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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 WRR:MM:cgt N: \DEV \PC REPORTS\20t 1 \3 81 Pennsylvania -desk item.doc C3 G� 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 P �Iw/ _ s / , Y ' / '► /+ / . ✓ � ;. � �• � / i / .! �, ,ter Sereno Group Real Estate _ 214 Los Gatos- Saratoga Rd. Telephone (408) 335 -1400 www.serenagroup.com Los Gatos, CA 95030 Fax (408) 399 -7200 . ^ . , � , ' ' / ` \ / ' \ / � \� � 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 THIS PAGE INTENTIONALLY LEFT BLANK