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Attachment 21 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: Community Development Director: Planning Manager: Town Attorney: Transcribed by: Kendra Burch, Chair Mary Badame, Vice Chair Melanie Hanssen D. Michael Kane Tom O'Donnell Joanne Talesfore Laurel Prevetti Joel Paulson Robert Schultz Vicki L. Blandin (510) 337 -1558 ATTACHMENT 2 LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 1 1 2 3 P R O C E E D I N G S: CHAIR BURCH: All right, we're now going to 4 5 consider Item 4, Architecture and Site Application S -14 -027 6 considering an appeal of the decision of the DRC, which 7 approved an Architecture and Site Application to demolish 8 and construct a new single- family residence at 15925 Quail 9 Hill Road, zoned HR -1, APN 527 -02 -007. Ms. Moseley. 10 MARNI MOSELEY: Good evening. The Applicant is 11 proposing to add approximately 1,200 square feet to their 12 existing 2,800 square foot residence and detached garage. 13 The Applicant is proposing to retain a significant portion 14 of the existing residence as framing and foundation, is however, the proposed work would result in what is 16 considered a technical demolition and as such Staff 17 reviewed this application as a new single - family residence; 18 their required findings for you tonight would include the 19 20 single - family demolition finding. 21 The proposal includes a 100 square foot addition 22 to the existing detached garage, or carport, however you 23 look at it, and the remainder is predominantly additions to 24 the rear of the existing residence. 25 LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 2 I The Applicant spoke with each of the neighbors 2 early in the process and did their best to accommodate 3 their concerns by lowering moving g or g gable ends and by 4 building a cellar rather than a second floor, as their 5 neighbors have done recently or in the last ten years. 6 Staff considered the application over the course a of three Development Review Committee meetings in the 9 months of July and August. Staff and the Applicant worked 10 to understand and address the concerns of the neighbor who 11 is now the Appellant. 12 While the Appellant has stated concerns regarding 13 privacy and parking versus landscaping in the front 14 setback, their main issue has been the shared easement over 15 their property for access and utilities. This issue is 16 documented throughout your Staff Report by Staff, the 17 Applicant, and the Appellant, so I won't dig into it 18 further. 19 The Town Attorney has provided direction that 20 while the width of the easement may need to be defined by 21 22 the courts prior to occupancy, the property has legal 23 access and the processing of the application should not 24 continue to be held up. 2s Staff has reviewed the application for consistency with the Town's current Standards and LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 3 I Guidelines. Staff recommends that the Commission deny the 2 appeal and approve the application subject to the attached 3 conditions. 4 This completes Staff's report. We are here if you s have any questions. 6 CHAIR BURGH: Commissioner Badame, then 7 Commissioner Kane. s VICE CHAIR BADAME: Can you clarify Town Code 9 Section 29.10.060, that off - street parking is not allowed to in any required yard abutting a street and how this 11 12 particular application may or may not be affected by this 13 Town Code section in regard to circulation? I'm referring 14 to Exhibit 13, page 3, which is correspondence from Mr. 15 Krouskup. 16 MARNI MOSELEY: I understand. The required 17 parking for this use is two parking spaces for the main 18 residence and one parking space for the existing secondary 19 unit. The required parking is provided in the converted 20 garage /carport. The additional spaces that you see in front 21 of the residence are direction from the Hillside Specific 22 Plan in regard to when there isn't off - street parking 23 they're anticipating the need for guest parking. Those 24 parking spaces can be stacked up in a driveway and such, 25 LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 4 1 but they should be provided onsite whenever possible, but 2 that is not required parking. 3 VICE CHAIR BADAME: Thank you. I'd also like to 4 make a disclosure at this time that while I was out at the s property I did have incidental contact with Mrs. Krouskup. 6 I hope I'm saying your name correctly. Thank you. a CHAIR BURCH: All right, thank you. Commissioner Kane. 9 10 COMMISSIONER KANE: So we have a large house 11 being built next to my house, and I meet with you and the 12 builder and they elect instead of building a two -story 13 house to lower it and put in a cellar instead? Is that 14 basically what happened here? 15 MARNI MOSELEY: It was a combination of several 16 neighbors that were concerned about a second story, 17 including he g Appellant, and so through that communication 18 the Applicant did pursue the cellar option rather than the 19 second story. 20 21 COMMISSIONER KANE: In your opinion, was there 22 more that the Applicant could have done or still can do? 23 MARNI MOSELEY: Well, it's still unclear to 24 Staff, as well as the Applicant, what the actual concerns zs of the Appellant are. They speak to privacy concerns, but we're not entirely sure where those privacy concerns are LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 5 I from and how, other than they want the house set back an 2 additional 15' or so, which realistically requires them to 3 completely remove all of the existing residence that 4 they're retaining in order to accommodate. s COMMISSIONER KANE: So they didn't have much room 6 to do, and they did do a cellar instead of second story? 7 MARNI MOSELEY: Correct. e COMMISSIONER KANE: Thank you. 9 CHAIR BURCH: Any other questions? Commissioner 10 Hanssen. 11 COMMISSIONER HANSSEN: One of the things I 12 13 noticed —and I don't know if this was communicated from the 14 Appellant previous to the document that was received on 15 September 15th —was one of the key issues that seemed to be 16 present in all the communications was this access road or 17 driveway, as you would call it, that's shared by the two 18 houses. There was some mention of the Appellant wanting 19 them to build a new road going down to Drysdale. Was this 20 discussed in the Development Review Committee process, or 21 is this new information or an idea? I mean there was some zz mention that the Applicant felt that wasn't feasible when 23 they talked to their architect about it, but I just wanted 24 to know where that communication was. 25 LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 6 I I MARNI MOSELEY: The Applicant did look at a lot 2 of options as they were pursuing developing this property. P Y• 3 They spoke with Staff frequently and early on in the 4 process. They talked with Staff about options of accessing 5 Off of Drysdale and Shady, and Staff looked at it and 0 couldn't find any way to comply with our Hillside Standards 7 a and Guidelines with that route. The impact to the natural 9 hillside of that side of the property, and the grading and 10 walls and such that would be required, there was no way 11 that the Applicant or Staff could envision a way. And the 12 Applicants architect did do some investigation of this in 13 trying to see if there was a feasible way to access off of 14 that side, and he can speak more to that. 15 CHAIR BURCH: All right. Any other questions? 16 Commissioner Kane. 17 COMMISSIONER KANE: One quick one. It's probably 18 in front of my nose, but I looked quickly at the designs 19 and schematics you provided. Is there a hammerhead issue 20 with this property? 21 MARNI MOSELEY: There is not. The Fire Department 22 23 determined that that turnaround was not going to be 24 required. There is no feasible way to provide it on any of 25 the properties up there, and the Fire Department determined that they haven't required it on any of the properties LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 7 1 previously and that it was unreasonable for the Fire 2 Department to require a fire turnaround, and that they 3 would be able to work with what's up there. 4 COMMISSIONER KANE: I didn't know they did that. 5 Thank you. 6 CHAIR BURCH: Commissioner Talesfore. COMMISSIONER TALESFORE: Just one quick question. a How long has the house been vacant? 9 MARNI MOSELEY: The Applicant would have to speak 10 to that. 11 COMMISSIONER TALESFORE: Okay, thank you. 12 13 CHAIR BURCH: I have just one quick question. One 14 of the items that was submitted was a document signed by a 15 number of people for maintenance of the road, and in your 16 discussions through DRC, obviously if you do bring large 17 trucks up there, there will be damage. How would it be 18 figured? Would the Applicant be replacing any damaged 19 portions of the road? Does it fall to a neighborhood issue? 20 How is that addressed? 21 MARNI MOSELEY: It's standard Town policy that 22 there is a pre- construction survey documentation of the 23 existing private roadway, and then any damage that occurs 24 during the construction the Applicant would be responsible 25 for repairing. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road N I CHAIR BURCH: All right, thank you. Any other 2 questions? No? Thank you, Ms. Moseley. 3 Now we will give the Appellant ten minutes to 4 address the Commission. I hope I say your name right. Mr. 5 Krouskup. I do want to clarify, because it's a little bit 6 different. I see you, your wife, and I believe your ... well, 7 John Livingstone. All are representing you. This ten s minutes, and our attorney can correct me if I state this 9 to wrong, this ten minutes encompasses all of your time since 11 you are all basically here to address us as the Appellant. 12 BRAD KROUSKUP: We understand, Madam Chair. Thank 13 you for clarifying it. I'm going to try to be as brief as 14 possible. 15 My name is Brad Krouskup. My wife and I live at 16 15921 Quail Hill Road adjacent to the property that is 17 being proposed for the new development. John Livingstone is 18 here. He has helped us interpret some of the codes and 19 Hillside Specific Plan and whatnot. I don't know if Dana, 20 my wife, and John will speak or not, but I guess that 21 depends on how quickly I can get through this. 22 23 First of all, did you all get a chance to get to 24 the property and take a look at it? I'm seeing a lot of 25 head nodding. Thank you for doing that. COMMISSIONER KANE: No, I did not. LOS GATOS PLANNING COMMISSION 912312015 Item #4, 15925 Quail Hill Road 1 2 3 week 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRAD KROUSKUP: Okay. COMMISSIONER KANE: I haven't been driving this BRAD KROUSKUP: It's okay. I think it's important to visualize, but there are pictures and there are a lot of things that have gone on. COMMISSIONER KANE: Let me clarify that. BRAD KROUSKUP: Okay. CHAIR BURCH: Commissioner Kane, hold it. You're eating up his time, so why don't we address that later? BRAD KROUSKUP: Come back, Commissioner Kane. Anyway, thank you for the time in going out there. Thank you for tonight. Really, a lot of you have been doing this for a long and I don't think people express their appreciation enough for the fact that you do this. Dana and I have lived here for 32 years. This is hard. I do this kind of for a living, but when it's your residence it's a different animal. We're really proud of who we are and what we've done in this town, the friendships and the relationships and the involvement with the community. Nothing like what you folks do. But I don't think we got to where we are, and I don't think people respect us the way they do, because we're unreasonable people or nonresponsive. I feel a little LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 10 I bit like Staff has suggested that maybe we're nonresponsive 2 or didn't try to make suggestions of how to approach this. 3 There is an easement issue. There is no easement 4 there that this project can be accessed to do the 5 construction in the new development that's proposed. We 6 want to change that. We want to memorialize an easement and s provide Kevin and Sabrina access. But we want this process 9 to be sensitive to our needs and our home. We want to live 10 there the rest of our lives and we don't want to do it with 11 competing for circulation and parking, and having our 12 driveway as a turnaround point. We think it could be 13 solved. But if it can't be solved, I think we've been boxed 14 into a corner where we've been told no, nothing can be 1s done. 16 And the collaborative process between two 17 neighbors has been characterized to you; it really hasn't 18 been a collaborative process. Kevin and Sabrina are very 19 nice people and I want to have a good, strong neighborly 20 relationship for years to come. We met Kevin and Sabrina 21 22 before they purchased the property, but they were very 23 interested; they might have been in contract. We told them 24 of our experience in buying our house, the research I did zs of the Hillside Specific Plan, making sure our house was LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 11 I Ifully permitted. We bought a house. We haven't changed it- 2 lit was there. 3 I But we fully expected the Hillside Specific Plan 4 to be adhered to. I know the plan pretty well. Not as well s as other people in this room, but I know it pretty well. We 6 want it adhered to, and we want our needs and our sensitivities to circulation and parking and privacy s adhered to, too. I think any resident of Los Gatos is due 9 that, and I don't think we should be any different. W] I want to, if I can do this quickly... This is on, 11 12 (right? 13 Marni mentioned, and I admit it, we have made a 14 Ibig deal out of the easement thing. It's not the issue 15 Ihere. The issue is how do you site the home, and how do two 16 homes interact together? Parking, circulation, privacy, 17 views; all those things that I think this process should be 18 sensitive to. 19 I always thought a planning process looked at a 20 situation and tried to improve it, make it the best it can 21 be, complied with all the policies and codes. I don't then 22 that's been accomplished here. 23 This is just a blowup of the plan between the two 24 homes. Our home and driveway are here. This represents what 2s was anticipated by the Applicants, Sabrina and Kevin, to be LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 12 I a 20' wide easement. It does not exist. I'd like to 2 memorialize it at some point in time, but you can see, this 3 is our property line. So everything this direction and this 4 direction is our property and there is very little way for 5 these seven cars, which are required by the Hillside 6 Specific Plan to circulate and maneuver on the site. 7 a Staff has gone back and forth a little bit on are 9 these required parking spots, or are they not required 10 parking spots? If you read the Hillside Specific Plan, and 11 I think you all have my letter of September 14th, it 12 identifies specifically that the Hillside Specific Plan 13 requires those seven spots: three in the carport and four 14 additional spots. 15 So can they be in a driveway? Yeah, they can be 16 in a driveway, and if you make the determination that the 17 entire frontage of the house is a driveway, then we're 18 faced with we have no landscaping and asphalt to the front 19 of our neighbor's home. That's what we look at, and I just 20 don't think that's the best condition that we should have 21 to live with. I think we can do better than that. 22 23 I was going to go back and refer to my letter, 24 but the points are in there of where we think there is zs conflict with the Hillside Specific Plan and the Standards and Guidelines. Most of the ones I selected that I thought LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 13 I were in conflict have that word "shall" in there, which 2 means they're a requirement. We don't think as proposed it 3 has met those requirements. 4 I want to read a letter to you, because we have s attempted to interact with Kevin and Sabrina, and I think 6 we have a fair relationship given where we are, but back on June 15th I responded to an email from Kevin and I said, s "You mentioned in your email that you would prefer not to 9 have to go through our property to get to your house, but 10 until the Town of Los Gatos says it's okay to build a 11 12 driveway from Drysdale there isn't anything you can do 13 about this. I think you know we have always preferred an 14 approach that would provide access to your property from 15 Drysdale. If I'm interpreting your statement correctly, 16 and this is to Kevin, "we're on the same page. Independent 17 access from Drysdale solves many concerns related to 18 access, parking, circulation and safety. I'd like to 19 propose that we approach the Town together with a plan we 20 can all endorse. Let's get together and discuss this 21 approach as soon as possible. I think including your 22 architect and a planning consultant we've hired, John 23 Livingstone, would be helpful." 24 That was on June 15th. We got no response to that. 25 And while this talks about Drysdale, we're not bent on the LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 14 1 fact that it has to be from Drysdale. We know there are 2 some complications with Drysdale as the access point, but 3 we don't think the house should be sited 60' from our front 4 door, 30' from our property line, and have no landscaping 5 and basically be a parking lot at our front door. 6 Again, my letter cites I think a lot of examples a of where things don't comply with the Hillside Specific 9 Plan and the standards of the Los Gatos Specific Plan. to 1 I'm going to show you one more thing. A gentleman 11 architect who participated in the development of the 12 Hillside Specific Plan, I went and talked to him, and we 13 developed a footprint that we thought could be a very 14 acceptable footprint for both us and hopefully Sabrina and 15 Kevin. The house is preserved at roughly the same size, and 16 this is the setback line. And this is, I know it's very 17 difficult to see, but this could be guest parking. The 18 carport is removed and it's a subterranean garage. We think 19 it could be a great home, and again, we're not trying to 20 design our neighbor's home, but we were asked many, many 21 times what our problems with the design were, so we thought 22 we'd provide a suggestion. 23 24 I hope you'll support our appeal. We want to live 25 there forever and we want to do it with some privacy, and we don't want disputes with our neighbor going forward LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 15 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 about parking and circulation and turnarounds. There are nany, many other things, but I don't want to use up all the time. There are many, many other things. You've got to put fire tanks up there. We had to io it. And what we're hearing from Staff is nope; you don't have to put tanks up there. But you do. There's not a fire hydrant within 500' of this house, and so there are some safety concerns also. Anyway, again, I hope you'll support our appeal. We want to go back and work with the Applicant on a plan that will work for both of us. That's our intent. I don't want to get into this easement stuff. CHAIR BURCH: All right. Do we have any questions? Commissioner Badame, then Commissioner Talesfore. VICE CHAIR BADAME: I heard you very clearly that it's the parking at the front door and lack of landscaping that concerns you greatly. You also made note in your letter, which is going to be Exhibit 13, page two, about the bulk, mass and volume of the building impacting your (property. Can you elaborate on that? BRAD KROUSKUP: When we met with the architect and Sabrina we noted that our view is compromised quite a bit. We'd like to see that height of the structure worked LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road I on a little bit. It's at about 21' now, I think. We think 2 there are some designs that could bring it down. When we 3 suggested a couple of things they were rejected, and I 4 understand. 5 VICE CHAIR BADAME: Clarify your view to the 6 east. 7 8 BRAD KROUSKUP: North hillside. The hillside 9 that's across Shady Lane. 10 VICE CHAIR BADAME: Thank you. 11 CHAIR BURCH: Commissioner Talesfore. 12 COMMISSIONER TALESFORE: Just as clarification, 13 in light of the fact that you're addressing parking and 14 landscaping with this design, can you walk us through where 15 that all is? I saw that in our packet, but I really 16 couldn't understand what all of that is. 17 BRAD KROUSKUP: I understand. 18 COMMISSIONER TALESFORE: Just in front, not the 19 back. 20 BRAD KROUSKUP: It's not finely developed, but 21 22 this is a driveway from here to here. This is landscaping. 23 All of this is landscaping. This is landscaping against the 24 house that comes around. This is all landscaping. This is 25 landscaping. This is a landscaped strip that would be LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 17 I adjacent to our property line and fence. This is room for 2 three guest parking spots there. 3 COMMISSIONER TALESFORE: Okay, thank you very 4 much. s CHAIR BURGH: Commissioner Hansen. 6 COMMISSIONER HANSSEN: This proposal went in 7 front of the Development Review Committee on three separate a occasions, and they continued a coupled of times to address 9 some of the issues, and then it was approved. Has the 10 Development Review Committee or our Staff seen these 11 12 proposed designs that you have come up with for the house? 13 BRAD KROUSKUP: No, not before our submittal, and 14 I'm sorry to Marni, but I couldn't remember. We were here 15 at three Development Review Committee meetings and we were 16 prepared to present them, but we were asked not to. 17 CHAIR BURCH: I want to ask a quick question. I'm 18 making sure that I'm reading the overhead. I'm looking at 19 the alpha land survey, sheet one of two. For my fellow 20 Commissioners, this black and white photo here. 21 As I'm looking at this, as I look at your parcel, 22 I want to make sure that I'm seeing this properly. Your 23 garage is sitting directly adjacent to their proposed 24 carport, is that correct? 25 BRAD KROUSKUP: Yes, it is. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 18 I I CHAIR BURCH: What would be the approximate 2 height of your garage right now? 3 BRAD KROUSKUP: I don't know. It's single -story 4 and I think we have a 4:12 pitch roof. I'm going to guess 5 it's 16'. 6 CHAIR BURCH: Around 15' is my... 7 BRAD KROUSKUP: I think it's going to be 15' or a 16'. 9 to CHAIR BURCH: And again, just situating myself 11 here. As I was driving up there, your garage is here, your 12 house sits at a higher elevation than your garage, correct? 13 BRAD KROUSKUP: It does. 14 CHAIR BURCH: So if their carport was adjacent to 15 yours and was the approximate same elevation as yours, no 16 matter what height that was, whatever, you're still going 17 to be looking from your... You guys kind of have a very nice 18 perch up there, which is lovely. No matter what, really, 19 you're going to wind up kind of looking down on that. Am I 20 looking at that very correctly from how I was standing 21 around your house? Obviously I didn't walk on your 22 23 property, so I want to understand your vantage point from 24 standing there and looking down. Currently if you were to 25 look down, you are looking down at your own garage and you LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 19 I (would be looking down on the carport proposed directly next 2 Ito it? 3 BRAD KROUSKUP: Yes. From above, yeah. 4 CHAIR BURCH: Obviously your property lines are s quite close together. In your conversations with the 6 Applicant was there any discussion on what vegetation could 7 be planted between these two that could grow to an 8 acceptable level that perhaps would allow for some of the 9 parking and the items that they need, but would make sure 10 that you're not looking at concrete. Did you discuss that? 11 BRAD KROUSKUP: Not really. Our understanding 12 13 from Staff is there is no required landscape plan. We asked 14 many times if there is a landscape plan. 15 CHAIR BURCH: We're very fortunate up here to sit 16 and oftentimes look at items such as proposed landscaping 17 that can be written into our Condition of Approval. That is 18 something, as I was looking at this and was there today, 19 that I wanted to discuss with both of you when we have each zo of you up here. I'm not an arborist; I would perhaps 21 recommend that one be involved. But if we are looking at 22 how we can give them their required parking that we are 23 tied to by our own guidelines, would you be willing in this 24 process to look at proposed vegetation, trees, something 25 LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 20 I else that may grow to an acceptable height that would give 2 you somewhat of a visual barrier? 3 BRAD KROUSKUP: Yeah, we think there ought to be 4 landscaping in the proposed new project. I still believe s our primary concern is how cars circulate for both 6 properties and where that parking occurs. 7 s CHAIR BURCH: Sure. I'm just tackling one problem at a time. 9 to BRAD KROUSKUP: Okay, all right. I'm sorry. 11 CHAIR BURCH: You talked a lot about the visual 12 and looking down on that, and to me that seems like 13 something that perhaps we could solve a little easier than 14 the traffic, which I think we're actually going to have to 15 wait and discuss some of that with Staff when the time 16 comes. 17 Okay, do we have any other questions? 18 Commissioner Badame. 19 VICE CHAIR BADAME: When you purchased your 20 property 32 years ago, was it a vacant piece of land? Did 21 22 you have the home built, or was it already built, or did you renovate? 23 24 BRAD KROUSKUP: I'm sorry, we lived for a few zs years on Marchmont, then 19 years on Blueberry Hill Drive, LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 21 1 and then the last six years at our existing location. we 2 bought the house in its existing condition. 3 VICE CHAIR BADAME: Thank you. I was just 4 wondering how construction vehicles accessed the site when s the home was built on Quail Hill. 6 BRAD KROUSKUP: Yeah, I'm not sure. We weren't 7 there. 8 VICE CHAIR BADAME: Thank you. 9 CHAIR BURCH: Any other question? No? Thank you. 10 BRAD KROUSKUP: Thank you. 11 CHAIR BURCH: All right, we'll now give the 12 13 Applicant ten minutes to address the Commission. Michael 14 Vierhus. 15 MICHAEL VIERHUS: I had a prepared thing, but let 16 me address some of the things that he talked about that 17 might be helpful. 18 The height question that he has about the house 19 related to his house, when he says he thinks it was 21' but 20 he doesn't remember, it's only 16'. So the 21', there's not 21 a portion of this home that he can see from any vantage zz point on his property that's 21'. The maximum ridge is 19', 23 and the ridge that runs parallel that he would visually see 24 is only 16' high. The existing roof on that building that's 25 up there now that's 2:12, which you can see in your whole LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 22 I package, it's 141. So the ridge that's going to be in his 2 visual line is only 2' higher than the existing ridge, and 3 that house you've seen has a 2:12 pitch, which is not the 4 architecture that we think the property deserves. We kept s it down deliberately to reduce the impact on his property 6 as well. 7 a This front landscape issue has never been brought 9 up at any of these meetings. He's mentioned something about 10 parking, about parking within the setbacks. He's been told 11 that we satisfy all those requirements, that it complies 12 with all the hillside ordinances, and yet he throws in this 13 brand new one about the landscaping in the front. Is there 14 a way we can do some sort of landscape screening? Of is course. If it had been brought up in a meeting, there are 16 several things we could do. 17 The parking scheme that he put up there to me is 18 the most realistic way that cars could actually park and 19 maneuver, but the truth is if we stack cars the way his zo property was approved for, two cars in the garage, two cars 21 22 stacked behind it in that little driveway portion, if we 23 did the same operation we'd have no parking and no need for 24 the paving. zs The additional paving is actually trying to resolve the question that he's concerned about as well; we LOS GATOS PLANNING COMMISSION 912312015 Item #4, 15925 Quail Hill Road 23 1 are in some sort of turnaround. And there is actually —not 2 official —but there is actually a fairly reasonable 3 hammerhead type of scenario that would play out because of 4 the way we designed the home. I removed a portion of the s existing covered porch on the footprint of the home 6 deliberately to allow room for cars to maneuver in that 7 tight space up there. s COMMISSIONER TALESFORE: Could we put that up? 9 Thanks. 10 MICHAEL VIERHUS: Yeah, if you put it up I can 11 12 probably talk with this, probably talk from across the 13 room. Do you have that thing again that you could put up? 14 CHAIR BURCH: Those are my drawings, but it's 15 still going to show the turnaround point. 16 MICHAEL VIERHUS: Oh yeah, if you put it up 17 (inaudible). Okay, so I show the three cars that are 18 required over here, as we spoke before. These are the four 19 guest parking spaces. I proposed them in these four spots, 20 because I saw a scenario where they could each get out 21 without having to move all the other cars. But technically, 22 as Marni suggested, you can comply with the requirements by 23 stacking the cars, which would mean that I could put all 24 the cars here and I'd have no need for "parking" here. 2s LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 24 1 I But the reality is because of the turnaround 2 (situation on this property this area is valuable for us to 3 b able to make that maneuver, as well as a fire truck or 4 some sort of vehicle to be able to hammerhead out of here. 5 This is an important part, and the existing structure sits 6 right here, so we proposed this recessed area to provide that access. s 9 we also have landscaping here, and if this had to been brought up in one of the DRC meetings that we've had 11 several, and the other meetings that I've had with him, if 12 he had mentioned that we could have talked about ways to 13 address more landscaping possibility, or taller landscaping 14 in these areas to provide more screening. There's actually 15 a tree right here that blocks quite a bit of the story 16 poles when we stood on his property and saw them that we 17 could probably maintain and still make a turnaround work. 18 So that's relating to his parking and his 19 landscape question and the height of the ridge. zo The other stuff that I already prepared before he 21 spoke was I just want to let you know —and I think Marni 22 23 mentioned some of this already —that my clients started this 24 (process with a two -story home that was very similar in zs (design, size, height and whatever to Brad's house next door. They didn't get very far with Planning or the LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 25 I neighbors, because even though the neighbors all have two - 2 story homes they were objecting to a two -story home going 3 in next to them, which I guess I can understand, but that 4 meant that they couldn't do the two -story home process. s They were told by Brad and I guess other neighbors, before 6 I got involved, that a one -story solution would be preferable to them and they could support something in that s regard. 0 So my clients then attempted to design a one- 10 story home that would satisfy their programming needs in 11 12 size and whatnot, and they couldn't get one that would fit 13 (within the restricted limits that we have on this property 14 (that would give them any sense of a back yard or any 15 outdoor living space whatsoever. 16 So that's when they found me. I was working at a 17 project around the corner that had just gotten approved by 18 the Town of Los Gatos and I'm very familiar with the 19 Hillside Guidelines and all the rules, and I recommended 20 that they consider a one -story home, but some of the square zl footage being put underneath as a way to get the square 22 footage up competitive with what their needs were and get 23 neighbor support. And I said that I thought that proposal 24 25 had a chance to go through the DRC process and not end up here, and that I could get neighbor support, I could get LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 26 1 Planning support, and Engineering, and the outside 2 architectural consultant, I could get all their support 3 with a proposal like that, and we did. We had full support 4 of everyone, with the exception of one neighbor, and that's 5 why we're here tonight. 6 The other thing to keep in mind, the biggest s issue that's been running around out here that he is 9 mentioning, this existing home has been there for 58 years 10 using that existing driveway. 11 We've met with the neighbors to the east, to the 12 west; we've made concessions to the roof design to get 13 their support. They're all in support. One is in Aspen and 14 isn't here tonight, but he supports the project and he did 15 so in writing. The other neighbor has been spoken to and 16 they're in support of the project as well, and really, 17 those are the wo Y properties that adjoin... There are 18 only hree Y properties that adjoin, and both of them are 19 supporting it. 20 To be honest, the impact to Brad's home, standing 21 22 on his patio looking, the only impact is a very, very minor 23 2' taller ridge to a bare hillside on the other side that's 24 almost screened by trees as it is right now, so I really 25 don't see the impact. LOS GATOS PLANNING COMMISSION 912312015 Item #4, 15925 Quail Hill Road 27 1 He mentions the separation between the two homes, 2 when the truth is the separation that is proposed is 3 exactly the separation that is there now between the 4 existing home and his home, and the front door is 1 s further back than what was the minimum required between the 6 two properties. The truth is his home was built as close as he could to that setback, so in that crowded situation, in s our limited amount of development area on this property, we 9 don't really have a lot of choice and don't have a lot of to flexibility in moving the house around. 11 12 They mentioned the parking. We can park more cars 13 than what is required. It's really hard to see how he could 14 park even as many as is required on his property. We do 15 provide, like I said, pretty much a turnaround or a 16 significantly improved turnaround to what's there now. 17 They talked about in one of the meetings their 18 concerns were about the impact of construction, and when 19 they came in with their proposal for this totally different 20 design that was going to be basically maximum grading to 21 lower the home and bury the .home into the hillside, the 22 amount of heavy machinery and impact and dirt and 23 construction that it would take to even accomplish that, if 24 it was possible, would certainly be a lot more than the 2s impact of what we're proposing, which is the existing LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 28 1 Ifootprint and existing pad that's up there being fairly 2 maintained so the hillside stability is not in jeopardy, 3 there's not a bunch of huge trucks moving around, and 4 that's another reason why we're trying to maintain and save s some of the foundation and the footprint of the existing 6 home. 7 s Like I said, I guess we're only here because he 9 appealed the process. Everyone else: neighbors, Planning, 10 Fire, Engineering, have all supported this project, and so 11 I urge you guys to support it, as well. Thanks. 12 CHAIR BURCH: Thank you. Do we have any 13 questions? Commissioner Talesfore. 14 COMMISSIONER TALESFORE: I just wanted to is in our Staff Report it says that the proposed 16 (clarify; height is 21' according to Exhibit... I'm not going to be 17 (able to find it now. I only am asking because that's not 18 what you said, but that's what I'm reading. 19 MICHAEL VIERHUS: Well, they're actually probably 20 both true. The point is that the downhill side, the end of 21 the property where we've done the addition, the extension 22 23 that goes to the north; because the lot at that edge of the 24 property drops off so severe —the actual maximum height 25 defined by the way the Town defines the height —it's tallest at the very far northern end, the end farthest away from LOS GATOS PLANNING COMMISSION 912312015 Item #4, 15925 Quail Hill Road 29 1 Brad's home, the portion of the property that nobody looks 2 at. It's the north end; it has no neighbors. So any heights 3 that get above 19' that you're referring to would have to 4 be at that far end of the property. The main ridge is s off the pad, and the ridge that tees off and goes parallel 6 to his home, is 16'. COMMISSIONER TALESFORE: That's good to know, 8 because in Exhibit 4 it does say that the height is 9 proposed at 21'. I just wanted to be clear. So what you're to saying is the highest point is at the north end of this 11 12 building? 13 I MICHAEL VIERHUS: Exactly. 14 COMMISSIONER TALESFORE: Thank you. 15 1 CHAIR BURCH: Commissioner Hanssen. 16 COMMISSIONER HANSSEN: It was in our packet, but 17 I just wanted to hear it from you. It appeared that there 18 wasn't going to be any increase in setbacks. Maybe in one 19 location on the side it might have gone up a foot or two, 20 but relative to the existing footprint of the house you're 21 not moving the house closer to the neighbors? It's going to 22 stay basically where it is? 23 MICHAEL VIERHUS: Right, exactly. It doesn't get 24 closer to Brad's, and it doesn't get any closer to Bernie 25 LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 30 I and Marsha, and it doesn't get any closer than the limits 2 of the home now towards the other neighbor. 3 COMMISSIONER HANSSEN: And at the same time 4 though it's not being moved back either to the north? 5 MICHAEL VIERHUS: Oh, it's extended to the north 6 where there is nobody. 7 a COMMISSIONER HANSSEN: No, I meant the front of the house. 9 to MICHAEL VIERHUS: The front of the house is not 11 being moved one way or the other, no. 12 COMMISSIONER HANSSEN: It's exactly where it is 13 right now? 14 MICHAEL VIERHUS: Exactly. 15 CHAIR BURCH: Commissioner Talesfore. 16 COMMISSIONER TALESFORE: This is a follow up. Now 17 that you understand that there was a landscaping concern, 18 something that I think we heard you say is that you would 19 be willing to work with the adjacent neighbors? 20 MICHAEL VIERHUS: Well, I want to be really clear 21 22 that my projects get approved because I'm looking for a 23 win -win, and I've told that to Brad, and we've tried 24 everything. I mean even to the point of looking at other zs architects' solutions to this, which is kind of unorthodox. But I even thought that if there's a win -win, then I think LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 31 ? we should find it, because they want to live there happily 2 next to them, too. So we looked for a win -win, and if 3 anything, in that process every chance we've had we've 4 asked for input on what is his biggest concern, and we get s a lot of nothing specific. But if he had literally at the 6 meetings said that he was concerned about the landscaping, of course that would have been an easy fix. 8 COMMISSIONER TALESFORE: Thank you. 9 CHAIR BURCH: Okay, I want to ask a couple to questions. I want to actually be even more specific than 11 12 what Commissioner Talesfore was just saying, because when 13 you were talking you were looking at the landscape directly 14 in front of the house. I'm following this process, and is depending on where this goes I would very much like to 16 request that if you were at what we're looking at right 17 there, and you looked to the very left of those three cars, 18 it's a very, very thin strip there. 19 MICHAEL VIERHUS: This here? 20 CHAIR BURCH: I'm just saying right there. 21 would really encourage that there be a discussion between 22 you guys about what would be planted there that would 23 provide some type of height that's screening from the 24 vantage point down. I assume based on what you just said, zs LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 32 I you would be very willing to talk and see what could be 2 placed there that would provide some mutual screening. 3 MICHAEL VIERHUS: Yeah. Well, keep in mind, his 4 5 L1 paving is almost on the fence, so the only landscape screening that's presently there, and there is some, is all on our property as well. So if it's a matter of doing 7 a something in there that we can satisfy without losing 9 parking, without losing all the benefits of having the to extra space for turnaround, for parking, and all the other 11 assets, I don't see any reason why that would be a problem. 12 But keep in mind, his home is higher than this 13 home, there's no structure here that we're really 14 screening; the existing structure is almost 40' back. If 15 that's important to him, I think there's something we could 16 probably work out in there. 17 CHAIR BURCH: Okay, yes, because I do understand 18 all that, but I'm saying it seemed important and I'd like 19 to encourage that. 20 The second thing I had brought up earlier, but 21 wanted to address to you, is as Staff said, if there is any 22 damage on the road based on the construction trucks that 23 24 were going up and down your... The homeowner is fully aware 25 that they are responsible for repair of that, correct? LOS GATOS PLANNING COMMISSION 912312015 Item #4, 15925 Quail Hill Road 33 i MICHAEL VIERHUS: That's not a specific condition 2 to this project, that's any project that would be the 3 condition, so of course. 4 CHAIR BURCH: Sometimes that's in there, but s people aren't fully aware, so I just wanted to make sure. 6 MICHAEL VIERHUS: And actually, I think that 7 speaks to the other idea that this pursuit of another way s in, or dropping the house, or doing some significant 9 movement of dirt and stuff to drop this home as he's 10 proposing, like I said, the equipment and the work that ii 12 would take place would be much more impact on that road. 13 CHAIR BURCH: All right. Any other questions? No? 14 Thank you. is I do not have any other speaker cards on this 16 item, so the way this would work is you would have five 17 more minutes usually to address any concerns that came up 18 from other speakers. 19 MICHAEL VIERHUS: (Inaudible). 20 CHAIR BURCH: Yeah, if you want another five 21 minutes, you get another five minutes. 22 MICHAEL VIERHUS: (Inaudible). 23 CHAIR BURCH: That's what I'm saying. We did not 24 have anything. So then if you do not have anything, then 2s LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 34 I the Appellant has an additional five minutes to address the 2 Commission for any items. 3 BRAD KROUSKUP: One thing I would like to make 4 clear, and I believe this is a factual statement, we met 5 with Kevin and Sabrina just before they bought the house. 6 They came back shortly after buying the house with a two- 8 story scheme that was one elevation, not prepared by an 9 architect, and we let them know we had concerns. A year to went by and we didn't hear anything until story poles went 11 IuP• A year. We were never contacted, and it was only after 12 II sent an email that says, "Hey, the story poles are up. We 13 IshoUld talk." 14 I I don't believe Mike is characterizing the 15 increase in height correctly. You folks have seen the story 16 poles. This is hard to see, but I think you can see the top 17 of the story poles from the existing house. 18 But I will say height of the structure is not the 19 overriding consideration here, it's how do we circulate? 20 How do we comply with the Hillside Specific Plan? Let me go 21 back into my letter, and there are about five or six or 22 23 eight different places where this proposed project does not 24 (comply with the Hillside Specific Plan, whether it's proof 25 lof access... We know there's not proof of access that will LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 35 I support this construction right now, and we'd like to 2 memorialize that, but we know it's not there. 3 First American Title has suggested that Sabrina 4 and Kevin file a claim, because they misrepresented the s easement. We need to solve these issues, and it shouldn't 6 be after the fact. It shouldn't be after it goes down the road, and the Hillside Specific Plan is specific of that. e These things, such as proof of access, are solved on the 9 front end of a project, not at this point. 10 The parking in the front setback, that's a 11 12 specific of the Hillside Specific Plan, unless you want to 13 interpret it that you can pave a house right up to the 14 doorstep. 15 There are several others. They're all in my 16 letter from September 14th. Thanks for your consideration. 17 Appreciate it. 18 CHAIR BURCH: Do we have any other questions? 19 Commissioner Kane. 20 COMMISSIONER KANE: The first two are to the Town 21 Attorney. 22 The speaker is talking about proof of access, and 23 we're all talking about egress and getting in and out. That 24 to me could be a tipping point, but it's treated as de 25 minimus in the documents we received from the Town. Can you LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 36 I tell us what's going on with that road, and how it may 2 affect this appeal? 3 ROBERT SCHULTZ: I certainly have a legal opinion 4 as to the easements and the ability to access this 5 property, but that's not the Town's responsibility to make 6 that determination. What we've put in the condition is a 7 s condition that they have to have that issue resolved, 9 either with a new access agreement recorded, or with the to approvements approved prior to occupancy. 11 The last thing we want to do is make a legal 12 interpretation, or this Planning Commission to, as to 13 whether they do or do not have access, because that will 14 just open us up to litigation. The access should be 15 resolved between the parties, and will need to before they 16 can have occupancy. 17 COMMISSIONER KANE: What if they don't? 19 ROBERT SCHULTZ: If they don't get resolved, then 19 the courts are the right place for that to be resolved, not 20 by this body, because then if you make the determination 21 there is no access, the Town would be sued. If you say 22 23 there is access, you'll be sued. So they need to resolve 24 it, and if they can't resolve it amongst themselves then 25 the court would make that determination, which is the correct body to do it, and it wouldn't involve us. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 37 1 COMMISSIONER KANE: What happens to the project 2 in the meantime? 3 ROBERT SCHULTZ: They can move forward, but they 4 won't be able to get an occupancy certificate until it's s completed, so it's unlikely that it would move forward 6 until that issue is resolved; but we don't have the ability 7 to make that. We're not a court of law; we don't have the 8 ability to say yes, you do have access, or you don't have 9 access. 10 COMMISSIONER KANE: So the demo has been 11 12 approved, the A &S has been approved, everything is ready to 13 go, and really the one thing that could hold this up is the 14 road, is that correct? 15 ROBERT SCHULTZ: It certainly could. 16 COMMISSIONER KANE: Fascinating. 17 COMMISSIONER KANE: And you're willing to work 18 with them on this access issue ?. 19 BRAD KROUSKUP: Absolutely. We want to solve some 20 of our concerns. 21 COMMISSIONER KANE: Provided you get the design 22 you want? 23 BRAD KROUSKUP: Provided there is compromise. 24 I've just got to say something, Commissioner. Not one 2s suggestion that we've made to modify this house has been LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 38 I made. Not one. And it's been represented it's not 21'. It 2 is 21'. It is 60' from our front door. I'm going too far. 3 I want to answer your question. Yes, we want to 4 work with them to memorialize the easement. We have no 5 problem with that, but want a home next to us; again, I 6 said it before, where there's going to be circulation and parking. a 9 We want it set back further. I'll just say that. 10 What we put up there, it doesn't have to be that, but we 11 want it set back further. 12 COMMISSIONER KANE: I appreciate your 32 years of 13 citizenship and I appreciate your passion. And you've given 14 us an inch - and -a -half of material; I thank you for that. 15 Staff seems to think that we may not be able to find 16 substance to work with your appeal. What would you do, what 17 shall you do, if this appeal is denied? 18 BRAD KROUSKUP: Do we have an appeal right to the 19 Town Council? We're going to end up at Town Council. But 20 can I ask you a question? 21 COMMISSIONER KANE: Yes, sir. 22 23 BRAD KROUSKUP: You've done this for a long time, 24 and I think you're a stickler for the Hillside Specific zs Plan. There are a number of things —I didn't read this, but LOS GATOS PLANNING COMMISSION 912312015 Item #4, 15925 Quail Hill Road 193s] 1 everybody has it —that it doesn't comply. Staff says it 2 complies, but it doesn't. 3 COMMISSIONER KANE: That's a tough one. 4 BRAD KROUSKUP: I mean proof of access at the 5 initial stage of the project, and here we're in front of 6 the Planning Commission. We shouldn't be here tonight. This should have been solved months 'ago. And we were not s uncooperative; we were there willing to work on this. We 9 shouldn't be here tonight. 10 CHAIR BURCH: So Commissioner, I believe that 11 12 when we begin to have our discussion with Staff, that's the 13 time to address those, because we need to discuss with 14 Staff their interpretation. 15 COMMISSIONER KANE: I understand you want an up 16 or down on this. Is what you just said, with respect to 17 Town Council? 18 BRAD KROUSKUP: I'm sorry; I missed that. 19 COMMISSIONER KANE: I said what's the next step, 20 and you said Town Council. 21 BRAD KROUSKUP: I don't want- to go to Town zz Council. I want to work with the Applicant. 23 COMMISSIONER KANE: I misunderstood you. 24 BRAD KROUSKUP: You said if you deny our appeal, 25 what's the next step? We go to Town Council and talk to the LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 40 I Council. I don't want to do that. I didn't want to come 2 here tonight. I think this is something that should have 3 been worked out in technical review and DRC, and with Staff 4 and with the Applicant. 5 COMMISSIONER KANE: Well, this is a tough call 6 and I thank you for your passion and your work. 7 BRAD KROUSKUP: Thank you. 9 CHAIR BURCH: All right, Commissioner Talesfore. 10 COMMISSIONER TALESFORE: Thank you. A little 11 background I'd like to know. Someone lived next to you 12 before the house was vacant and was purchased by the Dongs. 13 How did the circulation work then? Were you there when 14 other people lived in the house? 15 BRAD KROUSKUP: Yes. 16 COMMISSIONER TALESFORE: So how did that 17 circulation work then? Because that house is what, 53 years 18 old? 19 BRAD KROUSKUP: Right. 20 COMMISSIONER TALESFORE: So it's been there a 21 long time, and you've lived there for eight years, six? 22 BRAD KROUSKUP: Six. 23 24 COMMISSIONER TALESFORE: Six. Okay, so you've had 25 experience with this. Because it's sort of grandfathered in, in a way, isn't it? The circulation, the parking? LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road M 1 BRAD KROUSKUP: No. I don't mean to be 2 disrespectful in any way, but no, it's not. 3 COMMISSIONER TALESFORE: Okay, well then tell us 4 a little bit about your experience with that circulation. s BRAD KROUSKUP: Can I first say though, this is a 6 new development. This is a clean slate. This is not a renovation of an existing house. It's been proposed as a s new development. The house is being taken down and we have 9 an opportunity to do better. to Our experience with our next -door neighbors, an 11 12 elderly woman, the last name was Paine, was bedridden when 13 we moved into the house. She had caretakers and it was 14 sometimes fine and sometimes fairly intolerable, because 15 the family that was taking care of her when she was living 16 there grew from a couple or three people to probably eight 17 or nine people. It was kind of a disaster at the end. 18 COMMISSIONER TALESFORE: But address the 19 circulation at that point. Help us with the issues of that. 20 BRAD KROUSKUP: Big problem. The house would zl appear as a parking lot for quite some time. We had a 22 derogatory term for the house, but I won't... It's not a bad 23 word, I just won't say it, it's not a nice 24 characterization. But it appeared as a parking lot at 2s times. Cars would back up our driveway; it was basically LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 42 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the only way to turn around once you get several cars in there. We had parking issues. COMMISSIONER TALESFORE: Thank you. BRAD KROUSKUP: Can I follow up just one thing? COMMISSIONER TALESFORE: If it's something Idifferent. BRAD KROUSKUP: It's a little different. When we bought our house we knew this property was going to be redeveloped. We just want it done right and we want to improve the condition. I don't think either property should go on for the next who knows how many more years and deal with it in its existing condition when it comes to circulation, access, and parking. COMMISSIONER TALESFORE: Okay, thank you. CHAIR BURCH: Commissioner Kane. COMMISSIONER KANE: Just on that point, the prior speaker said that the circulation and the access and the parking would improve from what is there now. Do you agree or disagree with that? BRAD KROUSKUP: I disagree. The house is going to get bigger. It has the capacity to house more people. COMMISSIONER KANE: Okay, thank you. CHAIR BURCH: All right, do we have any other questions? No? Thank you. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 43 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL VIERHUS: May I respond to that? CHAIR BURCH: No. That was... unfortunately that was right before his. MICHAEL VIERHUS: But I can't respond to him before (inaudible). CHAIR BURCH: No, and actually we can't even have this dialogue. That's not supposed to happen either. So I'm going to close the public portion of this and ask if my Commissioners have questions of Staff, comments, or would like to make a motion? Commissioner O'Donnell. COMMISSIONER O'DONNELL: I just want to deal with the easement for a second, so I'll direct this to the Town Attorney. As I understand it, and I've looked at the Town reports, there is no question that there's an easement. The only question is how wide is the easement. ROBERT SCHULTZ: Correct. COMMISSIONER O'DONNELL: So I think we've all got to understand that there is a recorded easement that everybody agrees to. What they don't agree on... Well, what they also agree on is that the legal description does not describe the width of the easement. Secondly, that easement has been used for 50- something years, so clearly it supports a vehicle. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 44 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My understanding is we don't deal with this issue. We just assume that they can resolve that, and if they can't resolve it they can go to court, but we cannot resolve that issue. But I think it's unfair to say there's no easement. There is no argument by anybody that there is not a recorded easement. So I just wanted to make that clear, unless the Town Attorney says I misspoke. ROBERT SCHULTZ: No, you're absolutely correct, and I'm sorry if I wasn't clear on that. All parties agree there's an easement, just as to the width and (inaudible) location, but it has been there for a very, very long time. CHAIR BURCH: All right, do we have any other questions, comments? Commissioner Talesfore. COMMISSIONER TALESFORE: Could I ask Staff about the number of cars that are necessary for this house? here. parking? CHAIR BURCH: Yes. Ms. Moseley. COMMISSIONER TALESFORE: I see seven cars drawn MARNI MOSELEY: So you're asking about required COMMISSIONER TALESFORE: Yes, let's talk about the required parking. MARNI MOSELEY: The Town Code requires two separately accessible parking spaces for each single - family LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 45 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residence. Town Code also has requirements for secondary units. When the secondary unit was legalized —it was constructed and then legalized in the late 1980s —that was legalized with one parking space. The required parking for this property is three separately accessible parking spaces. The Hillside Specific Plan talks about providing guest parking onsite when that is not available on the street, when there is no street parking available, anticipating that in developments as much as possible. Those are not required parking spaces. It talks about providing four onsite for guest parking, but Town Code does not require them, and so Town Code requirement that the required parking not be provided in the front setback is only speaking to those parking spaces required by Town Code, which are the three parking spaces. CHAIR BURCH: Commissioner Hanssen. COMMISSIONER HANSSEN: I did want to ask Staff, I mean obviously this appeal letter came out with all this documentation literally within the last week. But I'm hearing that the Appellant feels that Staff's analysis of this project's applicability and fitting within the Hillside Design Guidelines is in question, and I just wanted to know how you might respond to that? Because the LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road OEM 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 statements that are in this letter are judgment issues about view and site lines and whatnot, and so I just wanted to know a) Have you had a chance to review this? And b) Does Staff have any reason to rethink their position about whether this applies to the Hillside Guidelines? MARNI MOSELEY: Staff reviewed that letter as well as the two previous letters, which predominantly included the same points of contention by their consultant. Staff provided two separate responses to each of those items of concern, and did not feel it was necessary to provide additional responses to the same items that had already been addressed by Staff. So you can refer to those letters; Staff did include it in the Staff Report to address those items. COMMISSIONER HANSSEN: Okay, thank you. CHAIR BURCH: So I know it's in here, but just for clarification for everyone, this did go in front of the Fire Department? They have reviewed this? MARNI MOSELEY: Yes. CHAIR BURCH: Their comments, based on what I read, are that they find the property to be accessible, they could get an emergency vehicle in and out of this property safely, and it meets all their requirements. Am I correct in what I read? LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 47 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARNI MOSELEY: Correct. They looked at it over and over again throughout the Development Review Committee process, and as additional concerns by the Appellant were raised they went out and looked at the site again and continued to make that determination. CHAIR BURCH: Okay, thank you. Do we have any other questions or comments, or does anyone want to venture a motion? Commissioner O'Donnell. COMMISSIONER O'DONNELL: I'll make a motion. I'll make a motion that we deny the appeal. We find that the project is categorically exempt pursuant to Section 15303. Make the required findings as required by Section 29.10.09030(e) of the Town Code, and that's in Exhibit 2. Make the finding the project complies with the Hillside Specific Plan, also Exhibit 2. Make the required considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site Application, Exhibit 2. And approve Architecture and Site Application 5 -14 -027 with the conditions contained in Exhibit 3, and the developments plans attached as Exhibit 14. That would be the motion. CHAIR BURCH: Do we have any questions or comments? Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road MM I 2 motion. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I was going to second the CHAIR BURCH: All right. We have a motion and a second. Do we have any other discussion before we take a vote? All right. All in favor? Passes unanimously. Are there appeal rights, Mr. Paulson? JOEL PAULSON: There are appeal rights. Anyone who is not satisfied with the decision of the Planning Commission can appeal that decision to the Town Council. The forms are available in the Clerk's Office. The appeal must be filed within ten days and there is a fee for filing the appeal. LOS GATOS PLANNING COMMISSION 9/23/2015 Item #4, 15925 Quail Hill Road 49 This Page Intentionally Left Blank