2011030712 - Attachment 4 - 381 Pennsylvania Avenue" °r
,. TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
1 �0s'c Meeting Date: January 12, 2011
ITEM NO: 3
DESK ITEM
PREPARED BY: Marni F. Moseley, AICP, Associate Planner
mmoseley@losgatosca.gov
APPLICATION NO.: Subdivision Application M -10 -007
LOCATION: 381 Pennsylvania Avenue (Southeast corner of Pennsylvania
........... .
Avenue at Wissahickon Avenue)
APPLICANT: Chris Spaulding, AIA
PROPERTY OWNER: 381 Pennsylvania Avenue, LLC
CONTACT PERSON: Gregory Howell
APPELLANT: Matthew Haberkorn
APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review
Committee approving a two -lot subdivision on property zoned R-
1:8. APN 510 -41 -057
EXHIBITS: 1 -15. Previously received
16. Four additional letters of support received January 11 and
12, 2011 (five pages)
17. Additional letter from Ms. Lawson received January 11,
2011 (four pages)
18. Los Gatos Weekly ad dated January 11, 2011 (one page)
REMARKS
Additional letters were received after the most recent addendum was distributed. The information
stated in Ms. Lawson's letter reiterates what has been previously stated and addressed by staff. No
additional comment is necessary,
Prepared by:
Marni F. Moseley, AICP
Associate Planner
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N: \DEV \PC REPORTS\20t 1 \3 81 Pennsylvania -desk item.doc
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Approved by:
die R. Rooney
Director of Community Development
ATTACHMENT 4
January 6, 2011
Ms. Mami Moseley
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Subject: 381 Pennsylvania
c ,
RECEIVED
JAN 1 1 2011
TOWN OF LOS GATOS
PLANNING DIVISION
Dear Ms. Moseley,
We are writing in support of the subdivision proposed for the property at 381
Pennsylvania Ave. As we understand the proposal, it would create one additional home
site of average size, within the boundaries of the Glenridge neighborhood.
Our family lives in the neighborhood, on Hernandez Ave. We love it just as it is, and
would not want to see any development that would change its character or tax its
resources. We don't believe that one additional single- family home would do so, and we
would be happy to share the neighborhood with one more family.
We hope you will seriously consider approving the proposal.
i
Sincerely,
Doug and Leslie Bergh
48 Hernandez Ave
Los Gatos CA 95030
i
EXHIBIT 16
JAN 12 2011
TOWN OF LOS GATOS
PLANNING DIVISION
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Sereno Group Real Estate _ 214 Los Gatos- Saratoga Rd. Telephone (408) 335 -1400
www.serenagroup.com Los Gatos, CA 95030 Fax (408) 399 -7200
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Julie Gilbert
243 Bachman Ave
Los Gatos Ca 95030
408 309 -9999
January 12, 2011
RECEIVED
JAN 12 2011
TOWN OF LOS GATOS
PLANNING DIVISION
Ms. Nlarri Moseley.._.. .
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Subject: 381 Pennsylvania
Dear Ms. Moseley,
I've lived at my current address near the subject property for 20 years. I love this
neighborhood, and hope Town staff and officials continue to evaluate subdivision and
redevelopment proposals very carefully in order to preserve the quality of this
community.
j That said, I also hope the Planning Commission will approve the minor subdivision being
proposed by Gregory Howell for the property at 381 Pennsylvania. I personally walked
the site and in my opinion, the establishment of an additional building lot there will have
almost no impact on the surrounding neighborhood. Quite the contrary, I feel the
development will improve the neighborhood character and help keep our property values
high.
If the lot is subdivided I understand it will be equal to or larger than the average lot size
in this district. If fact, a home was developed on Madrone with a 16k lot and a beautiful
new home was built on the lot which I believe increased and improved the home values
around it. Another new home was recently sold on Walnut for 2.6 million. As a home
owner this type of development /improvement is good for our neighborhood.
The potential creation of an additional home -site will mean one more family will have the
opportunity to enjoy this exceptional living environment. There is no reasonable basis on
which to deny the application..
Respectfully,
Julie Gilbert
Marni Moseley
From: jfumes @aol.com
Sent: Wednesday, January 12, 20112:20 PM
To: Marni Moseley RECEIVED
381 Pennsylvania Ave
John & Deborah Fumia TOWN OF LOS GATOS
124 Hernandez Ave PLANNING DIVISION
_ ._ ... Los Gatos, -CA. .95030 _.. ...._-
January 12, 2010
Ms. Marni Moseley
Planning Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: 381 Pennsylvania Ave
Dear Ms. Moseley:
As my family has been residing at 124 Hernandez Avenue since 1992, 1 felt a need to convey to you our approval of the
project planned for 381 Pennsylvania. Over the past 19 years, we have seen many applications come and - go and feel
very fortunate the Town has acted accordingly in these various projects. We hope approval for this project will be anoth!
added to the list.
Due to the inherent nature of the property, a subdivision will not adversely affect the surrounding homes but add to the
beauty we currently enjoy in our neighborhood. This subdivision maintains the feeling of the area and conforms to the
existing lot sizes adjacent to the property. I can think of no reasonable exception in which to deny the application and urge
you to accept this project.
Respectfully:
John Fumia Jr.
r
MILLER S'TARR
REGALIA
January 11, 2011
VIA EMAIL, FACSIMILE AND MAIL
Honorable Chair and Members
of the Town of Los Gatos Planning Commission
Town of Los Gatos
110 East Main Street
P.O. Box 949
Los Gatos, CA 95031
Re: 381 Pennsylvania Avenue Los Gatos CA
1331 N. California Blvd. T 925 935 9400
Fifth Floor F 925 933 4126
Walnut Creek, CA 94596 www.msriegal.com
Kristina D. Lawson
kristina.lawson @msrlegal.com
925 941 3283
Dear Honorable Chair and Members of the Town Planning Commission:
This weekend, we received a copy of the staff report prepared in anticipation of the
Planning Commission's review of the above - referenced subdivision proposal. The
purpose of this letter (which is supplementary to all previous correspondence
submitted, and incorporates that correspondence herein by this reference) is to
address two key issues mentioned in the staff report: (1) project consistency with
the Town's General Plan; and (2) findings required under the Subdivision Map Act
(Gov. Code, §§ 66410 et seq.). Our clients are also in the process of retaining
subject matter experts in the areas of land use, planning, and historical resources,
to review the proposal and provide additional analysis. We look forward to
discussing the proposal with you in more detail tomorrow evening.
1. The Town's Land Use Planninq Docume
Your Decision: The Proposed Subdivision is Inconsisi
provided in the Town's Land Use Planning Documents
a
In our previous correspondence to the Town, we referenced goals, policies, and
programs from the Town's adopted 2000 General Plan and explained in detail why
the proposed subdivision is inconsistent with those provisions. In the staff report we
received from our client (Town staff did not provide us a copy directly), staff
indicates that this is the "old" plan and that reference should be made to the new
2020 General Plan. While we can locate no information on the Town's website that
this new General Plan has actually been adopted (the last reference is to a
Preliminary Administrative Draft dated September 2010), in order to be as thorough
as possible, references to the General Plan in this letter are to the publicly
available copy of the new, 2020 General Plan, as that plan is available on the
Town's website. A comprehensive review of the applicable sections of the Plan
Offices: Walnut Creek / Palo Alto HKNM\48921 \829747.1
Honorable Chair and Members of the Town of Los Gatos Planning Commission
January 11, 2011
Page 2
t
confirms our previous analysis that this project is inconsistent with both the 2000
General Plan, and the new General Plan, and therefore cannot be approved.
The 2020 General Plan's Land Use Element states that "[p]lanning for
neighborhood preservation and protection is -one of the most important purposes
of the Town's General Plan," (See 2020 General Plan, Preliminary Administrative
Draft, p. LU -1.) Goal LU -1 of the new 2020 General Plan is "[t]o preserve,
promote, and protect the existing small town character and quality of life
within Los Gatos." Further, Goal LU -6 is "[t]o preserve and enhance the existing
character and sense of place in residential neighborhoods." Various policies
support implementation of each of these goals. Not only does the proposed
subdivision fail to preserve and protect the character of the Glenridge neighborhood
as residents of the neighborhood indicated to the DRC, the project would "destroy"
the neighborhood character that so many residents have enjoyed for so many years.
Policy LU -6.10 of the new 2020 General Plan requires applicants to submit letters of
justification to show how new residential development (in this case, the creation of a
new residential lot in a fully built -out neighborhood) contributes to the balance of
types and sizes of housing available in Los Gatos. Notably, while the applicant
attempted to justify his application via letter, he has provided no relevant information
regarding the project's overall contribution to the community. The applicant's letter
simply argues that a subdivision is unnecessary (notwithstanding staff's previous
determination to the contrary), but provides no information as to why the proposal
contributes to the balance of housing types and sizes of housing available in Los
Gatos as required by Policy LU -6.10.
Additionally, Policy LU -7.2 of the new 2020 General Plan provides the following
requirement:
To ensure compatibility with surrounding
neighborhoods, infill projects shall demonstrate that
the development meets the criteria contained in the
Development Policy for In -Fill Projects and the
deciding body shall make findings consistent with this
policy.
No such findings are proposed or have been made, nor was this policy referenced in
the staff report. Further, the General Plan requires that, "[i]nfili projects shall
contribute to the further development of the surrounding neighborhood ... and
shall not dotr act from the existing quality of life" (Policy LU -7.4), and "[I]nlill
projects shall be designed in context with the neighborhood and surrounding
zoning with respect to the existing scale and character of surrounding
structures, and should blend rather than compete with the established
character of the area. (Policy LU.7 -5.) It is simply not possible for the subdivision
proposal to satisfy these requirements: the proposal is demonstrably out of
HKNM \48921 \829747.1
Honorable Chair and
January 11, 2011
Page 3
Members of the Town of Los, Gatos Planning Commission
character with the neighborhood, has numerous potentially adverse impacts, and
cannot satisfy mandatory General Plan and zoning requirements.
In the Community Design Element of the new 2020 General Plan, it is stated that
[i]n. order to-preserve _ Los _Gatos':s._unique_character.and _high quality of-life,
new development must meet very high standards, not only in its appearance,
but also in its contributions to the social and economic life of the Town."
(2020 General Plan, Preliminary Administrative Draft, p. CD -2.) Intensity of
development is limited (see id., p. CD -4.), and the distinctive qualities of residential
neighborhoods are required to be promoted and protected (id, p. CD -8). Goal CD -7
expressly requires preservation of the quality of the private open space
throughout the Town. (Id., p. CD -9.) Private open space is a feature of the property
proposed to be subdivided that would be destroyed if the subdivision at 381
Pennsylvania Avenue is permitted. The proposed subdivision would also destroy
the privacy of neighboring property owners who currently enjoy their open space
areas.
Based on our extensive analysis of the 2000 General Plan, and the Preliminary
Administrative Draft 2020 General Plan, it is not possible for the Town to make the
required finding that the proposed subdivision is consistent with the'Town's General
Plan. (Gov. Code, § 66473.5.) Accordingly, the Town may not approve the
subdivision proposal.
We note that Town staff has apparently pre- determined, without the input of the
Town's decisionmakers, that the proposed subdivision is consistent with certain
provisions of the Town's General Plan. Town staff has not provided any analysis of
the project's consistency with the referenced provisions, nor has staff provided any
substantial evidence to support its conclusion. Such analysis and evidence is
required by applicable law, including the Town's Municipal Code. (See L.G.M.C., §
29.20.445.)
2. The Map Act Findings For Denial Can Be Made and Mus Be Made
For an unknown reason, Town staff has taken a clear position in support of the
application, notwithstanding the numerous legal problems we have identified with
the proposal. The Town staff has gone so far as to suggest that the application
must be approved by the Planning Commission because required findings for denial
purportedly cannot be made. As set forth in our detailed correspondence, and as
supported by substantial evidence the findings required for denial can be made.
Specifically, for the reasons set forth above (and included in our previous
correspondence to the Town): the project is inconsistent with the applicable General
Plan; and the subdivision is likely to cause substantial environmental damage to an
existing historic property. The Town must deny the proposed subdivision on those
grounds.
HKNM \48921 \829747.1
W - - ..
To- ..
Honorable Chair and Members of the Town of Los Gatos Planning Commission
January 11, 2011
Page 4
This project was ill- conceived by a property owner that mistakenly purchased a
- property he believed to be two legal lots. The neighborhood must not be asked to
bear the burden of a mistake made by the property owner.
We look forward to discussing these matters with you in more detail tomorrow
evening.
Very truly yours,
Lawson Kristina D.
KDL:KDL /vse
cc: Clients
Town Manager
Judith Propp, Town Attorney
Wendie Rooney, Community Development Director
Marni Moseley, Project Planner
Kevin Rohani, Town Engineer
Greg Howell
HKNM \48921 \829747.1
ATTENTION
Notice of Pubtie Hearing
WHEN: Wednesday, January 12, 2011 at 7;00 P.M. "
WHERE: Council Chambers, 110 East Main St., Los Gatos
WHAT: .Los Gatos Planning Commission will consider the'following:
381 Pennsylvania Ave - Subdivision Application M -10 -007 - Request -to consider an appeal of a decision of the
Development Review Committee approving a two -lot subdivision on property`zone'd R -1;8. APN.510 -41 -057.
WHO: Property Owner: .
381 Pennsylvania Ave, LLC
Notes''nbotd the abdve LLC: .
," ., „
Gregory Greg, Ho,,.well owxter
Who is Mr. Hozoell ? ;
'Realtor - Coldwell Banker (previously with Alain Pinel)
Developer = Howell & McNeil Development, LLC
A bit of priee,history for the properhj:
Howell purchased property from prior owner's trust beneficiaries for $2.4m on June 30, 2010.
Listed property for sale on October 8, 2010.for $3.499m
Lowered asking price on December 3, 2010 to $3:295m
Listing removed December 19, 2010
Appellant:
Matthew Haberkorn
Owner /resident at 371 Pennsylvania Ave adjacent property
Project Planner:
Marni Moseley
All persons interested in this application are encouraged to appear the public hearing and be heard.
WHY ATTEND?
381 Pennsylvania Avenue has been deemed eligible for a local historic designation, and the historic nature of the property has been well
documented by the Town. The residence at 381 Pennsylvania Avenue was constructed sometime in the 1880s. The home was purchased by'
Frank McCullough for his "maiden lady" sister, Mary McCullough, who worked for an organization for the blind. It was sold in 1939 as
part of the McCullough estate and purchased by Bill Balch who kept it until 1962. The house was then'sold to Dr. Morton and Margaret
Manson. Ms.'Manson resided there until her death in 2009. Margaret Manson, used to say, "we don't do things like this in Old Los Gatos,"
The house was awarded a Bellringer plaque in 1987. In 1987, the property existed as it does today with the exception that in 1996,
Ms. Manson reconstructed the detached, nonconfornung garage at the front of the property.
Let "s keep history in tact, maintain property values *anti stop urban sprawl.
JANUARY 11, 1011 SILICON VALLEY CO�INdUNI1'1' NFIVSPAPFP'S 19
EXHIBIT 18
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