MEETING DATE: 10/14/2020 TOWN OF LOS GATOS ITEM NO: 2 CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE REPORT DESK ITEM
DATE: October 14, 2020
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Conceptual Development Advisory Committee Application CD-20-005. Project Location: 15299 Top of the Hill Road. Property Owner: Jamshidi Trust. Applicant: Samir Sharma. Requesting preliminary review of a proposal for subdivision of one lot into three lots on property zoned RC. APN 537-24-022.
REMARKS:
Attachment 9 contains written comments received by 11:00 a.m., Wednesday, October 14, 2020.
ATTACHMENTS:
Attachments previously received with October 14, 2020 Staff Report: 1. Location map 2. CDAC Application 3. Project Description Letter 4. General Plan map of surrounding area 5. Zoning map of surrounding area 6. Initial Conceptual Plans 7. Preferred Conceptual Plans
Attachment previously received with October 14, 2020 Addendum: 8. Public Comments received by 11:00 a.m., Tuesday, October 13, 2020
Attachment received with this Desk Item Report: 9. Public Comments received by 11:00 a.m., Wednesday, October 14, 2020
PREPARED BY: Jennifer Armer, AICP Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov From: R Darrell Boyle Sent: Tuesday, October 13, 2020 2:08 PM To: Planning Comment
To: Town of Los Gatos Conceptual Development Advisory Committee
From: Darrell Boyle 15308 Top of the Hill Road, Los Gatos 95032
Re: 15299 Top of the Hill Road Application CD-20-005. 10/14/20 Advisory Committee Meeting
Dear Advisory Committee Member:
As neighbors to the above property, my wife and I received a notice of your October 14, 2020 meeting and request by Mrs. Jamshidi to change the zoning of the lot and to subdivide the property adding two new homes.
As a California Leadership Council member for The Nature Conservancy and past chairman of California Trout I spend a lot of my time and energy conserving wild places. Living in an almost wild setting is very important to me. We purchased our home in 2005 to enjoy the peace and tranquility of this rural, low density neighborhood with a great view of the Sierra Azul open space, yet still realize the benefits of living in the wonderfully unique Town of Los Gatos. Our home is across Top of the Hill Road from the 2.6 acre vacant Huckle property which is for sale at this time. A new building there would be the 3rd development project along the Jamshidi ridgeline. This parcel shares a boundary with the Jamshidi property and I worry about what all of this development will mean for the wildlife that lives here. I have regularly seen the following wildlife there: deer (every night), coyote, quail, bob cat, mountain lion (only once), king snake, gopher snake, Great Horned owl, Redtail hawk, and Sharp shined hawk, and many song birds. We moved from Saratoga where we had lived for over 20 years and feel fortunate to retire to this great setting.
I want to strongly encourage you to reject this rezoning request and accompanying subdivision plan. We strongly disagree with changing the Resource Conservation zoning status of this parcel, as this would negatively affect our entire neighborhood. We further disagree with any effort to subdivide this parcel adding two new homes. Both ideas violate the smart zoning requirements established to protect this area. There aren’t many places like this left. Good on Los Gatos for protecting them.
We are worried that a rezoning would set a precedent that would encourage other subdivisions in the neighborhood, which would further change our surroundings in negative ways. There are other large lots in the neighborhood, and what is to prevent them from seeking a zoning change to allow subdivision after you allowed such a change on the Jamshidi property?
ATTACHMENT 9 We are worried that additional traffic will create safety issues on narrow Top of the Hill Road. There would be a dramatic increase in traffic during construction but also homes of this size on the top of our road would mean more cars on the road every day. I walk my dogs up the road to the Jamshidi gate several times every day and worry about safety with additional traffic.
Recently expanded use of the Sierra Azul trailhead has increased traffic and parking on Top of the Hill Road. This has turned our road into a one lane road. We have serious concerns about emergency vehicle access and I’m sure you share those concerns.
Also, I want to express my bewilderment that the Jamshidi plan calls for a new building across from the Casal home which will dramatically alter their view and enjoyment of their property. How could anyone think this is a good or fair action? The Casals just moved here. Imagine their frustration.
Please reject this application.
Last, I’d like to point out some inaccuracies in the plots accompanying the application. The road labeled “Top of the Hill Court” is actually the private extension of Top of the Hill Road. The Court is just above Kennedy Road. Also, it’s confusing to me that the concrete driveways on the Jamshidi property are labeled Top of the Hill Road. I don’t know if this was intended to mislead the Committee into thinking the road already exists on the property. These are inside the Jamshidi gate and are, I believe, merely driveways.
I would also like to offer my sincere gratitude for your service to our community.
Sincerely yours,
R. Darrell Boyle
Darrell Boyle
From: Todd Harris Sent: Tuesday, October 13, 2020 8:50 PM To: Jennifer Armer
Please acknowledge receipt of this email and its inclusion in the materials for the 10-14-20 meeting. Thank you, Todd
To: Conceptual Development Advisory Committee & Planning Commission as necessary From: Todd Harris, resident 15297 Top of The Hill Road Date: 10-12-20 Sub.: Application CD-20-005 for parcel APN 537-24-022 (15299 Top of The Hill Road)
Thank you for inviting comment on the proposed rezoning and subsequent proposed development projects on parcel APN 537-24-022 (the parcel). As you know the parcel is currently zoned RC (Resource Conservation). I oppose any action that would change the zoning status on the parcel from RC, and oppose any action that would support the proposed development projects. There are a number of reasons I will list below, however, this list should not be considered exhaustive. Furthermore, I do not agree or consent to the notion that any potential legal challenge shall be limited to, as a cause of action, solely items bought up at, or prior to the public hearing scheduled on October 14, 2020. I will use bullet points to make the most efficient use of time. • This neighborhood is already experiencing increasing risk from fire danger, adding more housing and residents only adds to the potential human toll if a fire tragedy were to strike. • Kennedy road and Top of The Hill Road have experienced increased use and parking effectively reducing the bottom third of Top of The Hill Road to a one-lane road for significant periods of time on certain days. Increased traffic from construction projects will add to the congestion making it more difficult for emergency vehicles to pass, and putting the many cyclists that use this corridor at increased risk of bodily harm or death due to crowded roads from over-sized construction vehicles and large equipment trailers that will be using the road(s) for an extended period of time. • The infrastructure on the hill was designed for the number of lots present on the hill, splitting parcels and adding two uber-large houses will detrimentally impact and stress infrastructure negatively affecting quality and stability of infrastructure service to all residents in obvious and as of yet undefined ways. • Such large projects will impact the water-drainage and erosion characteristics of the natural hillside altering and impacting in potentially negative ways the properties that are down-slope from proposed projects.
• There are heretofore undefined environmental issues that need to be considered for such large projects that will impact the surrounding area and wildlife. For example, the California Environmental Quality Act (CEQA).
To be clear, I am a strong supporter of property owner rights, too often restrictive rules stop property owners from maximizing the enjoyment of their property or improving the quality of life on their property. However this is not the case for application CD-20-005. • This is not an owner asking for a variance to build a pool house, but is denied because the main house is deemed too big. • This is not a request to widen a driveway by two feet • This is not a request add square footage to a house the town deems too large • This is not a request to do landscaping with plants that are not native to the hillside.
No, this request, CD-20-005 fundamentally and profoundly changes the use of the land from the intended purpose. Everyone that purchases property in this neighborhood understands the zoning, and the limitation(s) of the zoning they live in. The parcel is zoned RC to preserve open space and preserve scenic vistas among other things. Building two uber-large luxury homes by splitting the parcel up in no way serves the intended use of the property, of which the current owners are well-aware (the current zoning and intended use). So it baffles the mind to search for a proper and valid reason to make any zoning change to the parcel, and allow such projects unless the property owner and developer are solely focused on financial gain. There is no public benefit contained in CD-20-005, and they are the only two parties that benefit. Again to be clear, I am in full support of making money, but attempting to change the rules solely for financial gain, no, I don’t think anyone would agree that is the right path. I submit to the Conceptual Development Advisory Committee & Planning Commission, that greed is not a reason to change the rules, greed is not a reason to support these proposals, and greed is not a reason to change the entire nature of the hillside. It was zoned RC, and should remain so, as an intact parcel.
Thank you for your time and for soliciting feedback, it is my sincere hope all of you will join me in opposing the rezoning and related proposals of application CD-20-005.
Warm Regards,
Todd Todd Harris
From: Lisa Harris Sent: Tuesday, October 13, 2020 8:58 PM To: Jennifer Armer
Please confirm receipt
To: Conceptual Development Advisory Committee & Planning Commission From: Lisa Harris resident 15297 Top of The Hill Rd Date: October 13,2020 Subject: 15299 Top of The Hill Rd Application CD-20-005 APN 537-24-022
My husband and I bought our home 4.5 years ago in this neighborhood specifically because of the natural open space character of the hill side location. I vehemently oppose the further development of the Jamshidi property at 15299 Top of The Hill Rd for the following reasons:
The house is currently in a Resource Conservation Zone-The owner was fully aware when she bought the property years ago. This zone protects open space, special land forms, scenic areas, watershed, wildlife, and vegetation. It restricts intensity of development, limits residential density, it reduces fire hazards in hillside locations. The proposed plan doesn’t maintain the rural natural open space character of the hillside.
A property in the RC Zone allows for no more than 1 house and 1 Auxiliary Dwelling Unit (1,500 sq feet or less). Currently that property has not only one existing house at 5,668 sq feet but also an ADU at 2,551 sq feet. According to today’s town policy, the Jamshidi property is already out of compliance. It has not one but 2 full size houses on it.
The Jamshidi property currently is labeled as a Williamson Act property- which means in exchange for that property remaining an open space lot, the homeowner has been receiving property tax assessments which are much lower than normal. That seems like a pretty good trade off.
The house is currently in an Earthquake Induced Landslide Zone as per the California Geological Survey-adding several more structures on that lot would be environmentally irresponsible.
They are trying to redefine the entire nature of the hillside by changing the RC zone to an HR 2 ½ zone and eliminating the Williamson Act after benefitting from it all of these years, all in the name of turning a profit.
Kind regards, Lisa Harris
From: Robert Wallace Sent: Tuesday, October 13, 2020 9:57:32 PM To: Planning Comment
Dear Advisory Committee, We live at 15305 Top of the Hill Ct., Los Gatos, CA. We believe the owner of 15299 Top of the Hill Rd, knew the restrictions on her property when she acquired it and now she wants it rezoned so she can add two large houses. We feel that rezoning would have several negative impacts in our area, and for that reason we oppose the rezoning of 15299 Top of The Hill Road. First is the possibility that other property developers would use the rezoning to apply to rezone other property they would acquire if they thought that a rezoning was possible. You may have received another proposal from someone who just bought a property next to 15299 Top of the Hill Rd, as they want to build on it, and they may think that you will rezone it so they can do more than one house. Further development in our area has issues that we would like you to consider. The road leading to our house has lots of bikers parking here so they can go down Kennedy Road, so access for a fire truck is a problem, and with all of California burning we don’t want that to become an issue based on more people living here. We also think that changing the zoning for this property will lead to future development here, as other builders take this as a signal that rezoning is possible. We also believe that this impacts some of our neighbors directly, who live near 15299 Top of the Hill Road. We appreciate you listening to our concerns. Thank you, Robert Wallace
From: Carol Wallace Sent: Tuesday, October 13, 2020 10:01:24 PM To: Planning Comment
Dear Advisory Committee, My husband, Robert, and I have lived at 15305 Top of the Hill Ct for 29 years and love our home and the beauty of the open space surrounding us. Our two daughters have many wonderful memories of their years growing up here. When they visit, along with our darling twin granddaughters, they love seeing the deer every evening, having a peacock stop by for a visit, listening to the owls in the evening and enjoying the beauty and tranquility of the area. It is a unique setting.
We were surprised and somewhat alarmed to receive a notice of the meeting on October 14 to discuss the possibility of rezoning the lot at 15299 Top of the Hill Rd so that two additional large homes can be built. If this is rezoned it would have a great impact on the open space, the quiet days and evenings, the beauty and serenity of the neighborhood which is one of the reasons we fell in love with this area. It could also set a precedent for others to apply for rezoning which would further impact the open space and natural beauty. Each of us who purchased property on Top of the Hill Rd and Top of the Hill Ct. knew there were restrictions and we, including the Jamshidi’s, agreed to those restrictions when purchasing our property. I believe the restrictions are/were to preserve the open space and beauty of this rural area.
We also have safety concerns regarding the rezoning that would allow more homes to be built on Top of the Hill Rd which would increase the density and cars in our neighborhood. As I am sure you are aware, many from Los Gatos and surrounding areas hike the Sierra Azul trails off Kennedy Rd. Everyday cars are parked on Top of the Hill Rd and on weekends cars are parked all the way up to the top of Top of the Hill Rd which means it is a one way road for those coming and going. Many times I have had to back up or down the hill to make room for someone coming or going. We are very concerned that if there was a fire in this area, emergency vehicles or cars could not or would have great difficulty getting up or down Top of the Hill Rd. We feel it could also be a hazard for cyclists going up or down Kennedy Rd.
We are opposed to the rezoning and hope you will consider our objections when making your decision.
Thank you, Carol Wallace
Julio Casal 15289 Top of the Hill Rd. Los Gatos, CA 10/13/2020
Conceptual Development Advisory Committee Community Development Department 110 E Main St. Los Gatos, CA
Re: 15299 Top of the Hill Road Application CD-20-005
Dear Advisory Committee,
Our family lives at 15289 Top of the Hill Rd, placed just in front of Mrs. Jamshidi’s property.
We bought our home last year and we moved in with our three kids less than one year ago investing our life savings in search of a low density, natural and quiet environment lifestyle.
We fell in love with the scenic views of the Silicon Valley that this hill provides, where in a clear day you can see San Francisco and Oakland. This is in fact the only spot from the neighborhood with oceanic views of the valley available to everyone to were everyday neighbors walk to or bike through. We often see people stop and stare at the horizon.
When we bought the house, we were told that these views, the quietness and our privacy were safe given that the land in front of us was an RC Space under the Williamston Act, a protected open space that restricts development, intensity of activity and protects scenic area.
We were shocked to receive last week a notification about a plan (application CD-20-005) which would requalify the land and remove the RC zone and the Williamston Act contracts to a new concept that favors development, increases density, activity and damages the scenic area.
We were horrified to see that in a 16 acres lot, the 2 versions of the plan had to place a large home just in front and very close to our home, blocking the scenic views not just for us but anyone and limiting our privacy.
I’ve drawn in red an approximate situation of our home (given that the submitted project does not show it) and the limits of our property on top of the developer’s diagrams. We feel devastated only with the consideration that a large open space ends up putting a house so close and covering a good portion of our property width.
There is already a security concern in our neighborhood after the traffic has only grown in the last year limiting the ability for emergency vehicles to pass. We have learned this year how real is the threat of fires and construction and ongoing traffic will only worsen this
Rezoning will establish a precedent in the closest neighborhood to Sierra Azul, one of the most wild and natural jewels of our town. This will only bring more rezoning and development projects to the loss of our open spaces and the natural fauna that it holds.
We can’t understand what is the public purpose and the benefits of this plan to the citizens of Los Gatos. All of us are proud of our town for the opposite reasons this plan is intended.
I strongly oppose to the rezoning and removal of the Williamston contracts proposed in this plan. Please reject application CD-20-005.
Note: There is an inaccuracy in the tentative maps accompanying the application, the private driveways on the Jamshidi property are labeled “Top of the Hill Road” and seem to indicate they are public roads whereas they are private.
Note 2: I do not agree or consent to the notion that any potential legal challenge shall be limited to, as a cause of action, solely items bought up at, or prior to the public hearing scheduled on October 14, 2020
Sincerely yours,
Julio Casal [email protected] 408.599.8830 To: Town of Los Gatos Conceptual Development Advisory Committee From: Lauren Boyle 15308 Top of the Hill Road, Los Gatos 95032 Re: 15299 Top of the Hill Road Application CD-20-005. 10/14/20 Advisory Committee Meeting
Dear Advisory Committee Member:
As neighbors to the above property, my husband and I received a notice of your October 14, 2020 meeting and request by Mrs. Jamshidi to change the zoning of the lot and to subdivide the property adding two new homes.
It can be scary driving, cycling, or even walking up or down Top of the Hill Rd. when cars are parked all along the side for use of the Sierra Azul Open Space Preserve. We creep around the zero visibility curve, hoping another vehicle won’t meet us head-on. But we live with that challenge because we chose to live in a rural part of Los Gatos and we value the peace and beauty of our Top of the Hill neighborhood. We love the deer and the multitude of bird sounds, especially the quail and the great horned owls.
I strongly object to rezoning this property from Resource Conservation.
The thought of the construction vehicles needed to build two 6,000’ homes passing up and down Top of the Hill Rd. is cause for me, a non-confrontational person, to feel the absolute need to voice my concern and opposition to the planned development on the Jamshidi property. I am appalled that one of those homes would effectually ruin the view and esthetic feel for our neighbors the Casals and wreak havoc in our little neighborhood for a long time.
I kindly request that this development plan be denied.
Sincerely, Lauren Reeves Boyle
PS I invite anyone on the commitee to come to our house to experience the beauty of the natural surroundings and imagine what negative changes this rezoning would create.
From: Olga Montserrat Sent: Wednesday, October 14, 2020 10:55 AM To: Planning Comment
To: Town of Los Gatos Conceptual Development Advisory Committee From: Olga Montserrat 15289 Top of the Hill Road, Los Gatos 95032 Re: 15299 Top of the Hill Road Application CD-20-005. 10/14/20 Advisory Committee Meeting
Dear Advisory Committee Member:
As neighbors to the above property, my husband and I received a notice of your October 14, 2020 meeting and request by Mrs. Jamshidi proposal to change the zoning of the lot and to subdivide the property adding two new homes.
We have been Los Gatos residents since 2010, and have loved every single day of our lives here. The unique character of our town, preserving the charm of a small town surrounded by beautiful nature despite being so close to the busy Silicon Valley is something that we greatly cherish. In these 10 years living here we have been witness to the effects of increasing population and activity in the area, which have affected everybody’s quality of life.
Last year, we made the family decision to acquire the property located on 15289 Top of the Hill Rd. It was a big change for us, moving from our previous location where my kids were able to walk to schools and to playdates with friends. The trade off for the conveniences our previous home offered was to be able to enjoy the magnificent nature surroundings our town can offer. Being able to walk to Sierra Azul Natural Preserve and its trails, enjoying the views, the privacy and tranquility, the wild life for my kids to see, was the main reason we decided to buy this house we now call home. Also, it reassured us of the natural setting, to know that the property directly in front of us was a RC zone, therefore protected from further development.
Let me point out that since we moved here, and due to the unfortunate pandemic lock down, we have experienced an increase of traffic due to the expanded use of the Sierra Azul trails. This situation has made us worry about the safety issues in the case of an emergency since Top of the Hill Rd is basically a one way road now. The constant parked cars would make it very hard for an emergency vehicle to reach some of our properties. The recent wild fires have made us aware that the possibility of this happening might be very real.
Given all these we strongly opposed the rezoning Mrs. Jamshidi is proposing. We had access to the proposed rezoning plans and were shocked to find out that, given the large open space, these plans place a house right in front of our house. This would be extremely damaging to our quality of life and the rest of the neighborhood and visitors, since it will block the unique views of the Silicon Valley and San Jose, which right now are open for everybody to enjoy. It is very disappointing to find out that we may loose the privacy, views and natural life enjoyment which were the main reasons we decided to move to this house.
Please reject this application.
Sincerely yours,
Olga Montserrat 153289 Top of the Hill Road Los Gatos, CA 95032
From: Cris Huckle Sent: Wednesday, October 14, 2020 10:51 AM To: Planning Comment
Attention: Jennifer Armer
We own the adjacent parcel of land at Top of the Hill Road (APN 537-20-034) which will be adversely affected with the proposed subdivision Samir Sharma is proposing on the Jamshidi trust property located at 15299 Top of the Hill Road in Los Gatos. Has the Department of Conservation been notified? Was the Notice of Non Renewal served? The Cancellation (Williamson Act) will result I believe in “discontiguous” patterns or urban development. We own a proximate non contracted parcel of land which is both available & suitable for the use to which it it proposed the Jamshidi’s land be developed & would provide more contiguous patterns of urban development than development of our proximate non contracted land. Will PGE power need to be upgraded on our property? Is this proposed development going to be a gated community? The 3 lots will create a north to south blockade of the Easterly views to the current property owners to the West. The subdivision maps lends a suburban tract look to the 16 acres even tho development is limited to the top elevations on the westerly side. Views for the new parcels will be to the east but with No concern for existing properties to the west. Will Kennon Water Company need an upgrade? What about overflow parking on holidays & events on adjacent public roads westerly? Parking is already challenged with bicyclists & hikers! The Williamson Act Protection will be lost & this subdivision is out of character for the neighborhood as well as out structures coinciding with the new proposed sub division. Sincerely, Cris & John Huckle