Jun e 1, 2017 The Mayor, Vice Mayor and Town Council of Los Gatos 110 East Main Street Los Gatos California 95031 Dear Madam Mayor, Mr Vice-Mayor, Members of the Town Council, Re. 341 Bella Vista Avenue, Architecture and Site Application S-12-103 148 Maggi Court Los Gatos California 95032 We are writing to ask you to reject the Applicant Mr Ros s's proposal and deny his appeal, as we believe his design does not conform to the rules and regulations of the Town including the Genera l Plan, the Hillside Design Sta ndard s and Guid elines and the Residential Guidelines. Mr Ross has offered some changes to his design however we believe it is substantially the same hou se wit h substantially the same issues as in previous iterations including overall size, the FAR, bulk and mass, prominence, footprint and impact on the hillside (includ ing impact on individu al trees that he sh ou ld be preserving) and fit with the neighborhood. Eith er Mr Ross did not want to make the changes requir ed to the extent required or he cannot with his current design .. Furthermore we believe the approach of 'ma ny op tions' th at Mr Ross is using (another one was added to the Staff Report this evenin g) is disingenuous to the planning process, and it is clear to us that Mr Ross is wanting to negotiate with the Co uncil, and believes he can negotiate wi th the Co un ci l, ra ther than try to comply fu ll y with its l aws and direction. The Town Council might wish that thi s hillside story was closed, however Mr Ross knew what he was getting into when he bought this land and we strongly believe the Council should not be tempted to put exp ediency in place of good law making and good adjud ication. Yours sincerely, Nick and Lau ra Williamson williamsonnick@aol.com 408 601 9284 (Nick) ATTACHMENT 2 5
Transcript
June 1, 2017
The Mayor, Vice Mayor and Town Council of Los Gatos 110 East Main Street Los Gatos California 95031
Dear Madam Mayor, Mr Vice-Mayor, Members of the Town Council,
Re. 341 Bella Vista Avenue, Architecture and Site Application S-12-103
148 Maggi Court Los Gatos
California 95032
We are writing to ask you to reject the Applicant Mr Ross's proposal and deny his appeal, as we believe his design does not conform to the rules and regulations of the Town including the General Plan, the Hillside Design Standards and Guidelines and the Residential Guidelines. Mr Ross has offered some changes to his design however we believe it is substantially the same house with substantially the same issues as in previous iterations including overall size, the FAR, bulk and mass, prominence, footprint and impact on the hillside (including impact on individual trees that he should be preserving) and fit with the neighborhood. Either Mr Ross did not want to make the changes required to the extent required or he cannot with his current design ..
Furthermore we believe the approach of 'many options' that Mr Ross is using (another one was added to the Staff Report this evening) is disingenuous to the planning process, and it is clear to us that Mr Ross is wanting to negotiate with the Council, and believes he can negotiate with the Council, rather than try to comply fu lly with its laws and direction. The Town Council might wish that this hillside story was closed, however Mr Ross knew what he was getting into when he bought this land and we strongly believe the Council should not be tempted to put expediency in place of good law making and good adjudication.
-----Original Message-----From : Rebecca Wilson [mailto:[email protected]] Sent: Friday, June 02, 2017 11:06 AM To: [email protected]; Town Manager Subject: Bella Vista Avenue application
Dear Council Persons:
As residents of 312 Bella Vista Avenue in Los Gatos, we ask you to deny the application for at 341 Bella Vista Avenue.
It has a detrimental impact on the residences of Bella Vista Avenue and a severe impact on the residents of Maggi Court as presented at the Planning Commission and Council Meetings.
Subject: CORRECTION: 341 Bella Vista Ave. Los Gatos, CA Application
June 2nd, 2017
Mayor Sayoc and Council Members
Town of Los Gatos Community Development Department 110 East Main Street
Los Gatos, CA 9503 1
Re: 341 Bella Vista Ave. Los Gatos, CA Application
Dear Mayor Sayoc and Council Members,
We are writing again to reinforce our extreme concern with the proposed residential development at 341 Bella Vista Avenue submitted by Mr. Dan Ross. We live at 152 Maggi Ct. Los Gatos, CA in Bella Vista Village and we are the owners of this property.
The new proposal still fail s to address many concerns that I personally and our community expressed in many hearings and letters before.
1. Significant privacy issues: including visibility into neighboring properties;
2. Bulk and Mass: Guidelines are interpreted in favor of the developer. Proposed structure
plan suggests adding square footage every possible way. From downhill, this structure will look exactly like what it is: 2800 sq. feet house, no matter that 1200 sq. feet is counted as a cellar. 3. Environmental impact: cutting trees and transforming a lively green steep hill into a huge
house that covers the most of the hillside and very visible from the properties down the hi ll.
We would like to kindly ask the Council Members to deny this application.
Sincerely Yours,
Vitaliy Stulski and Natallia Stulskaya
Owners of 152 Maggi Ct. Los Gatos, CA.
From: Rob DiNapoli [ rnai lto:[email protected]] Sent: Friday, June 02, 2017 1:18 PM
To: Council Cc: Town Manager
Subject: Request to Deny 341 Bella Vista Avenue Development Proposal
Dear Mayor Sayoc and Council Members,
My wife Karin and I have been a resident at 322 Bella Vista Ave and have enjoyed our neighbors and neighborhood for 18 years. Despite being a busy thoroughfare for the high school, joggers, dog walkers and afternoon commuters bypassing the left hand turn from Hwy 9 onto Los Gatos Blvd, we have managed to maintain a quaint and rural feel along this busy and narrow street.
For the last 1/3 of our tenure on Bella Vista we have watched and fought efforts to build an
oversized home on the steep slope of 341 Bella Vista. While we support an individual ' s right to build a home on their property, we believe it is the job of our elected and appoint representatives to determine which existing regulations apply to such buildings; keeping in mind that such regulations were originally implemented to maintain harmony, value and usefulness within the community.
Each time the 431 Bella Vista Ave development has come before the Planning Commission,
there have been a host of requests to 'work around ' existing regulations. In the seemingly endless redesigns we 've seen requests for Excessive FAR, Living Rooms listed as Cellars, excessive tree removal , merged lots to increase bulk and mass ... the list goes on. Fortunately, each time the project has been presented to the Planning Commission, it has been denied.
The bottom line is that there are far too many problems with the site to make exceptions and allowances for such a large home to be built! The Town Council formed the Planning
Commission and appointed its members to study building requests, apply appropriate regulations and determine which projects are built in our community. Like the Planning Commission, the neighborhood and developer have also been active working and commenting on this project.
The Planning Commission has patiently studied and heard from the involved parties and each time the project has been DENIED.
I urge you not to try and fix what isn' t broken! Deny the appeal and require the applicant to comply with ALL of the standards and guidelines that are in place to maintain harmony, value
and usefulness within our community.
Thank you for your service to the Town of Los Gatos.
Respectfully yours,
Rob & Karin DiNapoli
DiNapoli Specialty Foods
322 Bella Vista Ave.
408-356-0228
www.dinapol i.biz;
Sally Zarnowitz
From: Sent: To:
Subject:
Dear Town of Los Gatos:
Barnickel, John, RVP <[email protected]> Friday, June 02, 2017 1:38 PM Sally Zarnowitz; Rob Rennie; Marico Sayoc; Marcia Jensen; Steven Leonardis 339-341 Bella Vista
Thank you in advance for reviewing my thoughts on the proposed home at 339-341 Bella Vista. By way of background, I live in the neighborhood near Caldwell and Bella Vista, I pass the site by car and on foot on a regular basis. In short, I support the development of this lot. Here are factors that I believe make this project very acceptable to the community and immediate surrounding area:
- Many of the neighbors on Bella Vista have known for years that these two lots could be built on. The current plan consists of one home instead of two, it retains the wooded nature of the site, preserves the majority of the trees, and is reasonable for the neighborhood.
- I live in a larger Bluebird Lane home (3,508 square feet) on a smaller lot (4,922 square feet) than this proposal. This is a
modest 1100 SF footprint on a 10,000 SF lot.
- This is urban living, surrounded by medium density housing, a motel, houses with apartments in back, and within earshot of Hwy 9 and 17.
- I have a concern that the process has become overly burdensome to citizens of the Town. Especially given the shortage of cu rrent housing units available in Los Gatos, responsible development such as this proposal should be encouraged, not st ifled.
- This plan has been recommended for approval by your Town Planning Department, is compliant with no exceptions or variances and has been vetted by your Town Engineer/Public Works, Town Consulting Architect, Town Geotechnical Engineer and Town Arborist.
It's hard to understand there are any grounds for denial when you look at the density and lot coverage of the other homes in the neighborhood. I would have attended the upcoming hearing in person to present my position but will be in Florida for a business meeting. Please accept this written correspondence and please approve this plan. Feel free to ca ll me with any questions. Thank you for your time.
John Barnickel Vice President, Pacific Region Cardiac and Vascular Group Medtronic, Inc. (925) 872-3000 Mobile www.medtronic.com
John Barnickel Vice President, Pacific Region Cardiac and Vascular Group Medtronic, Inc. (925) 872-3000 Mobile
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www.medtronic.com
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From: Vitaliy Stulski [mailto:[email protected]] Sent: Friday, June 02, 2017 2:02 PM To: Council; Marico Sayoc Cc: Town Manager Subject: RE: 341 Bella Vista Avenue
To Mayor and Council Members of Los Gatos,
Executive summary
I and my family are owners of 152 Maggi Ct. We are Los Gatos residents for 11 years. I respectfully request that you deny the appeal. I oppose the development of a property at 341 Bella Vista Av. for the following reasons:
• Bulk and mass • Abuse of cellar policy • Danger for downhill properties in case of an earthquake or heavy rain • Removal of trees and vegetation • Increased risk accidents on Bella Vista • Privacy issues
I also would like to put on notice that I do not follow the procedural override when the project reviews go around a normal and established consideration flow with required scrutiny (where Planning Commission is involved and appeals are handled through the chain of command in Town Council). I am confused with 4/5 new draft-quality options (at best) the developer has submitted. What decision he tries to solicit from the Council?
Details
1. Bulk and mass: house is simply way to large for the steep hill and overall nature of the lot. In every dimension it exceeds an acceptable size. It's tall, it's wide, it's pushed too deep down the hill.
2. Abuse of cellar policy: cellar size is roughly matches the size of the countable FAR and used to double livable space (and therefore size of the house). It has walls that extend above the ground. Gigantic portions of the rooms are qualified as a cellar.
3. Danger for downhill properties: We wrote numerous times to the Planning Commission and Town Council on that topic. Nowhere along this hills side property sits in such close proximity to the downhill residencies on a such steep slope.
4. Removal o[the trees: Nowhere on this hillside all large trees were removed top to bottom to facilitate construction. In the options presented the builder states that shifting of a large house along the hill will not save more trees. True statement. But making the house 2 or more times smaller will.
5. Increasing a risk of traffic accidents: tum on Bella Vista and no side walk on the side of the
property make a narrow street with heavy high school students traffic in the morning more dangerous.
6. Privacy issue: the house will tower over downhill properties and violate privacy of their residents.
A very difficult and seemingly unbuildable nature of the lot pushes the developer to make hard choices. Instead of making tough calls himself and significantly reducing the size of the property, he pushes problems on the surrounding neighborhood asking everyone around to surrender in quality of life (be it privacy, traffic, trees, security). I firmly believe that it is too big of an ask. My ask for the Council is much simpler: please follow the law and deny the appeal.
Thanks You and Regards,
Yitaliy Stulski 152 Maggi Ct Los Gatos, CA
On Jun 2, 2017, at 2:40 PM, Jennifer Colson <[email protected]> wrote:
June 2, 2017 Mayor Sayoc and Council Members Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030
Dear Mayor Sayoc and Council Members,
I am writing regarding the proposal for a home on 339-341 Bella Vista. I am surprised that a fully compliant plan would be so difficult to get approved. Multiple proposals have been recommended for approval by the Planning Department only to be denied by the Planning Commission. Over the years, the Ross' have made countless concessions, thoughtfully taking into consideration the neighbors on Maggi Ct., those on Bella Vista as well as those requests and direction given by the Planning Commission and Town Council: far more than any legal or zoning requirements would necessitate. They've addressed the trees and location of the home on the lot, the height of the home, window placement, lines of sight, driveway and safety concerns, traffic and mass and scale concerns. Each time, only to be denied again, the "carrot" moved and new requests for change.
I've heard the complaints from the Maggi Ct. neighbors. I understand that many of them didn't realize the property behind them was zoned residential and that eventually a home or two would ultimately be built there. The reality is they won't support any project on that land of any size. The Ross' have reached out to them in the past only to be met with anger and hostility. No one came to the table for the purposes of compromise . They've made it very clear that they intend to continue to be the squeaky wheel and pull as many strings as they can to obstruct the process. Even so, the Ross' plans are very thoughtful of them. They always intended to be neighborly. They are part of our community and never intended to be in this bitter battle. While anyone can appreciate the feelings and disappointment from the Maggi Ct. community, their rights certainly don't surpass the property rights of the Ross' as owners to build on these residential lots. This would create a very dangerous precedent for the discretion at which our town can approval or obstruct development.
Please take the time, council members to look at the history here and stand up for what is right by approving the plans as presented. I attended the last Town Council meeting and was extremely disappointed in the lack of progress. Bringing back up the trees and possibly finding another building site on the lot when these issues had been addressed years before is counterproductive. To not recognize that this is a very moderately sized home compared to the neighbors makes further discussion of mass and scale appear punitive. And ultimately to bring up the suggestions of removing the garage entirely or of re-zoning the property to agriculture was mind-blowing to me and horribly disappointing. This is not progress! These are not reasonable requests. This home fully complies with all the zoning and building restrictions as approved by the town. It was recommended for approval by the Planning Department and should have been approved by the Planning Commission. Please remedy this by voting your approval.
Regards,
Jennifer Colson
Jennifer Colson
Sally Zarnowitz
From: Sent:
Phillips, Jay R. <[email protected]> Saturday, June 03, 2017 1:17 PM
To: Sally Zarnowitz Cc: [email protected] Subject: 339-341 Bella Vista
Ms. Zarnowitz,
I have been a Los Gatos resident for severa l decades and currently live on Bella Vista .
I am strongly in favor of this home proposal. It is compatible with the neighborhood, will retain a majority of t rees, and will allow for safe egress from the driveway.
Best Regards,
Jay R. Phillips Senior Managing Director CA i\E i. iCt;:1St ::()07 ~5380
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Newmark Cornish & Carey 2804 Mission College Blvd, Suite 120 Santa Clara, CA 95054
D 408.987.4164 F 408.988.6340 c 408.836.5968 [email protected] Profile
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From: Philip Knopf [mailto:[email protected]] Sent: Saturday, June 03, 2017 4:15 PM To: Council Subject: 339-341 Bella Vista Ave
Mayor and Members of the Los Gatos Town Council,
Last week I heard about the ordeal the Ross's have been going thru for the past 12 years. When they purchased the property their son was in kindergarten, he is now a sophomore in High School. The project has been approved by the Town Planning Staff, I feel it is now time to approve this project. Please support the Ross's with their appeal Thank you Phil Knopf
-----Original Message-----From: [email protected] [mailto:[email protected]] Sent: Sunday, June 04, 2017 8:21 PM To: Council Subject: 341 Bella Vista Ave
Please deny this project. The Planning Commission spent many hours reviewing this application and denied it. Nothing much has changed since then. The mass and scale of the home proposed are too big for the lot. The house will loom over our downhill neighbors. While the issues of loss of major trees and unsafe traffic conditions have been discussed and seemingly set aside as "taken care of", I am still troubled by these issues. These trees provide a major buffer for us from freeway noise and visibility of our downhill neighbors. Once the biggest ones are removed, how will the remaining survive? Mr. Ross has made some adjustments to his driveway to make it safer, but Bella Vista is a narrow street used by lots of walker, joggers, bikers - and children on their way to school. I am worried about everyone's safety. Finally, Mr Ross bought his property with the full knowledge of the issues it presented and the constraints that our current laws place on the development of hillside property. Please apply those laws and guidelines as they were intended, uphold the decision of the Planning Commission and deny this project.
Thanks you for your time.
Judy Coughlin 320 Bella Vista Ave
From: [email protected] [mailto: [email protected]] Sent: Sunday, June 04, 2017 10:06 PM To: Council Cc: Town Manager Subject: June 6 Agenda Item # 15 - 339 & 341 Bella Vista Ave.
RE: 339 & 341 Bella Vista Avenue Applicant: Dan Ross Town Council Meeting 6/6/17
Dear Council Members:
We are writing in response to the above application and the Letter of Justification dated May 23, 2017. Many of the same issues we faced in 2003, 2008, 2011 and 2016 when this project was denied, have not changed substantially. We urge you to deny this application.
The most significant issue for us is the removal of protected trees.
This current application includes plans to remove two of the biggest and healthiest trees on the property. The arborist's report states that the two biggest trees, the Coast Live Oaks that are directly across the street from our home, are slated for removal. They are among the healthiest on the property. A mitigated negative declaration has been filed.
• We disagree with the report's assessment that the removal of trees would be of minimal impact.
• When trees are removed for the construction of this development the building with all of its vents and chimneys will be plainly visible from viewing platforms.
• The view of all the power lines, now obscured by the tree-backdrop, will be stark and constitute a degradation of the "vista" from our street.
• The trees now shield us from the light pollution from nearby sources below. They also shield us from the noise coming from Highway 17. Their removal will substantially increase the freeway noise.
• The report states "no significant impact, with mitigation". What are the mitigations for cutting down two or more ancient oak trees? Are replacement trees to be planted?
• Where will these replacement trees be placed on the site? No amount of money or the planting of trees in some other location will mitigate the loss of these trees.
• These trees along the west side of Bella Vista Avenue constitute a significant green belt which birds use to migrate from south to north with relative protection from human activity. Removal of trees on this site would disrupt this corridor.
Hillside Development Standards and Guidelines Section 29.10.0990 States:
"Standards of review.
"(6) Except for properties located within the hillsides, the retention of a protected tree would result in reduction of the otherwise-permissible building envelope by more than twenty-five (25) percent."
In other words, the removal of a protected tree because it is in the way of development is not an option in the hillside zone. The house needs to be made smaller to save the trees.
Any construction on this site will seriously endanger these beautiful heritage oaks. Perhaps a small-footprint home on the north corner of the lot could be considered if any
building is to be done at all. Even then, the safety impacts and esthetics cannot be mitigated satisfactorily.
We urge you to deny this application.
Thank you .
Sincerely,
Dr. Tim Coughlin
Attached: letter to Planning Commission April 6, 2016
April 6, 2016
Planning Commission Town of Los Gatos
Timothy S. and Judith A. Coughlin 320 Bella Vista Ave. Los Gatos, CA 95032
Community Development Department 110 East Main Street Los Gatos, CA 95030 [email protected]
RE: 341 Bella Vista Avenue Architecture and Site Application S-12-103 Mitigated Negative Declaration ND-16-001 Subdivision Application M-12-008
Dear Commissioners:
We are writing in response to the above application. Many of the same issues we faced in 2011 when this project was last denied, have not changed substantially.
Trees
This current application includes plans to remove many trees including some of the biggest and healthiest on the property. The arborist's report states that the two biggest trees, the Coast Live Oaks that are directly across the street from our home, are slated for removal. They are among the healthiest on the property. A mitigated negative declaration has been filed .
• We disagree with the report's assessment that the removal of trees would be of minimal impact.
• When trees are removed for the construction of this development the building with all of its vents and chimneys will be plainly visible from viewing platforms.
• The view of all the power lines, now obscured by the tree-backdrop, will be stark and constitute a degradation of the "vista" from our street.
• The trees now shield us from the light pollution from nearby sources below. They also shield us from the noise coming from Highway 17. Their removal will substantially increase the freeway noise.
• The report states "no significant impact, with mitigation". What are the mitigations for cutting down two or more ancient oak trees? Are replacement trees to be planted?
• Where will these replacement trees be placed on the site? No amount of money or the planting of trees in some other location will mitigate the loss of these trees.
• These trees along the west side of Bella Vista Avenue constitute a significant green belt which birds use to migrate from south to north with relative protection from human activity. Removal of 10 or more trees on this site would disrupt this corridor.
Ingress and Egress/Safety
• We are very concerned about the narrowness of the street and the ability of fire equipment to navigate it with the increased parking and the presence of a new driveway. Bella Vista Ave. is extremely narrow where it meets Simons Way and this is because there are houses on both sides and cars parked on the right-of-way. We do not want to see that happen here.
• Bella Vista Avenue is a bike route. Residents paid for surfacing the street with the help of federal dollars for the bike-route designation. The additional driveway, parking and ingress/egress would add to the danger of riding on the street.
• The proposed driveway configuration would necessitate that the driver back out uphill onto Bella Vista, a dangerous move, especially during high-school commute times. This is a significant hazard as the driveway is steep.
• How will increased traffic be mitigated? How will the safety for bicyclists be ensured? How will fire-engine access be assured?
The development created by this applicant on the south end of Bella Vista stands as a monument to his vision of how this neighborhood should look. It is crowded, unsafe, and frustrating for drivers trying to navigate the narrow, parked-up street. This is not our vision for this neighborhood.
We urge you to deny the application.
Thank you.
Sincerely,
Tim and Judy Coughlin
The Town's Tree Protection Ordinance states:
Sec. 29.10.0950. Intent. This division is adopted because the Town of Los Gatos is forested by many native and nonnative trees, and contains individual trees of great beauty. The health and welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, prevent erosion of topsoil , provide protection against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly to the value of land in the Town. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process. Special provisions regard ing hillsides are included in Section 29.10.0987 of this division in recognition of the unique biological and environmental
differences between the hillside and non-hillside areas of the Town. This section does not supersede the provisions of Chapter 26 of this Code. (Ord. No. 2114, §§I, 11, 8-4-03)
Sec. 29.10.0987. Special Provisions-Hillsides The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat which is also a key component of the Town's identity, character and charm. In order to maintain and encourage restoration of the hillside environment to its natural state, the Town has established the following special provisions for tree removal and replacement in the hillsides: ( 1 ) All protected trees located 30 or more feet from the primary residence that are removed shall be replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and Guidelines (HDS&G). (2) All protected trees located within 30 feet of the primary residence that are removed shall be replaced as follows: (a) If the removed tree is a native tree listed in Appendix A of the HDS&G, it shall only be replaced with a native tree listed in Appendix A of the HDS&G. (b) If the removed tree is not listed in Appendix A, it may be replaced with a tree listed in Appendix A, or replaced with another species of tree as approved by the Director. (c) Replacement trees listed in Appendix A may be planted anywhere on the property. ( d) Replacement trees not listed in Appendix A may only be planted within 30 feet of the primary residence. (3) Replacement requirements shall comply with the requirements in Table 3-1 Tree Canopy Replacement Standard of this Code. ( 4) Property owners should be encouraged to retain dead or declining trees where they do not pose a safety or fire hazard, in order to foster wildlife habitat and the natural renewal of the hillside environment.
Sec. 29.10.0960. Scope of protected trees. This division shall apply to every property owner and to every person, corporation, partnership, sole proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees protected by this division are: (1) All trees which have a twelve-inch or greater diameter (thirty-seven and one-half-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eighteen inches or greater diameter (fifty-six and one-half inch circumference) of the sum of all trunks, where such trees are located on developed residential property. (2) All trees which have an eight-inch or greater diameter (twenty-five-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eight inches or greater diameter (twentyfive-inch circumference) of the sum of all trunks, where such trees are located on developed Hillside residential property. (3) All trees of the following species which have an eight-inch or greater diameter (twenty-fiveinch circumference) located on developed residential property: a. Blue Oak (Quercus douglasii) b. Black Oak (Quercus kellogii) c. California Buckeye (Aesculus californica) d. Pacific Madrone {Arbutus menziesii) (4) All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. Page 5 (5) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (6) of this section (e.g.,
landscape or site plans). (6) Any tree that was required by the Town to be planted or retained by the terms and conditions of a development application, building permit or subdivision approval in all zoning districts, tree removal permit or code enforcement action. (7) All trees, which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk and are located on property other than developed residential property. (8) All publicly owned trees growing on Town lands, public places or in a public right-of-way easement, which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk. (9) A protected tree shall also include a stand of trees, the nature of which makes each dependent upon the other for the survival of the stand. (10) The following trees shall also be considered protected trees and shall be subject to the pruning permit requirements set forth in Section 29.10.0982 and the public noticing procedures set forth in Section 20.10.0994: a. Heritage trees b. Large protected trees (Ord. No. 2114, §§I, II, 8-4-03)
From: Erika Varga McEnroe [mailto:[email protected]] Sent: Sunday, June 04, 2017 11:30 PM To: Sally Zarnowitz; Rob Rennie; BSpector; Marica Sayoc; Marcia Jensen; Steven Leonardis Cc: [email protected] Subject: 339-341 Bella Vista
Dear Los Gatos Town Council Members,
Ask anyone who really knows the Ross family and they will tell you that the Rosses are very special people and one of the most wonderful families in the Los Gatos community. They are model citizens of Los Gatos. They are also a very modest family and they simply want to build one modest residential house on a legal buildable lot. This should not be so hard to do. The Rosses are not some huge, uncaring, non-local corporation without feelings. And this property is not the North 40 or a multiunit complex. It is unconscionable that it has taken more than eight years for them to get an approval. The plan has been deemed compliant, and recommended for approval, by the Town Planning Department. We believe that the Town Council should now approve the Ross's plan.
Please put yourself in their shoes. The amount of stress that this protracted process has caused the Ross family is palpable. The financial stress alone is jaw-dropping - they have spent hundreds of thousands of dollars paying architects, engineers, and arborists, doing and redoing plans over and over just to get an approval to start build ing. And the strain on their personal life, their family, and their health is enormous. It is not fair or reasonable to put any family through this, let alone one of our own Los Gatos devoted families. This feels very personal, and the process is not allowed to be personal.
The Rosses are not asking for anything unreasonable here. • A 2,200 square foot home is not unreasonable - it is probably less than the averaged-sized
home in Los Gatos and it is compatible with the neighborhood. • A 1,100 square foot footprint on a 10,000 square foot lot is not unreasonable - it is only 10% of
the property. The square footage of the entire home is only 20% of the property, unlike some of the homes owned by the very people opposing this project which have homes that are 120% of the property.
• Building 30 feet away from their closest neighbor is not unreasonable - the neighbors next to the Ross's current home on Villa just added a second story six feet off the Ross's property line.
• The height of the home is not unreasonable - the proposed house is 22 feet high, at its highest point, while some homes in the neighborhood are 35 foot high.
• Building a house on a slope is not unreasonable - there are houses all over town, and many houses on the very same street, that are built on such a slope.
What is unreasonable is for this town to say that a lot is buildable, but then repeatedly deny reasonable requests to build on it for 8+ years. What is unreasonable is for many of the neighbors to expect that this buildable lot remain empty. This piece of property is not a park. There simply is no question that this is a buildable lot. Everyone in Los Gatos should expect that an empty lot will be developed, or that their neighbor with a small house will want to expand their house - it is happening everywhere. It is just a matter of time. And, yes, it stinks - no one actually likes development or expansion next to them, but it is just a fact of life and consequence of living in Silicon Valley. The neighbors have been fortunate that the property hasn' t been developed to date. But it is time for the
neighbors and the Town Council to recognize that these neighbors do not have the right to stop the development of this property and that this fellow Los Gatos family does have the right to build a reasonable home on this buildable lot.
The Rosses have worked hard and spent a lot of money to meet the many requests over the years. The plans before the Town Council for the development of 341 Bella Vista meet all of the legal requirements. To deny this application, yet again, after all of the compromises that the Rosses have made, is to continue to favor the neighbors with a NIMBY attitude over the owners of the property who have right to build. This is simply not fair. We ask that you please approve this plan.
