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Attachment 04LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Tom O'Donnell, Chair D. Michael Kane, Vice Chair Mary Badame Kendra Burch Melanie Hanssen Kathryn Janoff Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 ATTACHMENT 4 LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR O'DONNELL: Which moves us to the public hearings. There is only one public hearing this evening, and that is 105 Newell Avenue, and I’d ask for a Staff Report. JENNIFER ARMER: Good evening, Chair, Vice Chair, Commissioners. The project in front of you this evening is the proposal to build four new homes on a site currently occupied by the Elks Lodge on the corner of Newell Avenue and Winchester Boulevard. The project site is a sloped corner lot of approximately 1.4 acres. It has residential on two sides. The proposed Planned Development zone would include several exceptions to the underlying R-1:12 zoning regulations and the applicable Hillside Development Standards and Guidelines. These exceptions include exceeding the maximum allowable floor area for Lots 1 and 4, exceeding the maximum cut and fill depths, and exceeding the maximum straight continuous length of retaining wall. The project first came before you approximately one year ago. The application was continued with direction LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that the Applicant complete the Staff review process. The Applicant has reduced the size of all four of the proposed houses and has provided additional technical detail requested by Staff, however, Staff concerns still remain in the area of neighborhood compatibility, the depth of cuts and fills, and the retaining wall design. Based on these concerns Staff recommends that the Commission forward a recommendation for denial to the Town Council. This concludes the Staff presentation, but I’d be happy to answer any questions. COMMISSIONER O'DONNELL: Are there questions? Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you for your report. We probably went over this at the last hearing, but I just wanted to maybe repeat it for my understanding. This property isn’t technically in the hillsides, but because it has a sloped lot could you comment on to what extent the Hillside Standards apply? Part of the background of my question is not just because of the slope of the lot, but also because our Hillside Guidelines have some guidance for Applicants on how they should architect into a hill. JENNIFER ARMER: Because the average slope of the parcel is greater than a 10% slope the Constraints Analysis and Site Selection section of the Hillside Development LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Standards and Guidelines applies, excluding standards for visibility. The Site Planning section, including grading, drainage, driveways and parking, and geologic safety apply, and site elements for retaining walls. COMMISSIONER HANSSEN: Thank you. COMMISSIONER O'DONNELL: Commissioner Badame. CHAIR BADAME: I just want to clarify for Commissioner Hanssen that the architecture is not subject to the Hillside Design Guidelines, and that the architecture is subject to our Residential Design Guidelines. COMMISSIONER O'DONNELL: Commissioner Burch. COMMISSIONER BURCH: In summary, kind of quickly, I know that in the last meeting we did ask for some more research and studies to be done, and Staff had requested it. Could you quickly give us a little bit of what information was provided to you from the Applicant between then and now? JENNIFER ARMER: Staff did ask for a number of different details. There were some details of the house designs, height, the length of eave overhangs and such that did not meet the standards. I believe those were unintentional omissions or elements that were nonconforming, but because no further changes to the plans LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have been made, those were part of what came forward. So those types of elements were resolved. There also was additional information that was provided about the grading and drainage, site work details clarification. They did bring down the height of the retaining walls so that none of them are greater than the 5’ maximum. There were a number of elements that were resolved. They did reduce the size of all four houses by a bit, but they have also come back with additional justification. They provided a new calculation for the sizes of the houses to try to balance the sizes between the four lots, rather than having a large difference between them. COMMISSIONER BURCH: The last point was another question I was going to make. Have we ever reviewed the slope on a PD in the way that the Applicant has requested? JENNIFER ARMER: I’m not aware of that ever having been done before, no. JOEL PAULSON: It is not. COMMISSIONER BURCH: Thank you. COMMISSIONER O'DONNELL: Are there any other questions? Yes, Commissioner Janoff. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: Question about two concerns that are in your Staff Report. One is that the FAR is exceeded, and also that the minimum cut is exceeded. In your opinion, or if you’ve got actual calculations, if they were able to reduce the FAR to be within Town guidelines, would that also eliminate the concerns about the minimum cuts? JENNIFER ARMER: No, I don’t believe so. The cut and fill depths have more to do with how the houses are set on the site and how much yard is expected by the design, so there are a number of things like that. I think also part of the exceptions for cut and fill actually have to do with providing the roadway slope that is required by the Fire Department. There are different parts of the site that exceed the cut and fill by different amounts, and that is described with some numbers in the Staff Report calling out the differences between those elements. COMMISSIONER O'DONNELL: All right, just for the record, since we’ve already heard this once, I believe when we heard it we all said that we had visited the site, and so I’m going to assume that my memory serves me correctly. Thank you. We have no other questions? All right, if we don’t, then I will call the Applicant. I have two cards for LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Applicant. The Applicant will have ten minutes, then anybody else can speak, and then you’ll have five minutes to summarize. Since I have two cards, are you Maurice? MAURICE CARMARGO: Maurice Carmargo, the architect on the project. COMMISSIONER O'DONNELL: All right, thank you. Please, go ahead. MAURICE CARMARGO: It’s been almost a year since we’ve been here, so definitely been working hard with that, and I want to thank Jennifer for her efforts all these years, and thank you, Commissioners, for sending us back last September to work on this, and we’ve made, I hope… I’ll explain the ones that are the exceptions that we are right now left with. I’m going to go back a little bit and just quickly remind us of where we started with the CDAC meeting where we presented a condominium development as well as a five-lot subdivision to start with. Working with Staff beyond the CDAC we looked at different ways we could develop the four lots on the property that were closest to being zoning size lots and footprints for the homes of the size. We looked at a flag lot, which there was really none in the immediate neighborhood to compare with, it’s not compatible in that LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 way; and looked at putting a conventional cul de sac on the property, which essentially gave us two of the lots being footprints for building a house, very unconventional, and the lot sizes became less than 10,000 square feet. So we went and brought in the concept of doing a PD with the street in the middle of the property and giving us the four parcels with a fire turnaround type of driveway, which in itself, having a private street on this development brought us into having to be a Planned Development. It’s 26’ in width. It gave us three street parking spaces. The lots are all now around 12,000 square feet, and the footprints that we looked at at this point would fit the site to be compatible with the neighborhood as well as the home (inaudible). This is what we’re working with that we’re all familiar with, and this is where we’re proposing to get to, and I’ll explain about the grading and what we had to deal with on the property to get to this point, so where we’re at and where we want to go. The property itself, what we’ve been dealing with primarily is when the subdivision was built and Newell was put in, it created a large bank along Newell. Then apparently in the sixties it was donated to the Elks to enable them to build their project in the remaining lot in LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the subdivision at the time. Their only access, and the access that they built, was at the very far corner that we’re familiar with there. I believe when we expanded Winchester in its width the Town—this is within the Town property—put up the 12’ wall that we’re all familiar with, and to get the grades up above where the parking area is. And like Jennifer mentioned, it’s a 14.4% slope lot from this corner and it slopes all the way to the access corner. And again, we’re surrounded by the back yards of the R-1:12 homes adjacent to it on two sides. The Staff mentioned already some of what we’ve been working on with Staff for the last few months. We’re contending, and I’ll explain further, that we are within the floor area ratio the way we calculate it, and I’ll explain why we calculated it the way we did. We did reduce the home, almost all in different reductions, but we took out about 2,300 square feet in total, not only in living floor area, but also reducing bulk and height throughout the homes as we did it. As mentioned, we stepped the walls further and made sure that none of them exceeded the 5’. We’ve adjusted the lot lines to comply with the R-1:12 zoning of lot sizes. All the setbacks are now met. We had other things that came up that were mentioned at the previous… We had LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 obstructions of the lines of sight coming into Newell, because of that bank that we went through, the existing bank that we have to go through. We lowered the walls and we actually added another step to the walls to accomplish that. We added a continuous sidewalk on the private road, and now we have a continuous sidewalk all along to tie us to Winchester. Even though the subdivision adjacent to us has no sidewalks, we are providing sidewalks for maybe down the road. We met all the maximum heights and all the fence heights, so our concept was to try to comply as much as possible with the R-1:12 standards, and that’s our goal all the way through. Right now we mentioned the reason for the PD primarily is that we need a private road to make these parcels work, and that puts us into the PD zoning request, but along with that, and I’ll explain further in detail, we have the cut and fill that was mentioned in excess of the Hillside Standards, and this is supposed to be 50’. The retaining walls that we have, we can break them to be at 50’. We’re proposing to leave them the way they are in that they are curved walls, they are fully landscaped, and they’re stepped walls, and I don’t think that was the intent of the Hillside Standards to try to avoid walls that LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are more like the wall that we have along Winchester, tall and continuous and straight through. And the two items that we’re calling the contention items that need to be discussed further with and put before you is the FAR calculation, and I’ll explain again how we’re looking at it, and then why we feel that these homes are compatible with what’s going on, not in the immediate homes right next to us, but in the neighborhood as a whole. So starting with the cut and fill, to explain the cut and fill. This is primarily, I think, sort of the tail that wags the dog, or vice-versa, but cutting through a road in the middle of Newell, through that bank that was formed by the original development of Newell, to the site, is an area where we brought it as much as we could to allow us to have the fire turnaround road access required by the Fire Department. This whole entrance is an average excess of cut of 4’ over the maximum allowable, and cut maximum allowable in the hillsides is 4’, fill is 3’, and so this is an area that this is what it took to build it physically. The rest of it is how we are moving as fast as possible into the driveways of the first two homes, and to create this space for this home, it made this area, the cut LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 area… Now, this cut area is only in excess of 2’ over the allowable, by the allowable Hillside Standard of 4’ cut, and again, these two pockets also became a 1’ differential to have all the driveways. This one has the driveway all the way to the back, so created the need for that. And then we have fill areas. This one is an average of 1’ over the allowable, which is… COMMISSIONER O'DONNELL: Your ten minutes are up. If you want to go ahead and summarize within another minute maybe. MAURICE CARMARGO: Yeah. If you want to hear more, I have the explanations… COMMISSIONER O'DONNELL: There will be questions, I’m sure. MAURICE CARMARGO: Very good. COMMISSIONER O'DONNELL: But if you want to sum up for a moment. MAURICE CARMARGO: I’ll leave it that the fill is in the area that we used the lot to mitigate and raise the pad for the initial home and close off the existing driveway on the corner of Winchester and Newell. COMMISSIONER O'DONNELL: All right. MAURICE CARMARGO: Yeah, that will be it. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: There are a number of questions. I’ll start with Commissioner Badame. CHAIR BADAME: You’ve been working on this for quite a while, and it’s been a while since our last meeting, but typically we look for letters from the community to know that you did some outreach and that they support the project. We don’t have any. Can you elaborate on why? MAURICE CARMARGO: Letters from the neighbors and community? CHAIR BADAME: Yes, just to show that you made some community outreach, that they’re aware of the project, and that they agree with the project, or that they have issues with the project. MAURICE CARMARGO: Yes, I think there are a few of the community neighbors here that we have been meeting all along, and they’ve been made aware. CHAIR BADAME: Okay, thank you for that. I’ll have another question later. COMMISSIONER O'DONNELL: Okay. Commissioner Burch. COMMISSIONER BURCH: I have three questions, is that okay? COMMISSIONER O'DONNELL: Go ahead. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: The first one as far as the private street. Can you explain to me who is going to handle the maintenance of the street and sidewalk once these homes are sold? MAURICE CARMARGO: There will be an agreement scenario where they will co-own the street between the four neighbors, and that’s a reason that I’ll need to explain to you how we calculated the floor area ratio for the homes as well, what I’m proposing. COMMISSIONER BURCH: Okay. MAURICE CARMARGO: They will share the private street. COMMISSIONER BURCH: Okay. I’ll get back to Staff on that later. MAURICE CARMARGO: And that will be a legal lease scenario, yeah. COMMISSIONER BURCH: Okay. Has the Fire Department reviewed this private street with the turnarounds, and approved it? MAURICE CARMARGO: Yes. Yes, it was designed originally by them and approved through working with the fire chief since the previous Planning Commission meeting. So we resolved it with them first and primary, and we have LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what I would call an approved Fire Department, meeting their requirements. COMMISSIONER BURCH: My last question was in your presentation here you said that you do not exceed the floor area ratio, but I assume that’s based on your calculations on how you would like to… MAURICE CARMARGO: (Inaudible). COMMISSIONER BURCH: Okay, thank you. COMMISSIONER O'DONNELL: I might say, I think you’ve explained in writing your calculations, so I don’t think the question is our understanding your explanation. I think there are more fundamental issues, so I’m just saying that. Personally, I don’t think I have to go over again what you did. It’s a question of are we going to adopt that. So, Commissioner Badame. CHAIR BADAME: Exhibit 4, the CDAC comments, of which they provided 38 comments providing you with direction on your application, and outside of reducing the lots from five to four, I’m having trouble reconciling how you incorporated their direction. I’ll start with the Town’s housing needs. We need to make a finding that it addresses the Town’s housing needs. So how does this meet our unmet needs? LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAURICE CARMARGO: Well, in a previous Planning Commission hearing we actually developed two of the homes with secondary units and we presented those to you. We got from the hearing and from the Commission that that wasn’t really that big of a requirement or something that you were looking for, so we did not follow through with trying to keep two units within the design of these two extra units, or secondary units, within these homes that we’re presenting today. We just focused primarily on reducing it, and to try to meet the FAR. CHAIR BADAME: I’m sorry, reducing the number of units, or reducing the FAR? MAURICE CARMARGO: Keeping it within the FAR, but trying to incorporate a secondary unit, like an in-law unit within the design, as we proposed at the last Planning Commission meeting and basically presented two options of two other floor plans to add two additional units to address what we thought was a means to add housing to the Town. CHAIR BADAME: Thank you. COMMISSIONER O'DONNELL: Yes, Commissioner Hanssen. COMMISSIONER HANSSEN: I’d like to follow up on Commissioner Badame’s comments. Before we even consider the LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issue of a Planned Development we need to consider whether or not this complies with our Housing Element, which is part of our General Plan as well as our Residential Design Guidelines. I’m going to go back to where Commissioner Badame was going with the comments, and I’m going to read some of them. “Development should meet unmet needs. Additional detached single-family market rate housing units are not an unmet need in the Town of Los Gatos. Senior housing and units for singles and younger adults with fewer bedrooms and reduced total square footage are needed due to demographics. Single-story senior units are desirable. Below market price units are desirable.” When we left the last hearing I thought that the direction that we gave was you were going to look at other complete designs, so can you tell me how this proposal meets our Housing Element? MAURICE CARMARGO: Well, if we go back to the CDAC, what came out of that meeting too is we originally went in to propose 11 condo units on that with underground parking, and by the neighborhood it was totally… I think they were going to lynch the architect when we presented it originally as a kind of crack comment, but yeah, it was put forth and there was at some point talk with one of the LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council people as being something that they would consider, and we thought because the site was a little bit isolated from the neighborhood and facing the club and Courtside, and facing Winchester, and being able to put the cars underneath would be feasible for that housing, but I think the gist of what we got was single-family homes was certainly supported by the neighborhood, and the more likely solution from the Planning Commission and Council from that CDAC meeting. COMMISSIONER HANSSEN: Let me repeat some of this stuff. I don’t think we’re talking about the original proposals you submitted to the CDAC, we’re talking about the proposal you submitted to us, and where you are today. Again, “Senior housing and units for single, younger adults with fewer bedrooms and reduced total square footage are needed due to demographics. Single-story units are desirable.” Did you consider any of those? Because aside from the issue of single-family homes, there are many, many shades of difference between the houses that you proposed, which are well above the size of the neighborhood, and where things could be with additional single-family homes that met the needs of seniors and our millennials. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAURICE CARMARGO: No, we did not. We stayed with the four single-family residences on the R-1:12 zone that we worked to try to comply as much as possible with. COMMISSIONER HANSSEN: Okay. I have an additional question about the Residential Design Guidelines. I assume you’ve read our Residential Design Guidelines, is that correct? MAURICE CARMARGO: Correct. COMMISSIONER HANSSEN: One of the big aspects of our Residential Design Guidelines is neighborhood compatibility, and I know you did address that in your letter, but the facts are that right now, given the neighborhood, the way that we define it in our Residential Design Guidelines and the way our Staff is presenting it, the smallest house that you have is going to be close to 1,000 square feet more than any house in the neighborhood, and so I’d like to understand why this is compatible with the neighborhood. MAURICE CARMARGO: Now, most of these homes were built in the sixties, adjacent to the property. Very few have yet been remodeled, and we pointed out here on this chart homes that are more on the scale of our homes that are in the neighborhood, but there are homes in the neighborhood that are 3,200 square feet, 3,100 square feet, LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4,500, 3,000, et cetera. We’re building four homes all at once, and they’re new, and we are taking them to the floor area ratio allowed, a little below. The closest comparable project that is in the neighborhood that was built a few years back is the La Montagne subdivision, which is one lot away from our proposal. It was all subdivided at once. We have the same situation; it’s both also surrounded by the same size homes. All these homes were built, and they are in the range. A lot of them are larger than our homes, and they’re in the same range as our homes in that regard, all built at once. COMMISSIONER HANSSEN: I’m going to repeat the question. Our Staff does not define the neighborhood as including La Montagne, and additionally the CDAC indicated that large, single-family, detached homes were not a desirable thing for a Planned Development, so again, how does this fit in the neighborhood? Our Staff and all our standards say that La Montagne is not in the neighborhood. You can say this stuff. And then relative to the claim that you made about houses that have yet to be developed, those would have to comply with the neighborhood compatibility as well in addition to the FAR, so why is building houses much larger than their surrounding neighborhood compatible? LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAURICE CARMARGO: So it’s a question of what is the surrounding neighborhood. I attending a Council meeting where the Council spoke a lot about this, and pointed out the sheet that was being used as a surrounding neighborhood being not only the immediate houses, but it’s intended to say yes, the immediate houses surrounding have more effect on what any one develops, or any one lot, or in our case four lots, develops and how it affects the homes right immediately next to this. But a neighborhood is a neighborhood of surrounding houses, and again, I’m pointing out that there are other homes of that scale, there is a same situation that was built where they build new homes all at once. That’s a very good comparable scenario as to what we’re dealing with and doing what we’re doing to develop this in this day and age, to develop a four-parcel subdivision in this remaining parcel adjacent to this subdivision that was built in the sixties. COMMISSIONER O'DONNELL: Let me make a suggestion. When we establish that the Staff said something, or the CDAC said something, and we get a response which is basically I’m going to ignore that, which is what we’re getting, I would suggest we not argue the point. I think you’ve made the point. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I’m done. COMMISSIONER O'DONNELL: Okay, because we could spend a lot of time on things that I don’t think we have a problem with, in other words, we don’t agree with that. So are there other questions or other… I’m not trying to discourage people saying what about this, but I would prefer perhaps if we said you did not comply with this, how do you think you did? Because it’s fairly obvious on your questions, and it’s fairly obvious from his answers, they didn’t comply with it. They came up with a different theory why they should do something, which is what the Staff does not agree with, and what the CDAC did not tell them. So we understand, I think, that they’re trying to tell us that it’s a new and different argument they have. So, with that being said, I hope whatever I said will be helpful. I’m not trying to cut down on the questions. COMMISSIONER HANSSEN: I heard the answer I needed. COMMISSIONER O'DONNELL: All right, thank you. Are there other questions? If there are not, the Applicant has exhausted his time. We have two cards, but I think they’re both for the Applicant, so that will exhaust the Applicant’s time. We’ll now have comments from others, not LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Applicant, and then we’ll come back and you’ll have five more minutes. Thank you. I have received five or six cards here, and I’ll just take them randomly. The first card I have is for William Burns. WILLIAM BURNS: Good evening. Pardon my slowness; I’m having a problem with the knee through an injury, but as you get a little bit older, you might understand that. COMMISSIONER O'DONNELL: I understand it. WILLIAM BURNS: That’s why I stated it. COMMISSIONER O'DONNELL: I forgot to also say not only do we need your name, but if you wouldn’t mind giving us, just for the record, orally, your address. WILLIAM BURNS: William Burns, appearing on behalf of William Burns and Ann Burns at 140 Newell Avenue in Los Gatos. We’ve been living there since 1971, and we’ve had to put up with the ugly Elks Club for that whole period of time, but now we have people coming along representing a very good response to what was there, and it’s something that I think all of us can live with. It’s interesting we’ve had this business about compatibility. I wonder why the Town doesn’t go out and ask the people. It’s a very small town, it’s very easy; just go LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through the neighborhood in about 15 minutes and find out is this going to work? I don’t think you’ve had any complaints, have you, from anybody? COMMISSIONER O'DONNELL: Well, we’ll find out. WILLIAM BURNS: None of these guys are going to complain. COMMISSIONER O'DONNELL: You know that, and I don’t. WILLIAM BURNS: Well, if they do, we’ll throw rocks at them. It’s just my style. COMMISSIONER O'DONNELL: I hope not. WILLIAM BURNS: Well, you haven’t seen me in court recently, I guess. COMMISSIONER O'DONNELL: Is that a blessing? WILLIAM BURNS: It’s always a nice time. Anyway, we had a meeting last night on this. We’ve had meetings in the past. This originally, I think, I don't know, it’s probably been about a year-and-a-half ago this all got going and we had a lot of the people involved, and lo and behold today the wonderful town put slurry all down our road so that it’s impossible to drive on it. A few people I noticed did drive on it. They did that starting at 3:00 o'clock today, and you’re supposed to have four to six hours before you can drive on it, so a lot of people are LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 afraid to go out of their houses. There might have been a lot more people if that hadn’t been done, and I’m wondering why was it done today? Interesting. Is there anybody, say, on the Planning Commission, that’s greatly opposed to this? From what I can see and as far as the plans, I think it’s a great plan, and it fits in very well, and I think as far as compatibility, I think it’s going to be great compatibility. We had La Montagne built there a few years ago, and for some strange reason they didn’t go through a lot of the things that they were supposed to do. They built houses taller than they should have and cut off the view of all the people going up Newell Avenue who now have no… (Timer) Geez, is that quick. COMMISSIONER O'DONNELL: Three more seconds. WILLIAM BURNS: I usually talk a lot longer than that. Sorry. COMMISSIONER O'DONNELL: Not here, you don’t. WILLIAM BURNS: Well, anyway, I’m free to talk to anybody that wants to. I think this is a great plan, and I can’t see that they’ve done anything wrong. You can ask a lot of these small questions, but if there’s a big question, why don’t you ask a big question? I don’t see any. Anyway, thank you very much for your time. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: We’ll see if there are any questions for you. Are there any questions? WILLIAM BURNS: Anytime. COMMISSIONER O'DONNELL: There are not. Thank you very much. WILLIAM BURNS: That’s surprising. COMMISSIONER O'DONNELL: The next card I have is Liat Perlman. LIAT PERLMAN: Hi, for the record I’m Liat Perlman. I live at 183 Newell Avenue, my parents’ estate, as I ready it for rental. My parents and I moved into this house in 1979. The Elks Club has been a problem since then. When I look at my house, something I’d like to address, a question that came up earlier regarding the cut and fill. Last year at this Planning Commission meeting I invited you guys to come and visit my property and possibly measure the cut and fill on my parents’ property. Nobody, in a whole year, took me up on that offer. So in order to put any kind of development on this property, because of the way the rest of the development was built at that time, there are only limited ways to get a street in there to serve the four pieces of property. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You asked a question regarding how does the neighborhood feel about the development? I have never in my life seen a neighborhood so behind a development in Los Gatos in the last 40 years. Last Council meeting there was lots of people here saying approve it as is. I’ve had to wait for an entire year. Let me share with you what are some of the things that have happened this year. We’ve had bottles thrown over the fence. We’ve had vagrants taking up residence on the property. We’ve had most recently a fire on the property, a power outage on the property, et cetera. We’re looking for neighbors. You’re talking about a neighborhood? Newell Avenue is the neighborhood, not the six houses so determined by the Staff. I have always associated myself with the entire neighborhood. So you’re picking six houses based on some random thought of what a planning committee has decided. It’s obvious the entire street was developed at the same time. If you look at the entire street, this fits, end of story. We shouldn’t be sitting here three to four years after this property was purchased. This should have been homes ages ago. You’re not doing your job. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Thank you. Are there any questions? There are no questions? I have the next card, which is for Khalil Fattahi. KHALIL FATTAHI: Good evening, I’m Khalil Fattahi. I’m a neighbor with the Elks Lodge at the corner. My address is 123 Newell Court, and for 21 years I’m their neighbor, and this Elks building there is just a thorn, it’s just a nuisance. It’s been a nightmare, and you guys do not get it, because you’re not living next to it. I get eggs at night over my deck in the back, in the windows; and we have homeless now who go there; we have drug dealers; we have Harley Davidson gangs go there, trade drugs and stuff there, and you guys don’t get it. You want to say we are all by the rules. Let me tell you one thing. About eight or nine years ago there was a sign for sale on a lot, one acre, on Los Gatos Boulevard. And there was a realtor’s number on it. It was laid down on the floor. I called. They said the price is so much; the seller is on the east coast. But I came to the Town Planning Commission and I found out what I can do with that property. I wanted to build a medical office on that property so just it is by the tavern. And then they said there’s no way, you have to have first floor retail. I did not buy that, and it was at half price, because the seller LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was on the east coast and he didn’t know what the heck they had. Two months later a colleague of mine, a podiatrist, tells me, “You know, Khalil, we just bought this property with another doctor.” I said, “But the first floor has to be retail.” He said, “You know, at the same time the mayor of Los Gatos was my patient. I brought that up, said, “We’ll take care of it.” They bought it, they built a medical office, and there is no retail on the first floor. I don’t want to name the doctor, so go by the rules, but pay attention to what the neighbors are saying. Last year, I remember all your faces. All of the neighborhood, 20 people, were here. There is not a single person opposed to having some four homes there. And they are doing their best. This land has a special slope. There is only so much they can do, and they are doing everything they can do. And now all of a sudden Los Gatos is shut down to single families that have three or four children, and you want just for single people to just move in in that lot. Just why don’t you say you have other plans for that? You want to have another parking, and then again we’re going to have drug dealers back there. We want neighbors. We just had a fire ten days ago from the winds. Two wires from the high power went, and there was so much LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dried stuff there, and Toby, my other neighbor who could not come, his house was first going up, and his wife just saw the smoke, 911 didn’t work, and ran to the fire station. They came, and they saved many homes. We want four homes there. We’re fed up. It has taken too long. COMMISSIONER O'DONNELL: Your time is up, but I think we’ve got your message. KHALIL FATTAHI: Thank you. COMMISSIONER O'DONNELL: There is a question? Commissioner Badame has a question. CHAIR BADAME: So I understand the Fire Department was responsive. With the homeless, the vagrancy, and the vandalism that’s going on, have you contacted the Los Gatos-Monte Sereno Police Department for responsiveness? KHALIL FATTAHI: Yes. They come, and then that one goes, another one comes. CHAIR BADAME: I’m sorry: another one comes meaning? KHALIL FATTAHI: Another pickup truck comes there. The homeless guy has a little car. He goes there, and then his friends come overnight, and then we kick them out again, and then they come again. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Thank you. KHALIL FATTAHI: This has become a known place for those who want a shelter for late night activity. CHAIR BADAME: All right, thank you, sir. COMMISSIONER O'DONNELL: Thank you. I have, I think, just one more card; let me check. The last card I have is Dale Miller. DALE MILLER: I’m Dale Miller, 150 Newell Court. I abut Lot 1 in that house in this proposed plan. I’m absolutely for this development, as I’ve been, and there’s not one neighbor I’ve talked to—and when I say neighbor, I walk the neighborhood with my dog on a regular basis; that’s Newell Avenue, any of the courts— that’s not for this development. We all want houses. It’s been a disaster, as you’ve heard, for the Elks Club all these years. I moved in in 1998, and the first 15 years until the Elks were forced out, or sold, or whatever they did, was a disaster. They were terrible neighbors. They never took care of their property, they were always a fire hazard, there were always weeds, nothing ever happened. So this proposal will eliminate a neighborhood eyesore, not only for Lark Avenue, but Winchester entering into Los Gatos. At one of the previous meetings I went to LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we talked about when Netflix was going on, how are you going to make Los Gatos beautiful? Well, take the stupid building down. This original building, my neighbor was Jack Aiello who passed away a couple of years ago, he was the superintendent for Jules Duke, who really did this initial subdivision of houses we’re talking about. These lots were originally zoned R-1 and it was given to the Elks Club, and there was supposedly a waiver given to them to make this a fraternal organization, but it was still kept R-1. We want those lots as houses, R-1, which are quarter acre, which is what the neighborhood is today. To give you an idea of my house on Lot 1, I have the same problem they have with their house. My house is 2,150 square feet, and I have hillside and slope and all kinds of problems. I tried to figure out how I could build my house and expand it, and I kept running into issues with setbacks. That’s as big a house as my lot can take, so my only choice was to go two-story; I decided not to do that. We did some remodeling inside, but the house was a sixties house. You would not believe my master bathroom, it’s basically the size of a small sailboat cabin; it’s very small. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So what I expect when I finally sell my house is they’re going to scrape my house; they’re going to do what these guys are proposing. The 3,800 square foot house that was planned behind my house will be what will be put up, I would guess, as long as you guys approve it. There will be a full cellar, it will be a 2,130 square foot two-story, or whatever you guys allow. So it’s time to get on with this project. It’s been going on for three-and-a-half years. You guys need to come to an agreement, compromise whatever you have to compromise, and let’s get these houses built. This is crazy. This is taking longer than the Netflix, which is many, many times more complex than this project. Thank you. COMMISSIONER O'DONNELL: Any questions? Thank you very much. I have another speaker, Lee Quintana. LEE QUINTANA: Lee Quintana, 5 Palm Avenue. I don’t think there’s any question that this lot is going to be developed with single-family houses, it’s just a question of how many, how big, and what the configuration of the lots are going to be. When I think of a PD, I think a PD is something that you use so that you can be more flexible in how you set our your site that is more responsive to the constraints and the topography of the site, and apparently LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there is quite a bit of slope to it. So when I look at this I’m asking myself shouldn’t the PD be used to provide a better site plan and lot division for this particular site that works for the site with the topography? Shouldn’t the PD be used to allow you to vary the lot sizes to be able to do that, and to vary the house sizes so that they all fit the site rather than just maximizing the number of unit? It seems like this could be developed as a standard subdivision with a public street, but only three houses looking at the way they proposed that particular thing. So I guess my question is if the reason that the PD is being used here is because they can’t get four lots with a public street, but they can get four lots with a private street, because the private street doesn’t have the same criteria that a public street does, is that really the purpose of a PD? Like I said, anything that’s developed here will be single-family. I’m not sure if might be better use if it were multi-family townhouses, maybe not as many as they wanted, but nonetheless, it’s R-1; they’re proposing an R-1 use. I would ask you to consider whether the PD is being used appropriately. COMMISSIONER O'DONNELL: Are there questions? Thank you very much. With that, we conclude all of the LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other speakers, and I now will go back to the Applicant. The Applicant has five minutes. KURT ANDERSON: Mr. Chair, can we have a short break of the hearing? We want to confer a little bit more and we get back to you. COMMISSIONER O'DONNELL: We’ll take a five-minute recess. KURT ANDERSON: That would be great. Thank you so much. (INTERMISSION) MAURICE CARMARGO: …about the street being shared by all four properties. So the way we propose the FAR to be calculated, based on the overall calculation used for the average slope reduction was using the slope reduction for the entire parcel, and then we divided that to the size of each of the lots. What that gave us is the four homes being between 3,200 and the 3,800, so they’re all about the same size and they’ll all be sharing the same cause, and so we’re creating four homes that are about the same size, taking care of the road the same way. The difference between the two methods is 150’. We’re proposing all four homes to be less than either method of calculating it as the square footage of all the four homes, it’s just that each on of those homes now are LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to be the same size, the same scale buyer that are sharing the same road, and that’s our basis for that floor area ratio, the way we calculate it. We really have worked exhaustively on this, and as you heard the neighbors, keeping them abreast of what we’re doing all along the way. We would like to really hear from you one way or the other. I hope you’ve read enough and seen enough of what we’ve done, the 2,300 square feet of reduction and everything else, to get us to yes. Four homes is what we’ve been working on since CDAC, but not ignoring the CDAC, their recommendations, but listening a lot to the neighbors and what everybody wanted on those lots. COMMISSIONER O'DONNELL: Are there questions? Have you completed your remarks? MAURICE CARMARGO: Yes. COMMISSIONER O'DONNELL: All right, then I will close the public comments for this meeting, and I will now ask the Commission to give their thoughts, and ultimately a motion. Commissioner Badame. CHAIR BADAME: I have a question for Staff, but it’s a follow up to Ms. Quintana’s comments, and that would be if this were a two- or three-lot subdivision, can you confirm that that would not require the Planned Development LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Overlay Zone, and that it could be accommodated by a public roadway, as opposed to putting a private road through there to accommodate four units? JENNIFER ARMER: If it was two lots I think you could get the required frontage in terms of lot dimensions, but if it was more than two lots then you’d need to do a flag lot configuration or something like that, which is discouraged by the code. CHAIR BADAME: Thank you, Ms. Armer. COMMISSIONER O'DONNELL: Other questions or comments? I will say something for people to think about. On its face this project does not meet a number of the things that typically we’re told it should meet. Now, we tonight make a recommendation; we don’t make a decision. Ultimately the Town Council will make the decision. I’ve been listening to everybody’s concerns, and I guess we kind of have to figure out… The concerns are with the building, the Elks Club, and I’m totally empathetic with that, and the thought is if homes go in you’re going to have better neighbors and it’s going to be better, and I don’t disagree with that either. The question we have is lawyers say, “hard facts make bad law,” and in this case we have some hard facts, and the biggest fact I’ve heard of is people would like LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 homes there, and they’re focused on homes, they’re focused on how much better their life will be if that Elks Club problem goes away. So we have to decide tonight, I think, to what extent we can do something we don’t normally do and recommend to the Council that they consider that. We may say well it just doesn’t meet enough things, and the Council will consider that. But I guess I’m troubled because this is a very difficult lot, and I hear somebody say even if you put in two lots—which I think is probably not a practical, economic way to do it—it doesn’t work. So I don't know what the solution is, and that’s not our job. It’s not our job to figure out what the solution is, but I am pausing and I’m hopeful that people will talk a little bit tonight about what do we do with tough facts and our interpretation, I think a good interpretation, of the requirements we have? Is there anything we can do with those requirements? For example, we’ve never seen what is being asked for on the way the slope is being taken care of here, average it out is what they’re suggesting. The question was asked I think of Staff have we ever done that before, and I believe the answer was no, so this would be a first decision. Now, we’re not making that decision, we’re making a recommendation. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I only throw that out. I don’t think the people appreciate what we have to deal with, and I don’t blame them; that’s not their problem. But we have to deal with it and we will have to face this issue on other properties. So that being said, that doesn’t mean we can’t think about this hard and possibly come up with something else, or not. So I’m just throwing that out, because I personally feel like we owe it to people to understand where we’re coming from and how we’re getting to wherever we’re going. So that having been said, I’ll ask Commissioner Burch to start. COMMISSIONER BURCH: I agree, I would like to see it move on tonight; it has been a long time. If we’re specifically, and I believe you were, talking about the three exceptions listed on page 2 of our Staff Report, I’m going to skip the first one and I’m going to come back to the floor area. As far as the cut and fill goes, I’m walking distance from this property. I’m by no means a civil engineer, but I’m not sure that we can meet the requirements required by the Fire Department for slope access to this lot without exceeding the cut and fill. So I’m less concerned about that, having been familiar with that lot and also what the code requirements are. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I’m also not as concerned about the retaining walls, because they do step back, so when you do look at it at a plan view level, while it is continuous, it’s actually continuous step backs. So those particular two I wouldn’t have a problem with. What I’m going to have a problem with—and much like what you said, and it’s nobody’s responsibility to understand all the rules and regulations we have to adhere to and where it follows down the line on other applications—is Item 1, and redoing what we’ve been told by the Hillside Guidelines for how we calculate the floor area ratio on a property exceeding the 10% slope. So my only, and if I understand—and Ms. Armer, please correct me if I’m wrong—there are actually only two homes that are exceeding that. If you look at the chart that Ms. Armer put together on page 3, it appears to only be Lot 1 and Lot 4 that are exceeding the maximum floor area ratio that is required by our hillside, so I feel like we’re not that far off actually from not having that. I would not personally want to change how we look the floor area ratio on a hillside when I actually feel like the numbers are very achievable just by looking at square footages here, so that’s where I am on looking at these three points. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Do I understand you to say then that you think something could be done with that one condition, which is now presently being met? COMMISSIONER BURCH: I believe that the square footage of those homes could be brought down into compliance, and therefore we wouldn’t be asking… We could find reasons on the other two. That would be brought into compliance that—I can only speak for myself—I would be comfortable with the PD as it stands. COMMISSIONER O'DONNELL: Normally I would think we would like to know what that means to reduce the size. You could do a calculation. COMMISSIONER BURCH: No, I don’t need to, it’s right here on page 3. COMMISSIONER O'DONNELL: Okay. COMMISSIONER BURCH: Ms. Armer has put together a great chart here that says the requirements. For example, Lot 1, if we are going by the Hillside Guidelines, is that the maximum floor area ratio for Lot 1, the home, is 3,336. They have proposed 3,592. I’m saying bring it to the 3,336, and the same on Lot 4, and then I would not have much of an issue, but I don’t know that I want to start messing with how we calculate the floor area ratio with the slopes, LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because I can—pun intended—see that being a slippery slope that we would get into. COMMISSIONER O'DONNELL: Okay. Other comments? Commissioner Hanssen. COMMISSIONER HANSSEN: I asked a lot of questions earlier, but I did want to say that I do absolutely 100% feel sympathetic to the issue with the Elks Lodge, and I do believe that residential should be going into the property. So then it comes down to the details, and ideally we would have a proposal that fit more with our code, and that way we could easily approve it. So we have these complex issues, which one is just the compliance with code and our plans, and then there’s also the request for the PD. In terms of the request for the PD, the stated purpose of the PD is to provide for alternative uses in developments that are more consistent with the site characteristics to create optimum quantity and use of open space and encourage good design. There are probably some arguments that could be made that if there were less units it might have less need for a PD, but I didn’t hear anything that would eliminate the need for the PD altogether if residential is going to be put in here at any quantity more than two units, which may not be economically LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feasible. So that being the case, it seems like it would be necessary to do the PD. As far as Commissioner Burch’s comments, I agree with her about the cut and fill and the retaining wall. As far as the floor area ratio, I think that although there is a maximum floor area ratio it’s clear in our Residential Design Guidelines and our code that the FAR is not a goal, is a maximum, and so we frequently see development proposals where they go to the maximum FAR, and then it comes down to an issue of neighborhood compatibility. I don’t think it would be completely unreasonable for this to be more compatible in terms of the size of the neighborhood. There could still be four units, but the maximum square footage doesn’t need to be more than 2,500. That would get the additional requirement of doing something and having smaller unit sizes and being more in the range of meeting some of the needs of some of our young professionals, but it would still be a perfectly decent size house. So for me, I would like to see this go forward with much smaller unit sizes more in line with the neighborhood. COMMISSIONER O'DONNELL: Other comments? Vice Chair Kane. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: I think a picture is worth a thousand words. Commissioner Hanssen has referred to the intent of the Planned Development Overlay Zone, and she did it back in September of last year; I watched the whole tape today and feel like I’m getting déjà vu all over again. The PD is supposed to provide alternative uses, as has been said, more consistent with site characteristics so to create optimum quality, use of open space, encourage… I’m going to stop right there. Use of open space. Look at the two projects. Back in September of last year there were comments made about where do the children play, and do they play even without those sidewalks, which we now have? But what we have here is four large units crammed in, and our town asks that we not do that. Our town has the codes, it has the Residential Design Guidelines, and the Hillside Standards, all to protect and preserve while also recognizing the rights of developers to develop; they just have to do it within code. I’m going to go out on a limb and say hypothetically that had that happened three years ago the Elks Lodge wouldn’t be there, so I don’t think we blocked them. We’re trying to, as you said, live by the codes and ordinances that we took an oath to uphold, and we have a project that doesn’t do that. So it’s hard for us to LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support it, even though the Elks Lodge is a great burden on all the neighbors. It didn’t have to be that way. Well, maybe we can find a way to get something done, but what I’m faced with is Staff saying, “The project does not comply with Town Code, the applicable sections of the Hillside Design Guidelines, the Residential Design Guidelines, or the General Plan, and the size of the homes are not compatible with the surrounding area.” These are key principles that we use to protect and preserve the Town. We can‘t just give them away, and had we found a way to comply with these, there would have been something up there three years ago, and maybe a whole bunch more open space. COMMISSIONER O'DONNELL: Let me say something. I think what Commissioner Burch said is persuasive to me, and that is a lot softer, I think. Really, if I understand it correctly—and Commissioner Burch can correct me—you could support a motion that would reduce the size of two lots as suggested, which we have discussed, the two numbered lots. You could support a motion such as that, notwithstanding the other problems. I feel the same way. This property has been looking for a use now for quite a while, and there’s a reason for that; it’s a very difficult piece of property. I LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe that this project, if modified really slightly, could satisfy the developer and could satisfy the neighbors. Now, it has to go before the Council and the Council could say exactly as the Vice Chair just said; everything he said was correct, and therefore I’m perhaps being more lenient, as is perhaps Commissioner Burch, but I think we have a focus now. I think we have two possibilities. There are always more, I suppose, but I see it as two possibilities at the moment. We can say we’d really like to support this, but it has too many things it doesn’t comply with and we’ll let the Town Council figure out how they do that, or we can say Commissioner Burch has a really good idea, and we could really narrow it down and say we could support this to the Council except for these two items, and those are not dramatic reductions in size, so perhaps it’s something that the developer could take, or the developer could argue to the Council no it’s too much, or whatever. But as far as our job, I’m leaning towards trying to move this project along, but I totally understand if people say that’s all well and good, but that’s not our job. So I would invite a motion now, unless somebody wants to make some more comments. Commissioner Badame. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: I would just like to make my comments. No doubt about it, there’s been abuse of the Planned Development Overlay Zone, and it’s a bone of contention within the Town, and amongst us when we make our decisions. I can see the arguments pro and con that the Commissioners have brought forward, but when we talk about a picture is worth a thousand words, what that picture doesn’t tell you is that due to the topography of where this is in the intersection, it’s very massive. Because of its location right there at that T intersection, it’s pretty formidable looking with the size and mass and scale of the four homes. Trying to reduce two of them, that might make sense, but I can’t make a decision and feel comfortable with it without seeing a redesign, and quite frankly, I’m really struggling to see how this meets the intent of the Planned Development Overlay Zone in regard to the open space, as Vice Chair Kane has pointed out, and also setting precedent for future applications. COMMISSIONER O'DONNELL: All right. Any other comments? Please. COMMISSIONER JANOFF: I think we’ve heard really compelling information from the Applicant, and compelling testimony from the neighborhood. We have our rules, we have LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our marching orders, and so we’re kind of between a rock and a hard space and we’re really trying to get to a place where everyone is happy with some expedience. I do agree that we should relax those two bullets, as Commissioner Burch has recommended, and I also agree that the size of the houses are too large. While we can bring down two, that still leaves two that are pretty massive, and as Commissioner Badame mentioned, the aspect of those houses, where they sit on the hillside, looks pretty dense, so it really misses the neighborhood compatibility mark for me in that regard. There’s just a massive building, or it doesn’t read to me any differently from office buildings or condominiums; it’s just really dense. If you were to bring the house size down, perhaps more houses on the lot, I don't know what makes sense in terms of numbers, but the simple square footage is just too much, and when you look at that aspect from the corner, and this is a prominent corner in the town, so we do want to get it right, we do want it much, much improved over what’s there, but I have a sense that it can be brought more visually compatible as well as within the FAR. COMMISSIONER O'DONNELL: Let me again throw this out. I’m listening to this, trying to think what practical LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 kind of recommendation can we make, and what I’m again hearing, I think what Commissioner Burch said is very helpful, but I also think when you talk about the mass and scale of these homes as located, it is pretty darn significant, and it’s true you would have to reduce two of those homes simply to satisfy one of the problems we’re concerned with. But I think Commissioner Janoff is correct that as you drive into town from Lark or wherever, they’re going to be awfully big in your face So we can also consider, because again, we’re not making the decision, we could say we recommend the approval of the project, subject however to one, a reduction in the size of the units to get rid of the bulk and mass—it will give the developer a chance to talk about those numbers with the Council—and two, that to satisfy the other problem identified you have to reduce in any event the size of the two lots that we talked about. Now, if you address the problem that Commissioner Janoff talked about, it may be possible you can just satisfy all of them in any event. So I’m just saying rather than a flat out no or a flat out yes, because we don’t have that ability here, I don’t think, for good reason, I would encourage a motion to make a recommendation to the Council that could help both the citizens, the developer, and the LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council, because ultimately they’re going to have to deal with the bulk and mass, I think. I don’t want to send the developer back to the drawing board. This has been going on far too long, but if I were the developer and I were coming before the Council, I might give some real thought to how I could do that and perhaps discuss that with the Council. I’m just expressing my feelings, I’m not making a motion, but that’s my thought. Now I’m going to ask Vice Chair Kane. VICE CHAIR KANE: I think a motion is imminent, but as I listen I see the micro picture and the neighbors, and I see the macro picture, which is the town and the future. To imply that we’re supporting a project that does not comply with the Town Code, the Hillside Standards, the Residential Design Guidelines, the General Plan, compatibility with the neighborhood, the variable is economic feasibility, and I can’t do that. That’s the only variable. COMMISSIONER O'DONNELL: All right, do we have a motion? Anyone want to hazard a motion? Commissioner Burch. COMMISSIONER BURCH: I’m going to hazard one, because I think I know where we’re going, and it will lead to another discussion. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I’m going to make a motion that we recommend approval, however, I’m going to have some caveats to that approval for Planned Development Application PD-14-002, and Mitigated Negative Declaration ND-16-002 at 105 Newell Avenue, requesting approval of a Planned Development to rezone a property from R-1:12 to R-1:12:PD and allow demolition of an existing building, a four-lot subdivision, and construction of four single-family residences on property zoned R-1:12, but will be R-1:12:PD. Do I need to go through all these findings first? COMMISSIONER O'DONNELL: I would suggest that you said caveat, and I think you mean conditions? COMMISSIONER BURCH: Yeah. My conditions to my putting out an approval rather than a denial would be the following: The overall square footage of the homes needs to be reduced. They’re very large, and it’s a prominent corner. At minimum I would say all units need to meet the FAR as laid out by Staff per the Hillside Percentage Slope Guidelines. On top of that, I would like to see Lot 4, because it’s on the corner, be a single-story property. It’s already almost 27’ tall, and then with the slope you wind up with an over 40’ height on that corner that I LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe is part of what the discussion has been as far as the impact. I know oftentimes we say you want them smaller, how much? That’s why I’m putting the caveat of the FAR. I can’t say a size to that, because I’m not going to redesign it. COMMISSIONER O'DONNELL: You’re conditioning it, right? COMMISSIONER BURCH: Yeah, and so then I’m saying I understand the cut and fill. Anything I think that’s going to go in here is going to have a cut and fill issue. I’m going to be really specific. I’m okay with the retaining walls as shown on the 3-2-17 drawing set, because the previous retaining wall did not have this step-back feature, and now we do. So I want to be very specific to the set of documents that we’re referencing for that approval, because I don’t want to see it suddenly fall back to what it was previously and my name is saying I approved that. COMMISSIONER O'DONNELL: Okay, and then the other things that you’ve sidestepped for the moment, the requirements that we have to make to approve, and those are the normal requirements which are set forth in the Staff Report. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: Yeah, that the project is consistent with… I’m not finding the other requirements. I don't know that I have Exhibit 3 I think is the problem. JOEL PAULSON: Commissioner Burch, I think you can simply reference Exhibit 3 from the September 14, 2016 Staff Report, which contained all the findings. COMMISSIONER BURCH: That’s what I’m doing. COMMISSIONER O'DONNELL: Is there a second? I’ll second it. Is there discussion? Commissioner Janoff. COMMISSIONER JANOFF: A question. When the motion says that at minimum the houses should be within the FAR, that does leave open the opportunity for two of those homes to increase in square footage, and I don’t think that would be our intent. COMMISSIONER O'DONNELL: And I don’t think she meant that. COMMISSIONER BURCH: No, I did not mean that. Thank you very much. It’s not the intention that Lots 2 and 3 now grow to meet the FAR; they would stay as they are. The other two lots would reduce. Thank you. COMMISSIONER O'DONNELL: Let me ask a question on the motion, too. The discussion I’ve heard is the houses in general are too big, and you’ve also pointed out that one particular house, because of the geographical setup, has LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 even more trouble. I think if we simply suggest to the Council that we think the houses are too big. COMMISSIONER BURCH: That’s why I wasn’t giving a number. COMMISSIONER O'DONNELL: We don’t have to have a number. Somebody will have to make the number, but you have also pointed out a particular problem, and we know when we said at a minimum I don’t think we meant at a minimum. The houses are too large. COMMISSIONER BURCH: Yeah. COMMISSIONER O'DONNELL: That’s between the developer and the Council as to what number they would assign to each house, so you’re not approving tonight any specific number, at least under this motion as I understand it, is that correct? COMMISSIONER BURCH: Yes. COMMISSIONER O'DONNELL: Okay. Commissioner Hanssen. COMMISSIONER HANSSEN: My question still remains in terms of being able to support the motion about neighborhood compatibility. When I heard your motion, Commissioner Burch, it’s more about taking steps towards that, but I still feel that we don’t have to have a number in our recommendation to Council, but for me to feel LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comfortable recommending it to Council I’d want to see a pretty substantial size reduction that would be more in keeping with the neighborhood, not to just meet the required numbers of our code, because as I said, FAR is not a goal, and they’re pretty far off the neighborhood by anyone’s definition. I mean La Montagne is not the neighborhood. So I would want to see, and I would hope that Council would consider asking the Applicant to make, a more significant size reduction, like the idea that you suggested about a single-story unit for one of the units. I don’t think that’s unreasonable to ask; they would still be pretty sizable units. So without saying the number, I’d just want to see it be more substantial to bring it in line with neighborhood compatibility is what I’m looking for. COMMISSIONER O'DONNELL: I’ll ask the maker of the motion on this, and I perhaps have understood the motion the way I wanted to understand the motion, but I really think most of us have said they’re too big. I’m trying to stay away from numbers… COMMISSIONER BURCH: Yeah. COMMISSIONER O'DONNELL: …because I don’t think we have to go there, but if everybody feels for example we really ought to get a number or percentages… LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: No. COMMISSIONER O'DONNELL: …or be clearer about that, I’m not fighting that, but I just don’t feel I have enough facts tonight to tell the developer, for example, everything has got to be 2,500 square feet. I don’t think that’s necessary, and I certainly don’t feel comfortable with that. COMMISSIONER BURCH: Can I ask a quick question as far as… COMMISSIONER O'DONNELL: Yes, just one second. Let me just finish my one sentence, which would be that perhaps I’m just trying to pass it along to the Council, but the reason I’m trying to pass it along to the Council is it gives the developer time he doesn’t have tonight, if he’s listening to us, to respond to these very serious issues. Now, that having been said, Commissioner Janoff. COMMISSIONER JANOFF: I understand the reluctance to provide specific numbers, but it seems to me in my limited time on the Planning Commission that that has posed additional problems or complexity when we pass it up to the Town Council, and when we say reduce, and when the Town Council says reduce, and we don’t give specific numbers or some general idea, reducing it by 100 square feet is a reduction, but it isn’t the size of reduction that we’re LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 really talking about, so even though we may be reluctant to provide a specific number, I think a range of numbers would be reasonable and better guidance. Perhaps it’s something like the average house of the immediate neighborhood on Newell, plus or minus a certain number of square feet. I think in fairness to the developer, if there’s going to be any sort of a rework, we should give a better framing of what we mean by reduce. COMMISSIONER O'DONNELL: I don’t argue that, but let me just say one thing. Ultimately the Council will decide, and we can say exactly what you’ve said, and maybe that’s what everybody wants to do, but in the final analysis the Council will say whatever each house should be. I perhaps have more confidence that the Council wouldn’t say we’re going to get 100 feet, because they didn’t tell us. The discussion tonight is it’s too big, and clearly I think the Council… How do you phrase this? The Council understands that 100 square feet is not going to change it; it’s too big. But that’s fine. If somebody wants to ask the maker of the motion to make an amendment to the motion in some specific way, now would be the time to do it. Yes, Commissioner Hanssen. COMMISSIONER HANSSEN: What I was asking Commissioner Burch was if she would be willing to consider LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 adding on something to the effect of to bring the houses more in line with the neighborhood as defined in the Staff Report. COMMISSIONER BURCH: Yeah, that was exactly what I was raising my hand for, saying what if I put in wording that said that? COMMISSIONER O'DONNELL: And as the seconder I would accept that too. Vice Chair Kane. VICE CHAIR KANE: Staff or someone has provided us with many, many houses and sizes. COMMISSIONER O'DONNELL: But that’s not what they define as the neighborhood. VICE CHAIR KANE: No, but the neighborhood is part of this, so if we want to give advice to Council, the houses on Newell, for example, would be a good comparison. COMMISSIONER O'DONNELL: No, they give us the comparison. They tell us what houses we’re comparing it to. We don’t need a long list. VICE CHAIR KANE: Right. I’m just building towards the Residential Design Guidelines, which has prohibitive language on the largest house in the neighborhood, and this would be largest one, two, three, four, so what’s what we want to come down to is the neighborhood as the Commissioner said. LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: The neighborhood as defined. VICE CHAIR KANE: As defined, yeah. COMMISSIONER BURCH: Yeah, (inaudible). COMMISSIONER O'DONNELL: Okay, that’s fine. Are there other questions, comments, or requests for an amendment? Commissioner Badame. CHAIR BADAME: I’m still having trouble with the motion. There are so many gray areas for me to feel comfortable with. I mean I’d like to see the project reduced and know what I’m dealing with. It’s kind of we’re sending something on that we don’t really know what it’s going to look like. You can reduce square footage, but you can still have a design that still looks bulky and massive in that intersection. COMMISSIONER O'DONNELL: That’s fine, and I would vote no if I were you. Okay, anybody else have… I mean right, we’re not going to… That’s not the motion. CHAIR BADAME: All right, cut to the chase. COMMISSIONER O'DONNELL: That’s not the motion. Are there other comments or questions? Vice Chair Kane. VICE CHAIR KANE: We have the alternative to continue the matter to a certain date. This isn’t an up or down vote, it’s only a recommendation, but alternatively LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Commission seems to have the ability to take another look at it if that were prudent and worthwhile. I think that’s what Commissioner Badame is saying, let’s know what we’re sending upstairs. COMMISSIONER O'DONNELL: That’s two. COMMISSIONER BURCH: (Inaudible). COMMISSIONER O'DONNELL: I’ll just call the question and we’ll see where we are. COMMISSIONER BURCH: Okay. COMMISSIONER O'DONNELL: So all those in favor of the motion, say aye. We have four votes in favor, so it will pass. VICE CHAIR KANE: Ask for the contraries. COMMISSIONER O'DONNELL: Are there abstentions? No. So there are two no votes, is that correct? Okay. I’ll ask Mr. Paulson to comment. There’s no appeal because it’s a recommendation, so now it will be set before the Council, is that correct? JOEL PAULSON: That is correct. COMMISSIONER O'DONNELL: So I think we’re finished with this matter, is that correct? JOEL PAULSON: That’s correct. I’ll just for the record state that the motion to forward the recommendation LOS GATOS PLANNING COMMISSION 8/9/2017 Item #2, 105 Newell Avenue 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the Council with modifications was approved 4-2 with Vice Chair Kane and Commissioner Badame opposed. COMMISSIONER O'DONNELL: Yes, Commissioner Burch. COMMISSIONER BURCH: Just to confirm, obviously even though we did that there was a lot of extremely good input from anyone that didn’t even agree with the motion. All of that will be in transcript given to Council, so those that didn’t support the motion, all of their concerns will be equally addressed in that meeting, correct? JOEL PAULSON: The Council will receive verbatim minutes of the hearing this evening. COMMISSIONER BURCH: Good. COMMISSIONER O'DONNELL: Okay, that being the case, the matter is closed. This Page Intentionally Left Blank