Attachment 21
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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
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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.
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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
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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
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discussed in the Development Review Committee process, or
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is this new information or an idea? I mean there was some
zz
mention that the Applicant felt that wasn't feasible when
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they talked to their architect about it, but I just wanted
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to know where that communication was.
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LOS GATOS PLANNING COMMISSION 9/23/2015
Item #4, 15925 Quail Hill Road
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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an opportunity to do better.
to
Our experience with our next -door neighbors, an
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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
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circulation at that point. Help us with the issues of that.
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BRAD KROUSKUP: Big problem. The house would
zl
appear as a parking lot for quite some time. We had a
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derogatory term for the house, but I won't... It's not a bad
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word, I just won't say it, it's not a nice
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characterization. But it appeared as a parking lot at
2s
times. Cars would back up our driveway; it was basically
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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.
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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.
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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
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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
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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?
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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.
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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.
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