Attachment 2LOS GATOS PLANNING COMMISSION 4/27/2016
Item #7, 126 Clover Way
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Mary Badame, Chair
D. Michael Kane, Vice Chair
Charles Erekson
Matthew Hudes
Tom O’Donnell
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(510) 337-1558
ATTACHMENT 2
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P R O C E E D I N G S:
CHAIR BADAME: We’re going to move to our new
public hearing, which is Item 7, and I do not have any
speaker cards for the Applicant. Are they here? Okay, all
right. I would call your name, but I don’t know who you
are.
Item 7 is 126 Clover Way, Architecture and Site
Application S-15-059, requesting approval to demolish an
existing single-family residence and to construct a new
single-family residence on property zoned R-1-10, APN 532-
15-005.
May I have a show of hands from Commissioners who
have visited the site? Are there any disclosures from
Commissioners?
Ms. Puga, I understand you’re providing us with a
Staff Report.
JOCELYN PUGA: Good evening, Commissioners. The
Applicant is proposing to demolish a 2,219 square foot
single-family residence and construct a 3,775 square foot
single-story residence with a 522 square foot detached
garage. Pursuant to Town Code the maximum square footage
for the lot is 3,803 square feet.
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The project was referred to the Planning
Commission because it would result in the largest residence
in the immediate neighborhood with regard to square footage
and FAR. The proposed residence would be 765 square feet
larger than the largest residence.
The Town’s consulting architect reviewed the
plans, visited the site, and commented that the proposed
design will have a more modern appearance compared to the
other homes, but is well designed with form, scale and
materials that are compatible. The consulting architect had
three recommendations for the project, of which the
Applicant has incorporated two into the plan set before you
this evening.
The Applicant has chosen not to incorporate the
consultant’s recommendation to modify the roof material,
stating the metal roof is consistent with the design of the
home and the architecture style.
Staff recommends denial of the application based
on the side of the home in comparison to others in the
immediate neighborhood, and the fact that the proposed roof
material does not relate to the scale and texture of those
in the neighborhood.
This completes Staff’s presentation and we are
available for any questions.
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CHAIR BADAME: Thank you, Ms. Puga. Are there
questions of Staff at this time? Seeing none, thank you
very much for your presentation.
All right, we will now open the public testimony
portion of the public hearing and allow the Applicant and
their team ten minutes to address the Commission. I will be
calling Mister from the audience; I don’t know your name
still.
MICHAEL PAGE: Hi, my name is Michael Page; I’m
the property owner of 126 Clover Way. I just want to thank
everyone for allowing us to present tonight. I also want to
thank everybody for the gift of about five hours. When I
saw that we were on the agenda as Item 7 and following the
North 40, I packed a small sleeping bag and little Cheez-It
snacks in there.
Anyway, to get back onto the topic at hand: Our
house. When my wife and I both moved into Surrey Farm we
fell in love with the style of the neighborhood, the scope
of the ranch homes, the single-story feel, and also the
quiet secluded nature of the neighborhood. The neighbors
were also an added bonus.
When we purchased the house we always knew that
we were going to be doing a remodel project, and as we
started developing our family—I have three kids, a five, a
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three and a zero, all girls—it became clear that we needed
more room than the house had; it’s a three-bedroom house.
In addition, my wife and I both work from home.
She’s a radiologist and I do business development in
anesthesia at Good Samaritan Hospital, and part of that
includes a lot of time at home doing business work and
requiring business offices. As I think Commissioner Kane
can address when we walked in on my wife reading films in a
small ex-laundry room, he probably got an idea of what
we’re dealing with right now. Most of my business meetings
are in the garage.
In creating this home it was important to us,
number one, be consistent with the size and scale and scope
of the neighborhood, and when we created this home we tried
to do that. We wanted to keep a one-story platform, and we
did that. We wanted to use materials that were consistent
in the neighborhood, and we did that.
With respect to the roofing material, the
standing seam metal roof appealed to us on this particular
home because it is a more contemporary home, and as it was
noted in the consulting architect’s letter, yes, it is a
contemporary home and the roof is well-designed and most
consistent with that style of home. The request to change
the roof would result in what we felt to be kind of a
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Frankenstein home where you take a well-designed home with
a roof in a roofing material that is consistent, and change
it over to something that is inconsistent with the design
of the home.
As far as what I’ve done here—I can pass these
out, there are enough for all the Commissioners—is outlined
the use of this type of roof in just our immediate area.
There are seven homes and structures in the area within
3,000 feet of our home, by the crow flies, so it’s not like
this is an inconsistent and completely novel type of
roofing material within the home.
In addition, our home is one of the only homes in
the immediate area that doesn’t have a pool, and most of
our neighbors have photovoltaic or solar water panels on
the street side of their roofs, so regardless of what type
of material they have, you’re looking at solar panels. So
we felt we wanted to maintain consistency with the design
and put a roof on that would be most consistent with that
and look best.
As far as the size of the home, yes, we are
building the largest home in the area, but please keep in
mind that none of the houses in our immediate area have
been rebuilt. They were all built in the 1960s, and in fact
this is the exact type of home that I grew up in. Three of
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us in one bedroom, Dad went to work; Mom stayed home and
raised the kids. Now it’s a different deal. We have two
working parents, both of whom are working at home. Our
growing family, three now, maybe more to come, please no,
and then also in addition, because family is important to
us, having my wife’s mother come down to help with the
children in our dual-career roles, and having a nanny
quarters for her. Because of the cost of living down here
it’s prohibitive for them to move from their current
location where they retired in Sacramento down here to Los
Gatos.
So this kind of comes to where we are with our
home. We’re being judged and compared against homes that
were built in the 1960s to a 1960s lifestyle. What we did
when we designed our home, and designed this particular
residence, was we followed the rules put forth by Los
Gatos, and that’s what you see before you. We wanted the
buildable area to lot size, and that’s what we did. We
didn’t know that there was another X factor in there as
well.
Is there anything else you wanted to say?
EUGENE SAKAI: Eugene Sakai, architect for the
Pages.
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I think to Dr. Page’s last point about the floor
area ratio issue, it was fairly disheartening to us as
client and architect to have worked extensively with Staff
over a period of really months and…
MICHAEL PAGE: Almost over a year.
EUGENE SAKAI: Almost over a year, and to have
the end result of that be a recommendation for denial.
Certainly I think the reasons and the precedent for it is
probably something you’ve heard before, but from where I
sit as an architect, to recommend denial on the basis of
something that is not necessarily straight out of the
Zoning Ordinance, that being the maximum FAR of older homes
in the neighborhood, when our project meets the FAR
standards, has elicited support design-wise from the Town’s
consulting architect, and we satisfied all of the other
technical considerations from Town Staff, as I said, it’s
fairly disheartening. I realize it poses to the
Commissioner somewhat of a high bar for you to consider our
project in light of that recommendation for denial and
consider overturning that recommendation.
One thing, as an architect, when we set out to
design projects is we do outreach to the Planning
Department and we look into the Zoning Ordinance, but the
type of information about the floor areas and sizes and lot
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areas of existing homes is not something that’s readily
available to us on the outside of the Town’s databases and
proprietary information of applications that have been
submitted in years past, and so I guess that’s why this
information about us being in violation of the past
precedent came as a bit of a surprise, and a discouraging
one at that.
MICHAEL PAGE: This was also important to us.
Kristen and I did not want to have the mausoleum on the
hillside. It is a big house, but in doing that with the
story poles in place and with the planning packet we went
to every single neighbor around us, eight neighbors. We sat
down with them, we went over the planning package, and
unanimously they thought it was a well-designed house, they
thought it would be an asset to the neighborhood, and they
supported the project. None of them said that’s a monster,
or that looks out of place in our neighborhood. And it’s
consistent with the consulting architect, again, who said
that this house is in design and scale consistent with the
neighborhood. So I just wanted to mention that we have
worked with the neighbors and made sure that from the
neighbors’ standpoint, it works.
CHAIR BADAME: You still have time remaining, if
you wish.
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MICHAEL PAGE: Okay. One last thing that is a
minor point, but something to consider with regard to our
particular lot, our lot is one of the few lots in that cul-
de-sac area and the surrounding area that does not have a
pool, so when you’re looking at lot size, buildable lot
size, our home is actually better proportioned than most of
the homes in our immediate area with regard to what they’re
able to do with their buildable lot size and buildable lot
area.
I think that’s all I have to say, so in summary,
we’re planning a home to meet our needs. We certainly
consulted with Town Code, and we’re designing a home that
was consistent with Town Code and the objective rules that
were put forth, and we used not only a consulting
architect, but also neighbors to make sure that what we had
designed was appropriate. The materials that we use,
there’s precedent in the immediate neighborhood to use
those materials.
I appreciate your consideration of our project.
Thank you.
CHAIR BADAME: Mr. Sakai, please be sure to fill
out a speaker card for us. Don’t go away yet. I’m going to
look to the Commissioners to see if they have any questions
for you.
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COMMISSIONER HUDES: A few questions. One is just
a detail in terms of the arborist report. On page 3 of 27
there’s an item about protecting the magnolia tree, and I
wondered if you’ve agreed to use the trenchless method
that’s recommended for drainage to protect that magnolia?
MICHAEL PAGE: Yeah, that magnolia is the most
beautiful magnolia in that Surrey Farm neighborhood, and
it’s actually the highlight of our… We actually built and
designed the house around that particular tree, so yes,
we’re going to do everything we can to maintain it and
protect it.
COMMISSIONER HUDES: Thank you. I had some more
questions of the architect, but I don't know if the other
Commissioners…
CHAIR BADAME: I do have a question about
architecture, too, so I’ll go ahead with my question and
then I’ll circle back to you.
I appreciate your concerns and your reasoning for
wanting a metal roof, and I believe it’s more or less for
environmental reasons from reading your letter, is that
correct? So why wouldn’t you consider metal shingles as
opposed to the standing seam roof, as suggested by Larry
Cannon in Exhibit 7?
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MICHAEL PAGE: From a personal standpoint, we
really like the look of the standing seam. We thought it
was a clean look, it went well with the contemporary ranch
design of the home, and we really liked the way that it
interfaced with the materials as far as the stucco, stone
and the nice clean standing seam roof.
In addition, we’re planning on doing solar panels
on the back south side of the lot, which faces our back
yard, and the standing seam roof is really the most ideal
for clipping on solar panels without having to penetrate
through. With actual shingles you have to penetrate through
and then get into a situation where then there’s no point
in having a metal shingle… I’d be worried about penetration
issues there.
CHAIR BADAME: Thank you. Commissioner Hudes.
COMMISSIONER HUDES: On the roof—and I find this
very helpful, but I’m getting it today—was Staff made aware
of these other comparable homes that have the metal seam
roofs as well?
MICHAEL PAGE: I don't know if the consulting
architect was. I put it in our letter as kind of a
parenthetical point, but I don't know, Jocelyn, if you had
been aware of it.
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JOCELYN PUGA: Staff has been aware of those
comparable homes. They weren’t in our defined immediate
neighborhood, so that was a message to the Applicant, but
Staff reviewed them.
COMMISSIONER HUDES: Okay, thank you. Then, in
terms of the roof, I understand the argument that this type
of roof uniquely matches the design of the home. Maybe I
could hear a little more from the architect on that as to
why this matches the home and why other neighborhood
compatible roofs do not match the design of the home.
EUGENE SAKAI: Certainly from a functional
standpoint any of the suggested roof materials could work,
asphalt shingle, wood shake, and the roof form itself is
versatile enough to accept any variety of materials, but
really what we were trying to reflect with this design and
concept is a house that is formally—and when I say formally
I mean in terms of its form and its massing—tied into the
predominately ranch style character of the 1960s homes but
reflects more of a contemporary exterior palette of
materials.
I will say that in my 20-plus years of practice,
mostly in residential, I’ve seen a dramatic shift in
clients’ taste over the last ten years. Ten years ago,
proposing a metal roof in front of a commission like yours
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and Los Gatos would really be unheard of, but we’re being
asked by clients all over the Bay Area and the Peninsula
for this type of product on houses that are oftentimes much
more contemporary then this, and I feel that a house should
be reflective of its time. I feel like the metal roof, for
the reasons Dr. Page mentioned, is reflective of current
taste, as was wood shake and shingle back in the 60s and
70s.
I think in terms of just an overall palette, the
clean lines, the vertical ribbing, all of that reinforces…
Some of the things that are on the walls of the house, the
joints between the wood, the score joints in the stucco,
the windows themselves will be metal, and so there’s a tie
between the wall material and the roof material, and for
the environmental reasons Dr. Page mentioned before.
And also cost reasons, I think. As the popularity
of metal roofs have increased they become more cost-
friendly and more within the reach of homeowners, and
that’s why you’re starting to see them much more commonly
these days, and I think it is a reflective material for a
contemporary home for many reasons.
COMMISSIONER HUDES: Thank you. That’s very
helpful to me to understand the rationale; not just the
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statement that it’s compatible, but the rationale behind
it.
CHAIR BADAME: Vice Chair Kane.
VICE CHAIR KANE: Mr. Sakai, I appreciate
changing times, changing values, but the language hasn’t
changed, and you must know that. The proposed metal roof is
grounds for denial. The largest house in the neighborhood
is grounds for denial. The fact that it doesn’t look like
the houses in the immediate area is grounds for denial.
I don’t make up the law; I apply. I can’t bend
them; I can’t change them. I apply them. Sometimes I get
flabbergasted. I go into a beautiful couple’s home,
beautiful children running around, and then I’ve got to
maybe not make them happy, and that drives crazy.
We have language that says do not be the largest
house in the neighborhood, and this isn’t a scooch of a
house. The square footage on the neighboring houses are
2,200, 2,400, 2,330, 2,000, 2,500, 2,600, 2,900, and yours
is 3,775. That’s not even close. That’s a gee, maybe
they’re not looking. It’s upsetting and I wish this were
otherwise. That’s it.
CHAIR BADAME: Any further questions?
Commissioner Hudes.
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COMMISSIONER HUDES: I had another question about
architecture, and I know there were comments about the
garage. The garage seems to have a different style to it
than the residence, and I was wondering if you could
explain to us a little bit the thinking on the garage and
why it wasn’t connected to the residence under maybe one
roof, thereby reducing the footprint? Because I think
there’s a space in between the residence and the garage as
well, so it seems to be taking up more of a footprint of
the lot by doing that, and it seems it would potentially
eliminate the add-on sort of box feel of the garage and be
more compatible with the neighborhood.
EUGENE SAKAI: That’s a great question. The
garage was designed to meet the particular ordinance on
accessory structures, and as such is required to be a
certain distance from the house and to have no more than a
certain roof element connecting the two structures. The
advantage of an accessory structure is that you are
afforded some relief on setbacks; in this case it would be
really a rear setback, by designing a more modestly scaled
structure with certain square footage limitations. We
actually chose not to put a roof on it in order to scale
the structure down, knowing that it was an accessory
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structure, and we could have actually put a roof on it, but
chose not to in order to reduce the scale.
CHAIR BADAME: Commissioner Hudes.
COMMISSIONER HUDES: As a follow up, if the size
of the residence were reduced, would it be possible to
include the garage and not have it as an accessory
structure?
EUGENE SAKAI: Sure, yeah. I mean in concept,
yeah.
COMMISSIONER HUDES: Thank you.
CHAIR BADAME: Thank you. Seeing no further
questions from Commissioners, would anybody in the audience
like to speak on this so I can invite some public comments?
I don’t see any, so we’re back to you. You’ve got more
time, if you like; five minutes.
MICHAEL PAGE: To Commissioner Kane’s point, I
appreciate you coming out and spending the time to at least
evaluate the site. I understand your concerns.
I guess one of my thoughts is the Town has
objective measures against which you can design a building
or design a new building. As I said before, the homes by
which we’re being judged and to which we are adjacent are
homes that were built in the 1960s and have never been
rebuilt. We all know what the cost of rebuilding in Los
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Gatos is, and to swap out a home for home doesn’t make a
lot of sense from a financial standpoint, and that’s why,
honestly, none of those homes have been rebuilt.
But I’ll tell you, when I look at my neighbors—
and I’m thinking of three in particular—on their 2,400
square foot homes, their 2,800 square foot homes, all their
cars are parked outside because they’re using their garages
as offices. So I understand the idea of a large home and a
not large home, but when you look at the home from the
outside I think you can argue that 5’ up toward the
magnolia tree and in modest amounts towards the front, and
that’s what people see.
When we designed this we tried to include square
footage in areas that number one, weren’t going to affect
the neighbors, and number two, were noticeable to us and
onto parts of our lot that were not usable, so our backside
lot, our western-facing lot, which is dirt space now,
that’s where the majority of our expansion was, and then we
captured an overhang that was useless to us in terms of
capturing more space.
So yes, it is a large home, but I think from the
street side impact… The neighbors will agree that the
design they like, even though it’s maybe different from
theirs, and the size and scale is consistent and not
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offensive at all, and in fact people have, again, I’m going
to say they have unanimously embraced this design.
When you look at our home currently, it’s the
only red brick home in the area, and so actually it’s more
inconsistent with the surrounding homes than any. The
person that built it was a mason that did the whole Surrey
Farm thing, so I guess he had some leftover brick from San
Quentin and he built our home, and it’s in fact the ugliest
home in the area, because its materials are the most
inconsistent with the surrounding homes. Thank you.
CHAIR BADAME: Excuse me; you still have two
minutes to complete. Would you like to continue talking
before we ask you questions?
MICHAEL PAGE: I think you understand the point
that I was trying to make.
CHAIR BADAME: We have your point. Vice Chair
Kane has a question for you.
VICE CHAIR KANE: I understand what you’re
saying, and I’m very empathetic and very disconcerted that
I can’t find a way to immediately provide you when my job
is to protect the whole town with language that is designed
to protect the whole town and all of the citizens. The
largest house of the two-two-five comparisons for immediate
neighborhood are words that we went to great lengths to get
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into Residential Design Guidelines 15 years ago, and I’ve
got the sticky-wicket job of needing to protect those
words. Thank you.
CHAIR BADAME: Any further questions? Seeing
none, thank you very much. You can sit down now.
We will now close the public testimony portion of
the hearing and ask if any Commissioners have questions,
comments or a motion? Commissioner O'Donnell.
COMMISSIONER O'DONNELL: I just have some
comments before I hear from everybody else. I agree with
Commissioner Kane. It’s not like a secret what our design
guidelines say, and clearly this building does not meet the
design guidelines. Were one to simply say because of the
changing times we’re just going to keep changing the
neighborhoods, that’s fine as long as the guidelines
change. But until the guidelines change, we don’t do that,
and I would think there’s a good reason we don’t do that.
Well, the North 40 is a good example. People buy
into this town expecting things to remain the same. We know
things don’t remain the same, but this house is
dramatically different than the neighborhood. It is larger
by a substantial size. None of this should have been a
surprise to anybody, so if somebody comes in and says I
know we’re not abiding by your guidelines, but nevertheless
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here’s why you should ignore your guidelines, it wouldn’t
be a very successful argument, but it would acknowledge the
guidelines. In essence to say you didn’t know about the
guidelines, which is implicit in what you’re saying,
strikes me as odd.
But in any event, I think the house is too big,
and I think it doesn’t blend into the neighborhood at all.
I have no trouble with the roof. We have approved standing
metal roofs before, so my problem with this house is not
based upon the standing metal roof. I think in some
instances it’s quite good, and were this house to be built
as it’s designed it would probably be a good design.
For the reasons Commissioner Kane said, and if
one looks at the Residential Design Guidelines the reasons
are quite obvious, I’m not going to support this
application.
CHAIR BADAME: All right, I will add my comments.
Being that this is the largest house in the immediate area
it magnifies two issues for me.
One, you’re on a predominant corner, so you have
a great visual impact on top of being the largest house in
the neighborhood, and the style and materials are not quite
consistent with the neighborhood context.
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I have in the past supported metal roofs. I think
I could in this case, but I would like to see a metal
shingle roof. I think it would blend a little better just
as Larry Cannon stated per Exhibit 7.
Those are my comments. I would not be able to
render an approval tonight.
Commissioner Erekson.
COMMISSIONER EREKSON: In the interest of time I
would just say that I would agree with the essence of what
Commissioner O'Donnell said.
CHAIR BADAME: Would anybody like to entertain a
motion, unless I have further comments? Commissioner
O'Donnell.
COMMISSIONER O'DONNELL: I will move that we deny
the application for Architecture and Site Application S-15-
059 for all the reasons we’ve stated, but boiling it down
to its essence, it does not comply with the residential
guidelines, in particular the size is so much greater than
the rest of the neighborhood; the style is so significantly
different than the neighborhood; and then the other reasons
that we had talked about that fan out from that. So I would
move that we deny the application.
CHAIR BADAME: Do we have a second? Commissioner
Erekson.
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COMMISSIONER EREKSON: I’ll second the motion.
CHAIR BADAME: All right, I will call the
question. All in favor? Passes unanimously.
Mr. Paulson, are there appeal rights of the
actions of the Commission on this item?
JOEL PAULSON: There are appeal rights, thank
you, Chair Badame. Anyone who is not satisfied with the
decision of the Planning Commission can appeal that
decision. The forms are available in the Clerk’s Office.
There is a fee for filing the appeal, and the appeal must
be filed within ten days.