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Attachment 3 March 11 Minutes1 2 3 4 5 6 7 B 9 3m 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 a n ys i+9 co A P P E A R A N C E S: _Los Gatos Planning Commissioners: Community Development Director: Planning Manager: Town Attorney: Transcribed by: Mary Badame, Vice Chair Charles Erekson Melanie Hanssen D. Michael Kane Tom O'Donnell Joanne Talesfore Laurel Prevetti Joel Paulson Robert Schultz Vicki L. Blandin (510) 337 -1558 LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 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 P R O C E E D I N G S: VICE CHAIR BADAME: We will move to Item 1, and this is the public hearing portion of our agenda to consider an appeal of the Development Review Committee, the iecision approving Architecture and Site Application 5 -14- )72, construction of a single - family residence at 15343 iantella Court on property zoned HR- 2%:PD. May I have a show of hands from the Commissioners 9ho have visited the site? Are there any disclosures by any 2f the Commissioners for this item? Seeing none, Ms. 4oseley, I understand you'll be giving the Staff Report MARNI MOSELEY: Yes, good evening, Commissioners. The subject property is Lot 7 with the development known as the Highlands of Los Gatos, which is a 19 -lot Planned Development that was approved by the Town Council in 2005. All the lots within the development are being completed by Davidon Homes. The application for Lot 7 includes a two -story residence, which is single -story from Santella Court and two stories at the rear of the residence. The main or upper floor of the residence contains 4,262 square feet of living LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 2 I floor area and 712 square feet of garage. The lower floor 2 of the residence has 3,009 square feet of cellar and 425 3 square feet of qualifying living floor area. 9 The plans were reviewed by the Town's consulting 5 architect and found to be well designed with high quality 6 materials and details. 7 The plans were also reviewed twice by the Town's e consulting arborist, initially prior to the design of the 9 residence and then again during the review of the 10 31 development plans. The majority of the trees within the 12 building envelope are of poor or fair /poor condition and 13 the arborist did not find the trees to be of a quality to 14 consider redesigning the residence to retain. 15 The plans were deemed complete and scheduled for 16 a public hearing on January 13C° of this year through the 17 Development Review Committee. The Appellant, Mr. Weissman, is was present for the meeting and voiced his concerns 19 regarding the oak trees proposed for removal and the 20 visibility of the residence from the valley floor. 21 After discussing the neighbors' concerns the DRC 22 found that the application was in compliance with the 23 Hillside Development Standards and Guidelines and the 24 approved PD Ordinance, and that the proposed residence was 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item R1, 15343 Santella Court (Lot 7) 3 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 in the most appropriate location on the site considering its constraints, and the DRC approved the application. Later that day Mr. Weissman appealed the DRC's decision based on his concerns. The Applicant has provided documentation and exhibits as to why they cannot relocate the residence; they are provided in Exhibit A within your Staff Report. While the Town understands Mr. Weissman's concerns, the project is in compliance with the Hillside Development Standards and Guidelines, the Hillside Specific Plan, and the PD Ordinance. The proposed residence is well designed and is an appropriate size for the lot and would be compatible with the surrounding homes in the Highland development. And while the siting of the house solely to the western edge of the property is potentially feasible, the impacts of grading, visibility and architecture would be significant, and as such, Staff recommends that the appeal be denied and the application approved, subject to the attached conditions. This completes Staff's report. We're here if you have any questions. VICE CHAIR EADAME: Thank you, Ms. Moseley. Are there questions of Staff from the Commissioners at this time? Commissioner xane. LOS GATOS PLANNING COMMISSION 3/11/2015 Item M1, 15343 Santella Court (Lot 7) 4 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 1! 18 19 20 21 22 23 24 25 COMMISSIONER SANE: Thank you for your report. On page five under Tree Impacts you mention that there are 26 trees on the site. Seven are proposed to be removed, and eight may be impacted by construction, so that's 15 out of the 26. Ms. Moseley, how many trees will be replanted on that site? I don't know what eight are being adversely impacted. what does it mean that they're being impacted, the root system will be affected? MARNI MOSELEY: It means that the arborist considered the potential impacts and has provided mitigation to reduce that impact, but obviously there's no way to fully reduce it and to remove any impacts. They aren't proposing to remove those additional eight trees at this time; they are proposing to do everything they can to save those trees. COMMISSIONER BANE: So then specific to the seven, how many trees will be planted on this site to replace those seven? MARNI MOSELEY: I'd have to do a little bit of math based on the canopy replacement, but it would be based on the Town Code requirements for canopy replacement. COMMISSIONER BANE: So it would likely be a number equal to or greater than seven? MARNI MOSELEY: Correct. LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 5 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 COMMISSIONER SANE: And it will be onsite? MARNI MOSELEY: Yes. COMMISSIONER BANE: And if the other eight trees were impacted over time and died, we would apply the same math to the replacement of those trees? MARNI MOSELEY: I'm not clear as far as whether or not the Town arborist requires canopy replacement for dead trees if they were to remove them in the future based on health, and that the arborist would determine that they're actually dead. But if they were to be removed as part of this project or in direct correlation with the construction work, then they would be required to do canopy replacement. COMMISSIONER SANE: Thank you. My last question, if I may. How do we monitor all of that immediate to the development and then over time? Do we make visits? How do we monitor those two questions? MARNI MOSELEY: Any protected tree is required to receive a Tree Removal Permit in order to remove it, no matter the health of it. They would have to go through the Parks and Public works Department in order to obtain a Tree Removal Permit. COMMISSIONER SANE: Thank you. VICE CHAIR SADAME: Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) r 1 2 3 4 5 6 e 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I had the same concern as Commissioner Kane, and I just wanted to ask one more question. Just take for instance the trees that are near the site that aren't targeted to be removed. I know that if the tree ends up dying they end up getting a Tree Removal Permit, but it seems like if that's caused by the construction, what happens in that circumstance? Wouldn't they treat that like a tree that they had targeted for removal, with a required replacement? MARNI MOSELEY: The Town arborist would review the condition of the tree based on the time of submittal. Maybe 15 years down the road, I can't speak to whether the arboriat would have the same review, but anything in the next year or two that would be directly associated with impacts of this development would be associated with the construction and they would be required to do canopy replacement. COMMISSIONER HANSSEN: Related to ¢hat, how often during the development process is the arborist supposed to MARNI MOSELEY: The Town arborist gets involved in the application for the Tree Removal Permit, and then the Staff planner is responsible for doing a final inspection to ascertain that all the trees that were LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 7 1 supposed to be retained are retained, and that any required 2 plantings are in place prior to final inspection. 3 COMMISSIONER HANSSEN: So what you're saying is 4 the arborist won't be checking during the construction s process? 6 MARNI MOSELEY: The arborist is responsible for 7 checking of health of existing trees. e COMMISSIONER HANSSEN: Even if they're 9 30 potentially going to be damaged by the construction? 11 MARNI MOSELEY: Correct. That is not a role of 12 the Town arborist at this time. 13 VICE CHAIR BADAME: Any further questions from 14 Commissioners? Thank you, Ms. Moseley. 15 We will now open the public portion of the public 16 hearing and allow the Appellant five minutes to address the 19 Commission. Dr. Weissman, you have five minutes, and I need 18 you to fill out a speaker card. Thank you. 19 DAVID WEISSMAN: Dave Weissman, Francis Oaks. 20 To answer your question, Commissioner Kane, the 21 Applicant in his application, those seven trees will be 22 replaced by six new trees, and in lieu fees will be paid 23 for 17 trees. It's not even a one -to -one. 24 I appealed the DEC vote because I find their 25 decision inconsistent with both the Town's Hillside LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) S 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 1! is 19 20 21 22 23 24 25 Development Standards for visibility and tree protection, and his application should be rejected in its present form. To start with the issue of visibility, for discussions sake let's for the moment put aside those overreaching objectives stated in various pages of the Hillside Standards that specifically say, "Maintain the natural appearance of the hillside from all vantage points, including the valley floor. Minimize changes to the visual quality of the hillsides. Ensure that development does not dominate, but rather visually blends and achieves harmony between the natural and built environment. visual impacts of buildings should be mitigated to the greatest extents reasonable by reducing the height of the building and noving the structures to another location on the site, and sustainability." So the Applicant has now been kind enough to supply us a visual analysis, something that was surprisingly not available at the DRC meeting. It appears to me from the photos in Exhibit 11, Part 2, that the -alculated visibility of this proposed house, only that portion visible to someone standing on the exact corner of Los Gatos Boulevard and Blossom Hill Road was used. Even then, it involves looking through a narrow visibility LOS GATOS PLANNING COMMISSION 3/11/2015 Item M1, 15343 Santella Court (Lot 7) 9 1 2 3 4 s 6 7 e 9 30 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s tunnel created by a palm tree and two redwood trees on the left side and the Chevron gas station on the right side. I can only say that this appears to me to be the case, because there is no explanation as to how these calculations were done. Seriously, is this what the Applicant thinks the Hillside Standards Committee intended? chat one looks between three planted plants and a gas station building to assess visibility? I think the public, nyself included, and Staff who spent many, many hours crafting the Hillside Standards, deserve more credit. But I can understand trying to put this spin on :his issue, because if one uses common sense and walks 60 steps to the south along Los Gatos Boulevard, one now has a :otally unobstructed view of the story poles on Lot 7, and C add, of the completed, totally visible and occupied house text door on Lot 6, also for which no visibility analysis 4as done. The Hillside Development Standards do not say :hat the view platform is literally and absolutely at the intersection. Common sense is important. But there are other issues here. The primary 3hoto was taken on February 2, 2015, well after the ieciduous oaks on the property started to leaf out and LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 10 I provide more screening. Such an analysis needs to be done 2 in December, when the deciduous oaks are bare. 3 Screening is only considered when accompanied by 4 trees in the immediate neighborhood, not trees a half mile s away from the site, and certainly not a gas station. It is 6 impossible to accurately assess what parts of the 7 constructed house would be seen through the nearby trees 8 since only the outline of the orange netting is visible at 9 such a distance. The Hillside Development Standards, page le 11 13, emphatically say that potential visibility is defined 12 as, "Capable of being seen from a viewing platform if trees 11 or large shrubs are removed, significantly pruned, or 1q impacted by construction." 15 I will have more to say about tree impacts from 16 construction later. 17 Perhaps most importantly, the Hillside 18 Development Standards specifically note on page six that 19 property owners must recognize and respect the constraints 20 associated with hillside development. In other words, fit 21 the house to the lot, and not vice - versa. 22 I am not asking you to deny any house on this 23 lot, because I have a win -win solution. There are some 50' 24 of the same gradual slope, as indicated by the topography 25 lines to the west of the proposed house, into which part of LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 1 a reduced size house could be moved. That area is already 2 treeless. 3 To say, as Mr. Abbe has done in Exhibit 11, that 4 a smaller house is not compatible with the neighborhood is s almost Orwellian. Very telling is his comment that such 6 changes as I have proposed would limit the ability to 7 capture views from desired living spaces, but that is the 8 whole point of decreasing visibility. 9 10 Alternatively, the Applicant could leave the 11 house where it is and reduce its height, size, and change 12 its orientation. 13 VICE CHAIR BADAME: Dr. Weissman, your time is 14 up. Thank you. Do any Commissioners have questions of Dr. 15 Weissman? Commissioner Kane. 16 COMMISSIONER KANE: As you were speaking, Dr. 17 Weissman, I turned to the section on visibility, and it is gives specific viewing platforms. With all due respect, it 19 doesn't say yards south. The y to g 30 y people who put it 20 together, and you were there at the time, picked out four 21 spots so there was a level playing field, and I went to the 22 spot and I saw the pictures, and they say it's 218. I 23 didn't go 30 yards to the south. In terms of our Standards 24 and Guidelines, what would it mean if I did? It's not one 25 of the view spots that I'm told to pay attention to. LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 11 1 1 12 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 DAVID WEISSMAN: When those viewing platforms were brought up in the committee, I don't think any of us certainly in the public went out and actually looked at the site. I think we accepted that Staff went out, looked at the visibility and said this looks reasonable. I think when you've got three trees on the left side and a gas station, and you're looking through a narrow little area, it makes... Yes, the visibility from that very point is limited. But if you walk 30' to the right, or across the street, the whole houses on Lot 7 and Lot 6 are visible. That only makes sense to me. It doesn't say that we're within three inches of that corner. COMMISSIONER SANE: I do not disagree. DAVID WEISSMAN: I understand. COMMISSIONER MANE: Maybe going forward we need to revisit some of the conditions that could have been overgrown in fact and ruin visualization sites, but right now this is what I have. I don't know how the other Commissioners feel. I feel constrained by what's here. I understand what you're saying. DAVID WEISSMAN: Then4go with common sense. COMMISSIONER SANE: Thank you. VICE CHAIR BADAME: Any further questions? Thank you, Dr. Weissman. LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 13 1 VICE CHAIR 13ADAME: I will now call the 2 Applicant, Steve Abbs, representing Davidon Homes, and you 3 have five minutes. 4 JEFF THAYER: My name is Jeff Thayer and I'm Vice 5 President Of Davidon Homes, Planned Acquisition 6 Development. Steve is coming up next, but I wanted to give 7 just a quick run - through of what we're going to do. I'm e going to take about 30 seconds here. 9 Tonight we've got Carl Lagoni of Bessenian 10 11 Lagoni; he's our architect. He's going to give you some 12 comments on the approach to the project and how we go into 13 actually designing these homes. Dennis Razzari, our Vice 14 President of Construction is here, and Steve Abbe, our Vice 15 President of Site Development is going to give you a couple 16 of minutes about some of the technical aspects of what 17 we've done in this analysis for tonight. Teresa Roylan le (phonetic) is also here, and she is a designer assisting 19 Mr. Lagoni tonight. 20 So having said that, we'll get to some of the 21 more technical parts. We do think it's important that you 22 see the context with which we've done this project, and 23 then we'll go from there. 24 VICE CHAIR BADAME: Thank you. 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 14 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 11 is 19 20 21 22 23 24 25 CARL LAGONI: I'm Carl Lagoni with Bessenian Lagoni Architects. Just very quickly, because we have a limited amount of time, Lot 7 at the Highlands in a lot of respects is not any different than any of the other lots from the standpoint that they're very challenging. We're dealing with topography, we're dealing with healthy plant material that we're trying to honor, we're dealing with disability issues, as well as all of the Town overlay in terms of the criteria. We feel we've crafted a very sensitively placed home that fits on the lot in a very appropriate fashion. Architecturally, you can see one of the renderings behind me here. I don't want to touch a whole lot on the architecture, but the idea here is this is a very eclectic community. There are a lot of different architectural themes out there. Here, this home is springing from a Craftsman theme from the Arts and Crafts Movement. I think one of the best ways we can show it, if we could go ahead and go through the fly- through. It's coming. But the visibility is a couple issues. we've tried to honor the visibility, but where the home is visible we've tried to create a lot of articulation and LOS GATOS PLANNING COMMISSION 3/11/2015 Item K1, 15343 Santella Court (Lot 7) 15 1 character, so if you see it, you're actually seeing a piece 2 of architecture that's very well designed. 3 So you can see we're coming in on the lot. You 4 can see Lot 7. This demonstrates the massing and the 5 articulation as we rotate around the home. Obviously, there 6 is no vegetation. 7 Okay, I think that's it, and I'd like to bring s Steve up to finish up. 9 SO STEVE ABBS: Good evening, I'm Steve Abbe with Davidon Homes. 11 12 T just want to first off point out that this 13 application has zero exceptions to the Hillside Guidelines 14 and Standards. The Appellant has brought up some concerns is on this appeal as far as the removal of trees, site 16 visibility, and the alternate sites to the west. 17 As far as the trees are concerned, Mr. Kane and 18 Ms. Hansen have brought up the fact of tree impacts. First 19 of all, there are only six trees being removed off this 20 application. For that there will be 23 trees required 21 mitigation. We are currently proposing six trees be planted 22 onsite. 23 As far as the impacts of trees, there are 24 25 numerous trees onsite that are in fair to poor condition. Trees are constantly falling and dying out there; it's a LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 16 I second grown kind of oak tree out there. They were cut down 2 at one point, and now they're regrowing. 3 The other thing to point out is on the tree 4 count, there are more than 26 trees on the entire site. The 5 26 trees are only within the LRDA, so beyond the LRDA 6 Debbie Ellis did not do a full tree survey, because it's 7 something that we didn't impact. We don't have an actual 9 number with that, but it can far exceed an additional 20 or 9 30 trees. 10 11 As far as the visibility, the Hillside Guidelines 13 clearly defined the viewing platform from the corner of 13 Blossom Hill and Los Gatos Boulevard. The picture was taken 14 and the calculation comes out at 21.99. Less then 25%- does 15 not qualify as a visible home for the Hillside Guidelines. 16 And the alternatives; we did do some 17 alternatives. le VICE CHAIR BADAME: Sir, thank you. Your time is 19 up. 20 STEVE ABBS: I'll be available for questions. 21 VICE CHAIR BADAME: Do we have any questions from 22 the Commissioners? Commissioner O'Donnell. 23 COMMISSIONER O'DONNELL: One of the comments made 24 25 by the Appellant was that it would be better if you shift it. Could you address that too for us? LOS CAMS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 17 1 STEVE ABBS: Sure. If you can bring up the site 2 plan. There is an opening on the site that has no trees; 3 it's kind of on the northern downhill portion of the site. 4 We have done some analysis and I've done four alternatives s that would try to shift the house over to that location. 6 The constraints on this site are the four trees that Mr. 7 Weissman wants to preserve, 'which are threes #608 through 6 #611, which two of them are in poor condition, one is in 9 10 fair to poor condition, and one is in fair to good. But the 11 location of them and the health of them was deemed that 12 they would be able to come out, with early on meetings with 13 Staff. 14 But the other constraints are the downhill 15 sloping of the site. There are some height requirements 16 when it comes to the Hillside Guidelines. You're allowed 17 25' vertical at one point, and 35' overall building height. 18 So what I have on these alternatives is I've got four 19 alternatives. 20 The first one, A, is saving all four trees Mr. 21 Weissman wants saved. Placing the site as far as I can over 22 to the west in this clear location. Basically keeping the 23 house at the same elevation as I currently have the 24 as application house, and basically we're condensed to a little 69'x52' house and that includes a two -car garage. So LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 18 I architecturally, and size -wise aesthetically, that makes it 2 difficult to come up with a house that's compatible from 3 what we've already done in the subdivision. 4 Alternative B did the same thing, but I've 5 removed tree #611 to try to get a little more depth and try 6 to get a little more square footage and architecture to 7 this thing. Again, we're condensed to a 691x73' house. 8 The third, Alternative C, what I did was actually 9 trying to lower that house to try to get less visibility by 10 11 dropping to a maximum 158 grade on the driveway. only 12 dropped the house 1.2', so again, we're in a little minimal 13 rectangular box there as far as architecture is concerned. 14 The last alternative I did was trying to get that 15 house as far down into that open space area to try to be 16 below 25% visibility. what that entailed was basically 17 removing an additional good tree on the site, tree #606, 18 having an 85', 158 driveway downhill, and having a 10' 19 retaining wall on the driveway. That got us to about 238 20 visibility, but feasibility, it added a lot more grading, 21 because you've got to push the house down 7' in the site. 22 If you can look at the renderings there, the house already 23 sits down below the site. If you can envision that house 24 being another 7' down the site in that little rectangular 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 19 1 box area is just something that wouldn't be compatible with 2 the surrounding houses. 3 But the constraints are the downhill sloping 4 area. As far as heights, that gets you how deep your house s can be. The side width is based upon tree constrains. 90 6 hopefully that answered your question. 7 COMMISSIONER O'DONNELL: Thank you. 8 VICE CHAIR BADAME: Any further questions? 9 Commissioner Talesfore. 10 11 COMMISSIONER TALESFORE: Thank you. Lovely as the 12 home is, all the alternatives were with the original 13 design, is that correct? 14 STEVE ABBS: The alternatives? 15 COMMISSIONER TALESFORE: All of the alternatives 16 you were mentioning. 17 STEVE ABBS: was based on taking the existing 1s design and... I mean there was no architecture done for that 19 alternative. This was basically just done on a civil design 20 to evaluate how the house would sit on the site. 21 COMMISSIONER TALESFORE: How this house, or any 22 house? 23 STEVE ABBS: A conceptual house would sit on the 24 site. In this case, no, we have not done a design for these 25 alternatives. It's basically a rectangle box footprint that LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 20 1 2 3 4 s 6 7 0 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 would be able to be built in, is that's what we, (inaudible). COMMISSIONER TALESFORE: Yes, that's what I wanted to know. Okay, thank you. VICE CHAIR BADAME: Commissioner O'Donnell. COMiMISSIONER O'DONNELL: Just let me clarify that Point. The house that you were playing around with, for want of a better word to check it, was a smaller house on footprint? STEVE ABBS: Yeah, basically I've provided these... COMMISSIONER O'DONNELL: Yeah, you gave the iimensions. STEVE ABBS: So for example, you can see the size Pf the house. You can see the existing footprint of the =rent application. This is Alternative D. Well, if you're 3oing to show Alternative A real quick. You can see the existing location of the house. Phis alternative is trying to save trees #611, #610, #609 Ind #608. We've come off the edges of these trees to ievelop a building footprint limit. Also, see the tree out lere on the front? The back is determined by the sloping sown of the lot in order to maintain a 25' maximum height ind 35' overall height. LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 21 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Maybe I misunderstood it, but I basically understood you to say you gave us some length and width dimensions of the house you haven't designed... STEVE ABBS: It would be a footprint, a footprint that COMMISSIONER O'DONNELL: ...versus the one you have gned. Can you just kind of give us generally the erence? In other words, you gave us length and width, I'm not sure I got length and width of the present STEVE ABBS: It's 122' wide in dimension, 63' COMMISSIONER O'DONNELL: And that's versus what was the... STEVE ABBS: The other ones were 69' wide down to 47' wide on Alternative D. COMMISSIONER O'DONNELL: All right, thank you very much VICE CHAIR BADAME: Any further questions from the Commissioners? Commissioner Kane. COMMISSIONER KANE: The comment was made on Alternative D about the slope, that the driveway would take on a severe slope, and certainly the property is LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 22 1 z 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 dramatically sloped. But in looking at Lot 8, that seems to be even more severely sloped. Our project is looking at Lot 7, but I looked at Lot 8 and it's like if you can put a house there, you can have a driveway sloped on Lot 7. STEVE ABBS: What we're doing on Lot 8, I believe we have submitted... Yeah, we have our first submittal then for Lot 8. There is a current driveway path to Lot 9, which comes off the end of the cul de sac and straight out to the knoll there. The intent for Lot 8 was to have a shared driveway with Lot 9, so it won't be a 15 -18% driveway coming down to Lot 8. They'll be able to access off the side, not directly off the cul de sac, so it will be following down I think it's a 75' or 80' driveway, and that's how we get down to that point. There's a little more room on Lot 8 using that access road on Lot 9 to get down to that point. COMMISSIONER BANE: Okay, that makes sense. Thank VICE CHAIR BADAME: Any further questions? Thank We will now call the Appellant, Dr. Weissman, back up to the podium. Before you come up here, Dr. Weissman, I ask if anybody has any public comment? Seeing LOS GATOS PLANNING COMMISSION 3/11/2015 Item B1, 15343 Santella Court (Lot 7) 23 1 none, you can go ahead and speak, and you have three 2 minutes. 3 DAVID WEISSMAN: All the alternatives that have 4 been presented would fit much better on this lot if their 5 sizes were reduced. 6 ROBERT SCHULTZ: I'm going to interrupt you. The 7 Applicant was actually supposed to have the time after s public comment, and since you're the Appellant you'd be 9 10 able to speak last. So since there's no public comment, the 11 Applicant is allowed the three more minutes, and then you 12 have the last say. So if we could have the Applicant speak. 13 VICE CHAIR BADAME: My apologies. 14 ROBERT SCHULTZ: The Applicant might not have 15 anything else to say; there was no other public comment. 16 VICE CHAIR BADAME: We'll call the Applicant back 17 up to the podium. is STEVE ABBS: Unless you have other questions 19 again, I just do want to g j point out that there are zero 20 exceptions to the Hillside Guidelines. We feel this is a 21 beautifully designed house for the site. Again, zero 22 exceptions to the Hillside Guidelines. 23 We have maintained some trees out in front. All 24 as the trees that we are removing will be mitigated properly onsite. Like I said, we're removing six trees. There are LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 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 going to be 23 mitigation trees required. We're going to Plant currently six onsite, and that six does not include what the homeowner will plant on his landscape scheme. So lnless you guys have any other questions. VICE CHAIR BADAME: Commissioner Talesfore. COMMISSIONER TALESFORE: Thank you. Speaking of the trees, the trees that are beyond the property, and I'm lot sure how deep that property goes, who owns those trees, 1r who is in control of those trees that are beyond that rill where it's all grassy. STEVE ABBS: Exactly. The additional trees that are not shown on the arborist's report are beyond the LRDA. COMMISSIONER TALESFORB: But nonetheless on the site? STEVE ABBS: Still on Lot 7. Yeah, it's still on the site. The actual approximate dimensions further down beyond the LRDA. Just to give you a rough dimension, from the LRDA down to the rear property line is almost 200'. So that 200' of hillside with trees will be maintained by the homeowner, which by definition of the LRDA, the homeowner can't do anything down there anyway. There is a scenic easement also beyond the LRDA. COMMISSIONER TALESFORE: I have one other question, and that is so in your alternative. structures, LOS GATOS PLANNING COMMISSION 3/11/2015 Item N1, 15343 Santella Court (Lot 7) 25 I conceptual structures, I know you gave us the widths and 2 all of that, but can you just quickly give me the square 3 footage of each of them, just in general terms? 4 STEVE ABBS: If you're looking at 70'.50' so you 5 can do a 3,500 square foot nice garage, then cellar, it can 6 be 5,000 square feet by the time you're done. 7 COMMISSIONER TALESFORE: So each of them was 8 about 5,000? They were less than what you have presented 9 here? 10 11 STEVE ABBS: Absolutely, yeah, yeah. 12 COMMISSIONER TALESFORE: Okay, thank you. 13 VICE CHAIR BADAME: Any further questions? Seeing 14 none, thank you. Dr. Weissman, we invite you back up to the 15 podium. You have three minutes. 16 DAVID WEISSMAN: Yes, the project is in complete 17 compliance with the Hillside Standards, except for the 18 visibility issue. 19 I want to address the tree situation, since [hose 20 trees in our hillsides were a major, if not the major 21 stimulus, for both the Blossom Hill Open Space Study and 22 the Hillside Development Standards. 23 As proposed, this house will result in the 24 removal of six or seven trees; in the Staff Report it says 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 26 1 2 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 seven. The arborist also notes that another eight trees may be significantly impacted, that they will die. I've also compared the tree report for Lot 7 done in 2004 by David Babby for a prior owner with Deborah Ellis' 2014 tree report, and find an additional eight protected trees have been removed in the interim ten years. So that is a total of 23 trees either gone or at risk. I make no guess as to who removed these other eight trees illegally, but I do ask: Is this proposal consistent with the lot's constraints? So is this number of trees removed from Lot 7 unusual for a Highlands project? According to a tally kept at Engineering, as of February 25th of this year 222 trees have been removed from the 14 lots now developed. The previous development proposal estimated only 122 -142 trees. But this tally does not include an unknown number of trees removed after construction on a house has started and therefore not part of the PD process. So when do these trees ever get a break? Deborah Ellis notes in her tree reports between January 2013 and December 2014, a period of 23 months, that materials were being stored under trees on various lots, including Lot 7, with heavy equipment and car traffic injuring the trees and causing root compaction. I have been workmen cleaning their LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 27 1 paintbrushes under two large oak trees on Lot 13. I have 2 seen cars parked under the largest trees on Lot 2 with oil 3 and other fluids staining the ground there. And I don't 4 walk these roads that often. 5 It is this abuse of existing trees that puts them 6 at risk for premature death and emphasizes the importance 9 of considering potential visibility when calculating the B visibility of proposed homes, as I discussed earlier. 9 10 But oak trees are not all that make up an oak 11 woodland. The understory is crucial, and Deborah Ellis 12 notes that it is best left alone, poison oak and all. Yet 13 extensive understory grading has been done on Lot 14, far 14 from the house, all without specific grading permits, which 15 are required by the Hillside Standards. Additionally, vast 16 swaths of native scrub and chaparral vegetation have been 17 cleared from Lots 10, 11 and 12. 1s It is not too late to tighten up on these 19 requirements, and I have made some specific suggestions, 20 which Staff has handed out to you. 21 VICE CHAIR BADAME: Thank you, Dr. Weissman. Your 22 time is up. Commissioner O'Donnell. 23 29 COMMISSIONER O'DONNELL: Do you have any zs knowledge as to who removed the trees and the shrubs? So it LOS GATOS PLANNING COMMISSION 3/11/2015 Item kl, 15343 Santella Court (Lot 7) 28 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 is not clear then that the developer did it, but perhaps some subsequent property owners? DAVID WEISSMAN: It would be a guess. I just know that they were done between 2004 and 2014. The trees up there have taken just tremendous hits, and they continue to. COMMISSIONER O'DONNELL: Thank you. VICE CHAIR BADAME: Any further questions for Dr. eeissman. Commissioner Kane. COMMISSIONER KANE: Dr. Weissman, what would you wave us do with your six points? The item that you just lave us, I mean I've just been handed this document. DAVID WEISSMAN: I know. COMMISSIONER KANE: It seems rather powerful, some of the points certainly. What is your suggestion for review implementation? Is this the beginning of a redesign 3f the guidelines? DAVID WEISSMAN: Yes, but the redesign of the ) uidelines takes a while. These suggestions could be made wart of any application, this application, and anything 3oing forth on Highlands. COMMISSIONER KANE: Then we could adopt these as :onditions to this application? LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 29 1 DAVID WEISSMAN: Yes, and future applications on 2 Highlands, and the applications coming up on Greenridge 3 Terrace probably. 4 COMMISSIONER SANE: To do that tonight, isn't 5 that a little bit the horse out of the barn? I Chink for 6 the future there's something here, but 7 DAVID WEISSMAN: Well, look at the pictures that B are up on the wall there showing the lawn areas clearly in 9 10 violation of the Hillside Standards. Those are not just 11 pictures for you; those are pictures that are put on the 12 brochures that are put out in front of the houses as 13 they're being developed. That's certainly more than 30' 14 from the house, which is restricted. Lawns are restricted 15 to within 30' of the house by the Hillside Standards. This 16 is false advertising, and I think it shows a total 17 disregard by Davidon for the Hillside Standards. They say 1e one thing, and then they come in and they have repeated 19 instances of cars parked where they shouldn't be parked, 20 and building materials stacked where they shouldn't be 21 stacked. The arborist's report has highlighted these 22 problems for over two years now, and they were corrected 23 maybe last week. So I think the sooner that the Applicant 24 is made aware that the Town is serious about their codes 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 30 I and enforcing hem, the sooner we're g going to get some 2 results. 3 COMMISSIONER FANS: Thank you. 4 VICE CHAIR BADAME: Any further questions? Seeing 5 none, thank you, Dr. Weissman. 6 DAVID WEISSMAN: There are also a bunch of 7 pictures in Deborah Ellis' tree reports, and she points it 6 out, showing materials stacked underneath oak trees. This 9 10 is what kills them. It doesn't kill them today; it may kill 11 them in two, three to five years. 12 VICE CHAIR BADAME: Thank you. We will now close 13 the public portion of the public hearing and ask if 14 Commissioners have any questions, comments, or motions? 15 Commissioner O'Donnell. 16 COMMISSIONER O'DONNELL: I just want to make a 17 comment that a number of the comments made by the Appellant Is relate to enforcement, it seems to me, which is not before 19 us tonight and that's nothing that we have any control 2s over. But I would agree that perhaps if in fact our present 21 existing laws and guidelines are not being observed, that's 22 an enforcement problem. I'm not sure how you solve that 23 problem by simply passing tonight more of the same things 24 25 if we're not presently enforcing what we have. What I derive from what is being said here is we could do a better LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 31 1 job in enforcement. On the other hand, I assume the Town is 2 doing the beat it can within the financial constraints. You 3 can't camp somebody out there. But that's at least what I 4 took from the comments. Most of the comments relate to the 5 enforcement of existing guidelines and existing conditions, 6 I think. 7 VICE CHAIR BADAME: Commissioner Kane. a 9 COMMISSIONER KANE: Well, Commissioner O'Donnell, la point number two on Dr. Weissman's note. If what's being 11 advertised is a violation, we can adopt that as a condition 12 that even the advertising be in compliance with the 13 guidelines. 14 COMMISSIONER O'DONNELL: I think if he's alleging 15 that the advertising is wrong, the proper body for that is 16 the Department of Real Estate. They have to get a white 17 paper to sell these homes, and if they're in violation, the 1a Department of Real Estate can enforce it. I don't know that 19 the Planning Commission is to enforce brochures or other 20 forms of speech. 21 VICE CHAIR BADAME: Commissioner Hanssen. 22 COMMISSIONER HANSSEN: What I'm hearing out of 23 this whole thing is there are a bunch of issues melded 24 25 together. One is are our Hillside Development Design Guidelines adequate for today's world? That's not an issue LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 32 1 that is in front of us, so we have to use the Hillside 2 Design Guidelines in front of us to make this decision. 3 Then there is also this issue of enforcement. I 4 did wonder if it's reasonable, or even possible, to put in 5 a condition for additional arborist checks during the 6 construction process, so I wanted to ask that question, 7 because that would at least address one of these concerns. 8 9 JOEL PAULSON: In Condition 11 it requires the 10 Applicant comply, and then provide responses on how they're 11 going to comply with the consulting arborist's 12 recommendation. One of those is for periodic visits. Should 13 the Commission feel that they want to put timing on that, 14 then that could be added to that condition, that the 15 periodic review by a certified arborist be done at X 16 intervals. 17 COMMISSIONER HANSSEN: And you said that's 19 Condition 11 in the terms? 19 JOEL PAULSON; Condition 11 references the 20 December 10, 2014 arborist report that contains that 21 recommendation for periodic visits by a certified arborist. 22 VICE CHAIR BADAME: Commissioner Erekson. 23 CHARLES EREKSON: A quick question of Staff, and 24 25 then a comment. The conditions that are here tonight, are they the same conditions that the DRC approved? LOS GATOS PLANNING COMMISSION 3/11/2015 Item 81, 15343 Santella Court (Lot 7) 33 1 MARNI MOSELEY: Yes. 2 CHARLES EREKSON: So no changes in the 3 conditions? Okay, thank you. 4 So here would be my comment. We have an appeal in s front of us. We do not have an application in front of us, 6 we have an appeal, and as best I can extract, the Appellant 7 has only presented one issue that is material or related to 6 the appeal, and that is whether or not the Architecture and 9 10 Site Application and design of this particular home 11 complies with, or does not comply, with the visibility 12 standards of the Hillside Guidelines. That's the only issue 13 that I believe is related to the appeal. All of the other 14 things are related to enforcement and trees and things. 15 But as I understand, what is in front of us is an 16 appeal, and while we weren't presented anything from the 17 Appellant in Writing before tonight, and actually the only le thing that potentially is part of the appeal, it's in here, 19 is whether or not the lawn areas that may, or may not, be 20 part of the landscape plan that the Appellant drew a 21 potential conclusion from, the advertising picture, I would 22 want to draw it from the landscape plan. 23 So the best I can figure out, the only issue in 24 25 front of us is whether or not the design is consistent with the visibility standards of the Hillside Guidelines. All LOS GATOS PLANNING COMMISSION 3/11/2015 Item pl, 15343 Santella Court (Lot 7) 34 I the rest of the stuff is irrelevant to the consideration 2 here tonight, I believe. 3 VICE CHAIR BADAME: Amy further gUe6tiOn6? 4 Commissioner Kane. 5 COMMISSIONER KANE: Just to be specific on the 6 height issue —I agree with your framing —on page three of the 7 28 page ordinance that covers the project, "The maximum s height for homes shall be 25' unless it is determined that 9 16 a home will be visible from a Town viewing platform, in 11 which case the height shall be reduced to 181." Is the 12 house 18'? 13 JOEL PAULSON: The house is not 18'. Being 14 visible is in reference to what is considered visible in 15 the Hillside Development Standards and Guidelines, which is 16 the 25% threshold. That matches the Hillside Development 17 Standards and Guidelines for any parcel in town where 25' 18 is the maximum. If it's visible from a viewing platform, 19 more than 258, then the height should be reduced to 181. 20 COMMISSIONER KANE: And this one is 21- point- 21 something? 22 JOEL PAULSON: Correct. 23 COMMISSIONER KANE: Thank you. 24 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item M1, 15343 Santella Court (Lot 7) 1 VICE CHAIR BADAME: Any further discussion? Any 2 questions? Would anybody like to entertain a motion? 3 Commissioner O'Donnell. 4 COMMISSIONER O'DONNELL: I will make a motion 5 that we find that no further environmental analysis is 6 required; that the project is consistent with PD Ordinance 7 2147; that the project is consistent with Hillside e 9 nevelopment Standards and Guidelines and Hillside Specific to Plan; that the project is consistent with the 11 considerations for approval of Architecture and Site 12 Applications, and approve Architecture and Site 13 Applications 5 -14 -072 subject to conditions in Exhibit 4 14 and the development plan's Exhibit 12. So that's the 1s motion. 16 ROBERT SCHULTZ: And along with that motion, the 17 denial of the appeal. 18 COMMISSIONER O'DONNELL: All right, and along 19 with that motion, the denial of the appeal. 20 VICE CHAIR BADAME: Commissioner Kane. 21 COMMISSIONER KANE: Would the maker of the motion 22 agree to add that we've been discussing the definition of 23 29 periodic? Would the maker of the motion be willing to add 25 that the Town arborist make these periodic visits at the LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 35 1 I 36 I approval or direction of the Community Development 2 Director? 3 COMMISSIONER O'DONNELL: Let me first find out if 4 that is not presently the case. 5 COMMISSIONER KANE: The definition is not there. 6 JOEL PAULSON: The recommendation in the 7 arborist's report from the consulting arborist is that a e certified arborist goes out there. The Town arborist 9 10 typically does not go out and do the monitoring of these 11 individual sites; it's a certified arborist, so whether 12 that's Ms. Ellis or some other certified arborist. 13 COMMISSIONER O'DONNELL: The question I have - 14 because I would support that, but I want to understand it- 1s is if this attachment were not made as suggested by 16 Commissioner Kane, what would the Town do by way of 17 periodic inspections during construction? 1s JOEL PAULSON: We require a compliance memo from 19 the Applicant at time of building g permits, and to address 20 how they are planning to address each of those conditions. 21 Then we would review that and determine whether or not we 22 thought that was appropriate. 23 29 COMMISSIONER O'DONNELL: So you review the plan, 25 but you wouldn't necessarily review the implementation? LOS GATOS PLANNING COMMISSION 3/11/2015 Item ql, 15343 Santella Court (Lot 7) 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 JOEL PAULSON: We review the implementation through that compliance memorandum. The most frequent Town employees that are out there are building inspectors and engineering inspectors in this specific development, with all the grading. COMMISSIONER O'DONNELL: So if I understand Commissioner Kane, and he can correct me if I'm wrong, I think he's suggesting that we have a certified arborist from time to time during construction inspect to see if it's in compliance with the plans. Do I understand the suggestion? COMMISSIONER KANE: Yes, and I'm not pretending I know what that periodic definition should be. But if it were in the condition, if we carried it forward to future considerations subject to the direction or definition of the Community Development Director, at least we would have a number. You decide what that number is, monthly, every two weeks, because the assertion being made here is that trees are disappearing, and you have pointed out, Commissioner O'Donnell, that we don't seem to have any code enforcement. So I'd just like to get a definition of periodic and discourage the disappearance of trees. VICE CHAIR BADAME: Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 37 1 I 38 I COMMISSIONER O'DONNELL: I don't have a problem 2 to the suggested amendment and I would incorporate it into 3 the motion. 4 VICE CHAIR BADAME: Do we have a second? 5 COMMISSIONER BANE: I'll second the motion. 6 VICE CHAIR BADAME: Do we have any further 7 discussion before we take a vote? Seeing none, all in 8 favor? Opposed? Passes unanimously. 9 Mr. Paulson, are there appeal rights of the 10 11 actions of the Planning Commission? 12 JOEL PAULSON: There are appeal rights. Anyone 13 who is not satisfied with the decision of the Planning 14 Commission can appeal that decision to the Town Council. 1s The forms are available in the Clerk's Office, there is a 16 fee for filing the appeal, and the appeal must be filed 17 within ten days. 18 VICE CHAIR BADAME: Thank you. 19 20 21 22 23 24 25 LOS GATOS PLANNING COMMISSION 3/11/2015 Item #1, 15343 Santella Court (Lot 7) 39