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Attachment 7 - May 25, 2016 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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: D. Michael Kane, Vice Chair Kendra Burch Charles Erekson Melanie Hanssen Matthew Hudes Tom O’Donnell Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 ATTACHMENT 7 LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 BADAME: I will be recusing myself from Item 3 due to the project site being located within 50’ of my residence. Vice Chair Kane will be presiding over the remainder of the public hearing. Good night to all. VICE CHAIR KANE: This item is 341 Bella Vista Avenue. It is continued from April 13, 2016. It’s Architecture and Site Application S-12-103. It is also a request for a Mitigated Negative Declaration on properties APN 529-23-015 and 529-23-016. Can we have a show of hands from the Commissioners who have visited the site? Any disclosures on those visits? Seeing none. Ms. Moseley, will you be presenting the Staff Report this evening? MARNI MOSELEY: I am. Good evening, Commissioners. As Vice Chair Kane mentioned, this public hearing is a continuation from the discussion that occurred on April 13th earlier this year. The Commission took public comments and continued the public hearing to allow the Applicant and Staff to coordinate the attendance of the professionals in regard to the project to attend this LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 evening to address any technical questions or concerns that the Commission had in regard to the project. Additionally, at the April 13th meeting the Commission requested that the neighbors meet with the Applicant to discuss their concerns and any potential solutions prior to the continuance meeting date. Staff proceeded to facilitate that meeting after the close of the public hearing on the 13th and was told by the neighbors that they would provide me with a group contact to facilitate that meeting. I did encourage the neighbors to at least provide a name and address of those who were willing to participate so that I could ensure that everybody that wanted to participate was included in that meeting. No one did provide that contact information as agreeing to participate in that meeting. The primary discussion points by the neighbors and the Commission from the April 13th meeting were in regard to slope stability, construction access and management, tree removals, privacy and massing from the rear, as well as the incorporation of a cellar and the overall size of the residence. Staff would like to clarify a couple of things that based on neighbors’ comments within the packet there is still some confusion on. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 The Hillside Development Standards and Guidelines prohibit three-story elevations. They do not prohibit residences that incorporate three stories, so a cellar, for example, would be considered a story, but it’s not necessarily an exposed elevation. Most of the examples in the Hillside Development Standards and Guidelines actually show three stories, but they’re stepped and staggered. Similarly you have a two-story elevation at the rear of this proposed residence, and then the garage is offset at a different elevation plane, and so you wouldn’t have a two- story elevation at any point on this residence. Per the Town Cellar Policy, the proposed cellar as shown on sheet A-2.3 of the proposed plans is considered a cellar, no matter what the use of the space is or how it’s conditioned. Additionally, there is still some confusion on the height and how that’s measured. This site is not visible from any established viewing platforms, nor does it project above an established ridgeline. As such, the maximum permitted height is 25’ at any given point, with a stepped maximum height of 35’, not the reduction of 18’ and 28’, as some are referencing. The Applicant has additionally provided some revisions to the proposed plans for the Commission to LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 consider tonight based on the discussion that occurred on April 13th. The information provided on these revisions is fairly limited, so if you have any follow up questions I would suggest that you direct those to the Applicant and his team this evening. It is Staff’s analysis that the proposed project conforms to the requirements of the Hillside Development Standards and Guidelines and has provided solutions to development on a very difficult site. The Applicant has taken the direction of the Town Council from the previous applications and incorporated them into the provided plans before you tonight for consideration. Staff recommends the Commission adopt the Mitigated Negative Declaration and approve the application subject to the attached conditions. If the Commission wishes to incorporate some or all of the proposed modifications, that should be reflected in your motion this evening. This completes Staff’s report. We are here if you have any questions. As well, I just would like to clarify, as mentioned in the Staff Report we do have the Town’s consulting environmental professional; and the Town’s consulting arborist, Deborah Ellis, here this evening; as well as the professional from AMEC Geotechnical, which is LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 the Town’s geologic consulting firm; the Applicant’s civil engineer; and the Applicant’s geotechnical engineer. VICE CHAIR KANE: Thank you, Ms. Moseley. Before I seek questions, let me add that I left out in identifying the case that this is also Subdivision Application M-12- 008. Thank you. Questions for Staff? Commissioner Hanssen. COMMISSIONER HANSSEN: I was wondering if you could comment, with the reduction in square footage, what the new floor area ratio was? And I had a follow up question on that. MARNI MOSELEY: I can calculate that based on the numbers that they have given me. I do not have any floor plans to confirm that number, or you can address that question to the Applicant when they come up. COMMISSIONER HANSSEN: And a follow up question I had on the previous discussion, a lot of the comments from the residents have talked about the size and bulk and mass, so my question was about the previous comparison to the neighborhood. Obviously reducing the square footage is going to help, but what I wondered was the previous calculation of FAR in the last Staff Report was based on a 10,000 square foot lot, and in the Hillside Design Guidelines it says that if the lot is sloped more than 30% LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 that it must be reduced by 60% and then you apply a maximum based on the size of their lot, maximum of 34.5, which would be their FAR. What I wondered was why we use the more traditional numbers with the lot as if it were similar to the lots in Bella Vista compared to that? MARNI MOSELEY: Staff’s take on that has always been because we don’t have the average slopes of the other lots to do that calculation for, we provide the gross lot area for each of those adjacent lots and the subject living floor area that is available within Town records. We do use that slope reduction to calculate what the maximum permitted on the subject site would be, but it’s hard to provide an accurate comparison when we don’t have average slopes for those other sites to do that reduction with. COMMISSIONER HANSSEN: Even with their reduction in square footage the maximum floor area for this property, if I did the math right, was 1,400 square feet, and even with the reduction they’re just barely under that. MARNI MOSELEY: Correct, they are just barely under the maximum permitted for that site with a slope reduction. COMMISSIONER HANSSEN: All right, good. Thank you. VICE CHAIR KANE: Commissioner Hudes. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 COMMISSIONER HUDES: Thank you. At the last hearing Commissioner Hanssen I think very appropriately suggested that the Applicant and the speakers have a meeting, and I think there was sort of a lack of communications leading up to the previous hearing. What role did you or other Staff play in facilitating such a meeting? Did it occur? When did it occur? How was it attended, et cetera? MARNI MOSELEY: Staff did attempt to pursue and help facilitate that meeting with the neighbors after the last hearing. I went out and spoke with the neighbors that gathered around the table, and I provided a sign-up sheet and requested them verbally several times to sign up on that sheet and at least provide me with some reference as far as who wanted to participate, so that I could continue to reach out and facilitate that meeting. I understood that their feedback was that they wanted to provide a group Gmail email for me to work through that everybody within that residential ground would have access to, and I was never provided with that. But I did encourage them after that statement that I still would like them to provide me with their names and at least their physical address so that I could understand who I was trying to connect with after that meeting, and I was not provided with any. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 But the Applicant has continued to do that outreach, and that outreach is discussed within the attachments that he provided. VICE CHAIR KANE: Any other questions for Staff? All right, seeing none, I’ll open the public testimony portion of the public hearing and allow the Applicant and his or her team ten minutes to address the Commission. Mr. Hechtman, will you be representing the Applicant? BART HECHTMAN: I will, and thank you, Vice Chair Kane. I will say good evening, I’m Bart Hechtman of Matteoni O’Laughlin & Hechtman representing Dan and Deborah Ross. Three-quarters of the Ross family is here to my left. At the conclusion of the hearing on April 13th the Commission gave some guidance on additional information that you thought would be helpful in your deliberation of the Ross’s application, and at that hearing we made a presentation about the project and answered questions about it. That’s all part of the record. Tonight I’m going to focus my remarks on the additional information you’ve requested at the hearing, much of which is addressed in the Ross’s May 17th letter and its attachments in your Staff packet. In 2011 the Planning Commission requested significant reduction in square footage from the 4,521 LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 square feet of the two homes then proposed. At the last hearing Commissioner Hudes asked for a comparison of the bulk and mass between the prior and current proposals. The Rosses have had the calculations done with the following results. Forty-two percent reduction in square footage of the home, or 1,883 square feet, compared to the previous two-home application; forty percent reduction in lineal feet of rear elevation from 116 feet to 69 lineal feet; forty-six percent reduction in rear elevation wall mass square footage from 2,941 to 1,558. Now, these reductions are before consideration of the new revisions to the plans that further reduce height, bulk, mass, and square footage of the home, which I’ll discuss a bit later. At the last hearing a number of the neighbors complained that the new house was larger than either of the two prior houses, so they claimed that the Rosses were actually increasing the square footage. I believe that’s a false comparison. If we’re talking about a home that’s smaller than either of the homes previously proposed, then we’re back to two houses on two legal and buildable lots. We think that the direction from the Planning Commission and the Council in 2011 was clear, that they were looking for an overall reduction in square footage, not elimination LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 of one house and reduction of the square footage of the other. Moving to topographical survey, at the last hearing one of the neighbors questioned the accuracy of the topographic survey. We’ve included, and it’s in your packet, a letter from TS Civil explaining how the contours were obtained from onsite field work and confirming that the survey is actually more accurate than the Town’s GIS mapping. Terry Szewczyk from TS Civil is here to answer any questions that you have about the topo survey. Turning to geotechnical, the site is buildable from a geotechnical perspective. We have the Town’s independent geotechnical consultant and expert review of 12 previous geotechnical studies prepared for the property between 1997 and 2014 that say so. Here’s the conclusion from the Town’s consultant, again, confirming suitability. Now, the Ross’s geotechnical consultant concluded that the house would improve the stability of the property in their April 13th letter, which was provided at the April 13th hearing, but of course you didn’t have time to really study it at that hearing since it was presented during the course of the hearing, so that same letter is included as an attachment to the Ross’s May 17th letter. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 Commissioner Hudes at the last hearing had some specific questions about geotechnical issues. As best as I could write them down they were: Will the house improve slope stability? What aspects of the house design will improve slope stability? Will there be piers and retaining walls? Will this house have any effect on the retaining wall of the downhill neighbor who spoke at the last hearing? These questions are partially answered in the April 13th letter, and a representative of Upp is here to further answer those questions and any others that you have on that issue. While we’re on the geotechnical issue I wanted to stop for just a moment and remind the Commission that its decision must be based on substantial evidence. The geotechnical reports are substantial evidence of the geotechnical condition of the property. Geotechnical fears of neighbors who are not qualified experts, no matter how heartfelt, are not evidence that you can rely on in reaching a decision. Let’s talk about construction management; that was an issue. The mandatory Town construction management plan will be implemented. Those are the same requirements that apply throughout the Town. The Rosses currently live on Villa Avenue backing to Oak Hill, and they’ve watched LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 the construction of the home at 52 Oak Hill and the construction of many others within the last few years. I’m about to show you some slides of houses that have been constructed or are being constructed under conditions similar to the Rosses, on hillsides, narrow streets, and close proximity to other homes. In the case of the Villa/Jackson house, this home is immediately adjacent to the Ross’s current home and 6’ off the common property line. These projects all address construction management and logistics pursuant to a requirement imposed by the Town. That same requirement is a Condition of Approval for the Ross’s application. Terry Szewczyk and your staff can answer additional questions you have about construction management, including the issue of rerouting traffic that Commissioner Burch asked at the last hearing. Commissioner Burch also asked a question about the geotechnical effects of the construction equipment, and the Upp representative can answer those questions; but additionally, we wanted to confirm regarding the excavation of the piers for the driveway that the Rosses will be utilizing drill equipment, which is commonly used in Los Gatos. Now, there will be no pile driving. The drill, pictured here, is mounted on a truck or mini-excavator, a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 little larger in size than an SUV or box truck. The pier excavation and placement of rebar for concrete is anticipated to take one day or less, with concrete poured in approximately one day or less as well. We talked about trees at the last meeting. The proposal conforms to all Town tree requirements. Commissioner Burch asked about the three trees that will be removed, and I understand that the Town’s consulting arborist is here to answer questions about those trees. I did want to mention that Mr. Thompson, whose tree report was submitted by one of the neighbors, is not an arborist, as that neighbor acknowledges, and the health of those two trees, which is the subject of this report, is not the issue here. The issue is that those trees are in the way of the best location for the house and the Town Code allows such trees to be removed. We discussed privacy measures at length in the last hearing and our letter. This slide, which I think we showed last time, references the privacy measures the Rosses have taken for the house. Regarding neighborhood outreach, at the last meeting we described the Ross’s prior efforts to meet with the neighbors, and again offered to meet with the neighbors in a group or a town hall, with Staff or individually, to LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 review their plans and discuss concerns. Ms. Moseley has described Staff’s unsuccessful effort to set up a meeting. In addition, Mr. Ross hand delivered letters to the neighbors on April 27th extending the same invitation, and sent a follow up letter by mail to each of the neighbors on May 7th, again offering to get together. One neighbor on Bella Vista called him to ask about the power lines, and one on Maggi Court met with Dan to review the plans and the potential revisions to them, which was appreciated. At the last hearing Vice Chair Kane suggested that the Rosses look at design changes to make the home “smaller, less imposing, less intimidating, and less impactful on privacy.” Since that hearing the Rosses reviewed the rear elevation and found a way to lower the north corner from 22.5’ to 15.5’ from top of roof to grade. They also eliminated the 6’ cantilevered overhang, reducing the main level square footage by 172’ to 1,106 from 1,278. It also increases the rear setback on the north corner from 23’ to 29’, and eliminates an additional 120 square feet of wall mass from the rear of the home. Incidentally, that gives us the 50% in rear elevation of wall mass reduction described in that earlier slide. The north wall of the house, which is the dining room area is reduced from 20’ to 14’. This reduces height, mass, scale, and home square LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 footage relating to the Maggi Court neighbors. The garage has been moved, and they’ve widened the driveway to allow for more room for backing out; a mitigation measure requires that sight lines be maintained. The remaining slides you’ve seen before regarding compatibility with the neighborhood and regarding compliance with all Town requirements. We appreciate your consideration and ask that you concur with Staff’s recommendation for approval, adopt the Mitigated Negative Declaration, and approve the Ross’s home. I’m available to answer questions, as are the Rosses and their consultants. Thank you very much. VICE CHAIR KANE: Thank you for your presentation. We’ve received a lot of excellent letters, well thought out assistance to us in trying to make a decision, and certainly one of them is the report from Dan and Deborah Ross; it’s a good job and it’s much appreciated. Questions for the speaker? Commissioner Hudes. COMMISSIONER HUDES: I’d like to get a little bit more detail on what happened since April 13th in terms of the design of the house. I’m looking at A-1.4, and they’re not labeled, so I just want to make sure for the record we know which one is which. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 BART HECHTMAN: Thank you. I was moving a little too quickly to try to stay within the timeframe, so I pulled up A-1.4 again. The two homes on the bottom, those are the homes from the prior proposal in 2011. The home on the top is the proposal that was discussed at the April 13th meeting. If you eyes are much better than mine, you can see that the square footage in that little white box says 1,558. In the middle of the diagram, this is the new modified proposal, and the change is as you’re looking at it on the left end, that’s really where you’re seeing primarily where this, again, left edge, you can see it has a lower profile. If you look at it in relation to the garage roof you can see in that middle picture quite a gap, whereas if you raise up… Now, the roof angle has been reduced of the garage angle, so that is also contributing to it. But that’s the area of change, and you can see in the upper picture what we talked about, the 6’ cantilever, which you can see sort of a shaded area underneath the house, which is now absent in the middle picture. COMMISSIONER HUDES: If I could ask a follow up. What about the floor plans; how have they changed to correspond to the square footage reduction? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 BART HECHTMAN: I’d mentioned earlier I think it was a 172 square foot reduction. That basically came off of the dining room and kitchen areas. Does that answer your question? COMMISSIONER HUDES: Yes, it does. Thank you. VICE CHAIR KANE: Are we good, Commissioner Hudes? COMMISSIONER HUDES: Yeah, I have questions about geotechnical as well, so I don't know if we’re going to do those now. VICE CHAIR KANE: Yeah, we’re going to do those now. I have a question. If it’s already been answered, I’m sorry. At the last hearing Commissioner Hudes asked the question what was the square feet exposure of the house to the houses below? There was some confusion as to the height and width and we were promised we’d get that number back. I don’t think we’ve received that number yet. BART HECHTMAN: We did, but I went through it again probably a little too quickly, so let me come back to it. At the bottom of our slide the two houses, the rear elevation wall mass, which is the starting point for the comparison, was 2,941, and that number you actually see in the middle of A-1.4. It’s the product of these two, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 which have a box in them that gives you that square footage. The reduction, using the plan that you looked at April 13th, is 46%, because the new wall plane is 1,558. Now, those figures of course assume that this property is totally denuded of trees so that you would be exposed to unprotected views, which of course is not the case. We didn’t feel that there was a truly accurate way of calculating exactly how much of the tree coverage would be there, so we’re giving you if there were no trees. VICE CHAIR KANE: Commissioner Hudes asked for the information for comparative purposes, and I really wasn’t. I wanted to know, because I thought it was a good question on its face, what is the size of that exposure? And as proposed at that time, it’s represented in the top picture. BART HECHTMAN: Correct. VICE CHAIR KANE: And you’re suggesting the possible revision is the second picture. I want to put this in the form of a question, as always. We’ve done some discussions and comparisons to a previous application that I think was denied. It wasn’t sent back for further work, it wasn’t remanded to the Planning Commission, and the argumentative aspect of comparing the current house to two houses that, maybe LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 argumentatively in my mind, don’t exist. I’m not sure the point of that. If the land is not merged, we’re looking at a potential two units. If it is merged, we’re looking at one unit. But I think they would all stand on their face, not in comparative terms, to imply look, I’ve improved because the one house is smaller than the other two houses combined. I’m just wondering if that makes sense mentally, because the project was denied, and boom, that’s the end of it? Commissioner Hudes, did you have a comment? COMMISSIONER HUDES: I had a question along those lines. VICE CHAIR KANE: Well, unless the Applicant wants to answer to what I said so far. BART HECHTMAN: I’m hesitant to speak to the intent of your Planning Commission and Council back in 2011. I can only speak for my understanding, and that is that there is recognition that there are two legal buildable lots here, and there could be two houses. VICE CHAIR KANE: Yes. BART HECHTMAN: And those two houses are going to have some wall mass to them. My understanding is that the Council and Planning Commission were interested in reducing that overall wall mass, and so here it’s been reduced from LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 2,941 to 1,558, or by another 120 feet, in the new modified plan. So now we’re down below 1,500 feet where if you break that back into two, you’re talking about 750 feet twice across the parcel. VICE CHAIR KANE: Not necessarily. BART HECHTMAN: Okay, not necessarily, because we haven’t designed… The Council and Commission’s charge was not to come back with two smaller homes, it was to come back with one home, and what we have demonstrated here, and I think we have, is that overall the mass that downhill neighbors are looking at is significantly smaller than the prior proposal was, and that a new proposal for two homes on two lots could be. VICE CHAIR KANE: Okay. Now, I’m going to go back to Commissioner Hudes, but before my memory fails me, you’ve made mention of 52 Oak Hill as a comparative argument. This is a hillside house. BART HECHTMAN: Yes. VICE CHAIR KANE: Oak Hill isn’t. BART HECHTMAN: Does that affect construction traffic? Because that’s the only time I refer to that. VICE CHAIR KANE: Oh, okay, because it probably doesn’t affect a number of things, but there are two sets of rules applying. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 BART HECHTMAN: Mr. Ross, who lives next to it, tells me that it is on a slope, but the only reason that we brought that up was to show you, because there were concerns about traffic construction management, and we wanted to demonstrate that that’s a common issue here, whether you’re building on a slope or not, where you have small local streets. This is something that has to be contended with; that was the only point. VICE CHAIR KANE: Okay, thank you. Commissioner Hudes. COMMISSIONER HUDES: When I asked the questions last time I was really looking for some way to quantify the bulk and mass of the proposal, and there was nothing provided, so I was interested in it not so much in comparison to the two homes, but just the absolute size in some way that I could understand the area of that, and I think that’s been provided, and I believe that it’s currently 1,436 square feet of area. BART HECHTMAN: Are we talking about that rear massing? COMMISSIONER HUDES: Yes. BART HECHTMAN: I think that is the figure that’s in the little white box in the middle diagram. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 COMMISSIONER HUDES: That seems to be what’s here. Actually, I attended the hearing in 2011, but I don’t remember it. When Council rejected the application and said reduce the size, did they say how much to reduce? Did they say 10%, 20%, 50%, which is what this is, or more? Did they say 80%, or did they use any terms that you could understand that? Did they say somewhat drastically? Was there any guidance given about how much to reduce that bulk and mass? BART HECHTMAN: I wasn’t present either, but Dan Ross was, and there was no quantification suggested. The term that he remembers is “significantly,” in terms of what reduction of square footage they were looking for. VICE CHAIR KANE: Thank you. Other questions? Commissioner Burch. COMMISSIONER BURCH: I was trying to decide if we want to jump into the geotechnical now, or if we want to do public testimony. How would the Vice Chair prefer us to do that? VICE CHAIR KANE: I’d rather go to public testimony and come back. COMMISSIONER BURCH: That’s fine. VICE CHAIR KANE: What would we like to do? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 COMMISSIONER BURCH: I think we should just go ahead and (inaudible). VICE CHAIR KANE: Let’s have a geotech report now. BART HECHTMAN: We haven’t asked the Upp representative to prepare a report. We wanted him to be here to answer your questions, and including I can leave him the four as I wrote them down for Commissioner Hudes, if you like. Thank you. CHRIS HUNDEMER: Hello, my name is Chris Hundemer; I’m one of the co-owners of C2Earth Geotechnology. I’m a certified engineer and geologist. I’ve been working in the Town of Los Gatos doing consulting for hillside homes since 1999. Our company has been doing it since 1983, and we’ve done over 100 hillside homes in Los Gatos. VICE CHAIR KANE: Excuse me, sir. Did I get a speaker card from you? CHRIS HUNDEMER: Sure. VICE CHAIR KANE: You can fill one out later. I just didn’t know if I had one in the pile or not. CHRIS HUNDEMER: I’ll prepare one for you. VICE CHAIR KANE: Give us one later. Thank you. CHRIS HUNDEMER: I was provided the questions from the last meeting, and if you want, I can go over LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 answers to those, or if you’d like to ask specific questions, I’m open to answer those as well. COMMISSIONER BURCH: Yeah, I would like for you to begin with the questions that we asked during the last meeting, and then I assume the Commissioners will have additional questions for you. CHRIS HUNDEMER: Sure. The first question was how will the house or development improve the overall stability? There are a few factors that will do that. The first factor is that there are going to be retaining walls built as part of the development, and those retaining walls are going to stabilize the surficial soil, colluvium, and a portion of the fill that exists that was placed for the construction of the road above. By supporting that soil we’re taking the pressure off of soil downslope and reducing the instability potential for the soils downslope. Along with that, those retaining walls have a back drain system to them. The back drain has a curtain of gravel with a collection pipe at the bottom, and it effectively acts to dewater the surficial soils at the back of the house, which also helps to dewater the soil down below the house. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 A third portion is the surface drainage. The house will be provided with roofs and gutters, and those are going to be collected and discharged in an appropriate manner, and that reduces the amount of water that will infiltrate into the surface soil, reduces the weight on the soil, and increases the stability on the overall site. One of the questions that came up was what specific aspects? I’ve touched on the retaining walls. All of the reinforced concrete retaining walls, any reinforced concrete foundation or pier, is going to improve the stability. Where we’re displacing soil, we’re displacing alluvial gravel that has an inherent strength to it, and replacing it with a concrete material that is much stronger. We talked about the retaining wall back drains and how they dewater down to a depth of 15’ or so. The back of the house, the lower cellar floor, the drain will be about 15’ below the existing site grade there, and that’s going to help dewater the site. The proposed siting of the cellar in a below grade manner on the downhill level actually works better from a geotechnical perspective. It’s pretty common practice for homes in hillside construction to be fully supported by drill piers and grade beams, and the way this LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 house is designed, and with the shallow colluvium that’s at the site, we’ve designed the house to be mostly supported on a shallow foundation, either spread footings or a mat slab. The only drilled piers will be to support some retaining walls where loads are high, or for the bridge abutment at the entrance to the driveway. One of the questions that came up was will there be piers, and just touching on that I estimate that there is going to be on the order of about ten drilled piers. These piers are pretty common practice for a hillside construction. The prior borings were drilled on the site to depths greater than we anticipate these piers to be and did not encounter difficulty, and that was with smaller portable equipment. I don’t envision that heavy, really large, powerful drill rigs are going to be required to do this. I imagine that the pier drilling is going to be completed within a day. After that, the reinforcing steel gets put in, the Town’s inspector comes out and looks at the steel, and then concrete is poured within a day or two after that. One of the representatives from our firm is usually onsite fulltime while the pier drilling is going on, and we monitor and make sure that the piers are not drilled to excessive depths. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 The last question: Will this house have an effect on the retaining wall downslope? The simple answer to that is no. Kind of a layman look at it would be to analyze a 1:1 slope underground from where the downhill limits of the foundation are. The downhill retaining wall is well removed and well beyond that plane of influence, and they’re two completely separate structures; they’re not going to even see effects from each other. VICE CHAIR KANE: Thank you. Commissioner Burch. COMMISSIONER BURCH: When we discussed the sequencing of the project, the retaining wall that’s below the lowest point of the property, will that be built first so that as you are doing the work above the hill, tree removal, that is accounting for the movement and shifting of the soil below, so it doesn’t affect the retaining wall? CHRIS HUNDEMER: Well, there are a couple of accommodations, and those are usually construction sequencing issues that are dealt with with the contractor. Some contractors like to work from the bottom up, and some like to work from the top down. Along with those lines there are OSHA guidelines for how the excavations and the cut can be performed. For this type of soil the cut is usually vertical for a certain height, about 4’ or 5’, and then there’s an inclination above that where there’s a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 series of stair steps. What we will look at is we usually go out there with the contractor when they’re starting the initial excavation, and at that time if additional measures such as inclining it to a less steep angle, are warranted, we provide that recommendation in the field. COMMISSIONER BURCH: Can I ask just one more question, and I’ll be done? VICE CHAIR KANE: Yes. COMMISSIONER BURCH: The drawing that we have, C- 2, that was previously submitted to us, I believe only showed five piers, which was along the driveway. You said you thought there would be up to ten? Tell me where else in the house you’re proposing to put those. CHRIS HUNDEMER: There are going to be piers for the driveway and the cellar retaining wall will have an active pressure on the back of that wall, and it’s a structural engineering issue. If the pressures are too great and they exceed the capacity of a shallow foundation, additional piers may be warranted underneath the bottom of that wall just to carry some of those loads, but that hasn’t been decided yet. COMMISSIONER BURCH: Okay. All right, thank you. VICE CHAIR KANE: Other questions? Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 COMMISSIONER HANSSEN: Some of the neighbors in their letters to us have written about the patio that’s coming out of the house at the bottom, and there’s a retaining wall that surrounds it. My question is, is that retaining wall necessary for the stability of the slope, or is it there to deal with the patio? CHRIS HUNDEMER: No, that retaining wall is there for the patio. Basically, that wall is most likely going to be designed as a freestanding wall, and it wouldn’t make a difference if there was soil on the outboard edge of that wall or not. That wall is going to be supported on the patio slab, and it’s all integrated and with the loads transferred back underneath the house. COMMISSIONER HANSSEN: So if it turned out that the patio had to go away, that it wouldn’t impact the stability of the slope to not have that retaining wall there? CHRIS HUNDEMER: Well, the way I understand the reason for the patio and for doing that was to recess the level of the cellar to a certain level, and by recessing the level of the cellar we’re getting the foundations and we’re getting the slab elevations to the point where we’re through the non-supportive soil and we’re at the bearing soil. If we don’t do that and we get rid of that, then the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 foundations are likely to be shallower, and that’s going to maybe require additional drilled piers along the downhill side of the house, which we’re trying to avoid. COMMISSIONER HANSSEN: I have one other question. One of the neighbors in the first hearing had provided a letter about a house in San Francisco that had been certified as geotechnically appropriate sliding down the hill, and so I just wondered, in terms of helping people feel comfortable with us, if you could comment on why this wouldn’t happen versus it happening in San Francisco. Maybe the soil is different? CHRIS HUNDEMER: Well, the soils are significantly different. Every site, every lot, has its own site-specific geotechnical study nowadays, and that didn’t happen when a lot of the homes in San Francisco were developed; that’s only happened in the last 20 years or so where we’ve got site-specific borings, laboratory data, slope stability analyses. The State of California began in early 2000 to release maps that show zones of potential landslides that could develop during earthquakes, and as part of those maps, they issue a series of questions, and if you can answer each question favorably, you’ve satisfied the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 analysis; that’s what we’ve done and that’s what’s included in our report for this site. The soils on this site are granular in nature. They’re sand and gravel. They have a high internal angle of friction. They have a high friction capacity against the bottom of footings and slabs. They don’t have excessive pressure on the back of the retaining walls. They don’t want to cause foundations to heave and swell like clay soils will, and they have much more inherent stability than clay soils that you find elsewhere. COMMISSIONER HANSSEN: Okay, thank you. VICE CHAIR KANE: Commissioner Hudes. COMMISSIONER HUDES: Thank you, and thank you for providing the report. I had a great many concerns about this issue. I believe the letter was provided just hours before the hearing last time, and so I appreciate your being here to substantiate the letter and to explain it. My understanding is the first two points that you make on page 2 of the letter relate to the colluvium, which I believe is about the top 3’ of looser material that’s on that hillside. CHRIS HUNDEMER: Correct. Colluvium is basically a soil material that roots have disturbed, organics have grown in, and over time gravity and rainwater washes those LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 soil grains downslope, and they get deposited, and they accumulate thicker and thicker towards the base of the slope. Beneath the house footprint it’s about 3’ to 3.5’ thick. COMMISSIONER HUDES: So your assertion is that the slope will be improved for these reasons. I would be really interested in understanding how much improved. Is it slight? Is it substantial? Is it significant? How would you characterize the stability of the slope after the construction of the house, as compared to the way it is now? CHRIS HUNDEMER: The way it is now, we have a zone that’s 3’ to 3.5’ thick on most of the slope. It’s actually thicker up towards the road, because on top of the colluvium there was fill that was placed to build the road, and that fill is undocumented. Nobody knows if it was compacted, but it likely wasn’t to current engineering standards, and there is a driving force for that fill and that colluvium with gravity when it gets wet and saturated, and with earthquake loads, to want to landslide down the hill. The proposed house eliminates the middle third of the colluvium on the slope in the area of the house, and then the retaining walls support the upper third, so you’re LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 reducing two-thirds of the potential, at least, of shallow landsliding on the site. COMMISSIONER HUDES: So two-thirds is substantial? CHRIS HUNDEMER: It is substantial, yes. COMMISSIONER HUDES: The other questions about this had to do with the way the work would be done, and not causing an issue during the construction itself. I understand that detailed construction project plans haven’t been done yet, but if you could talk a little bit about how that would work so that actually putting in this foundation doesn’t cause a landslide on that hillside. CHRIS HUNDEMER: Sure. There are two elements to the foundation. The first is the drilled piers that are for the driveway, or piers if they’re needed for the retaining wall. These are standard auger gas piles, so it’s not a pre-made concrete pile that gets hammered into the soil like you see in Santa Clara and in the flats where the Baymont is. There is not any hammering; there are not any loud vibrations on the slope. It’s drilling, usually 16” to 18” diameter, sometimes 2’ diameter, holes with a very small zone of influence outside of that area of drilling where any vibration is felt. Once they’re drilled, the soil LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 is off-hauled from the site, and then the reinforcing steel is put in and they are filled with concrete. Borings were drilled in 2007. Those borings were drilled to a depth of over 20’, and based on their findings there is no groundwater that was encountered, so we don’t have to deal with any risks of the pier holes caving because of shallow groundwater. They were actually drilled in February, which is the wet time of year. The fact that small portable sampling equipment could drill down to 20’, I have full confidence that a standard pier drilling small excavator like was shown could drill to the depths needed for the foundations. The second, for the shallow footings, there are excavations that happen for the uphill walls of the building, and then the wall for the cellar, and those are set back enough that typically there will be a vertical, and then a stair step, and then a vertical; or a vertical and incline, and then a vertical. As long as everything meets the OSHA standard, I don’t see a problem with it. Now, what we do is when we’re onsite and we monitor the construction is we initially watch the excavation, and usually the least stable portion of the excavation is the 3’ of colluvium when you cut through that, and so that’s what gets inclined to a 1:1 angle or LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 even flatter so that it’s less of a risk of debris being deposited in the construction site. COMMISSIONER HUDES: One more question, if I may, on the construction process. CHRIS HUNDEMER: Sure. COMMISSIONER HUDES: There are trees there now; some trees will be removed. My understanding is that to some degree the trees are holding back or stabilizing that. They’re going to get pulled out. Is that going to cause an issue when they get pulled out? And most importantly to me, what is their ability to hold back a slide on that hill compared to the foundation, in your opinion? CHRIS HUNDEMER: Well, it depends on the type of tree, and I’m not an arborist that knows all the root structures, but roots will inherently help hold the colluvium and soil in place, but as the tree gets larger and the wind puts an effect on the tree and actually wants to tip the tree over, it can have an adverse effect and it can actually cause the roots to want to uplift out of the ground. So there becomes a point where trees inherently hurt the stability of a slope. If the proposed trees that are being removed are within the area of grading or the house footprint, and they’re going to be excavated along with all the other soil LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 for the foundation, there’s no change in what the global stability is. If trees are being removed outside of the footprint of the house, the only risk is during the short interim that the tree stump is ground, if there’s a void there we would want to cover or protect that void from any rainfall getting in until it’s backfilled, and it would be backfilled with engineered fill that we would test the compaction of. VICE CHAIR KANE: Other questions for the speaker? You’ve received some good questions from the Commission, and I don’t have any good questions. I walked the property again this morning specific for some of the driveway concerns, and took two steps on the hill and decided I didn’t want to die. We’ve done a lot of hillside houses, and we haven’t done any that go up to I think as high as 70%, coming down to an average of 53%. I think the normal people in the audience, like I’m normal; I don't know geotech. Have you done 70% slope houses before? CHRIS HUNDEMER: Yeah, we’ve actually done houses that are against the sea cliff over in Aptos, in La Selva Beach, right against the toe of the bluff where it’s steeper than 100%. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 VICE CHAIR KANE: Is that where the bluff is coming down? CHRIS HUNDEMER: Yeah. So there are engineering solutions to deal with a slope. Most of the oversteepened portion of the slope is like you said, right near the road, right near the driveway, and it’s all related to the fill. When the road was built, material was excavated from the uphill side and the road grader pushed it off the downhill side and it reached an angle of repose where it’s going to reach, and that’s the oversteepened part now that you’re left with. Modern fill is not built that way. Modern fill is engineer compacted, and it has a certain gradient to about 50%, 2:1 slope. VICE CHAIR KANE: The attorney wisely said that you’ve got to go with the science, and not with the emotions. I will try to do that, but that is one steep slope. It doesn’t even have an LRDA. When we put houses in the hillside we ask the owners to take their property and identify the areas where maybe a house could be built. There isn’t one here. You’re aware of that? CHRIS HUNDEMER: But part of my work on this, and my philosophy, is the entire site is technically buildable if you design the foundation right. If you do the right LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 kind of engineering and the right kind of geotechnical solution, you can build houses against vertical cliffs, you can build houses on steep slopes, you can build houses on bay mud, in Foster City on fill. There are geotechnical solutions for every type of problem; it’s just a matter of whether it’s cost effective. VICE CHAIR KANE: All right, thank you. Any other questions? Thank you very much. I’ve enquired whether or not we would have the Town geotechnical consultant come up now if you had any questions for him or her. No questions. Pardon me? Not at the moment. All right. Then I will see if there are any further questions for the Applicant, or move on to the public hearing portion. All right, seeing none, Robert DiNapoli. Mr. DiNapoli, you will have three minutes, and please adjust the mike when you get up there, and give us your name and address, please. ROBERT DiNAPOLI: Good evening, my name is Rob DiNapoli and my address is 322 Bella Vista. I am essentially across the street and one house down from the proposed development. I’m here to speak against approving the development of the house. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 In the 19 years that my wife and I have been at that location we have never seen an issue bring our neighborhood so closely together, both Maggi Court and Bella Vista, and I think it’s for a good reason. This is a significant issue. Everybody in the neighborhood has various reasons to objecting, but for the most part it’s going to change the safety, the appeal, and really the neighborhood itself. In our case, we have a situation in which we have tried to reduce the speed and the people racing through the neighborhood. It happens both in the morning with the high school traffic, and it happens in the evening when there are extra curricular activities going on; it happens Friday nights with the football games; and in the early evening with the use of the pool and the tennis courts and all those good things down there. The neighborhood people are speeding down that road. It runs parallel to Los Gatos Boulevard and Main Street and people use it because there is so much traffic now on Los Gatos Boulevard. The neighborhood, a year-and-a- half ago, put some speed bumps there. Really, in that section the proposed house is going in, it sort of starts to straighten out and the kids just speed along there, and others that are using that road. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 At the same time, that neighborhood, maybe because of its beauty and because of the oak trees that line the downhill slope of the neighborhood, it’s become a huge walking and biking path. People are just using a lot of it, so they come around and use it, and people are speeding by. Now, the Rosses have done a good job of lowering the house, maybe for visual effects, but at the same time it’s dropped the garage and the steepness of that driveway as it comes into and meets Bella Vista. The current concern really is the driveway and the cars that are going to be parking along that will hide or block the existing cars there. We live across the street. We hear a lot of noise, screeching, people really driving fast there. I think the addition of one extra home and that driveway, the sloped driveway, is going to cause increased risk along that road. So that’s what I’m here to say, to object to the development of that piece of property. VICE CHAIR KANE: Thank you. Any questions for the speaker? Commissioner Erekson. COMMISSIONER EREKSON: If I understand what you’re concern is, can you articulate a little more why the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 solution that they’re done for the driveway with its slope, which is with the Town codes and standards, creates a significant increased risk to what’s going on there now? ROBERT DiNAPOLI: The road itself is very narrow at that point, so backing out of that, and from a 15% slope, I’m afraid no one will see them, because of the amount of cars, and the age of the people, and the speed at which they’re trying to get to their destination. It’s a significant area, and the amount of people that are walking, I’m worried that with the speeding drivers and somebody pulling out of a 15% grade onto a road, blindly backing out, they’re not going to see the oncoming traffic. COMMISSIONER EREKSON: Are you aware, have there been sight line analyses done that would substantiate what you’ve just asserted? I’m not arguing with you one way or the other, but as has already been stated in the record, we can’t make decisions based on assertions. ROBERT DiNAPOLI: No, I just feel that you might make a decision based on the amount people that are objecting to it, and I’ve lived there 19 years and I object to the amount of… I don’t object; I take it with the good and the bad of the neighborhood. It’s beautiful, but we have a huge amount of traffic that’s going by there, so to LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 add that driveway there, with the slope, backing out, will only increase the risk and the danger in that area. COMMISSIONER EREKSON: Just so you know, I ride my bike down there. I don’t live close to where you live, but I ride my bike lots of places in town, so I’m quite familiar with that. I try not to ride my bike when there’s a lot of traffic going to the high school back and forth, but that’s a whole other story. You have significant traffic, and I take you at your word because you live there. So then one is going to add a home that would likely have two cars in it, so probably two drivers, so that’s going to represent what kind of increase in the amount of traffic? ROBERT DiNAPOLI: It’s the backing out. There are the additional two cars, but it’s the back out on a road that is somewhat blind, and overly fast drivers that are in a hurry, that I’m worried about. COMMISSIONER EREKSON: Okay, thank you. VICE CHAIR KANE: Let me see if I can help on that one. Ms. Moseley, we estimated ten trips a day? MARNI MOSELEY: Engineering is here to answer that properly. I believe that’s correct. VICE CHAIR KANE: It’s in the Staff Report; I just want to make sure I remembered it correctly. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 MIKE WEISZ: I am not aware of the total number of additional trips for this particular property. VICE CHAIR KANE: Okay, I’ll try to find it. All right. Other questions? Commissioner O'Donnell. COMMISSIONER O'DONNELL: If there were two homes here, because there are two lots, would that make the situation worse than this one home, better, or the same? ROBERT DiNAPOLI: I’d say it might make a difference in the size of the home, I guess, if it conformed, if it was too small houses, as is I think acceptable to build. COMMISSIONER O'DONNELL: But doesn’t it depend on the number of cars? You’re talking about car a problem, not a size of the home problem. If you have two houses and two cars in each house, you would now have four cars instead of two cars. We have this one house before us, but if this doesn’t go through, we could have two houses before us; small houses, but now four cars rather than two. So I’m wondering if you have a solution to that problem? ROBERT DiNAPOLI: No, I don’t personally, but I understand that the houses would be under 1,000 feet each, which seemed to be the approximate size of an apartment building. Maybe there would be one house; maybe they’d ride their bike, the one person. I really don’t know. It’s a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 large family house that is proposed being built on a very, very steep lot with a driveway that’s now below grade. COMMISSIONER O'DONNELL: Thank you. VICE CHAIR KANE: Thank you very much. Nicholas Williamson followed by Erin Johnson, if Ms. Johnson would like to get ready. NICHOLAS WILLIAMSON: Good evening. Nick Williamson at 148 Maggi Court, so I’m the house directly below this property. I know from the last time that we met that you review everything very thoroughly, so I hope you’ve read my latest letter, because I tried to be very specific about reasons for denial of this. One thing I did say right at the top was we feel this project is too massive, too intimidating, too invasive of privacy, too unsafe in many respects, and too damaging of the natural environment. I believe it’s unconscionable to design for a slope of 30%. You asked about net lot area reduction when it gets to a steep slope. Well, the diagram at the bottom shows at 30% you’re making the maximum deduction, then it just flatlines. There’s no further deduction, because at that point it’s already hazardous. This house has been designed for a slope of 30% maximum FAR. You can actually LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 see though that between 10 and 20, and 20 and 30, it’s increasing not lineally, but exponentially. If you extrapolated that up on a site like this, you’re quite rapidly running out of any floor space whatsoever, so I think it’s pretty unconscionable that we can be designing for 30% house on a slope of over 50% in a hillside residential area that would need five acres of land to build a house, one dwelling. The result of this is that we have a proposed building which is too massive and too bulky, and it’s something which it shall not be. It shall not be prominently visible to surrounding properties. That’s clearly stated in the Hillside Standards; that’s a non- discretionary regulation, so there can be no discretion about that. This building is 30’ away from my back yard. You’re starting to think that law anywhere, 30’, I mean there’s nothing that can really get in the way. It means that you need a very tiny house on this land. There are other reasons why this should be denied; specifically this is a three-story elevation. Frankly, everybody thinks it is, so it gets to a point where I don’t believe the explanation at all; that’s a breach of the Hillside Standards. It does exceed FAR. It exceeded FAR at the last meeting, because the garage is not LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 included. It’s not neighborhood compatible. The plans weren’t complete. Ultimately, this is a very difficult plot and virtually unbuildable. In my opinion, that was obvious when the land was bought. I believe there has to be something quite exceptional, not quite exceptional, totally exceptional, to be approved for this piece of land. Anything else is really becoming an abuse of the Hillside Standards, which I think is a very precious law here, and I don’t think that’s really what the Town wants to do. VICE CHAIR KANE: Thank you, sir. Any questions? Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you for your presentation and your letters; they were very helpful. Did you receive letters from the Applicant requesting to meet? NICHOLAS WILLIAMSON: Yes, I did. Actually, we met. COMMISSIONER HANSSEN: You were the one that met with the Applicant? NICHOLAS WILLIAMSON: I was, yeah. Actually, we met twice. We met immediately after the hearing. In fact, virtually the entire neighborhood had a small chat then, so we kind of felt that we’d already had… We knew that this wasn’t going to move. On May 13th, I think, I got a letter LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 in the post, but the letter didn’t say hello, Mr. Williamson, good news. We took on board your concerns and we’ve revised the plans. It just said we meet the variances, we meet the guidelines, and so it was unchanged. COMMISSIONER HANSSEN: Thank you for talking to the Applicant, because I think that’s an important part of this, because everyone needs to be sort of okay with this at the end. NICHOLAS WILLIAMSON: None of this is about Mr. Ross; none of it is about that. Obviously, we’re all very emotional, because we want one thing or the other, just as Mr. Ross wants something. COMMISSIONER HANSSEN: So then my next question for you is what type of house do you think is appropriate? Because there are, maybe not you, but others of your neighbors, that don’t feel that it’s possible to build anything there, and certainly our Town rules say that’s not the case. Further in the Hillside Design Guidelines, if you didn’t know, there is a pretty big reduction in the available FAR because of the slope of the lot, and so what they can build is much, much smaller than what it would be if it were flat. I would just like to hear your opinion, because you’ve been very vocal, in terms of what kind of house would be appropriate. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 NICHOLAS WILLIAMSON: I’m not here to design the house, I just want one that conforms to the law. When I bought my property, there is a law in place that says what I can expect, so somebody else, if they buy the land, they’ve also got to look at the law available, the constraints that are available, and say what can I build, and come up with a design that we can assess and say does that conform? I’m not going to stand here and say build a house like this and then I think it can conform. If Mr. Ross owned my house, then maybe he could do that, but at the moment I just want to see a proposal that has a chance of conforming to the laws. COMMISSIONER HANSSEN: But you believe there is some size of house that could work? I don’t expect you to say what it would be. NICHOLAS WILLIAMSON: Tiny. I think the International Code of Residents gives 88 square feet as livable space, so it could be very, very small here, I don't know. You’ve actually got a lot to work with. I think they’ve got to come with a property that we can assess. I don’t know whether there’s a particular size that meets the laws. COMMISSIONER HANSSEN: Thank you very much. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 VICE CHAIR KANE: Thank you. Commissioner Erekson. COMMISSIONER EREKSON: In your earlier public testimony you used the phrase, “Something would have to be totally exceptional.” Those were your words, as I understand them, but I gather from your answers to Commissioner Hanssen’s question you’re unable to characterize for us what would be totally exceptional, you just don’t consider the present proposal as totally exceptional? NICHOLAS WILLIAMSON: As something very different than the normal. I’m using the words totally exceptional to stick a little bit away from saying nothing can be built there, but I think it actually is a very, very small house. The problem with this is the house is just simply too big. A lot of the problems go away if the house gets smaller. The driveway issue, if it’s a smaller house it only has one car, it goes away, or the driveway should just be designed differently to have less issue. I just think that the size of the house is the starting problem, and the bulk, and the mass, and the scale of it, which is the real issue, that’s been consistently the issue, is still the issue. This house, I think somebody pinpointed earlier, it’s still there. I’m still looking at LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 25 341 Bella Vista as if the plot wasn’t merged, and it’s still huge. COMMISSIONER EREKSON: Thank you. VICE CHAIR KANE: Commissioner Hudes. COMMISSIONER HUDES: Thank you very much for your testimony and your very thorough letter, and I intend to go through a number of the points in your letter with Staff when we resume that part of the discussion. There was one point that I wanted to cover with you, which I wasn’t quite clear on the point you were making. In your letter, point 7, when you talk about the driveway and you say that the driveway has come up as an issue and it’s still a concern. “The driveway as currently proposed is steep, possibly as steep as the 15% that’s allowed.” So if it is not exceeding 15%, could you maybe articulate what your issue with how steep the driveway is? NICHOLAS WILLIAMSON: I think it came up at the last hearing. Mr. Tillman raised it one of his letters as well, and Mr. DiNapoli has just spoken to it now. I think if anyone reverses up the slope 15° the angle that you’re then looking out of your rear window is maybe above the height of cars along that road, so it’s a concern that you would have to reverse out. If the trees aren’t coming out, the trees are then certainly in the way. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 If they are coming out, it’s still on a blind bend. So somebody has got to reverse out. I think it was picked up as an issue last time that that is unsafe, and in a previous hearing somebody commented that if it was too steep, maneuverability was an issue. What I’m saying in that point is that these things have not been properly considered, and I would like to have seen maybe line of sight diagrams. This is part of the problem with the meeting. We thought we were going to get a lot more documentation to review to address the concerns beforehand, and I think at least three Commissioners asked for the documentation in advance so we could see it. I had to file my letter with no new documentation. So that’s part of the problem. There’s nothing new coming. What new is there to say? We’d already had a hearing with all of the… I apologize if I’m speaking very emotionally, but I speak a little bit emotionally. VICE CHAIR KANE: Commissioner Hudes. COMMISSIONER HUDES: Let me follow up on the driveway issue. Do you believe that the driveway exceeds 15% and that’s providing a risk, or do you believe that 15% itself is a risk to public safety? NICHOLAS WILLIAMSON: I think a sloping driveway is a potential for a public safety problem, and therefore LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 needs proper line of sight diagrams drawn out so we can see it. Reversing my car on the flats, I don’t like the visibility out of the rear window, so up a slope I don’t think I could see a cyclist very well. I would personally be very worried about my liability to the cyclist, and so therefore I’m naturally worried if my son is the cyclist going on that road, as he will be going to high school one day. The 15% came up as an issue at the last hearing, which was is it 15% or isn’t it 15%? We don’t know. It’s a slope that won’t be greater than 15% in the diagrams. I’m not sure that they’re architect diagrams, but they’re the engineer’s diagrams. COMMISSIONER HUDES: Thank you. VICE CHAIR KANE: Thank you, Mr. Williamson. Thank you very much. NICHOLAS WILLIAMSON: Thank you for your time. VICE CHAIR KANE: Erin Johnson followed by Patrick Tillman. ERIN JOHNSON: Hi, my name is Erin Johnson and I live at 150 Maggi Court. My primary concern on this project is that it does not follow the rules, also known as standards. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 One of the standards is to be neighborly friendly by protecting the privacy of the neighboring homes. Another standard is to not be prominently visible from surrounding properties. Once again, we have a complete disregard for rules, rules that are pretty simple to adhere by. This is our sixth hearing in five years. We’ve had two neighborhood meetings, one of which we graciously hosted at our house. That totals eight meetings regarding the same rules. I’m bewildered that this home is a repeat of past presentations, and I’m shocked at the overly massive bulk and scale. There is no privacy to several master bedrooms, living rooms, and back yard patios. When I was a child I owned a dollhouse. Never did I think I would be living in one, and that’s how it feels from Maggi Court looking at this property. Thank you. VICE CHAIR KANE: Questions for the speaker? Thank you very much. Patrick Tillman followed by Doctor Timothy Coughlin. PATRICK TILLMAN: Patrick Tillman; I live at 150 Maggi Court. I live with Mary Badame, who is a Chairperson and Commissioner. I imagine you received all my letters. My apologies, there are a lot of them. I expected most of that LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 information to be supplied by Staff, and I’m not too pleased that it wasn’t. Anyway, I thought I gave you what you needed to see. I’m not too pleased with them changing plans again, but my correspondence applied to the last set, and they’ve tweaked it a little bit, but it doesn’t make a nickel’s worth of difference; most of these things are wrong. Separately, by virtue of a couple of government code sections a while back a few people got together, townspeople, and drafted up some regulations in lieu or, or in supplement to, the state code. Those would include the General Plan, Land Use, and Hillside Development Standards and Guidelines; all those things predate Dan Ross. They are very specific with respect to issues of the neighborhoods and our right of privacy, which is not a subjective issue; I heard that word thrown about. The right to privacy is not subjective, it’s guaranteed by the United States Constitution as interpreted by cases, and it’s right in the document for the California Constitution; it’s Article One, it’s that important. It’s a big deal, and these provisions are to enforce that. There are multiple references to privacy. Bulk and mass and all these things, they can be more LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 specifically defined, but it’s one of those things you know it when you see it. We have a set of rules and they should be enforced; if not, then we should get rid of them. Anyway, privacy is a big issue, and Dan Ross recognized that in his comments of October 12, 2011; I supplied that. He referenced yeah, I understand the right of privacy is an issue here, and this house is bigger than the one he submitted in 2011. He also made reference to or acknowledged the issue about bulk and mass. I gave you a lot of the quotes. They’re all quotes. I didn’t make them up, I didn’t paraphrase them; those are quotes that I put in my letters. What is happening with this program here is this house is bigger than all of the prior presentations, but it’s more impressive or more… There are three or four fewer victims, and we’re one of them. We’re right down below. This is a huge, huge house. It’s bigger than anything around. It’s bigger than ours, and I thought we had a big house. With respect to the reduction from two homes to one, politely, that explanation is nonsense. You can, if you would, address this as an issue of limited number of victims, the same problem. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 VICE CHAIR KANE: Thank you, Mr. Tillman. Questions for the speaker? Commissioner Erekson. COMMISSIONER EREKSON: Most of what you talked about at the front end was about privacy, and you suggested that privacy was subjective. Can you then help me understand how you would define privacy so that I can understand what the threshold is when someone is not being respectful of the “right to privacy?” Does it have to know what someone was intruding upon? You have to help me understand how you would define privacy and at what moment I would be intruding upon that, if you would. PATRICK TILLMAN: Certainly, but if I said subjective is the standard, it’s just the opposite. The right of privacy is not subjective. You can talk about it all day long, and then there are variations of it, but the right of privacy is not a subjective issue. Subjective is something like there’s music playing, somebody likes it, some people don’t, and it’s the same music. COMMISSIONER EREKSON: Let me re-ask my question. I apologize for not asking my question clearly, apparently. Can you help me understand your definition of privacy, so I can understand the right is to what? So that I could then have some understanding about whether what they’re proposing is infringing upon that right of an undefined… LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 I’m just trying to understand what your definition of privacy is. PATRICK TILLMAN: Well, privacy is a broad term, but it can be in any number of places. Specific to this, we bought a home, we have a back yard, and it’s a three-story home. There is somebody who wants to build something that will take away our ability to enjoy our property; our back yard completely gone. Now we’re going to have to do something to make sure folks are not looking into our third story bedroom windows. That’s an invasion of privacy. It’s borderline peeping Tom, and it’s there, it’s set, you’re cooperating on it, you’re allowing him to set up shop. He can sit on his patio and look into our yard, and we’re not going back there anymore. COMMISSIONER EREKSON: So then if there were measures done on this property as potential modifications to the present proposal, or a different proposal to build something on there, that mitigated against that ability to see into the bedrooms and to see into your back yard, and you could conceive of something that could be built upon that property that wouldn’t be intrusive and an invasion of your right to privacy? PATRICK TILLMAN: No. Can’t be done, and here’s why. My apology. I don’t mean to be rude, but this house is LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 shoved into a hill. Its whole design is to get a view west. We’re west and downhill. The whole design is there. It has five patios; two look west at us. Maybe you can tell them to smoke out the windows or something like that, but those windows can be changed. They can sit out on their patio; they can sit on the roof; anywhere they want to be. The whole house is designed to look in our direction. You can’t look east, because that’s the hill. It’s designed for that, and that’s the only reason they’re pushing this is because it will have a view. The issue of its visibility was resolved in 1997. I quoted one of the Town Council members, who says—there’s a long quote that I supplied—“This is a visible area,” and if you can look out, you can look in; it works both ways. It is all designed to look towards us, and to say that they are not going to look this way, or you can do something, like they’re going to build a house where they can’t look west? Then they’re living in a closet, and that’s not going to happen. And Mr. Ross is not going to live there. He’s a spec homebuilder. I itemize that too. I think he owns, I don't know the number, it’s over north of ten. But there is a rule out there, it’s a tax issue, you stay in the house for a year and a day, and now you can protect a half a million dollars worth of equity. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 COMMISSIONER EREKSON: I think you’ve answered my question. Thank you very much. PATRICK TILLMAN: I have more. VICE CHAIR KANE: Thank you, Mr. Tillman. Commissioner Hudes. COMMISSIONER HUDES: I understand the concern that there is a hillside there now and there is a proposal to put homes there, and that will dramatically change your quality of life in your opinion. PATRICK TILLMAN: Yes. COMMISSIONER HUDES: I have to work within the zoning codes and the guidelines that are provided to us, and I also have to work within the facts that are presented, and so with regard to privacy, one of the major ways that that is implemented is through setbacks and compliance with setbacks. With regard to the privacy issue, do you believe that the proposal is in compliance with the setback requirements? PATRICK TILLMAN: Maybe. If you’re pacing it off, yes, but I believe setback requirements are more set up for flatlands so that you can have some privacy and then you can install a fence. In this case, you can’t even grow trees, so the setbacks don’t have much application here. I made the comment that they’re taking out all the trees, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista 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 they’re not going to be there, and there is nothing you can do to interfere with the view between their place looking down on us. Their basement is higher than our third floor bedroom window. They look down at an angle, and there’s not even enough room between the house and their property line to grow a decent tree. You can’t use a setback to call… You could enlarge it if you want to, it doesn’t make a nickel’s worth of difference, they’re up there and they’re towering. COMMISSIONER HUDES: Thank you. That helps me with that issue. I have another question on a different topic. VICE CHAIR KANE: Go ahead. COMMISSIONER HUDES: Can I pursue that, or do you want to move on? VICE CHAIR KANE: I’ll ask for Commissioner Hanssen. COMMISSIONER HANSSEN: I just wanted to ask the same question I asked of the other speakers. What kind of house do you feel is buildable on this lot? If I listen to your comments, I wasn’t hearing anything. PATRICK TILLMAN: And you heard my comments correctly, that there is nothing you can build. There’s Land Use, there’s the General Plan, and the Hillside Standards. There are issues that have to do with something LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 62 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 than the mechanics of building something, and I don't know if they can satisfy them, frankly, because they would have to build something that’s a little box to try to minimize the intrusion and what they’re looking at. That’s why repeatedly they’ve come back with, and I think they did it again, but we knocked off 150 feet. Who cares? You need to get down to 500-800 feet. There are homes in that neighborhood that are 800 feet, but he has consistently refused to do that, and he has acknowledged throughout that the size has to come down. The words that we were looking for beforehand on that issue were, “He was told to dramatically reduce it,” and that was back in 2011, and there are other words on here too, but I don’t want to over-answer your question. VICE CHAIR KANE: Yes, I think so. COMMISSIONER HANSSEN: You did. VICE CHAIR KANE: Thank you. Other questions for the speaker? Commissioner Hudes. COMMISSIONER HUDES: I wanted to come back to a comment you made earlier. You said that this proposal is bigger than the one submitted in 2011. PATRICK TILLMAN: Yes, by 1,000 feet. COMMISSIONER HUDES: I need to kind of deal with facts here, and so would it be possible to put up A-1.4 LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 63 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 was submitted? Tell me, do you agree with this representation that the bottom is the proposal from 2011, and the top is the proposal from April 13, 2016, and the middle is the proposal from today, May 25, 2016? PATRICK TILLMAN: I can tell you that what they had is…because I remember I made a mistake, I left out the garage. Give me just a second here, if I may. Yeah, the last proposal, which was February 13, 2013, I believe—it doesn’t matter, they’re pretty close—one of the homes was 1,736 square feet, the other was 1,885 square feet. This one is almost 3,200 square feet. So what’s that, 1,400 square feet bigger? Yes. Now, which of them? I don't know, and quite frankly, I have trouble with their diagrams. I don’t believe that some of these things are accurate, for example, the garage. COMMISSIONER HUDES: Maybe I wasn’t clear, but I’m referring to the bulk and mass issue… PATRICK TILLMAN: Which we’d be staring at. COMMISSIONER HUDES: …which is what you would be looking at, and that’s why I asked the question last time about the façade of the home that’s facing you, and I just want to understand if you have a different point of view on these diagrams. It looks to me like it’s consistent with LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 64 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 the Applicant stated, that they’ve reduced by 50% the face that’s facing your home. PATRICK TILLMAN: I can’t agree with that. None of them are a reduction of 50%. They’re very close… COMMISSIONER HUDES: Well, the numbers they’ve presented were that there were two homes in 2011. One was 1,614 and the other was 1,327, for a total of 2,941, almost 3,000 square feet, and that the proposals that we’ve been looking at now are about half that size. PATRICK TILLMAN: Well, yeah, when you have one house as opposed to two? COMMISSIONER HUDES: Right. PATRICK TILLMAN: I’m sorry, I’d like to answer your question; I don’t know how. The house that they’re proposing now is bigger than the other one, but all I had were diagrams, so to me, looking at all four of those… Well, actually the one there on the left looks a little bit smaller, but the three on the right-hand column look very much the same to me. As far as placement on the poles and whatnot, this one is much bigger than the other one. VICE CHAIR KANE: Mr. Tillman, I want to thank you for your testimony and your letters; they have been very helpful. Other questions for the speaker? PATRICK TILLMAN: Sarcasm (inaudible)? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 65 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: No, none whatsoever, but I am going to move on. PATRICK TILLMAN: Okay. VICE CHAIR KANE: Thank you, again. PATRICK TILLMAN: Thank you. VICE CHAIR KANE: Doctor Timothy Coughlin followed by Ann Marie White. FEMALE: (Inaudible). VICE CHAIR KANE: Thank you. TIMOTHY COUGHLIN: Tim Coughlin, 320 Bella Vista Avenue. We’re right across the street from the proposed project. I just have a couple of quick points. I made my points in my letters, and I just want to make this brief. My main concerns are the loss of those beautiful trees. I wish there were a way that we could mitigate that. I know that this is a Mitigated Negative Declaration, and I would proposed that one mitigation might be to underground all those wires across the front of the property, because with those trees gone, all we’re going to see is wires. Now, you saw a nice image here of 52 Oak Hill, which actually was kind of attractive, set down below grade level and had a nice tile roof and so forth. But what you didn’t see in that picture were power lines, and what we’re going to see is power lines, the high voltage, the medium LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 66 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 voltage, the cable, the telephone; it will be right there, because the trees will be gone. They’re a backdrop right now; we don’t see the lines as much. So if there is no way to avoid losing those trees, then at least let’s get some kind of conditional situation where we require the undergrounding of the utilities. Secondly, with regard to the driveway, I think 15° is in the Town Code. I understand that’s legal and so forth. What I think happens though, and this is true down the street where driveways have been underutilized, is that people end up parking on the street. This is a narrow street, there’s not a lot of parking. When you drive down there you’ll see cars parked where they can be right now, and I think what’s going to happen is somebody will drive onto that driveway or into the garage, and after a few times, they’re not going to want to do it. So those are my two points. I’d be glad to answer any questions you may have. VICE CHAIR KANE: Thank you, Doctor. Questions for the doctor? Seeing none, thank you very much for your presentation and your letters. Jeff Saunders followed by Sandy Decker. JEFF SAUNDERS: Good evening. My name is Jeff Saunders and I live in Los Gatos. I speak for a group of LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 67 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 friends and neighbors who live on Loma Alta, Los Gatos Boulevard, Johnson Avenue, Caldwell Avenue, Villa Avenue, Farley Road, and Grove Street. For the sake of time, I will speak on behalf of this group. We have watched this process over many years. In the time the Rosses have worked on this project we have seen the new 30,000 square foot library built on Villa Avenue, along with the Reservoir Road project, Shady Lane, multiple homes on Bella Vista, and the nearby Bluebird Lane project, completed. With their new proposal, the Rosses have offered to give up one of their legal buildable lots. This is a big compromise. In addition to conforming to all the current rules and fitting well into the neighborhood, their new plan pushes the house further away from the neighbors, preserves more of the existing mature trees, orients the driveway to the best location, and adds new trees and landscaping. Some say this is a difficult site, and we disagree. There are ten other homes on the downslope of this street, and many other homes in Los Gatos that sit on a slope. On behalf of our group of friends and fellow citizens of this town, I ask that you approve this plan. Thank you. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 68 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: Thank you. Questions for the speaker? Thank you, Mr. Saunders. Sandy Decker followed by Lee Quintana. SANDY DECKER: Planning Commissioners, I’m Sandy Decker on Glen Ridge. There are so many surprising things to endure along the way of getting old, but I never expected one of them to be testifying against this project site for 14 years. This project is a perfect example of why this community writes, and hopefully upholds, protective land use law. These are the reasons nothing has been built on that lot. All can be found in our land use language requirements. It is a 50° slope. The extensive cut and fill needed to engineer the non-supportive colluvium soil on the site is a major reason why this Town discourages building on such a precarious slope. The removal of the trees will destabilize. Cutting further into the site to create a… Are we calling it a cellar? Are we calling it a story? I assume it’s being called a cellar so that we can look at the square footage as being reduced, and not a story, which then creates a three-story structure on the site. But in LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 69 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 this case, the use of both story and cellar violate our zoning definitions. I personally worked very hard to make these zoning distinctions clear and viable for hillside sites. The ingress and egress on Bella Vista is still a very dangerous configuration. This proposal, like all others for this site, is not compliant with the General Plan or the Hillside Development Standards and Guidelines. So Planning Commission, it’s up to you to decide whether this developer, who has been told repeatedly that this site is not appropriate to sustain the impacts of his proposal, can go ahead and over-engineer to build this project, which will destroy a natural hillside, not to mention what you will be imposing on the adjoining neighbors whose quality of life will be changed forever. The action you must take has been imposed on many other projects in the hillsides with not nearly these constraints. The final answer tonight should be denial. VICE CHAIR KANE: Excuse, Ms. Decker, there may be questions. Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you very much for your comments. I understood everything that you were saying and it was said with a lot of passion, but I wonder, like I LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 70 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 asked some of the other speakers, what type of house could be built on this lot? Our Town zoning rules and whatnot say that it is certainly possible to do that, and we’ve had testimony from a geotechnical engineer that there certainly is a way to engineer it to make it safe, so I’d like to hear your perspective on this, since you’ve been following it for so long, on what would be acceptable. SANDY DECKER: I couldn’t thank you enough, Ms. Hanssen, because there’s something I think you must understand, as well as the rest of you probably do, because I know you’re new to your seat. You’re sitting with some scientific data; you’re sitting with a whole bunch of facts. Those facts have been given to you, they have been rechecked by our geotechnic people, but your place here, if we only looked at applications by just that set of information, you wouldn’t be here. The reason you are here is because as a Planning Commissioner you represent this community, and the community you represent has gathered together for years; many, many public hearing, many, many sitting down in committees to put together our Hillside Standards, our General Plan, so that this community is not inundated by just scientific data. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 71 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’s happening tonight is that you are seeing a piece of property that has an immeasurable number of constraints on it. As we’ve been told several times you can engineer anything. You’ve got enough money; you can engineer anything. The point is you will be destroying something that’s very important to this town, and that’s a natural landscape and the privacy and quality of life of people who live here, like you do. So I really appreciate your question, and I hope that answers it. And no, I can’t design for you, and I wouldn’t. We don’t do that. COMMISSIONER HANSSEN: I certainly appreciate your comments. Thank you. SANDY DECKER: Thank you. VICE CHAIR KANE: Other questions for the speaker? I have one. The Resolution 2002-167 that gave the Town language on attics and cellars, you were on Council and approved that; I assumed you worked on the resolution that Mayor Randy Attaway signed and you all voted unanimously. I’ve often looked at it and thought well, here’s one page with six words, and I don’t know that it’s working for us as well 14 years later. It simply says, “To encourage basements and cellars to provide hidden square footage in lieu of visible mass.” LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 72 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 think when we talk about Commission matters later I’m going to bring up a need to review that and find out what that means. But when you wrote it, in your opinion—and I’m make my own decision—but in your opinion, does this cellar conform with the spirit and the intent of the Cellar Policy as we were thinking about it at that time? SANDY DECKER: Absolutely not. VICE CHAIR KANE: All right. Well, thank you very much. SANDY DECKER: You’re welcome. VICE CHAIR KANE: Lee Quintana followed by Shannon Susick. LEE QUINTANA: Lee Quintana, 5 Palm Avenue. It’s very difficult to follow Sandy, but I agree wholeheartedly with a lot of what she said. I’m not going to repeat what I have written in my letters, but I do hope that you don’t focus on the geotechnical. Yes, this house can probably be built safely, but so can another house, so can a smaller house. Geotech and geological considerations aren’t what you should be focusing on. It’s land use, and that land use includes the General Plan, the Hillside Design Guidelines… LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 73 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: Ms. Quintana, pardon me, please. Do we need to adjust what you’re trying to provide us with? And can we stop the clock? LEE QUINTANA: What I’m trying to provide you with is two things. One is the fact that the Hillside Standards and Guidelines in the definition do not refer to the Zoning Code definition of cellar. It has its own definition, which goes beyond that, which states that if the lower floor is higher than 4’ at any point along the periphery, it’s not a cellar, and therefore the square footage is included in the site. But even that doesn’t make any difference. As I said in my letter, whether you consider it a cellar or whether you consider as countable square footage, it doesn’t matter. You’re going around in a circle, because it all boils down to is it consistent with the Hillside Development Standards and Guidelines, and is it consistent with the General Plan? My time is running out, as usual, so I am going to go on to a couple of other things. It was mentioned that the retaining wall was for the patio on the south side of the house. One of the problems with this plan as it currently exists is it LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 74 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 doesn’t restore the property to its existing contours to the greatest extent possible, and the patios on the side is one of the reasons. If that wall is necessary for something else, I assume that it can still be backfilled to natural contour and limit the number of patios. Also, the proposed redesign doesn’t step the house back on the second story, it doesn’t step with the topography of the hill. It does follow the contours, but following the contours makes it a very long house. VICE CHAIR KANE: Thank you, Ms. Quintana. Can you give us a summary? Unfortunately, this is legal lot and the Town apparently does have to approve some project. I don’t think that the changes that have been made so far are sufficient to conform to the Town’s responsibility to reinforce… VICE CHAIR KANE: I think that’s a good summary. I agree. Questions for the speaker? I have one. I’ll admit, I don't know where that provision is on cellars. Can you tell me where I find that in the guidelines? LEE QUINTANA: Which provision on cellars? VICE CHAIR KANE: You said the Cellar Policy doesn’t apply to the hillside. LEE QUINTANA: That’s what I have up there. If you have a copy of your Hillside Design Guidelines, go to LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 75 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 Definitions page and read the definition under Cellar. That’s what it says. Interesting, Fannie Mae also has a different type of definition of cellar. VICE CHAIR KANE: I want to read you what it says on cellar definition. In the Glossary or in Definitions? LEE QUINTANA: It’s either the Glossary or Definitions. VICE CHAIR KANE: The Glossary says, “Use definition in Cellar Policy.” LEE QUINTANA: No, it says, “Use definition in Cellar Policy Resolution Number…” VICE CHAIR KANE: That’s that one I read, 2002- 167. LEE QUINTANA: There’s more to it than what you read. VICE CHAIR KANE: I shall look. LEE QUINTANA: There’s a lot more to it. VICE CHAIR KANE: Commissioner Hudes, did you have a question? COMMISSIONER HUDES: Yeah, I wanted to ask you what is the point about the Fannie Mae, the way they look at cellars, and how does that relate to this project? LEE QUINTANA: It’s become almost standard to do “cellars” on hillside properties, but those cellars are LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 76 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 very different than what we normally think of cellar on a flatland, and the Fannie Mae definition says essentially that most of the time you would discount a cellar or a basement, but if—and I think it specifically calls out hillsides—it’s on a hillside, or if the material and finish of the cellar is substantially the same as the rest of the house, there’s no distinction between them. This is a house that has a cellar. All of the bedrooms are in the cellar. This is a house that you can see out the back on every single room. You can walk out the back on several of the rooms. The exit wells and egress wells are actually not wells; they’re level with the ground. The whole back of that house is not a cellar. VICE CHAIR KANE: Thank you. COMMISSIONER HUDES: And something I want to follow up with Staff on. Thank you. VICE CHAIR KANE: Thank you very much. LEE QUINTANA: And I think it’s important that you read the rest of that definition from the resolution. VICE CHAIR KANE: I shall. I’m on it. Shannon Susick followed by Forrest Straight. SHANNON SUSICK: Hi, good evening. Shannon Susick, Shady View Lane. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 77 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 spoke before regarding this project and I would recommend again that it be denied in its current application. I think the prior application with two homes should not really be too much of a consideration. This is a singular application with a different proposal. Lee mentioned that the bedrooms are all in the cellar. What I wanted to speak about is—I should have done this during the public comments—I have some suggestions and recommendations. I think that in general if you look at the turnout and the constant however many years this project has been looked at, someone is not listening to their neighbors, someone is not listening about the trees, the road, the impact, and that appears to be the Applicant, regardless of his idea that his piece of property that slopes should be developed. But what I would like to propose is that the Town and Planning Commission officially review the use and definitions of cellars, basements, FAR, floor, and stories, and consider modification of these terms. There are some towns, such as Los Altos Hills, that they do not use the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 78 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 term cellar any longer, because they had a number of issues with basements being built out. I also think that in this case the FAR calculation is incorrect, like Lee said. That basement area, you’re not going to market a home with zero bedrooms. So you’re going to say that that house has zero bedrooms? Or you’re going to apply for a loan and have an appraiser, like me, come out there and say, “It’s zero bedrooms? It’s not going to qualify.” Because they’re all in the cellar that’s not part of the living area. In any case, there’s a misuse of these areas, not just this application but on many other ones at the DRC and that the Town has seen, and I think that a complete review of these terms needs to be done. Another thing I would like to suggest is that all new construction, basement, cellar, and demolition permits be heard by the Planning Commission instead of going to the DRC. Another idea that I have—it’s not my own, but I think it was Jak’s—is that I think the Town should create some kind of preservation fund and use fees from builders and developers and maybe a parcel tax, and have this fund be nonprofit, so that people that have pieces of land that are nothing but issues could donate it, or the Town could LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 79 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 buy back these properties, so that you don’t have people spending thousands and thousands of dollars on engineering studies and plans that just repeatedly get denied. That’s my ideas. Thanks. VICE CHAIR KANE: Thank you very much. You might want to put that in writing, because I didn’t take all the notes. SHANNON SUSICK: You know what? I apologize because I was late, so I’m going to email it to you guys. VICE CHAIR KANE: It’s okay. It’s a good idea. Send it to us. SHANNON SUSICK: Okay, thanks. VICE CHAIR KANE: Mr. Straight, I lied to you. You’re not next, sir. I’ve been requested that we’re going to take a ten-minute break. Thank you. (INTERMISSION) VICE CHAIR KANE: If we would take our seats, please. Mr. Straight, sorry for the delay. Forrest Straight followed by Vitaliy Stulsky. FORREST STRAIGHT: I’m an Almond Grove homeowner, but I choose to live at 146 Maggi Court. On bulk and mass from the previous application that we had several years ago, from my perspective what I’m looking at right from below the site is a three-story LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 80 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 building, and as far as bulk and mass what I’m looking at is 100% bigger, not footprint, but something with decks, a 4,000 foot house where it was under 2,000 before. In addition to that, it’s 10’ closer than the last one, and it’s somewhere between 40’ and 50’ from my house, and 60’ above my house. As far as scale and mass and all that stuff, all these numbers and stuff are meaningless, but what I see is this huge structure six stories about my house. To achieve this, what he has to do is essentially clear cut all the heritage oak trees, which are in excellent health, off the property. I’ve given you a letter from a tree fella. The other thing I was going to talk about was the cellar. This is not a cellar. There’s a definition for cellar that you have; the definition has to change. A cellar doesn’t have three sides exposed to daylight. The rest I’m not going to really talk about, because I think what happened is the lawyer downplayed my abilities and some of the things that I wrote to the Town, whether it be on trees or geotech or civil. I have a degree in civil engineering; I worked for a soil engineer for two years, (inaudible) in Palo Alto; graduate degree in civil engineering from Stanford; and I was part owner in a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 81 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 construction company that build perhaps 50% of every high- rise building from San Jose to San Francisco, so I think I know what I’m talking about. Some of the statements I made about geotech or civil, one of the things is just common sense. Just looking at the drawing behind you, the new civil came out with something that said the slope was 50%. Well, if you read my letter you know you have percent grade and you have degrees, but let’s just talk about degrees. If it’s 50%, what you’re talking about is 22°. If you look at the building behind you, if that’s 26°, that’s more like 45°, so common sense tells me it’s not 50%. Along that hillside you have many different percentages, it goes up and down, but from the top of the slope to my house is more like a 35-37° slope; in degrees, not percent grade. VICE CHAIR KANE: Thank you. Let me see if there are questions for the speaker. I have one question. You write those letters with the very large print? FORREST STRAIGHT: Perhaps. VICE CHAIR KANE: Bless you. Vitaliy Stulsky followed by Eric Morley. VITALIY STULSKY: Commissioners, my name is Vitaliy Stulsky; I live with my family, my wife and two LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 82 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 kids, at (inaudible) Maggi Court, below the proposed construction project. I wrote numerous letters expressing my concerns and disagreement with the project. I don’t want to spend a lot of time and repeat all the great points that other people have made before me. I’ll just reiterate that our concerns are with the bulk and mass of the construction, and the cellar that is, so to speak, creatively counted or not counted as FAR, making the whole proposed project too huge, and when you look at this project from down below it becomes apparent that it’s going to be huge. We are concerned about the environmental impact, cutting down the trees and making the slope less green and removing the trees that grew there for many years; they are much older than I am, and probably lots of people in this room. And we have the concerns about safety, with two kids; they are 13 years old and 6 years old. They’re going to go to school, they’re going to go up and drive their bikes up the road, Bella Vista, and so we’re concerned about their safety. Traffic there is huge, and cars backing up from the hidden driveways, not necessarily just this LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 83 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 one, but other houses like that, create not that safe an environment. Finally, I just want to mention to the Commission that the whole process has been extremely painful and taxing for the community and for the Applicant. We went through many years discussing this project and working on different kinds of ideas and solutions, but it is, it seems, just the wrong site to be built on, in my opinion. I’m not a civil engineer, I don't know how to build houses, I just know how to (inaudible) the requirements, and all the proposals that I’ve seen so far, they just don’t meet the requirements. Thank you. VICE CHAIR KANE: Thank you. Questions for the speaker? Thank you very much. VITALIY STULSKY: Thank you. VICE CHAIR KANE: Eric Morley followed by Eleanor Leishman. ERIC MORLEY: Eric Morley, 16322 Lilac Lane, Los Gatos resident. I have no economic interest in this project; I am a neighbor across the street with my business at 405 Alberto Way, and I actually look at this lot every day from my office, in front of my office, and I’ve been following this for the last five years. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 84 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 just wanted to clarify; there were a couple of questions from some new Commissioners about the two-lot plan versus the one lot plan. I was at the Planning Commission meeting when it was denied five years ago. I was at the Council meeting. That is relevant, the two-lot plan. The Council and Commission gave very explicit direction, which was merge the lots, build one home, and have significantly less square footage—and I think Commissioner O'Donnell was here for that as well—so that the relevance of what we’re looking at this evening and what Mr. and Mrs. Ross are proposing, that’s exactly what the Council and the Commission directed him to do. I would also say that this site and the proposal that’s before you, I think it’s been said over and over again, it complies with the Town’s regulations. I think the Staff has reiterated that over and over again. I feel like, as I’ve watched this process, that the goalpost continues to move, or there is no goalpost for the Rosses. But I think more importantly, as I listen to this tonight, it feels like this process has become a game of keep-away for the Rosses, not having the ability to have dialogue despite extensive proactive efforts and good faith efforts for the Rosses to not only reach out, but to be responsive, and in LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 85 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 absence of any dialogue despite their best efforts, continuing to refine the plan. I would encourage the Commission to either approve the plan that’s on file, or the modifications, which I think are well articulated. I think the Town Attorney has indicated that if the Town were to deny development on this site, he said clearly at the last meeting, that the Town would need to compensate for that. I think the Rosses have designed an appropriate, livable home and I would encourage you to approve that. Thank you. Happy to answer any questions that you might have. VICE CHAIR KANE: Any questions for the speaker? Thank you, sir. Eleanor Leishman followed by Debra Chin. ELEANOR LEISHMAN: Good evening, Commissioners. I’m Eleanor Leishman; I live on Bella Vista Avenue a little bit north of the property and on the east side of Bella Vista. I know you’ve seen my letters, so you know my issues have been kind of Bella Vista-centric. Traffic. I was concerned and continue to be concerned about the driveway, but I think tonight so many things have been addressed so well by others. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 86 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 do feel I need to say something, again like everybody else, about the bulk and mass. Given the constraints of this property and how close it is to those townhomes, that is really the issue, I think. My husband and I walk down the street every day and we look down the hill and try to imagine what it’s going to be like for those people to look up at this building. The footprint is large with all the decks and patios. They’re using outdoor stairwells to kind of maximize their space and keep the FAR down. It spreads out, and whether they’ve taken a deck away or not I think is of little matter. This thing is going to loom over them. We took a little drive down on the other side of Bella Vista. There are very few houses over there, by the way, but we went down to Los Gatos Lodge parking lot and we looked up at 225 Bella Vista, which is a little house right south of the bridge. It looks like a little house from the street, but when you look at it from the parking lot the back side of it is quite massive, although from the parking lot up to the house there’s so much more space that it really wouldn’t be a problem if somebody did want to build out down at the lodge right to the edge of that hillside. It’s just that the hillside is deeper; there’s a lot more space there. And all along that south side of Bella Vista, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 87 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 if you look from down the hill, my husband went over to the softball field and looked up at those houses and you can hardly see them. So this house is not like that, and I think it’s going to set a dangerous precedent if you allow it to go ahead with the proximity to those townhomes. Just to get into the loss of the trees, I think that’s, yes, three protected trees, but how many more trees? The arborist report, if you read it, says there’s not guarantee how many of those trees are going to survive the other trees. I think given the serious excavation, the destruction of that hillside, the trees, and the habitat, I think are legitimate cause to not approve the Mitigated Negative Declaration. I also just simply want to ask, who is the architect of record on this? I don’t see a name anywhere. I don’t see architect’s drawings. These are all kind of like some super duper design presentation drawings, so I would just want to know that for my own personal interest. Thank you very much. I do hope you will deny this application. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 88 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: Thank you. Questions for the speaker? Seeing none, thank you very much. Debra Chin followed by Reverend Rebecca Wilson. DEBRA CHIN: Good evening, Commissioners. My name is Debra Chin; I live at 154 Maggi Court. There has been a lot of discussion, and I also submitted several letters, so I don’t want to elaborate on those, but just to ask, as Dan Ross did in his letter of May 17th, that the Town should review the facts and remove the emotion. I couldn’t agree more with that. I believe that a thorough review of the facts should lead the Commissioners to deny the project, as it was denied in 2011, for many of the same reasons. It’s not moving goalposts. The Hillside Standards and Guidelines are consistent and should be applied consistently. I also want to make a remark to 2011. I was here. I was here for the Planning Commission and the Town Council meetings, and the Planning Commission did not specify that the lots should be merged and one house should be built instead of two. I know there were several comments about that, and I believe you can go to the record and check it yourselves. I believe it was Commissioner Kane who said that mentally it doesn’t make sense to compare the two houses to one. Naturally there would be a 50% decrement LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 89 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 you’re comparing two entities versus one entity, but the impact is actually greater to several of the townhome residents because it is one larger structure, and that should be the point of comparison. In terms of numbers, the single home with 2,638 square feet is an increase of 14%, and 20% respectively, versus each of the two prior planned homes. At one of the last meetings it was Jake Peters who made a statement that if the community did not like two homes on two lots, they were certainly not going to like one larger home being built, so we are not surprised to see this come before us, and it was made as almost a threat to the community. Lastly, I believe there are over 900 responses between the individual letters and a petition that’s been signed. These are all neighbors that are approximate to the property, and these are very intelligent community members, as is Mr. Ross. There are doctors, lawyers, engineers, and professionals. We cannot be accused of groupthink, because we’re simply too independent and strong willed as a community, so I hope you would respect that. Lastly, in terms of the conversation, a discussion is a dialogue to discuss and resolve a problem, and that’s not what we have here. There’s no acknowledgment LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 90 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 of our concerns. Commissioner Hanssen asked me if I would be willing to meet with the Applicant. I was willing, but I did not see any reason, because there was no proposal planned that addressed my concerns. Thank you. VICE CHAIR KANE: Thank you. Questions for the speaker? Seeing none, thank you. Reverend Rebecca Wilson followed by Melanie Kemp. REV. REBECCA WILSON: Good evening, Commissioners. I’m Reverend Rebecca Wilson; I live at 312 Bella Vista Avenue. Mr. Kane, let me apologize for my earlier action. I’m sorry. Our concerns are many here and I don’t want to repeat things, so I’m going to talk about the things that I worry about each day with this proposal. The neighbors and we are concerned about the historical, scenic beauty, and the flora and fauna that enhance the character of the Town of Los Gatos. Bella Vista Avenue is one of the main routes for our Town marathons, joggers, walkers, bicyclists, et cetera. Bella Vista is enjoyed by a myriad of people who come from near and far to appreciate the natural beauty, the distinct quality, and historical character of Los Gatos. Bella Vista is also the main thoroughfare for the students driving and walking to and from the adjacent LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 91 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 schools. It is already very busy with auto and foot traffic. We can’t ignore the danger this construction and additional parked cars on the blind curve brings to this already highly traveled and congested area. Each day as I cautiously back out of my driveway I worry about the blind curves with joggers, walkers, bicyclists, and students walking and driving to and from school, and the possible danger it presents. Is the Town of Los Gatos going to be responsible for the additional danger it poses to pedestrians and autos on these blind curves? There are two about approximately three houses when you’re facing south. If you’re standing in the middle of the street, which I walk three miles on that route every day, you can’t even begin to see where the driveway is going to be upon the construction of this project. So my question, again, is the Town of Los Gatos going to be responsible for the additional danger it poses to pedestrians and autos on these blind curves? If they allow these deviations to the hillside rules and the Town standards and ordinances, will the Town of Los Gatos be responsible for the accidents resulting in injuries or possible deaths, heaven forbid? This project brings with it LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 92 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 additional danger to pedestrians and autos on these blind curves for the residents who witness it every day. This project has a huge negative impact, not only for the nearby residents affected by the infringement of their view and privacy, but by the appearance of this massive house affecting the entire community who has chosen to live here in Los Gatos, which is known for its small town charm and picturesque mountainsides. VICE CHAIR KANE: Thank you very much. Questions for the speaker? Commissioner Hudes. COMMISSIONER HUDES: Thank you, and I appreciate you bringing up an issue that we haven’t heard a lot of detail about. With regard to the safety issue on the street, are you referring to the issue of the location of the driveway, or are you referring to the parking that will occur during construction, or are you referring to parking that will occur after the construction? REV. REBECCA WILSON: All of the above. It’s a very narrow part of the street. My house is at the bridge. When you cross over for St. Charles I’m the first house on the right after the bridge, so when I back out of my driveway I have sort of a clear view for about two houses down, but then it curves, so I’ve got a blind curve when I’m backing out and I’ve got to be very careful. And I see LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 93 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 walkers, bicyclists, and the high school students speeding through there every morning and every afternoon. My concern is with all the added distractions, in addition to the driveway with the steep slope and then coming up, it’s going to be very difficult to see with that little curve that comes around before the driveway going this way, because that’s where the traffic comes and goes, right in front of that area. So that’s my concern with it: safety. VICE CHAIR KANE: Thank you very much. Thank you, Reverend. If there are other speaker cards that need to come in, this would be a good time to do it. Melanie Kemp followed by Ken Lown. MELANIE KEMP: Good evening, I’m Melanie Kemp. I live at 174 Cuesta De Los Gatos Way. I’m part of the Bella Vista townhome project that’s at the foot of this development. I came here tonight to talk to you about the quality of life in this neighborhood here, but there are other concerns that I’ve had here, just listening to what’s going on. One of the biggest concerns that I had that I can speak to, I can attest to, is the privacy issue, the lack of privacy that this development would impose on the Maggi Court owners. I speak to you from experience. I’ve been a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 94 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 real estate agent for 40 years; every year, full time, for 40 years. I’ve sold 150 Maggi Court, and I’ve sold another house on Maggi Court before. I can tell you that I’ve stood on that balcony of 150 Maggi Court, the balcony right outside their master bedroom. I have also gone up to the top of this hill on Bella Vista and have walked down to where this house is going to be built, and I can tell you that you can look directly onto that master bedroom deck, and directly through that sliding glass door to the bed at 148 Maggi Court, the Williamson’s house. I mean I just can’t even imagine having to have my drapes pulled in my bedroom during the day and during the night, lest someone be able to look into my master bedroom. And the house next door, 150 Maggi Court, been in that house many, many times too. If you’re standing at that kitchen sink on a Saturday morning having a glass of juice in your nighty, you’re going to look directly up at the master bedroom of the new house being built. I just can’t imagine the loss of privacy these people are going to have. From a sales standpoint, as a realtor, it would be very difficult to get buyers on that master bedroom balcony looking up at a house that’s 30’ away; it would be very, very difficult, and no way really to screen it. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 95 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 As a developer in Cupertino and Saratoga I’ve built several homes, and I can tell you that I’ve been before planning commissions many, many times. The last time I had to go before the Saratoga Planning Commission five times for them to approve the right shade of gray for the house I was building at the top of Parker Ranch. They certainly used their good judgment, their discretion, and certainly their wisdom to decide where and how the rules should be applied. So I’m asking you to use more than the intelligence of looking at the engineering reports here, but I ask you also, in your wisdom, to make a decision that’s right for this entire neighborhood and not allow a developer, profit making, to supersede the privacy issue of these private residents. Thank you. VICE CHAIR KANE: Thank you. Questions? In the form of a question, privacy is an issue, and the proximity is real, but do you know that something is likely to go there? MELANIE KEMP: If this house is built, I assume something is going to go there. VICE CHAIR KANE: It’s a buildable lot, so your argument is going to extend to anything we put up there, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 96 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 unless we put conditions on windows and heights, which we could do on this structure as well. MELANIE KEMP: I understand. You know, this house poses a problem, I believe, from two standpoints. You’ve got for some reason a house that’s not considered a three- story house, because the lower level is considered by definition a cellar, but from a practical standpoint, I will tell you, from a real estate standpoint, from 40 years, if I am on the bottom side of that, if that has three levels, it’s a three-story house from a functional standpoint. VICE CHAIR KANE: Thank you very much. Ken Lown followed by Mary Ann Lown. KEN LOWN: Ken Lown, 156 Maggi Court. There are just a couple of things I want to say tonight, because most all of the speakers here have been much more eloquent than I am. The Hillside Standards. The project, if you take it at face value, maybe it complies with all the Hillside Standards, and there’s an awful lot of debate about that. I personally think there are areas that perhaps it doesn’t, but it’s right at the limit. I believe the Hillside Standards have verbiage in there that talks about you may not be allowed to build to the maximum FAR, which I think LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 97 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 suggests that the Planning Commission, the Town, has some discretion over the regulations. I don't know what that discretion is based on, but I would assume it would be based on a lot of the factors that have been talked about here tonight and have been talked about in many of the letters. The other comment I want to make is in mass and scale. The words that have been used are “significant reduction.” Well, I always think about compared to what? It’s been compared to the other two homes, but if you look at it from the perspective of the people living at that corner location at Maggi Court, it hasn’t reduced in mass and scale from that perspective. From that relative perspective it has increased. We had people talk tonight. It’s about 1,500 square feet of wall; some of it is recessed, some of it is patio, but it’s 1,500 square feet, so it’s huge relative to that site and I think relative to the proximity of the Maggi Court homes. There’s just one other thing I want to talk about. I’ve lived in a lot of places over my life. I grew up in New York City, and granted it was Queens; it was in the suburbs. I’ve lived in Boston. I’ve lived other places in California. I have never lived in or seen a home where there is direct line of sight between two homes into LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 98 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 somebody’s bedroom. That’s really all I have to say tonight. VICE CHAIR KANE: Thank you. Questions for the speaker? Well, Queens may be Queens, but you should try Brooklyn, because we’re looking at everything all the time. KEN LOWN: Well, that’s where my mom grew up was in Brooklyn. VICE CHAIR KANE: Bless your mom. Mary Ann, and Laura Williamson. You’re coming together. Okay. LAURA WILLIAMSON: Good evening, my name is Laura Williamson. I live at 148 Maggi Court with my husband and two small children. We have a petition here today. If it’s okay, could I come forward and give you copies? MARY ANN LOWN: Hi, I’m Mary Ann Lown; I’m at 156 Maggi Court. I’d like to read what’s on the petition. We circulated it, Laura and I, and I want to make note that we only went to homes in our own complex or on Bella Vista, and we collected 62 signatures, and every single person we talked to signed willingly and quickly. They did not question it. They were quite surprised when we talked to them. They said comments like, “I can’t believe somebody could build there.” “I thought it was denied before. Why will it be granted again?” “I never thought it would be an issue,” and they quickly signed, so please do look at the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 99 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 addresses and see that these are all local, all around our area. It simply says, “We, the undersigned, the neighbors of the proposed 341 Bella Vista Avenue project, have significant concerns about this project, including bulk and mass, privacy intrusion to the downhill neighbors, removal of protected trees, road safety during and post development, road closure, and traffic management during development. The application should be denied. Thank you for protecting our neighborhood.” VICE CHAIR KANE: Thank you. Questions for the speakers? Thank you very much. MARY ANN LOWN: May I ask you one more thing? VICE CHAIR KANE: Yes, ma’am. MARY ANN LOWN: I did not get a letter from Dan Ross, but I did agree to speak to him when I was up here last time, and I changed my mind when I heard his attorney say that they were not there to protect the neighborhood, and I felt very disingenuoused by that. We did speak with him in the hallway a little bit, and I did meet with him in person another time back, but I could see we’re way far apart in our opinions and I didn’t see us coming together. VICE CHAIR KANE: Thank you very much. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 100 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 LAURA WILLIAMSON: Just to reiterate, they’re all 62 signatures, which is basically all of Maggi Court, Cuesta De Los Gatos, and the majority of the area affected on Bella Vista. Thank you. VICE CHAIR KANE: I have one more speaker card from the public. Janet Carmona. JANET CARMONA: Hi, I’m Janet Carmona, 160 Maggi Court. I just wanted to bring up the fact that the proposed home does not fit with the neighborhood. It is modern in form, and it does not look like anything else on Bella Vista, or on Maggi Court, or on Cuesta, or anywhere nearby. Like I mentioned in the past, it looks like shipping containers stacked on top of one another. I do have a question. Why do we find ourselves here again? The reason is that we are dealing with a developer that refuses to accept no. I get it. Being in the red may force them to seek a bailout. We’ve seen it. I appreciate his right to build, but that does not mean authority to build. This is a risk you assume and understand as a land developer. I appreciate his persistence, but what I do not appreciate is the attempt for a bailout by the Town of Los Gatos and existing Maggi Court and Bella Vista residents. The Town nor its residents LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 101 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 in the business of bailing out developers that make unwise, risky decisions. The decision should be clear. A no vote is a right vote. Thank you. VICE CHAIR KANE: Thank you. Questions for the speaker? Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you for your comments now and at the previous hearing. I just had a question for you. Getting back to the lack of dialogue between the neighbors and the Applicant, could I ask, was this your writing that you… JANET CARMONA: That is my name. My concern, as it has been brought up, was the attorney’s dialogue when he was up here saying that we shouldn’t be protected, that our voice really doesn’t matter. I find it difficult to have a genuine dialogue with anybody who is coming up here and making such comments. COMMISSIONER HANSSEN: Okay, thank you. VICE CHAIR KANE: Thank you very much. Seeing no other speakers, I’m going to invite the Applicant’s representative up. Counsel, you’ll have five minutes. Mr. Hechtman, right? BART HECHTMAN: Yes, thank you. Vice Chair Kane and Members of the Commission, Bart Hechtman, again. I LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 102 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 wanted to address a number of the points that have come up, and I’ll try to move through them quickly. The first point is I just wanted to show again these pictures of 52 Oak Hill. There was some confusion about whether it’s on a slope or not. It is on a steep slope. That’s the same house from downhill, and that’s from the top, so it’s going down that hill. Also, the Glen Ridge house, which is under construction, again, is on a downslope. This house, as I pointed out, is being built right next to the Ross’s current house and it will have views into the three bathroom windows at the Ross’s house, and the living room. It’s a fact of urban living that you’re going to have some impacts to visibility. I point out that—and I’ll get to it later—we have a landscaping plan that proposes a lot of trees, and again, I think that some of the fear here is this fear that the house denuded of all trees is going to loom, when really the landscaping will play a large role, as it does throughout the neighborhood. I wanted to point out that there has been a lot of talk about the slope of the driveway, the 15%, and I just want to make sure you all recognize that there’s a relationship between the height of the house and the slope LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 103 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 of the driveway. Though the house could be lifted up to make a flatter driveway, when you do that you increase the elevation in relation to the townhomes below it. Mr. Ross was encouraged to push the house down, and he has done that as much as he could, and really the limiting factor was that 15% driveway slope. The patio, I just want to clarify that that patio on the south end is there as the platform for emergency access. That’s necessary; you need to have escape routes from this house, as are the exterior stairwells. The house has interior stairwells; they will move about during the day inside, I want to clarify that. But having that small patio there, the other thing it does is it minimizes the need… Because all these houses need some open space for use of the people that live there, having the patio there on the south side where it’s fairly secluded keeps it from being on the north side, where it would be closer to the townhomes. There’s a reference to the Fannie Mae definition of cellars. I just wanted to be clear, as far as I understand, the Town has not adopted that; it has it’s own definition of cellars, and it’s been applied here. I’m going to let your Staff address cellars, but I did want to point out that part of the issue here, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 104 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 of the slope, and I’m sorry this will sound foolish, but the house has to hit the ground at the bottom. Town codes don’t allow you to use stilts, as I understand it, and so you’ve got to fill that space, and I think that’s part of the co-dynamic that was thought through over a lot of time before they came up with these definitions. I wanted to point out that the driveway proposed on Bella Vista is the longest driveway on that side. I mentioned before, that the mouth has been widened, and so we are maximizing the safety. Obviously, the Rosses are going to live there and they’re concerned about safety. I wanted to remind you again that there is a Condition of Approval that requires the site distance; I want to say it’s Condition 66. There was a comment mentioned a couple of times in the letters and again here that I had made a statement that we’re not here to protect the neighborhood. You can look at the tape. What happened was one of the speakers last time said, “Planning Commission, you are here to protect the neighborhood, not the Applicant.” My response was, “That’s not quite right. You’re here to apply the code and to balance the rights of the neighborhood and the right of the property owner,” and I don’t want that misread as a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 105 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 reason why people didn’t come to see Dan Ross, because that’s not what I said. With that, we’re available to answer any questions now, or even if you close deliberations and find you have need, we’re here, and so I request your support. VICE CHAIR KANE: Thank you. Do we have questions for the speaker or any of the team members? Commissioner Hudes. COMMISSIONER HUDES: I’m trying to understand the driveway situation. You said that the driveway has been widened. Has it been widened since the April meeting, and if so, have we been provided with a drawing that shows the current configuration of the driveway? BART HECHTMAN: I’m pulling in the wrong direction trying to get to the two diagrams that we have that show. COMMISSIONER HUDES: Could you clarify which drawing shows that you’ve widened the driveway? DAN ROSS: You can see the bottom part of this image? COMMISSIONER HUDES: Is that a new drawing, or is that the drawing that was submitted in April? JOEL PAULSON: If we can get Mr. Ross to pick up the microphone when you’re speaking. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 106 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 DAN ROSS: I believe this image here is the new drawing, and it’s a slight variation, but the point is that we can open up the mouth of the driveway to make it possible to back out into the southbound lane more easily. I also want to point out that this driveway is 46’ long. The bulk of the driveways on that street are anywhere from 12’ to 18’ to 24’; it’s almost double the length of most of the driveways on the street. We’re also preserving the two parking spaces adjacent to our lot. I don’t want to go too off topic here, but the yellow image above is the old footprint of the old home that actually shows the house closer to the neighbor. The new plan is the gray area. It shows the house farther from the neighbors. COMMISSIONER HUDES: When you say old and new, are you talking about April and May, or are you talking about 2011? DAN ROSS: The images above are 2011, the two houses. COMMISSIONER HUDES: What I’m trying to understand, we were presented with material for the April hearing that included a diagram of the driveway, and in the letter… LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 107 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 DAN ROSS: Yeah, I’m sorry, I went a little off topic there, but you’re speaking of two images here; I didn’t want to confuse people. But you’ll just see on the north part of that driveway. COMMISSIONER HUDES: Which drawing, A-1.3? DAN ROSS: Right here. This used to be straighter, so what the architect did was he’s curved this to allow cars to back out more easily this way and then head southbound. Before it was this way, so it was a little awkward to get the tail of the car out, then get it out into the lane. This way it’s going to be easier to keep it closer to the southbound lane and then go southbound. If you could picture it before, it was a straighter image. COMMISSIONER HUDES: This is what I’m having trouble with is that I don’t believe we had that drawing in the package in April, and we certainly don’t have it now. DAN ROSS: Okay, so this is new. We’re trying to introduce improvements. You see on your regular plan set on 1.2 or 1.3? COMMISSIONER HUDES: If you could provide us with a copy of this, because I will have some questions of Staff about the driveway and parking. If this is what you intend to submit, it would be helpful to have a copy of it. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 108 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: Commissioner Hudes, are you happy for the moment? Commissioner Hanssen. COMMISSIONER HANSSEN: I had a follow up question about the driveway. We live up in the hillsides, and we actually have a house across the street from us that’s down and they have a driveway that slopes down, but they have a place outside their garage where they can turn around so they don’t have to back out. Is that an option here? That would mitigate a lot of the safety concerns if you didn’t have to back out. DAN ROSS: I know of a home on Alpine that did that. It’s not out of the question. COMMISSIONER HANSSEN: Thank you. BART HECTMAN: I’ll just augment that. The civil engineer, Terry Szewczyk, is here. He’s familiar with the site conditions, and he says it’s something that could be accomplished. VICE CHAIR KANE: Other questions? Commissioner Erekson. COMMISSIONER EREKSON: Whoever of the team can best answer this question, you can choose. Can you help me understand how the landscape plan that you’re proposing, just walk me through, will address the privacy issues for LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 109 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 neighbors down below? If someone can do that, that would be, I think, very helpful. DAN ROSS: Can you reference the landscape plan in your plan set there? BART HECTMAN: There should be a landscape plan in the plan set. You want me to walk you through it? COMMISSIONER EREKSON: Yeah, just walk us through. Walk me through how the landscape plan, because that’s part of… DAN ROSS: In our Letter of Justification, we have stated that we want to work with the Town and the neighbors to arrive at a tree and plant plan. In the past we’ve heard conflicting information where our houses are too tall and they’re going to create too much shade, or anything we plant might create too much shade, so in our Letter of Justification we stated we want to work with the Town and work with the neighbors to plant appropriate shrubs and trees that would get at a height that would screen, but not get so tall it would create more shade for the neighbors. David Fox is the Town Landscape Architect, and he prepared our plan. He’s very familiar with approved plants and trees, sun patterns, and what would do well in that zone. Does that help? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 110 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’m trying to say is we want to help with everyone to plant something that’s going to provide screening, but not be too tall, or if neighbors elect that they want something that’s going to be taller, we’re open to that. We’re flexible in what the planting choices would be. COMMISSIONER EREKSON: I appreciate that answer, but you don’t have a specific plan now that you can describe to us about… DAN ROSS: The plan is in your plan set. Or, go ahead; I’m sorry. COMMISSIONER EREKSON: …that would help us understand. I’m just giving you the opportunity—if you don’t want to take the opportunity, that’s up to you—to walk us through how the landscape plan helps address the privacy issue that has been mentioned by several of the neighbors. DAN ROSS: Let me grab the sheet and we’ll go through the planting schedule. On the plant schedule, he has itemized trees and shrubs that are Town approved that he feels are appropriate for that border. You can see the quantity there from the whole length of the parcel. I can add them up. It’s 8 Western Redbuds, 19 Toyons, and 26 California LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 111 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 Coffeeberries. That’s what’s been done to date from David Fox, who does all of his work in Los Gatos. He’s open, and we’re open, to any amendments. BART HECHTMAN: Let me just try to answer it a little more directly. You can see that the homes on Maggi Court are shown here. These larger circles are the trees, the 8 Redbuds that were referred to, and then in its typical landscape design, to fill in the gaps with shrubs. I can’t read this. I think one is 19 and the other is 26, shrubs that fill in the gaps between the trees to provide screening along this entire edge. COMMISSIONER EREKSON: You’re confident they would be of sufficient height that they would mitigate against the privacy issues that have been described? BART HECHTMAN: Well, the trees, for example, are 24” box, and the shrubs are 5 gallon. That’s in the small print that is too blurry there to read. That’s sort of a standard size. It’s anticipated that they’re typically planted at a relatively small size and grow, but you pick varieties that will get to the right size. DAN ROSS: We’re happy to add a condition that would increase the quantity and size of bushes and trees as needed. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 112 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 EREKSON: Thank you very much, both of you. VICE CHAIR KANE: Other questions? Going once. Commissioner O'Donnell. COMMISSIONER O'DONNELL: Let me just follow up on that privacy issue, because what we heard tonight… Well, we heard a number of things on privacy, but one that I recall was because of the way this is designed, because of the lot as I understand, it has to be designed, a person with a three-story house down below, when you get to the third story it’s pretty hard to screen anything, because whatever you plant down below, the third story of one of these other houses is at least 30’ up in the air, so is there any way at all to screen? We’ve heard people in the kitchen in one unit, and we’ve heard in the bedroom in another unit, and those are third floors, as I understand it. Is there any way to all to screen those houses, those units, from the view up above looking straight down? BART HECHTMAN: In terms of if we’re thinking of vegetative screening, I think the answer is no, but what Dan was reminding me of is part of the concern is somebody up above is looking out and seeing me down below, right? COMMISSIONER O'DONNELL: Right. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 113 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 BART HECHTMAN: So there are techniques, like a frosted half-glass, for example, where the uphill, the Ross house, the window, which would sort of frame me like this, the bottom part is frosted. So I’ve got a view out above the house below, but I can’t look down into the house. You can do it with frosting; you can do it with vegetation planter boxes. Some people in this situation use a wood shelf kind of device, so it physically blocks. So there are techniques like that that can be employed, and I’ve seen them in other jurisdictions, to at least partially address the issue. COMMISSIONER O'DONNELL: Thank you. CHRIS HUNDEMER: One other thing to note is that the ground surface elevation where these trees will be planted is about 10’ higher than the ground surface elevation on the lower floor of the townhomes, so the first story of the townhomes is effectively mitigated just by the ground elevation, so the trees only have to get two-stories tall, not three, to shade the third story. VICE CHAIR KANE: Other questions for the Applicant? I have one, Counselor. In one of the letters that was sent to us, the most recent from Mr. and Mrs. Ross, there would seem to be the suggestion that the garage was not imperative and in fact they could eliminate the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 114 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 structure and park their cars there anyway, but what I took it to mean was if that would be a way to move the project forward—I’m not saying it is—but I’m just wondering if that’s in fact what I read, that the garage is disposable? BART HECHTMAN: The garage is not a mandatory element per code, but my understanding is in the absence of a garage a carport is; you don’t have to have covered parking. So our thought is that provides a more typical single-family home that keeps them from storing stuff outside when it can be inside, and our thought was that it overall was a better fit for the neighborhood and sort of a typical accommodation. I don't know if you have other houses in town that just have sort of a parking deck that’s open on top of a roof basically. VICE CHAIR KANE: So that is an option? BART HECHTMAN: Yes. DAN ROSS: Our concern was junk, and car noise and car headlights, if there’s no garage wall there. VICE CHAIR KANE: I was just seeking clarification on the letter. I thought it was an interesting way to end the letter and I wasn’t clear if that’s what you meant, so now I am. Other questions? Thank you very much. I’m going to close the public hearing. I’m going to look to my LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 115 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 Commissioners for discussion, debate, comments, questions of Staff, or a motion. Commissioner O'Donnell. COMMISSIONER O'DONNELL: Perhaps some of us may have questions of the Staff; I know I do. I’d just like to ask a couple of questions of the Staff. You began the meeting tonight giving us some answers to questions that you had seen come up before. I thought your answers were very clear. On the other hand, I listened to all the speakers, and notwithstanding what appear to be the declarative of your answers I was hearing different testimony. For example, there’s a fairly good- sized argument about is it a cellar or isn’t it a cellar? Would you remind me at least why you believe it is a cellar? MARNI MOSELEY: There are portions of that lower level that qualify as cellar, and there are portions that qualify as what we would call basement that are not exempt from the floor area ratio. As you look at the definition of cellar in our Town Code, as well as what is referenced in the Council resolution, it does not say that once it exceeded 4’ above grade that all of that area is excluded from the cellar discussion, it’s just the area that exceeds the 4’ above the existing or proposed grade. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 116 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: So your determination as to the square footage that should be taken into consideration did that; you decided what was above 4’ and what was not above 4’? MARNI MOSELEY: Correct, and that is shown in color on A-2.3. The purple is counted as floor area and is considered basement, and the blue is considered cellar per that definition. COMMISSIONER O'DONNELL: A follow up on that is in counting stories. You said part of that “cellar” area is a basement and part of it is a cellar, right? So in counting stories, shall we say, do we start with the garage as a story? MARNI MOSELEY: Correct. There are three stories. There is not a three-story elevation on this proposed residence. COMMISSIONER O'DONNELL: Take me through this. The garage is a story, is that correct? MARNI MOSELEY: Correct. COMMISSIONER O'DONNELL: Then you come to the first story as drawn in all the plans. MARNI MOSELEY: Mmm-hmm. COMMISSIONER O'DONNELL: Then you come down one, which is what? That’s not the cellar, is it? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 117 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 MARNI MOSELEY: So there is cellar/basement. That is a story. COMMISSIONER O'DONNELL: So the three—like the argument goes—stories would start with what mostly we call cellar, go next to the living area, then it would finally go to, at the moment, the garage. MARNI MOSELEY: Correct. COMMISSIONER O'DONNELL: So when the question is asked if you didn’t have the garage, you’d simply park the cars there. I assume that would take away a story. MARNI MOSELEY: Correct. COMMISSIONER O'DONNELL: Okay, thank you. VICE CHAIR KANE: Commissioner Hudes. COMMISSIONER HUDES: I just want to ask the question a different way, and that is what would make this into a three-story residence that was out of compliance with the guidelines? MARNI MOSELEY: So again, the Hillside Development Standards and Guidelines do not prohibit three stories, they prohibit three-story elevations. A three- story wall plane, similar to what you see down on Maggi Court, is a three-story elevation. Those residences have three-story elevations at those planes. Originally the proposed project had a full, I think, 7’ or 8’ wall plane LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 118 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 at the garage, and what you see currently is that sloped roof, which was brought down so that it didn’t have a wall plane, that it was a considered a story at that point, and it was pulled back and reduced. So they shifted the direction of the garage so that it was offset and didn’t create that three-story plane. COMMISSIONER HUDES: Could we put up A-1.4? That shows the elevation that’s visible. So referring to the current proposal, which is the one in the center, how is that not a three-story elevation, and how would it become a three-story elevation? MARNI MOSELEY: It’s hard to discuss that one, because we don’t have anything more than what you have in front of you. I don’t have enough information to talk about the wall plane that’s now exposed. That wall height from the previous proposed plans, assuming that it hasn’t changed, was only 4’9”, I believe, and we stopped counting floor area at 5’, anything once you hit 7’ down to 5’ per Town codes, so the discussion was because it’s brought down below 5’ it’s not even technically floor area and a story at that point. So that was the goal of the Applicant; by reducing that wall height, there is more of that wall height that’s exposed in that center section as a result of LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 119 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 revision. I don’t have enough information from their resubmittal to really analyze it along with you as far as how that would then become a three-story elevation, but I’m happy to talk about the current design that I have more information on. COMMISSIONER HUDES: Yes, please. MARNI MOSELEY: If you shifted the garage back around so that that flat wall plane, instead of just having a corner of it at that reduced height, if you brought that exterior, what you see the shingles on, if that came out and met the plane that you see along that edge, then you would have a three-story, because you’d have that upper story, the garage story directly attached and visible along with the plane of those lower two floors. COMMISSIONER HUDES: So because it’s recessed, it’s not considered part of that plane? MARNI MOSELEY: Correct. COMMISSIONER HUDES: Okay. That helps me immensely. MARNI MOSELEY: Good. COMMISSIONER HUDES: Because I kept looking at this and saying this is three stories. JOEL PAULSON: It is three stories. Just for a little clarification, it’s the wall plane, and a lot of LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 120 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 times on the 2-D elevations it’s tough to pick up those offsets, especially in something as uniquely designed as this. VICE CHAIR KANE: Commissioner Burch. COMMISSIONER BURCH: What we have in front of us tonight is a request to approve the construction of this new residence. Is the drawing that we’re being required to approve or deny based on what you just had, the middle diagram? Am I to understand though that that’s all we have? You don’t have anything in floor plan elevation with dimensions for how the floor plates are stepped back or anything? It’s just based on this? MARNI MOSELEY: If you were to request the Applicant to implement anything that was included in the materials from this evening rather than the April 13th materials, that’s all that we have. We’ve provided you with everything that we’ve received on their attempts to try to mitigate that additional wall plane height on that end of the house, but we don’t have anything more that we’ve been able to analyze. Those are elements that the Applicant is willing to implement, and Staff could be responsible for making sure that they address all of our requirements, if that’s something you’re comfortable with, but our LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 121 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 recommendation is in regard to the plans that you received on April 13th. COMMISSIONER BURCH: Okay, thank you. VICE CHAIR KANE: Commissioner Hanssen. COMMISSIONER HANSSEN: As a follow up to that point, back to the question I asked earlier. The floor area ratio calculation, it’s very clear in the Hillside Standards and Guidelines. Yes, the calculation that is in our Staff Report is relative to the complete square footage of the lot, based on 10,000 square feet versus 40% of that, which would be allowed, given the slope of that lot. So if I did the math the proposal on April 18th would not have been in compliance with the maximum floor area allowed, because it’s 1,401 square feet, and if you added in the 185 plus the 1,278, plus the extra 100 feet from the garage, you get something over 1,500. And now that they’ve proposed to take away 172 square feet, it would bring them in within 10’ of the 1,401 is what I calculated today, unless I missed something. So help me understand why we can even approve the thing from the proposal from April 18th. MARNI MOSELEY: Let me clarify a little bit, and it’s probably going to confuse you even further, because this site particularly as well as similar ones are convoluted when it comes to our FAR discussion. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 122 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 site is zoned R-1:8, and so it is subject to the R-1 FAR calculation; or because it’s in the hillside area, it’s also potentially subject to the numbers within the HDSG. What we do when we look at these sites that are R-1 zoned, not hillside zoned, but in the hillside area, we take worst-case scenario; we take the most restrictive. In this case the most restrictive is the R-1 FAR calculation, which has a separate allowance for garage than the living space, and so they never carry over like they do in the hillside. So it’s not a matter of you then have 100 square feet from the garage that then counts as living square footage, like you do in hillside zoning; you have a separate calculation for maximum allowable floor area for garage, and then a separate for living. The proposal from April 13th is compliant. It is just shy of it with that slope reduction, but you do not carry over the garage, 101 square feet for the 501 square foot garage, into the living floor area. Did that clarify it? JOEL PAULSON: Just for a little more clarification. For instance, if you look at page 20 of your Hillside Guidelines, for a lot in the hillside area that’s zoned Hillside, 11,000 square feet or less allows you a LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 123 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 3,800 square foot house and a 400 square foot garage. Obviously, that’s far less restrictive than using R-1:8; so that’s why Staff uses the R-1:8 in this instance, which is far more restrictive than the Hillside Guidelines. COMMISSIONER HANSSEN: I thought it was relative to the net lot area after you took away from the slope reduction. Is that not the case? MARNI MOSELEY: We don’t use the ratio from that chart; we use the maximum allowable floor area from that chart. COMMISSIONER HANSSEN: So you don’t consider the fact that this has a 50% slope, so you would have to reduce the usable square footage of the lot in calculating the floor area ratio? MARNI MOSELEY: You do, and we did, in providing the maximum based on the R-1 calculations, and that is shown on the cover of their plan set on sheet A-0.0. COMMISSIONER HANSSEN: Thank you. VICE CHAIR KANE: Commissioner Hudes. COMMISSIONER HUDES: I’d like to step through maybe three or four points that are raised in Mr. Williamson’s letter, because I think that letter converges a lot of the issues, so I want to maybe quickly step through it. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 124 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 first one talks about what can be built on this and the fact that the site has no LRDA. Does the fact that the site has no LRDA impact what can be built on this site, according to the Hillside Guidelines? MARNI MOSELEY: The Hillside Development Standards and Guidelines give direction as to how to analyze a site to determine where the least impactful development location on that site is, given its constraints. It gives direction as far as slope, which usually is looking at development on slopes less than 30%, but it doesn’t mean that there isn’t an LRDA as far as determining that there’s a least restrictive location on that site that’s least impactful for that site to be developed on. There are many applications that have been considered by the Commission and the Council in the past where based on the constraints of a site, developing slopes greater than 30% is the least impactful location, and so that is within the purview, and again, it’s a guideline as far as analyzing that LRDA. COMMISSIONER HUDES: Thank you. The next point that I wanted to jump to is number 3. It says that, “HDSG says that buildings shall not be prominently visible to surrounding properties.” Did you address that issue, and could you explain whether that applies, or not? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 125 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 MARNI MOSELEY: Each site, again, is you’re looking at what is prominently visible, given the constraints of the site. Some sites, you can’t mitigate that, and based on where the least impactful location to develop would be, you’re going to be somewhat visible to some locations, and that’s something that you look at. This site, they did look at trying to move the proposed residence so that existing trees screen it. It will be maintained, providing additional screening, but it’s a constrained site. There is nowhere on that site that you’re going to be able to develop, and not have it be visible from adjacent residences. COMMISSIONER HUDES: But the statement is that, “buildings shall not be prominently visible to surrounding properties.” JOEL PAULSON: The Planning Commission has the ability to determine what prominent is, so if this is too prominent from the Planning Commission’s point of view, then a smaller home may be still visible, and depending on who you ask, still may be prominently visible, but may be more acceptable to the Commission, so that is definitely in your purview for discussion. COMMISSIONER HUDES: Okay. I think we addressed the FAR and the stories. The other point was about trees, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 126 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 and page 2 of 3 at the bottom talks about a large oak is a heritage oak. Is the tree in question a heritage oak? If so, have procedures been followed regarding those kinds of trees? MARNI MOSELEY: We do not have heritage definition in our Town Code. JOEL PAULSON: This tree is not a heritage tree. Heritage trees were defined in the revised Tree Ordinance, however, there is a process for when trees are going to be determined to be heritage trees, and that process has not been set forth yet. COMMISSIONER HUDES: And then point D on page 3— this is my last one—says, “Does this project require an erosion control plan before construction begins, consistent with General Plan policy?” What’s your opinion about whether an erosion control plan is required and is required at this time? MARNI MOSELEY: It is a requirement. It is a Condition of Approval as far as determining exactly how that’s implemented. The grading and drainage plan is kind of the first step in that process. The erosion control plan will be hammered out as part of the construction management plan, which is a Condition of Approval. COMMISSIONER HUDES: Thank you. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 127 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: Commissioner Hanssen. COMMISSIONER HANSSEN: A follow up question on this idea of the Least Restrictive Development Area. I might have thought to ask the Applicant this as well. Was any consideration given, or is it even feasible, to have the house closer to Bella Vista in terms of elevation, having more of the house up the hill? Although people would be able to see it on Bella Vista, it wouldn’t be as prominent, and then it would be less prominent down the hill. Does my question make sense? MARNI MOSELEY: The house is set back at the closest front setback per Town Code, so to bring it closer to Bella Vista would require a variance. The driveway width, or depth, was part of the discussion previously. They requested a variance previously for that, and so as you bring the house closer to Bella Vista you’re increasing the height, because again, you’re dealing with bringing it down to the existing grade, so there are a couple of factors in that. COMMISSIONER HANSSEN: Just to make sure I read the original Staff Report, the depth of the lot is a nonconforming lot, so they have less options in terms of complying with setbacks and moving the house from front to back? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 128 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 MARNI MOSELEY: The project does comply with the required setbacks, but it is nonconforming as to depth. VICE CHAIR KANE: Commissioner Erekson. COMMISSIONER EREKSON: The driveway as proposed has a 15% slope, which is consistent with the Town Code, but there have been concerns expressed about site lines and so forth, so in developing that part of the Town Code, does it presume that a 15% slope of a driveway, if one backs out at a reasonable speed, provides adequate sight line? So how do I think about whether the slope is affecting the sight line? MARNI MOSELEY: The 15% slope is from our Hillside Development Standards and Guidelines, and it doesn’t directly speak to visibility constraints. There’s a separate section in the Hillside Development Standards and Guidelines that discusses that, but Staff would be responsible for analyzing and making sure that there is a clear line of sight. VICE CHAIR KANE: Let me ask a question on that point. On page 58 of the Mitigated Negative Declaration, it goes into the very problem of cars backing out when you have to rate it as serious, not so serious, and that sort of thing, and there’s a category. This thing is 80 pages, but there’s a category in there that says, “Substantially LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 129 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 increase hazards due to a design feature, sharp curves, dangerous intersections, incompatible…” et cetera. This is marked, “Less significant with mitigation incorporated.” There are four of them and this is the second worse. What that means is you have to give mitigation incorporated, and that seems to be given on page 58, Mitigation Measures, under the heading Transportation and Traffic, and this is, “horizontal stopping sight distance,” which is what I think we mean by can I see where I’m going when I’m backing out? “Demonstrate to the satisfaction of the Town Engineer that adequate horizontal stopping sight distance exists for the project driveway in each direction on Bella Vista.” It goes on and on and on. But I’m wondering if we have a report from anybody to say that this has been done, is going to be done? I have the same concerns a lot of people have of it just doesn’t seem like a good idea to back out going up a 15° slope when maybe my trunk is higher than my window and I can’t see the traffic on the blind driveway. Do we have someone to address that? MARNI MOSELEY: The mitigation measure requires that that be completed prior to issuance of building permits. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 130 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: Well, how do we know it’s going to be achieved? JOEL PAULSON: Mr. Weisz is here, so he may have some additional input from Parks and Public Works. VICE CHAIR KANE: Sir. MIKE WEISZ: The items that you just listed are included within Condition 66, so that confirmation of adequate horizontal stopping sight distance should be confirmed before permits. VICE CHAIR KANE: And if they don’t get a permit, this whole thing falls apart? Well, wouldn’t it be logical to see if that permit was going to be awarded before he tries to build a house? JOEL PAULSON: That is one way, but we don’t handle all mitigation measures prior to planning discretionary approval. Then you’d have to go through every single mitigation measure and do it before the Planning Commission approves it, or Council or Staff. Staff is confident that they’re going to go through the necessary analysis, and then should that analysis come back that it’s not feasible to have that sight distance, then we’ll have to look at other feasible mitigations to address the sight line issue. The horizontal stopping distance isn’t for the people backing up, it’s for the people traveling on Bella LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 131 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 Vista, making sure they have enough time to stop if someone is backing up, as I understand it. VICE CHAIR KANE: This also talks about line of sight. Isn’t that the person backing up? JOEL PAULSON: Line of sight is for the horizontal stopping distance, so the car driving down Bella Vista has line of sight to someone potentially backing out of the driveway. VICE CHAIR KANE: I got that. So it doesn’t apply to the person backing up? JOEL PAULSON: Correct. VICE CHAIR KANE: Fascinating. MARNI MOSELEY: Just to clarify, the driveway is actually at the farthest point on the lot, and so you can’t create location on the property that provides a better location or safer stopping distance. VICE CHAIR KANE: Commissioner O'Donnell. COMMISSIONER O'DONNELL: This question was somewhat asked previously, but I want to pursue it, and that is when you look at the plan and you look at the length of the house, including a quasi-cellar, and you look at it from the street above, it certainly would appear that if you were to build the house up so you had a normal first story—I say normal, not just a garage—facing the street LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 132 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 like all houses normally do, you would cut the length of the house going down the hill, because now you’d have a story above the declining portion of the hill. From your answer though, I thought: One, has that been looked at? Two, is there some reason that that’s just not possible? Again, when I look at this, I don't know what you can build there without it looking big, and if you’re down below you can build a much smaller house and it’s still going to look big. But the higher up you go, and I don’t mean to be very high, this house, it almost recesses below the street, and I’m wondering is that because you have to do it that way, because of the site configuration, or could it be higher up? MARNI MOSELEY: That has to do with how the Town measures height, and that is from existing grade; you’ve got to deal with the existing grade and topography of the sight when you’re looking at building up. Even if you did stilts, you’re still dealing with the existing grade and measuring that height. So whether you put a cellar down on that lowest level or leave it open, you’re still having the same height discussion, so they’re constrained by that as far as that upper level. JOEL PAULSON: And I think to clarify, yes, theoretically where the garage level currently is, that LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 133 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 could be house level, but what you run into then is how do you get a driveway that doesn’t require a variance even to get parking there? COMMISSIONER O'DONNELL: I’m not pursuing that. JOEL PAULSON: It could be pulled up, and then theoretically you end up with the stilts scenario, depending on whether or not they’re able to put a cellar under the new first floor level, or they’re asking to exceed the FAR. I think it’s technically possible; it just creates other issues that have to be evaluated. COMMISSIONER O'DONNELL: You would not necessarily need stilts, I assume, if you had a cellar down below the living area. JOEL PAULSON: Yes, that correct, but I don't know if as you move it up the hill whether that cellar component still is viable or not, so we’d have to look at those plans. COMMISSIONER O'DONNELL: All right, thank you. VICE CHAIR KANE: I have a question of Staff, and it’s like my perennial question. It goes to page 38 of the Hillside Guidelines. I seem to spend a lot of time trying to understand what step-down means, and we’ve argued about this a number of times, and I’ve got this concept of step down like an Slinky; it goes down a stairway like this. I LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 134 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 didn’t know that I could have three Slinkies. I’ve been here six or seven years, but that’s news to me. Be that Architecture and Site it may, when I look at even the revised proposal, even if I forget the garage for a second, I still see two stories on top of each other; I don’t see any step-down. Why is that a step-down? Why isn’t it three stories? Why is that a basement? I’m trying. JOEL PAULSON: We talked about those things, and obviously when you have a cellar element; you’re not stepping down. VICE CHAIR KANE: This cellar has sliding glass doors that allow people to walk out of it without bending over. JOEL PAULSON: Which is not uncommon on sloped lots, but if the Planning Commission does not believe that that’s appropriate you have the purview to say that that’s not appropriate and you want to bury it. VICE CHAIR KANE: It’s in our purview, right? Purview is the word. JOEL PAULSON: Yes, of course. VICE CHAIR KANE: All right. JOEL PAULSON: As with any of the topics. VICE CHAIR KANE: I’d like to see what Tom was driving at, which was if we got the thing up higher and LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 135 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 stepped it down with two floors and a garage on the side and a smaller scale, it seems like it would start to fit with these objections. I’m not getting a lot of support to get there, because suddenly that’s a cellar, and that’s not a three-story, and this is 24’ of straight up and down step-down, and it’s not, to me, but what do I know? JOEL PAULSON: Sure. VICE CHAIR KANE: Other questions of Staff? Commissioner Burch. COMMISSIONER BURCH: This isn’t going to be a question of Staff. This is going to be taking that conversation just a step further. In looking at this, I understand Commissioner O'Donnell was just discussing as far as if we did move it up the hill, but I would like to just point out to my fellow commissioners that one of the largest aspects of the conversation was had today for privacy for the people down the hill, and essentially what you will do is take perhaps what was a screen and walk out off the cellar. You’re actually going to move that up the hill and we’re going to create probably even more privacy issues, so it’s just moving a door now up. So before we go too far with that conversation, I just want to bring the line of sight in conversation so that we understand that. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 136 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 don’t think whatever structure goes in there will not be privacy issues, because of the intensity of the slope. We need the Italian Cypresses to go straight up and down for 30’ and bunch them together. Regardless of where the house goes, it will be an issue. You’re correct, it’s more of an issue if we move it, but we pick up some other benefits if we reduce the mass and scale. Commissioner O'Donnell. COMMISSIONER O'DONNELL: Back to the step-down, when I look at the diagram, which is section 2, and I’m looking at my friend’s diagram here… COMMISSIONER BURCH: Tab 2. COMMISSIONER O'DONNELL: …Tab 2, it does appear to be a step-down, so I’m wondering definitionally, do you view that as a step-down? I’m looking at the side view, which is where I determine a step-down. MARNI MOSELEY: Yes, because the cellar element at that point is hidden. We look at what you see visibly, and so that would follow that. But again, as Joel had mentioned, it is in the purview of the Commission to disagree with that. JOEL PAULSON: Vice Chair Kane brought up page 38 of the Hillside Development Standards and Guidelines. Those LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 137 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 don’t show a cellar element, so if these houses had a cellar element, obviously the cellar element is not going to step down, because it’s going to go below whatever is above it. COMMISSIONER O'DONNELL: When you say the Planning Commission can disagree with it, what are we disagreeing with? What I guess I’m wondering is it’s one thing to say we don’t like it, it another thing to say we don’t like it because it’s not a step-down, when if you look at Section 2, if that isn’t a step-down I would be very, very surprised, because the drawing suggests it clearly is a step-down. So I want to know what you’re saying. Are you saying if you determine that to be a step-down, that if you don’t like it you can turn it down? I don’t understand our jurisdiction to be we don’t like something and therefore we can turn it down. JOEL PAULSON: I guess I’m not saying you would turn it down because of that one specific site, but the Commission, Mr. Kane clearly has expressed that he has concerns that it’s not stepping down, and so then when you go to the diagram that he pointed out on page 30 of the Hillside Guidelines, it looks like it steps down internally. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 138 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 challenge with this site is the floor depths, given the setback constraints and the slope of the site. It’s 20’ wide, so the living area is 20’ wide, so you’re clearly not going to step down in a 20’ wide room as you would maybe in one of these more sprawling ranch houses where you can have the ability to go down a gentle slope. This does not have a gentle slope, so stepping down in that traditional sense, I think, is impractical on this site. COMMISSIONER O'DONNELL: We’ve also discussed today, and I think we’ve got some good comments, the question of grade versus degrees, I guess, and we have written evidence produced by the Applicant talking about how they did measure either degrees or the grade. On the other hand, a fairly intelligent comment by the gentleman sitting out there who was saying that’s got to be crazy, because when you look at it, it appears that it’s much greater than that. So I read both those things, I’m not an engineer; I’m a bit confused by that. You people, I believe, have made some judgments as to the accuracy of what you say in the report. Could you explain that again, why in essence you’re disagreeing with an intelligent member of the public who had a differing opinion? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 139 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 MARNI MOSELEY: Staff, based on all the documentation within our guidelines and standards refers to the slope, the average slope, the slope at any given point on the property. When you look at degrees, the difficulty is that you’re looking at two points and not all those points in between. The slope gives us all those points in between, so we’ve always used slope versus any form of degree discussion. COMMISSIONER O'DONNELL: Thank you. VICE CHAIR KANE: Other questions or comments? Anybody up for a motion? COMMISSIONER O'DONNELL: That was Staff. I leapt into the comments; because this is really I think, for me at least, a very tough matter. So if the Chair would allow me to make some comments so I could get some help. VICE CHAIR KANE: Comments would be great. COMMISSIONER O'DONNELL: Saying the obvious, to say how difficult this is. On the other hand, I guess what I’m troubled by is this is a buildable lot, or lots, so you either have one buildable lot if you put the two lots together, or we have two buildable lots if you don’t. That means somebody can build on that. Now, I don't know what they’re going to build—we have something before us tonight— LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 140 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 but it does occur to me that whatever they build there, they’re going to have the same privacy issue. And when we talk about traffic, you’re not going to build a house if it doesn’t have at least two cars in California, or certainly in Los Gatos. So instead of having the nominal two cars, and even that is nominal, you’re going to have the nominal four cars, which I don’t see as an improvement. My conundrum is if you start with the assumption that they are entitled to a house or houses, and then you look at this and say well let’s make it better—obviously you can always make something better—but unless you make it a tiny house, and at some point it will not be a house. I mean if I were the property owner I’d say that’s not a house; you’re not giving me the ability to build. I don't know when you cross over. But I guess what I’m wondering is, and I’m saying this to the people sitting around me if you assume they have a right to build, and if you assume further that certainly there was encouragement given to combine the two lots so you only have one house. It is not a done deal; it hasn’t been approved, so we could have two. The Applicant has now gone through this thing multiple times, and tried, I believe, to respond to the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 141 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 issues we’ve raised. I guess I’m just curious, what is it we could do reasonably to satisfy the issues raised, i.e. the privacy issue? And notwithstanding comments, there is no absolute right when you build a house that everybody has to have privacy. I’m sorry to say that, but the Constitution doesn’t speak to that. So I’m looking for help. If there’s something reasonable we could do to say yes, you can build, but not this house, I’d appreciate hearing something. VICE CHAIR KANE: Well, Commissioner O'Donnell, I agree, it’s a sticky-wicket, and in trying to figure out what, if anything, can be done I went to the Forward of the Hillside Standards and Guidelines, and it says the obvious, as has been stated by other people. “Not every site can be developed at the maximum density or intensity allowed by the zoning ordinance. Some sites cannot accommodate a two- story home or accessory uses…” Then it continues with, “It is beneficial to inventory the site’s natural physical properties. A site plan and design program should be developed only after the Least Restrictive Development Area has been identified based on a site specific constraints analysis.” Then it says, “It makes for good relations with your future neighbors if you meet with them beforehand to discuss any special concerns they may have prior to siting LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 142 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 and designing the house, landscaping, or making any significant site improvements.” Those three points are among the 12 philosophical introductions to what is our very important Hillside Guidelines, and I don’t think we’ve followed a straight road on that, and I think it takes us to the disappointing place of the answer to your question being that maybe the guidance you gave them last time it was here, you quoted in two or three of the letters (inaudible) that you asked for them to come back with smaller, and the Town Council said in 2011 combine it and come back smaller. Well, that’s not happening, because that’s not what the family wants or needs, so we do have a sticky-wicket, and I don’t see a way out in terms of what they want and need, and to give them what they want and need is going to drive that neighborhood crazy and cross a lot of gray lines, and some black lines, on what the Hillside Guidelines say. COMMISSIONER O'DONNELL: Let me just say to you that depending on how you do this, if you say you take two houses, make them any size you want, and add them together, because that’s the total impact, total square footage, and then you compare that to the one that is being proposed, that’s why we’ve got this Exhibit A-1.4. It shows the proposed house now at 1,436 square feet versus two homes, LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 143 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 which for illustration purposes were 1,600 plus 1,300. That certainly is a reduction, and a significant reduction. Or you compare it to the one they had in April, which was 1,558 square feet, and again 1,436 is a reduction. So they are reductions. Now, whether they’ve reached a reduction satisfactory to us, or whether we say it’s still too big, which obviously one could say, I’m just wondering how small do you make it where you don’t still have the same problems we have now? VICE CHAIR KANE: Yeah. COMMISSIONER O'DONNELL: If I lived down below and you had a 600 square foot house with a window looking down into my bedroom, it isn’t the square footage that causes me the problem, it’s looking into the bedroom. VICE CHAIR KANE: We can deal with that. COMMISSIONER O'DONNELL: We can deal with that, so I guess what I’m saying is whatever we do today, whether we approve this, or whether we sent it back to the drawing board, so to speak, or whether we deny it and they can appeal it, I don’t want us to sidestep the issue of is there anything that can be done with this lot, even if you put in a single story? Forget the whole thing, no cellar, you put in a single story, it will not have all the same issues basically that we’re having now, except the larger LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 144 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 view of that house. So if you’re looking at the house that’s being proposed, and say you cut it way down, obviously if you’re looking at that it’s going to be much smaller, but I don't know that it’s going to satisfy anybody. That’s enough; that’s all I’m going to say. VICE CHAIR KANE: I think you’re right. That’s the problem with having a very difficult site. I don't know how a growing family needing three bedrooms is going to make that square peg fit into this round hole. Anyone else? Commissioner Erekson. COMMISSIONER EREKSON: Over the course of the meetings that we’ve done there were a number of issues which people brought up, a number of issues that we asked for additional information about. It seems to me that some of those issues, at least from my perspective, have been put to rest. The concerns about the geologic and geotechnical issues, at least from my perspective to the extent that I understand them and so forth, have been put to rest so that there could be something built on the site that would be safe. So if you would, I can check that one off. There were concerns about the impact of construction on the site and so forth. The Town is reasonably good at developing construction management plans LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 145 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 and enforcing them. My experience would suggest to me that there is always some inconvenience to neighbors in a site where there is construction going on; there’s no way to avoid that. The Town tries to minimize that, but it can’t go away. So the Town is good at construction management plans, works hard on that, so I can check that one off. There have been concerns expressed about traffic, and certainly there are traffic issues on Bella Vista. Whether one builds this house or doesn’t build this house, the traffic issues, in my opinion, on Bella Vista don’t change very much. They’re serious, but building this house won’t either make them dramatically more serious than they already are, so it seems like to me there aren’t huge traffic issues, so I checked that one off. There were issues about trees. I would like for my friends the Coughlins not to have trees taken down across the street from them, but there is not an inherent right under the policies of the Town to say I can’t build on a site because there are trees on there. There are policies in place that allow for trees to be taken down and then replaced, and I would say all trees, like all of us, have a lifespan anyway, so those trees eventually will die, so if we can figure out ways to mitigate against them. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 146 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 would like to see there being no wires in town any place, like Dr. Coughlin suggested. I’m not sure that that’s something we can require in this circumstance, but I would note their point. So it comes down for me to the bulk and mass issue and the privacy issues. That seems like to me what’s left that we have to struggle with. I’ve been down to Maggi Court and walked up the hill, gone down to the bottom and then literally walked up the hill—I haven’t gotten arrested for trespassing yet, but I probably should have—and I appreciate if I lived in 140, 142, 144, 146, et cetera, that whatever is built there is going to be in my face, if you would. I’ve been struggling with trying to not to design myself, but I was trying to figure out how could I solve that problem? If I was smart enough, how would I solve that that would allow them to do something and mitigate it being in my face so much, and doing as much as one can to respect the privacy of both parties, the people who occupy the house that’s proposed to be built, and the people who will occupy the places down below? I don't know that the present one is a good enough solution to those two problems for me to applaud and say this is the best that one could do on this site. I LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 147 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 think they put a lot of effort into trying to address the remaining two issues, and so I struggled with what could be a better solution to it without shrinking the size of the house to what would be an unreasonable size that in a practical way would never actually occur? We don’t fiscalize our land use decisions, but certainly owners of property fiscalize them, so if I shrink the house small enough it will never happen, because it will never pencil out. To build a 200 square foot house on the place would never pencil out, so it would never happen. I’m intrigued by can we move the house up the hill so that there is one story above, if you would, viewable on Bella Vista, and one story more of less below the grade at Bella Vista. I understand, and we’ve been through some of this before, that may require consideration of a variance of the driveway, which is one of the complications for it. But I’ve been trying to figure out, is that a lesser evil, because it allows us to move the structure away from the people below potentially, but may require some things above? I’m also intrigued by is there no way that one can use vegetation, even if one plants trees in the setback area pretty close to the Maggi Court area? In other words, the landscape plan that they did did not suggest the trees LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 148 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 would be planted at the property line. They were inside of the setback, so if you pushed the vegetation back there, does that help with the privacy issues? So are there ways that one can begin to provide ways that can respect both parties and begin to address those issues. That’s enough for me for the moment. VICE CHAIR KANE: Well, I think it’s well said. With the exception of the traffic thing where we still need to do that Mitigated Negative Declaration piece with the Town working on the line of sight, yes, I support most of your thoughts. Commissioner Hanssen, did you have your hand up? COMMISSIONER HANSSEN: Yes. I agree with everything that Commissioner Erekson said. I wanted to comment about the issue of the bulk and mass. We talked a lot already tonight about the Hillside Standards and Guidelines, and there were references to not always building to the maximum floor area. This is an application where it is absolutely at the maximum floor area ratio, and on top of that it’s taking advantage of our Cellar Policy. It is what is it; they’re entitled to do it. But as it stands right now with the revised proposal, the actual floor area of the house versus the cellar that’s counted towards FAR would be less than LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 149 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 in the cellar, so this is clearly something that has pushed the very edge of the envelope in terms of our guidelines, and this is a lot that’s it’s very difficult to build on, and I don’t think that this is a situation where you’d want to build the biggest house you possibly can according to our guidelines, even if it is within the guidelines, albeit by just a little bit. I would say though that I share Commissioner Erekson’s concern as well that what would be the right thing that wouldn’t impact the privacy of the neighbors, and I’m not sure if there is a small enough house for that, but I do think that there is some room to make it better than it is. VICE CHAIR KANE: That takes us back to the letter from Dan and Deborah Ross that I was talking about earlier where the first paragraph says we want to do this, we want to do that, “alternative design to reduce bulk, square footage and still meets our family needs and requirements for a livable home.” That’s the sticky wicket. We could put a fine home on there, but it’s not going to have three or four bedrooms for a growing family. Everything Commissioner Erekson said is applicable and considerable, and I don't know what the hell to do. We can’t get a house big enough for them, because we’re still LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 150 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 left… He mitigates seven points; we’re still left with mass and scale and some restrictions in Hillside Guidelines. Commissioner Hudes, you had your hand up. COMMISSIONER HUDES: I was going through a similar checklist process and arrived pretty much at the same conclusion the other Commissioners spoke about. I think there was one other one relative to the geotechnical, it was specifically safety issues and the stability of the slope, and after listening to the engineers I’ve become convinced that the slope actually is likely to be safer after the construction of the home. It’s not a reason to give permission to build a home, but I believe that takes that one off the table from a safety perspective. The one that concerns me the most, which it hit me immediately and I spent a fair amount of time in Maggi Court, is the privacy issue. I just don’t think enough thought has been given to how to mitigate that issue, that maybe ideas would have come about if there had been community meetings. I feel that at this point the landscape plan is vague, it doesn’t describe the existing trees and how they relate to line of site, so I think that there is work to do in solving the privacy issue. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 151 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 personally am skeptical about moving the house up and solving that problem, because I think you might gain maybe another 5’ of separation between these properties, but you’re definitely going to be pushing the house closer to Bella Vista and getting into setback problems that may cause problems with the neighbors who are across the street, so I’m skeptical about whether that could solve the privacy issue. I believe that we had not enough information on the driveway, and I’m not comfortable getting a diagram during a hearing and being assured that that’s going to solve everything. If more work were to done on this application, I would suggest something serious about privacy, really get serious about it; and about the safety issue in accessing the driveway. The bulk and mass issue, I am less concerned about that, because I feel that direction was given by Council, and I think the Applicant has followed that direction, so I’m not sure what further direction we might give in that regard. I think that eliminating half of the area, which is essentially what they’ve done by going from two to one, is following that direction, so I’m not convinced that that’s an area that I would want to put a lot of effort in. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 152 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: Other comments? Commissioner O'Donnell. COMMISSIONER O'DONNELL: Your comments I thought were very well taken, but they also though would lead, for example, to saying go back and address these issues and then come back, which I’m sure they’d want to pull their hair out. What I wouldn’t want to happen, I think, is if we in fact have been able to reach agreement on many of these issues, then if you say to somebody these are the issues we think we need for information on, I’d hate to have them come back and then somebody says oh, by the way, in addition to those, let’s say, three things we needed help on, we want to revisit all these other things. That to me somehow doesn’t seem right. I honestly don’t know what the right square footage is, I just know that whatever they’re proposing now, they could take it down another 400 square feet, I think it makes no difference, except to them, and therefore in that sense it would be simply punitive. If there were some good to come out of it, then that’s different, but if it’s merely to make you feel better, then that’s not what I would want to do. What I would invite, I think, since I didn’t have those wonderful comments that you’ve made, if one of you LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 153 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 would like to make a motion clarifying that, if you need more information. I don’t think it’s unusual at all, maybe I’m wrong, that they didn’t submit a more detailed landscape plan, and we have a question now whether no matter what they submitted, could they more clearly address the privacy issue? We’ve also heard from Counsel, for example, that there are several things they can do on the privacy issue, so that would be something they could come back on. There has been one comment saying maybe this is the maximum and it doesn’t have to be the maximum. But again, I would like to say that even if it’s not the maximum, I’d like to know what difference it makes. So yes, it doesn’t have to be the maximum, but there’s no use saying just take some square footage off and take some square footage off. That having been said, I would support a motion, if you feel it necessary to get answers to whatever your questions are so we could bring some end to this. But that would mean, in my judgment at least, that as to the other issues, for example, that Commissioner Erekson identified the issues and said he was satisfied with this, this, and this, if everybody else is satisfied with those, I would like to think sort of the preamble to the motion would be LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 154 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 we are satisfied with those things, but we have these questions. Since I’m not making the motion, that’s merely something to think about. VICE CHAIR KANE: Well, Commissioner O'Donnell, I appreciate what you said. I may have misunderstood it, but my passion for protection gets heated up when you suggest that compliant is punishment. To bring it down to mass and scale to be more in line with the guidelines, I don’t see that as punitive. COMMISSIONER O'DONNELL: No, I just want you to understand my comment. VICE CHAIR KANE: He’s hitting my sacred cows; that’s all. It’s not punitive; it’s compliance. COMMISSIONER O'DONNELL: I’m saying if 500 feet would not address the issue you’re concerned with, then why do it? VICE CHAIR KANE: I didn’t ask for 500. COMMISSIONER O'DONNELL: I know, but I’m saying whatever you do on reduction, it has to address a problem. Not to do that is punitive. It’s not only punitive, it’s stupid, but that’s what it is. VICE CHAIR KANE: I just went from bad to dumb? COMMISSIONER O'DONNELL: Well, I was hoping you weren’t either, but if you want to plow into that. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 155 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: So gentlemen, if I can inject. I’m going to stop that right now. COMMISSIONER O'DONNELL: He’s not. I didn’t say he was. COMMISSIONER BURCH: Stop. VICE CHAIR KANE: Yes, stop. COMMISSIONER BURCH: I agree, we’ve been able to check a lot of items off the list, and I think that’s great. Commissioner Erekson and Commissioner Hudes, I appreciate you going through that list, because I trust you guys are going to take some really good notes so that it reminds of us which items we checked off the list so they don’t come back and haunt us later. But to this last sticky wicket, which is the bulk and the mass, and the privacy, quite honestly, yeah, I think there is some level of responsibility on us. This responsibility needs to go back to all of you. As difficult as it is to meet, this unfortunately has been slated as a buildable lot, and I need the neighbors to get together and to meet. It means you have vegetation; you come up with screening. You don’t like where the balcony is; you want half windows. It’s your moment to get it in there. We can keep coming up and we can keep sending it back, but I need them to have an input on this, because otherwise this is LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 156 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 spin, and what I’m afraid of is at some point some of these guys are going to retire. COMMISSIONER O'DONNELL: Or die. VICE CHAIR KANE: Now I’m dead? COMMISSIONER BURCH: No, you’re retired. You’re not dead, you’re retired, and what if something goes through? So yeah, I agree we can check things off the list, but I also, if we’re saying we’re going to see this again, because we think there (inaudible) change, I really, really wanted it to come back with some neighborhood input. I don’t want to make the decision for people. I don’t have all the other notes that Charles said. VICE CHAIR KANE: (Inaudible). COMMISSIONER BURCH: What Charles said. So my motion is Commissioner Erekson so eloquently put together a list of items that we are now going to say have been completed to our fulfillment by the Applicant. And Commissioner Hudes, sorry. However, we’ve still come to these final couple of issues, privacy, and bulk and mass, that I wish I could give some perfect kind of direction, but obviously we’re going to I guess say we’re going to continue this for something along that line? Is that what my fellow commissioners… LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 157 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: The advantage is that we’re in a corner of what we want to do, what we’d like to do, what we can do, and our authority is limited. It’s a quasi- judicial process. We’re adjudicating, we’re not legislating, and so there’s the legislative remedy, which is to listen to what we’ve said in all of our points, and appeal it. COMMISSIONER O'DONNELL: Could we simply be sure that we have hit the items that really the three of you have identified? Because that’s, I believe, what the maker of the motion is doing. COMMISSIONER BURCH: Is trying. COMMISSIONER O'DONNELL: So speak now if you think the maker has forgotten something. COMMISSIONER EREKSON: I’ll second the motion, so we can discuss the motion, so it doesn’t die for lack of a second, and then I’ll raise my hand. VICE CHAIR KANE: Commissioner Erekson. COMMISSIONER EREKSON: We’ve articulated, so I don't know that we need to rearticulate, what we’re satisfied with; it’s part of the record. What I think we need to be clear about in the motion is what remains to be addressed, and I would suggest I believe the maker of the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 158 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 motion’s intent with the bulk and mass, and scale issue is the impact, so they have to reduce the impact of that. The reason we have standards and worry about bulk, mass, and scale is because we worry about the impact of it, not just theoretically what it is. What they need to do is address, I believe, what the intent would be, or at least that would be my intent if I had made the motion, for them to address the impact of it, because I absolutely agree with Commissioner O'Donnell; there’s no reason to reduce the square footage for the simple reason of reducing the square footage, but they need to do things, and I believe if they’re clever about how they do it and good about how they do it, they’ll be able to address the privacy and the impact of bulk and mass at the same time, potentially. VICE CHAIR KANE: But especially by reducing it. You’re doing the same thing he did. COMMISSIONER EREKSON: Well, that’s not for us to solve. That’s really for the Applicant to solve. The other comment I would make, I absolutely agree with Commissioner Burch about dialogue needs to occur. I would suggest something though, that the Applicant has a choice at this point in time. It’s likely that the Commission will continue this item with some direction. A LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 159 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 vote hasn’t been taken, so we don’t know that. Then they have a choice. They can do something in response to that, or they don’t have to do anything in response to that, that becomes their choice. I would suggest that the dialogue should occur after they make that decision, and after they make that decision if they want to do some things to address the issues, then they have the dialogue with them. I don’t think it’s very productive for the neighbors for very productive for the Applicant to sit down and say okay, how are we together going to solve these problems? They need to come up with a solution to the extent that they’re comfortable with, and then let the neighbors react to that, as opposed to gathering everyone together to figure it out. That’s not really going to be very productive. VICE CHAIR KANE: I like that. Why don’t we get that in the form of a motion? It makes sense. COMMISSIONER BURCH: The maker of the motion agrees with what Commissioner Erekson just said. VICE CHAIR KANE: I’ll have what he’s having. COMMISSIONER O'DONNELL: Let me just comment. I would like to comment on the idea that they were unable to talk last time, and we’ve heard reasons why and those are credible reasons, but I think some of the speakers seemed LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 160 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 think we have the right to deny anything on this property, and that is not my take. We have a right to buy the property, or give them a house on the property; that’s my understanding of the law, and the Council has, I think, agreed with that. Therefore, if you do talk to them, and if they do think about anything else they can do and therefore are willing to talk to you in a way that you think is more positive and not simply closed, then you also have to think in terms of we don’t have a choice to say nothing, you get nothing. If you assume they’re going to get something, because I think they will, I don't know what it is but they’re going to get something, maybe it will help the dialogue. I’m not being Pollyanna. Maybe at the end of day you won’t really agree, but maybe you’ll agree on some things, and that would be really great. That’s why I do agree with this conversation that we’re encouraging, but Commissioner Erekson said don’t have the conversation until they’ve had a chance to really go over this, and if they would say to you we’re not changing anything, you might say well what’s the point of the conversation? VICE CHAIR KANE: Of course. LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 161 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: So that would be your judgment at that point, so hopefully that makes more sense to you. VICE CHAIR KANE: Maker of the motion, (inaudible). COMMISSIONER BURCH: Well, I think most of the motion is made, but I do think that the onus falls back on the Applicant and their designer to take a look at privacy and landscaping. Honestly, it’s a very inadequate landscaping design. For a project that’s gone this far, I would expect a lot more. I would particularly expect some information on tree rate of growth and things like that; that’s what we get. And then if you have looked at that and you have said to yourself all right, we’re willing to do all these things, it needs to become then a neighborhood outreach program where now the neighbors can say that works for us, or that doesn’t, so that at the next point when we get to together it’s not nobody spoke, the neighbors haven’t seen what’s coming in front of us. This is what you want to do, because it’s just spinning. So I feel that the first step falls to the Applicant to do that level of research, and then to do a neighborhood outreach, and at that point I feel that the LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 162 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 neighbors need to step in more and really be vocal about what you’ve seen and what you’re willing to do, and that’s what I would hope we’d come back with and have a very actual productive conversation on these items next time, instead of no one has conversed. VICE CHAIR KANE: Yeah. COMMISSIONER BURCH: So I guess then, with the Chair, we have to come up with a date certain to add to the motion. VICE CHAIR KANE: As part of the motion? COMMISSIONER BURCH: Yeah, I’d like to do that. VICE CHAIR KANE: Staff, we need a date certain. JOEL PAULSON: We’re probably looking at June 22nd. We may have to move some items that are tentative on that, but June 22nd probably is the most realistic. Otherwise, the 8th is only two weeks away, so that probably becomes too tight. VICE CHAIR KANE: Are we not meeting in July? No, we’re meeting July 13th. They might need extra time for that. JOEL PAULSON: They may, and if they decided or we get to that point, we can also always do a cover letter and continue it to another date certain. VICE CHAIR KANE: So your number was what? LOS GATOS PLANNING COMMISSION 5/25/2016 Item #3, 341 Bella Vista Avenue 163 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 JOEL PAULSON: June 22nd. VICE CHAIR KANE: June 22nd. Merci. To the maker of the motion, does that work for you? COMMISSIONER BURCH: Yeah, that works for me. VICE CHAIR KANE: So we have things that we think can be handled or mitigated, and we have these vague things in terms of the motion where we’re hoping they come up with something, and we’ve all talked about suggestions, I think. Reducing the mass and scale. One or two of us have talked about trying to get the house closer to Bella Vista and moving the garage to the side and then having the second floor down below just to reduce the slope of the whole thing and try to get it a little tighter. Don’t know that that’s going to meet the family’s needs, but I think it’s the best we can do right now. I’d be happy to second the motion. Oh good, Charles already did. Do we have further discussion? Seeing none, let’s call the question. All in favor? Opposed? Carries unanimously. Are there appeal rights, Mr. Paulson? JOEL PAULSON: There are not, because this was a continued item.