IS/MND). However, given the change in the project scope (the project now also includes Architecture and Site [A&S] approval on two lots, and does not propose demolition of the existing house), the CEQA documentation completed for this project is not adequate in accordance with CEQA, the CEQA Guidelines and relevant case law. CEQA very specifically requires the consideration of the "whole of an action" [see CEQA Guidelines Sections I5163(a)(l), 15126, and 15378]. CEQA does not allow segmenting or "piecemealing" the project into parts, so as to avoid analyzing and disclosing all of the environmental impacts of a project [see Bozung v. Local Agency Formation Commission of Ventura County and Citizens Association for Sensible Development of Bishop Area v. County of Inyo]. According to the Citizens Association for Sensible Development of Bishop Area v. County of Inyo case: Letter to the Tmvn Planning Commission Reconsideration ofl5928 Union Ave. Subdivision May 27, 20/0 Page 3 of 4 "Project means the whole of an action, which has the potential for resulting in a physical change in the environment, directly or ultimately... The term project refers to the activity which is being approved and which maybe subject to several discretionary approvals by governmental agencies. The term project' does not mean each separate governmental approval... Where the lead agency could describe the project... as a development proposal which will be subjecl to several governmental approvals...the lead agency shall describe the project as the development proposal for the purpose of environmental analysis. " The Town's Initial Study/Mitigated Negakive Declazation was prepared for the prior incarnation of the Subdivision project in 7uly 2004. The IS/MND has not been revised to address the new Subdivision layout, and it has not been expanded to address the specifics of the A&S approvals or the implications of leaving the existing residence in place on the site. Page 1 and 2 of the Town's prior IS/MND describe the project as only including the proposed Subdivision and demolition of the existing house. Page 2 specifically says: "The project application does not include specific development designs for homes on the proposed lots. Specific development designs on the proposed lots would be evaluated at a later phase of prof ect planning, as part of the A&S approval process." Similarly, the Staff s responses to the public comments on the TS/MND state that the land use compatibility as well as the aesthekics/view impacts of the future homes "...will be evaluated as part of Architecture and Site review when specific building designs are proposed." Now, the applicant has changed the project, and is actually seeking A&S approval for houses on two of the lots. However, the site specific implications of these houses and their designs have never been evaluated under CEQA (and if any additional analysis has been done, it has not been circulated to the public for review). in fact, the Initial Study calls for and promises such further evaluation, but it has not been completed. Therefore, there is no CEQA cleazance for the houses, and the Town has no ability to approve the A&S for any of the houses on this site. Additionally, it is project segmentation and piecemealing under CEQA to only evaluate some of the proposed and necessary discretionary actions on this site in the Initial Study. The whole "project" which needs to be evaluated comprehensively in one public CEQA document includes all of the following: 1) the currently proposed Subdivision; 2) A&S for all 3 proposed houses; 3) impacts from the eventual demolition of the existing residence; 4) a discussion and analysis of the proposed construction phasing and timing of buildout; and 5) analysis of the implications for the site design and project construction if the existing home remains indefinitely. Letter to the Town Planning Commission Reconsideration of 15928 Union ~1ve. Subdivision May 27, 20 t d Page 4 of4 I respectfully request that you uphold the prior land use decision on this site and deny the proposed Subdivision on the same grounds of the Subdivision Map Act Findings. In any case, the environmental review documents need to be augmented and recirculated to address the entire project as currently proposed. You may reach me any time at the phone number above if you have questions about this letter. Thank you again for your time and for considering my input on this project. Best regazds, , Ji' ohn Schwar/~fz~ cc: Suzanne Davis, Planning Department, Town of Los Gatos Geoff and Linda Mitchell, 115 Panorama Way Ian Esche and Golida van Haeringen, 167 Panorama Way Greg and Cecilia Holmberg, 103 Panorama Way Jeff and Terry Hickey, 100 Panorama Way Mike Brown, 108 Panorama Way Thomas Mangano, 116 Panorama Way June 1, 2010 Members of the Town of Los Gatos Planning Commission 110 East Main Street Los Gatos, CA 95032 Re: Reconsideration of the 15928 Union Avenue subdivision and architeetural and site application. Dear, Planning Commission; JUPIL-'Zt)j0 TOW N OF LOS GATO$ PLANNING DIVISIOt~I We are Paul >f<Jane De Bella, Las Gatos residents and property owners at 118 Cambrian View Way. Our property is the single story home adjacentto the proposed subdivision, located on the East border. We are in favor in having the 15928 Union Ave. property developed, but we are opposed to the plans of having the property subdivided into three parce{s with (2), two story homes built on the site. First; we both think the two story homes do not fit with our immediate neighborhood and if allowed it would have an intense irreversible negative impact to our current neighborhood charm. Frain our property we probably have one the best views in our neighborhood of the Los Gatosi Saratoga Nilis. Judging from the current story poles of the proposed subdivision, whieh depiets the building sites elevations, our current view of the hills from our property will be lost #or good. We believe the majority of our neighbors would support a plan of a two parcel subdivision with two single story homes. So, we respeetfully ask the Commission to please consider the rights of the existing residents of Los Gatos. Please, do not let the monetary gains of some, to sway your decision in doing the right thing for the citizens of Los Gatos. Thanks for your consideration in this matter. Paul J. De Bella Jane De Bella EffiIBIT 19 This Page Intentionally Left Blank 15928 Union Avenue r 3 r A 0 3 3 ~ ~w m R °z z o _ LASUEN CT LEEWOOD CT BLOSSOM HI LL RD a Q H a: ~ . ffiIBIT 20 This Page Intentionally Left Blank