Loading...
Attachment 3LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Mary Badame, Chair D. Michael Kane, Vice Chair Kendra Burch Charles Erekson Melanie Hanssen Matthew Hudes Tom O’Donnell Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 ATTACHMENT 3 LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR BADAME: We are moving to Item 3, which is 16362 Hilow Road, Architecture and Site Application S-16- 011, to consider an appeal of a decision of the Development Review Committee approving an Architecture and Site Application to construct a new single-family residence on property zoned R-1:8, APN 532-04-082. May I have a show of hands from Commissioners who have visited the site? Are there any disclosures from Commissioners? Seeing none. Mr. Paulson, I understand you will be providing us with a Staff Report this evening. JOEL PAULSON: I will provide a brief Staff Report. There’s not much to add above and beyond what is in the written Staff Report, but generally this is a parcel that’s currently vacant. There was a home on it prior to it being vacant, which was granted approval to be demolished within the county. The applicant submitted an application, and the application went to three DRC hearings. The first two DRC hearings the matter was continued, and at the third hearing it was ultimately approved. Over that time the Applicant LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tried to work with the neighbors in an effort to address the concerns that were raised, which were varied, and ultimately at the final hearing the adjacent neighbor, the Wagners, came and spoke and had mentioned that they felt their concerns were adequately addressed with the changes. Subsequent to that an appeal was filed, and generally that is outlined in Exhibit 15; all of the relevant reasons for why the appeal was filed are in the Staff Report. Generally, there were concerns with the cellar, and also with neighborhood compatibility issues with mass, size, two stories, and the existing neighborhood that’s out there. The Appellant is also obviously here and she will be presenting, and I will be passing out a hard copy of the PowerPoint that she’ll be going through. Additionally, the Applicant has provided some photos that I will also pass out at the same time. After addressing the concerns, and at the final hearing, the Development Review Committee determined, as was originally the case at the first hearing, that the application is consistent with the Residential Design Guidelines, is consistent with the neighborhood—there is a two-story house directly adjacent to this property—and was in compliance with all of their applicable requirements, LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and therefore approved the application, as stated previously. Therefore, as recommended in the Staff Report, Staff recommends that the Planning Commission deny the appeal and approve the Architecture and Site Application as set forth in the Staff Report. That concludes Staff’s presentation, and we’re here for any questions. CHAIR BADAME: Thank you, Mr. Paulson. Questions? Commissioner Hanssen followed by Vice Chair Kane. Go ahead, Commissioner Hanssen. COMMISSIONER HANSSEN: The first question I had on this is did I misread the application, or would this not be the largest house in the neighborhood? JOEL PAULSON: It will not be the largest house in the neighborhood from a square footage standpoint. The property adjacent to it is 3,584 square feet, so it is larger in square footage. COMMISSIONER HANSSEN: I’m looking at the combination of the house and the garage, and on page 5 of the Staff Report it says 4,411 house and garage, and I don’t see anything smaller than that. JOEL PAULSON: We provide that information for the Planning Commission’s consideration. We don’t take that LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 into consideration when we’re looking at it. We look purely at the square footage for the house and the garage separately. And again, we look at the immediate neighborhood as one component as defined in the Residential Design Guidelines, but there are also other homes in the immediate area, not in the defined immediate neighborhood, that have FAR in excess of both house and there are some garages that are similarly sized. COMMISSIONER HANSSEN: But yet it is among one of the very largest houses in the neighborhood if it does get approved. I’m just wondering why this didn’t come to the Planning Commission when we’ve seen other applications where it’s one of the largest houses in the neighborhood. I was kind of curious about that, and why it had to come to appeal that a resident would have had to pay for when it’s very much on the high end of the neighborhood. This isn’t even talking about the cellar; this is just the two-story house. JOEL PAULSON: After Staff’s objective review of the application, in light of the existing policies and guidelines and code, Staff determined that it was compliant with the Residential Design Guidelines and the code, so LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that’s why Staff didn’t forward it to the Planning Commission. If it was the largest house in the neighborhood, then that probably would have automatically triggered it. Staff would have brought that forward, which is typically what you see. The other typical scenario is if there were no two stories in the immediate neighborhood, we would have brought that forward too. That’s pretty typical protocol from Staff. CHAIR BADAME: Confirm that house that’s next door is in the county, so do we consider county property that’s not subject to the Town of Los Gatos Residential Design Guidelines? JOEL PAULSON: We consider county; that’s the immediate neighborhood. If we used that marker, then there would be no immediate neighborhood in this scenario. CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: What’s the status of 16386 Hilow, which I believe has similar square footage, the house and identical lot size? JOEL PAULSON: That is true, and that is still in Staff technical review. I believe they have installed story poles, but if I recall correctly the item is scheduled for LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 technical review again on August 10th, and following that technical review a determination will be made as to whether or not that application needs to come before the Planning Commission, or whether that will be heard at the DRC. CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: With regard to the story poles, I believe the height of the house was lowered. Do we know if the story poles were lowered as well, or if what I saw out there is accurate? JOEL PAULSON: We’ll let the Applicant also speak to that, but what I understand from reading their materials is that these story poles have not been reduced, so that is at the original height when they went through, so it would be 2 feet lower than that, but I would look to the Applicant to confirm that. COMMISSIONER HUDES: Thank you. CHAIR BADAME: Any further questions? Vice Chair Kane. VICE CHAIR KANE: I believe this house was built in 1991, when we researched, because I’m interested in the annexation. Do you know when the Town annexed this property? JOEL PAULSON: This property in question today? VICE CHAIR KANE: Yes. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: This year, so this house was not built in 1991. The original house was built well before that. VICE CHAIR KANE: Maybe it was the house before that. JOEL PAULSON: It’s the property before that I think is where you’re recalling the 1991. VICE CHAIR KANE: I have the same concern that the Chair does about the county standards versus our standards, and we’ve got ourselves in the crosshairs over our Residential Design Guidelines being much more specific than the county, which we call comparatively looser. When I did the 2-2-5 study on the houses, meaning if you’re standing on the porch of the subject house, you look at the two houses to the left, the two houses to the right, and the five houses on the other side of the street, everything is one story, except for the county house. I’m just trying to justify the preservation of the neighborhood, which is the purpose of the provision, when I’ve got a situation with a double standard next door that might in the not too distant future get annexed, when and if and as appropriate, and I don’t want to be encumbered by that. You’re saying it’s something I have to live with? LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: As stated before, that’s their immediate area, that’s their immediate neighborhood. If you did not want to count or include county homes, no house in the immediate neighborhood is in the Town, so then one would be all by itself. VICE CHAIR KANE: Well, I would reiterate then that everything in the immediate neighborhood is a one- story, except the one next door. JOEL PAULSON: That is true. VICE CHAIR KANE: Which is buried in trees and leaves and vines. I didn’t even know there was a house there. JOEL PAULSON: Yeah, it does have extensive vegetation; that is true. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: I had a question about the arborist’s report as well. If I understood this—and if I missed something, correct me—when this property was part of the county the Applicant was given approval to remove Trees 5 and 6; they gave them a Tree Removal Permit. JOEL PAULSON: Correct. COMMISSIONER HANSSEN: In reviewing this application, what I thought I saw in the arborist’s report was that she looked at the trees and she made a table and LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it said basically she didn’t even look at Trees 5 and 6, which were the ones that were proposed for removal, and she wrote a comment that Tree Removal Permit obtained. JOEL PAULSON: True. COMMISSIONER HANSSEN: So we’re basically accepting the county’s review of the arborist situation is my interpretation of that, because she didn’t write the trees, nor did she comment on the viability of saving them or anything else. JOEL PAULSON: The Applicant is currently I believe proposing to save one of those trees, which is Tree 5. Tree 6 they’re still proposing to remove. The Tree Removal Permit, and then again I took this over a little bit later than midstream, so I don’t have all of the extensive background with the previous Tree Removal Permit, but I believe, and the Applicant can confirm this, that actually the Town issues the Tree Removal Permit for this property, but I would look to the Applicant to confirm that. COMMISSIONER HANSSEN: And what basis would… JOEL PAULSON: I don’t have the application in front of me of what he used for his determinations, but it is in our system. COMMISSIONER HANSSEN: Okay. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: I have a question. The Cellar Policy was included as an exhibit with Item 2 for Happy Acres Drive, but not with this hearing. So just confirm that we can borrow that exhibit and use it in our evaluation for this hearing. JOEL PAULSON: Most definitely. CHAIR BADAME: Thank you. Commissioner Hanssen. COMMISSIONER HANSSEN: Actually, I’m glad you asked that question. I had a related question on process and procedure. In looking at the findings for approval, normally we talk about the cellar in the context of the General Plan, and then there is also a resolution that because the General Plan mentions cellars, using it in lieu of visible mass above ground. Then we also have the written Cellar Policy of the Town. In the findings there is nothing about the Cellar Policy per se, so how does this 2,000 square foot cellar factor into our approvals if it’s not part of the conditions or findings for approval? JOEL PAULSON: Because you don’t have a finding for the Cellar Policy that we have to make. COMMISSIONER HANSSEN: Right. JOEL PAULSON: So now that can be part of your deliberations and you can determine that you think that LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maybe a cellar shouldn’t be permitted here; that’s perfectly fine. COMMISSIONER HANSSEN: Under what document though? Is it because it doesn’t comply with the Residential Design Guidelines, or it doesn’t comply with the General Plan? Supposing that that’s a direction that we went, what would be our finding? JOEL PAULSON: I could think of instances on any number of applications, including this one, where you could make one or all of those, so I would base it on typically a Cellar Policy. I will just give a little bit of background from Staff’s perspective. How we look at the Cellar Policy is we look at the house, the above ground mass. This one happens to be one where the cellar is completely below grade, so we look at the above ground mass, excluding the cellar, and make a determination as to whether or not that meets and is compatible with the existing neighborhood. Once we make that determination, if it happens to be compatible with the neighborhood but they’re close or at their FAR, we don’t inform folks that they cannot have a cellar because they haven’t reduced additionally the above ground mass. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: Understood. What I heard you say is that it’s going to be considered as part of the compliance with Residential Design Guidelines. JOEL PAULSON: That is one option. You could also make a determination that you don’t feel that it complies with the Cellar Policy. You can make any one of those, so it’s not necessarily a finding, it’s really justification for a decision if you decide to go that route. COMMISSIONER HANSSEN: Okay. CHAIR BADAME: Thank you for your explanation. Any further questions? Seeing none, I will open the public portion of the hearing and allow the Appellant ten minutes to address the Commission, and I assume that’s Ms. Susick. Ten minutes, and I need a speaker card. You don’t have to take the whole ten minutes, if you don’t want to. VICE CHAIR KANE: Miss, I want to add to what the Chair said. You get ten minutes to present, the Applicant gets ten minutes to present, then we have a public portion of that for anyone that wants to speak on it, and the Applicant gets five minutes to rebut whatever, and you get the final five minutes if you want them or need them. SHANNON SUSICK: Shannon Susick, 16407 Shady View Lane. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Just to comment on what Commissioner Kane said. These are all homes right on Hilow; I’ve put the addresses. They’re all single-family. This is the one next door to it. That is not really visible from the street at all, or from behind on Shady View. Much wider setback because of the driveway. Unfortunately, my pictures are not that great. VICE CHAIR KANE: Ms. Susick, could you hold on just sec while we pass out your program? SHANNON SUSICK: Oh, yeah. VICE CHAIR KANE: Then we can follow along with you. CHAIR BADAME: I believe her clock is ticking, but I’m sure Joel Paulson will fix that. SHANNON SUSICK: All these quotes are taken from the Residential Design Guidelines. Blend into the neighborhood rather than stand out. I looked at the 2-5-2 rule as well, and they’re all single-family, except for the one. The guidelines are maximums, not goals. This is what Hilow Road looks like from Shannon to Topping, right about at the corner of Shannon. This is looking the other direction, to the north to Shannon Court, which is all in the Town of Los Gatos; those are all single-level homes. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Arguments that I’ve heard is that—and this is from some of the residents or neighbors—well okay, the structure that was demolished was rat infested, it was horrible looking, it was a rental, it was a disgrace; but for me and most of the residents of our town, I don’t think that that’s a good argument to support development, because that’s what some of the residents said that lived by the old Honda dealership that were in favor of Laurel Mews, Birdbird Lane, the Thrash House. Yes, it was an eyesore, but I don’t think that that’s the way that we should plan our development, and not in this part of the county where there are so many lots and homes that are similar. Also, the whole argument about it being an unincorporated county pocket, boy, oh, boy, that’s a tough one for me, because I’m in the county and half of our street is in the Town. Have to look at every one of these applications as a whole, because this is a huge number of homes that are going to be developed. Here are some single-level homes that were built in the last ten years in the immediate neighborhood. Sorry it’s so dark. These are on Hilow, across the street. These are on Shannon Road; this was a lot split; they have some basement. This is across the street. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I recommend the denial because of the bulk and mass, and use of the Cellar Policy, which is under review, is a misuse. You start out with 3,000 square feet in a 3,000 square foot footprint, which would have made the house, including the basement or cellar, over 8,000 square feet. The design doesn’t blend into the neighborhood. They’re all single-family, single-level. Here’s across the street again. This is a newer home. Now, this I think is pretty important, and that is that, “Some homes were constructed with little consideration to the neighborhood’s architectural styles or characteristics. Others were remodeled with little sensitivity.” And this applies a lot to the county pockets, because they don’t have the residential guidelines that we do in the Town. “But these aberrations will not be considered when analyzing a neighborhood.” There are a few houses that stick out that are two stories, and here are some of them. This happens to be next door to me. I got no story poles, I got no notice; the house was scraped and this went up. Here is the plot map, and I put notes on the bottom: two-level, single-level, and the lines across the LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 middle are where the first two-story homes start on Hilow, except for the one next to the subject, and those are all embraced by a huge grove of eucalyptus and other redwood trees, except for one where they’ve just recently cut down some trees. Here’s another one two doors down, the pending application that you were looking at. That is noted on that chart as a large… It’s pending, and they’re waiting, most likely, for this application to be developed. This is behind me. Also soon to be seen in these chambers, yes, 16466 Hilow Road, pending sale. Marketed as an incredible opportunity to build on over 11,000 square feet, and I understand that the person that just sold the house down the street from me, that built, remodeled, and sold after two years, is in contract for this one. Story poles have kind of faded. This is the house next door. It’s single-level, fits into the neighborhood, it’s 3,500 square feet, quite applicable. It’s the same amount of square footage as what the Applicant wants to do. My recommendation is to deny the current application for the reasons stated, and also my appeal that was submitted on the 15th. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Also, I would like the Town to consider—and I will bring it up to the Town Council—reviewing the Residential Design Guidelines for Los Gatos for parcels under 15,000 square feet, as I believe the FAR ratios, the cellars, and the setbacks are being abused and maximized. The unincorporated pockets of this town are so many, and it’s so much more that is available to develop than in the Town, I think it really needs to be looked at carefully, whether it’s in the county or they scrape it and it’s in the Town. Also, please note that some verbal and written comments came from parties with vested financial or other interests waiting for this application to be approved so that the other houses can be approved. There are many excellent examples of single- level, or single-level with a basement, homes that conform to the neighborhood. I would recommend a single-level home with a basement. The developer said he has some engineering; that is fabulous for basement space. I’d ask you to please deny the current application, as it does not conform to the immediate neighborhood. It uses the cellar in addition to the mass and bulk. It compromises the neighbors’ privacy, the views of the hills, and to say nothing of the infrastructure; the LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 roads, the schools, police services, and garbage. Thank you. CHAIR BADAME: Thank you, Ms. Susick. Commissioner Erekson followed by Commissioner Hanssen. COMMISSIONER EREKSON: Would you remind me of your address? SHANNON SUSICK: 16407 Shady View Lane. COMMISSIONER EREKSON: And is your property in the Town limits, or outside? SHANNON SUSICK: I’m in the county. COMMISSIONER EREKSON: Thank you. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you for you report and the details in your appeal. You had a chart on the back of your appeal to the Town that had a list of all the houses, not just the 2-2-5, but more in the surrounding area, and whether or not they had basements. SHANNON SUSICK: Yes. COMMISSIONER HANSSEN: Because I think part of where it seemed like your appeal was going is it was sort of like a combination of a two-story plus the basement, bulk and mass over the top. I heard you say you had done some research and the house next door that is the largest house in the neighborhood does have a basement underneath? LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHANNON SUSICK: No, they don’t have a basement. COMMISSIONER HANSSEN: No, they don’t. But they have a single story and they spread it out? SHANNON SUSICK: Yes. COMMISSIONER HANSSEN: Okay. You said in your appeal though that you… I mean I’m sure it was hard to come up with the details, but out of the 37 or so houses on your…that only two or three have basements, cellars. SHANNON SUSICK: I think that there are three, to my knowledge on Hilow that have basements, and two of them are partial basements, or actually all three are partial; I think they’re not a full footprint underneath. COMMISSIONER HANSSEN: We can ask Staff, but I did note that you had gone to the trouble of preparing this information. SHANNON SUSICK: Yeah, so as long as you guys have that, because I brought copies of that as well. COMMISSIONER HANSSEN: Okay. CHAIR BADAME: Any further questions for Ms. Susick? Seeing none, thank you, Ms. Susick. SHANNON SUSICK: Thank you. CHAIR BADAME: All right, I will now invite comments from the Applicant and their team, and they also have ten minutes to address the Commission. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DOUG DAL CIELO: Planning Commissioners, my name is Doug Dal Cielo. I am the legal counsel for Valy Jalalian. By the way, my address is One Bayview Avenue, #11, in Los Gatos; I’ve been a proud resident of Los Gatos for over 20 years. With us today we have the architect, Daryl Fazekas, as well as the real estate agent, Mike Brown. Both Mr. Brown and Mr. Jalalian spoke with the various agencies as well as the neighbors in getting this project approved. I want to compliment Mr. Paulson, who did a very thorough and meticulous report, and of course, the Applicant wants you to accept the Staff Report’s recommendation to deny the appeal and make the four specific findings delineated on page 7 of the Staff Report. I don’t want to repeat the contents of the Staff Report, except for a few items that go directly to Ms. Susick’s comments. First off, actually I’d like to go to my letter that is dated July 13, 2016, I believe it’s Exhibit 16, to the Staff Report, pages 15-30. You’ll see at the bottom of page 1 the immediately adjacent home, 16350 Hilow Road. It’s a two-story home, approximately 3,000 square feet, surrounded by mature landscape and trees, and it reaches a LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maximum height in excess of 28’, which is obviously 2’ below the maximum height of Mr. Jalalian’s proposed house. If you go to page 2 of my letter, it indicates that there are 27 homes on Hilow Road, 9 of which are two- story, with an average of 3,700 square feet, and on Shady View Lane there are 30 homes, 13 of which are two stories, with an average of 3,200 square feet, so I don’t think by any calculation of determination, whether it’s part of the Town versus the county, if you look at the two streets that run parallel, there’s no question that this two-story home, 26’ in height, fits in with the neighborhood. It definitely will not stick out. Now, of interesting note, the home immediately adjacent if you are facing Ms. Susick’s home, the home to the immediate right, as she pointed out, is very large. In fact, it is 16395 Shady View Lane. It’s a two-story home, 28’ in height, 4,206 square feet on a lot of 8,400 square feet, and of course this subject lot is just shy of 12,000 square feet, so a much larger home to the immediate right of Ms. Susick’s home as you face her home. Now, going back to the Staff Report, it does a good job of detailing the significant concessions made by the developer here, Mr. Jalalian. The Town approved this application on June 7, 2016, with all agencies signing off. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The consulting architect made three recommendations; they’re found on page 4. All of those were adopted and implemented by the developer. He then approached all of the immediate neighbors and made numerous concessions, seven to be exact. If you turn to page 6 of the Staff Report, all seven of those immediate neighbor requests have been implemented, so those neighbors that are directly impacted seem to recognize the obvious, which is how soon can you get it built, because I know I’m going to make a hundred grand of so. Everyone’s tide rises when these types of beautiful homes are built. Which gets us to, I think, the true agenda here of the Appellant. If you look at the home immediate one house to the right as you’re on Hilow facing basically her back yard, one house to the immediate right is the Hariri home, and if you go to my letter dated July 13, 2016, Exhibit B, you will see the beautiful renderings for the Hariri home, which is going to be one yard removed from the back yard of Ms. Susick. She wrote an email on July 3, 2016 to my client indicating that she wanted to pursue this appeal with the Planning Commission to, “make sure that there was no impact and precedence to be set by this development.” LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So you’ve got a situation where this home that’s been approved by everyone, including the immediate neighbors, that is not the largest home on the block, so to speak, really isn’t the issue or subject. The real issue or subject is that precedent that she’s worried about setting for these other two projects that are much nearer in proximity to her immediate home. If you turn to Exhibit C of my letter, there are four color photographs. Now, this brown fence depicted in the first photograph, this is the fence that is shared by the Susick back yard, so these photographs were taken from the other side of the fence, if you will. You can see on that first photograph how mature and large that tree is. This goes to the privacy and impact to the neighborhood and views; that’s another one of her complaints in the appeal. If you go to the second photograph, you can see my client’s story poles, barely. And keep in mind that someone asked if the story poles had been reduced. They have not been, so these story poles that you see in the second photograph there are 2’ higher than the actual maximum height of the home. So in photograph 2, if you lower that 2’, I submit you’ll barely be able to see the LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 story poles, if at all, particularly when considering that Ms. Susick’s home is one story. Third photograph shows the mature landscape. Again, there’s no conceivable or possible privacy or view impact to the Susick home relating to this proposed development. The final photo is another angle of the story poles. Again, you can see how tall the trees are behind the story poles. It’s not going to impact anyone’s privacy or views, certainly not from Ms. Susick’s home, and again, the immediate neighbors are encouraging this development. Is that beep for ten minutes? CHAIR BADAME: You have 30 second left. DOUGLAS DAL CIELO: Thirty seconds. Okay, thank you. We have several neighbors here in support of the project, and obviously myself as well as the architect will answer any questions. Thank you very much. CHAIR BADAME: Thank you, Mr. Dal Cielo. I do have a question for you with your exhibit that you passed out to the Commissioners, and that would be 3-A, the photo of Ms. Susick’s one-story residence with the two-story next door, which would be 16395 Shady View at 4,206 square feet. Do you have information if that home is in the county or within the Town of Los Gatos? LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DOUGLAS DAL CIELO: The one on 1-B there? CHAIR BADAME: 3-A. DOUGLAS DAL CIELO: I don’t have specific information. I believe that Ms. Susick said that it was part of county. I don't know one way or the other. I’m glad you brought that to my attention; I meant to mention that. That photograph, 3-A, depicts the home to the immediate right as you face the Susick home, and 1-B depicts the brown, shingled home to the immediate left as you face the subject development, which is of approximately the same square footage and 2’ higher. Thank you. CHAIR BADAME: Thank you. Questions from Commissioners? All right, I have a question maybe for the architect, which is part of the team. DARYL FAZEKAS: Daryl Fazekas, architect. CHAIR BADAME: Thank you. When we look at our Residential Design Guidelines, we do look at the immediate neighborhood, and we’re looking at how many two-story homes, how many one-story homes. Did you at any point in time, because you have a deep lot, just consider elongating the home as a one-story and taking advantage of the rear setback, which is pretty ample? LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DARYL FAZEKAS: In general what we try to do is we try to minimize the footprint in order to provide the owner with the maximum back yard and private area, the maximum area for landscaping, and if we covered twice the footprint we would have twice the runoff, so what we try to do is keep the rainwater onsite. CHAIR BADAME: Thank you. Any further questions? Seeing none, thank you. All right, I will now invite comments from members of the public. Our first speaker will be Debra Wagner. DEBRA WAGNER: My name is Debra Wagner, and my husband and I have lived at 16374 Hilow Road for about 25 years. When I first met Mr. Jalalian, the first thing I said to him was, “I hope your plans don’t involve a basement,” because my point is related to the ground movement that we’ve experienced already with our patio dropping, cracks, and doors no longer closing because of land movement that’s primarily on the north side. Another concern, which I didn’t exactly realize at the last meeting, was that even though he reduced his 3,000 square feet, I was told it was going to be 1,700 square feet, but with the 3,000 plus the 1,700 and the 900 square foot lot, he’s still up to 5,279 without a garage, LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and there’s no way that that’s not the largest house on the block. In any case, going forward, for example the property at 16350 Hilow, which you’re talking is a two story, it’s a total of 2,958 square feet with an actual 300 square foot wine cellar, which is exactly used for the storage of wine; it’s not used for a living space. Going forward in the neighborhood with the continued development that we’re going to be seeing, the basement consideration guidelines absolutely need to change. These are full-on living spaces, so by not including these underground living spaces in the square footage, the FAR is meaningless and subject to abuse. With this uncounted living space the neighborhood is forced to accept basically a duplex on a single property without proper designation. How can disregarding underground living space be seen as complying with the FAR when it’s not for storage, it’s for actual living space? So this 3,479 square foot house on the top, plus the 1,800 square feet on the bottom, that’s a huge house, and just because you can’t see the living space, that doesn’t mean it doesn’t exist. The FAR requirements were meant to protect neighborhoods from oversized houses, so not counting underground living spaces essentially denies LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that there is any impact and pretending that these consequences don’t exist. Please take into consideration the recommendations shown on number 5 and how it affects the overall neighborhood, because the policies absolutely need to change when you’re considering basements. These are not cellars. Cellars are for storage of food. These are living spaces. After we suffered through 25 years of rats, termites, weeds, and other aspects of property owners’ negligence on both sides of us, we now have an oversized dwelling with someone looking into my bathroom, and then a monolith on the other side, which is cutting off all the light to our house. CHAIR BADAME: Okay, Ms. Wagner. You’ve got 5 seconds to wrap it up, but your time is up. DEBRA WAGNER: Okay, yes. The newest house that was built in our area, which is right across the street, 16397, single-story, 3,300 square feet and it’s the newest house built on our street. CHAIR BADAME: Thank you. We have a question for you. Commissioner Burch. COMMISSIONER BURCH: I have a couple of questions, if that’s okay. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Yes, certainly. Go right ahead. COMMISSIONER BURCH: Being as you are the adjacent neighbor, you touched on a number of items in what you were speaking about that I wanted to ask you about. The first one, in your letter dated May 17th, you did mention the water issues. Can you expand a little bit on what has been happening with the water runoff on your property? DEB WAGNER: Well, every house on our side of the street has a sump pump, and when our sump pump gets blocked we have an absolute lake in the back yard. We’ve been told that with the geological or whatever he’s done, that he’s assured us that next door the water table would be more solid than what we’re experiencing with a flat back yard, but I don't know that. So there is a high water table in our yard. Everyone on our side of the street has a sump pump, or else they have a lake in their back yard. COMMISSIONER BURCH: Did you have an opportunity with the Applicant to take a look at the civil drawing with the… DEB WAGNER: Yes, we did. COMMISSIONER BURCH: Okay. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEB WAGNER: And I didn’t realize until the story poles went up that the windows are going to go right into my bathroom. COMMISSIONER BURCH: That was my next question. DEB WAGNER: We’ve lived there for a long time, and I feel like we’re the Bermuda Triangle in this whole thing, because we’re just sinking, and everything else is just invading on both sides. COMMISSIONER BURCH: When you met with the Applicant, did you discuss this window issue? DEB WAGNER: I did, and I think that he said that he was going to try to make some changes. COMMISSIONER BURCH: Have you had a chance to look at the drawings that we are looking at to see if anything has been addressed? DEB WAGNER: I did, but I don’t remember them right now. I’m not looking at them at the moment. COMMISSIONER BURCH: Okay, thank you. CHAIR BADAME: Thank you. Any further questions? Seeing none, thank you very much, Ms. Wagner, for your comments. Our next speaker is Perry Hariri. PERRY HARIRI: Madam Chair and Commissioners, I’m Perry Hariri, property owner at 16386 Hilow Road. We are two houses south of the Applicant’s property. We purchased LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this property two years ago, and I my wife and I have three kids who attend Los Gatos schools, two at Fisher and one at Blossom Hill. We’ve been residents here for over ten years, and this is our opportunity to build a house on our lot, which is again, two houses down. I’m here to support Mr. Jalalian’s application. We’ve witnessed his whole process. He has conducted three DRC hearings. He’s met with all the immediate neighbors. I believe every single neighbor, with the exception of the Wagners, support his application, and he’s gone to extensive lengths to meet their concerns. He’s reduced the height; he’s reduced the square footage. I think the issue here isn’t whether the Cellar Policy or Design Guidelines are applicable; the issue is is he conforming to the Design Guidelines? The DRC determined that he is. You’re going to change Design Guidelines; you can do that later. The issue today is is he doing that? Just as far as the neighborhood character is concerned, Hilow Road has nine two-story homes. The one next door is a two-story home. The Design Guidelines say that you can consider the home adjacent to an immediate neighborhood, even though it’s in the county, as Mr. Paulson said, otherwise nothing would be considered an immediate neighbor in a lot of areas. Almost every single LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 new home on Hilow is a two-story home. Almost every single one, with the exception of one. Two-story homes, there’s a reason people do them. It preserves a lot more open space. It preserves a rear yard for people to enjoy their back yard. You double the square footage. Otherwise, you can’t put a pool in, the kids don’t have a yard to play in, and it doesn’t really substantially reduce the height anyway. So I’m here in support of it. The Appellant here is in the county three houses down; they’re not considered an immediate neighbor. The house next to the Appellant is far larger, taller, it’s 4,200 square feet, and the two houses in front of her are also two-story, so she’s fully aware that the character is changing in the neighborhood. Also, the average square footage on that street is 3,700. This is 3,500; it’s below the average square footage on that street. Thank you. CHAIR BADAME: Thank you. Any questions? Seeing none. Jeanne Driedger. JEANNE DRIEDGER: Hi, I’m Jeanne Driedger, 16359 Shady View Lane, Los Gatos; I’ve been there for 43 years. I am not in support of this, even though they’re saying all the immediate neighbors. I am directly behind this proposed house. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My concern is the basement. Like the Wagners, we do have movement. I have a three-year-old patio toward the back of my property, which not only has cracked, and he has seen it, it has further cracked since he has seen it. It has risen in some areas and dropped in others. This is because of the drought. Our house also has movement. The doors don’t shut correctly, and this is all new to the house. I have noticed over the 43 years that when we have water years the house is more stable and the patio was fine, but not since the drought have we noticed it as much as we have now. So I would like to see, if he has a cellar, to have it smaller like the White’s house at 16350. Have it smaller; have a cellar like they do. They entertain in their cellar, it has wine, and they have had parties in that cellar; it doesn’t have to be that large. I am a resident next to that house, and I don’t approve of it. CHAIR BADAME: Commissioner Erekson has a question for you, if you’re done speaking. Okay, Commissioner Erekson. COMMISSIONER EREKSON: Have you done any geological research or any geological analysis done that LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the size of the cellar that they would build would have any relationship to the movement of soil or to your property? JEANNE DRIEDGER: No. COMMISSIONER EREKSON: Thank you. CHAIR BADAME: Thank you. Whitney Halladay. WHITNEY HALLADAY: Yes, hi. Thank you for allowing me this opportunity to speak. My name is Whitney Halladay; I live at 16400 Hilow. I’m here with my husband Jason, and we are a hundred percent in support of the project on Hilow, as well as we heard more about the Hariri house; we are a hundred percent in support of that house as well. We live just three houses down and next door to the Hariri house. We’ve looked very closely at the design. We feel that the proposed two-story home is very compatible in style and size with many of the other homes on Hilow as well as all around other neighborhoods nearby. There are many homes that are two stories on Shady View. There are many new developments, and there are more to come that will be two-story homes, so we’re in full support of these. We do understand that the DRC already approved this project and there were a number of discussions, and the final conclusion was that it conformed to everything that the builder needed to do to build this beautiful home, LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so we definitely are in support. It would be a real shame to not approve a project like this that would beautify our street, and with so much positive feedback from all the neighbors that exist directly across and next door to this home, it would be an absolute shame. So we’re in support, and we hope that tonight you approve this project. Thank you. CHAIR BADAME: Thank you, Ms. Halladay. Tony Jeans. TONY JEANS: Tony Jeans, PO Box 1518, Los Gatos, California. I was going to come here to listen, because I thought this would be an interesting property, because it’s got a county issue, county pocket, it’s got cellars, it’s got two stories and one stories. I just want to make a couple of comments. I use cellars in part to stabilize houses, stop them moving around. When you do a full cellar with a structural mat slab at the bottom, it will actually help when you get changing drought versus wet versus drought versus wet, which makes the earth move around. When you get down to a stable area underneath, it really does stabilize the house, so a cellar can be very useful from a structural standpoint. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Obviously the builder has to make sure that they waterproof it effectively, because if you do get underground water you have a potential problem, you’ve got to deal with that; but that’s their problem, not really your problem. The next point, I’m going to try to make it a little easier for you, I think. The Cellar Policy, like it or not, basically says it is not counted in the FAR, because the FAR is designed to make you look at bulk, scale and mass of a house and whether or not something that big belongs in their neighborhood, and whether there is an underground component is not relevant. That’s what the policy says. Now, the policy you may or may not like. You can say well that means that you can have more people in the house, etc., but that is not really the point. The point is if you’re driving through beautiful Los Gatos neighborhoods, is the house going to stick out like a sore thumb because it’s too big? The Cellar Policy is designed to allow people to put some extra space in there, and not have it clutter up and block the neighborhood views and neighboring views. So mass and bulk, I think, and the size of the house and the compatibility becomes what you should be considering, and I think that should be tempered with the LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fact that the DRC has considered it three times and has ultimately approved it, which gives it a considerable amount of weight, because the Staff in Los Gatos is probably one of the best staffs around, and they do a lot of work before they make a decision. Thank you. CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: Thank you, I appreciate your perspective as an architect. I wondered if you were involved in this project. Are you involved in this or another project in the immediate neighborhood? TONY JEANS: No, I’m do projects in the county. I do projects that I have to make a decision, just like the architect did here: Do I try to change this as a one-story house and add on sufficient so that it doesn’t get incorporated into the Town of Los Gatos? If I decide that the owner needs a bigger house to satisfy their needs, then do I do it as a one-story or a two-story based on compatibility with the neighborhood? But I’m doing nothing in this neighborhood. This was just a pure interest to me. COMMISSIONER HUDES: Thank you. CHAIR BADAME: Thank you, Mr. Jeans. Appreciate your input on the Cellar Policy. All right, I have four speaker cards remaining, and it’s not clear to me if they’re part of the Applicant’s team. Laurie Vitale, Scott LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Urban, Mike Brown, and Craig Ford. If any of you are members of the public and not the team, please come forward. Seeing none. Do we have somebody coming forward that’s not a member of the team? Please state your name and address for the record. SCOTT URBAN: I’m Scott Urban; we live at 16561 Englewood Avenue. First and foremost, I want to commend all of you. My house is new on Englewood, but I just wrote a check; I never was involved in the inner workings, and I imagine what it would be like with empty seats up here and developers could just grab a hammer and do whatever they want, so I commend you. I’m a neighbor to the house Valy Jalalian built on Littlefield. It sold at the end of last year, and as far as I can tell it’s very comparable to the home that’s going to be built here on Hilow. I guess he considers himself very lucky, because none of us objected on my street, Englewood, Littlefield, Marchmont, or Topping, and I’ve got to say, I’m here because he was the greatest contractor. We just really got to know him well. It was a two-year process; he took down the old house, built the new house. A few of us had concerns about some of the redwood trees, and he hired an arborist. Every step of the way, he was just a top-notch guy. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It’s important for these two-story homes, and I do agree, it’s our new lifestyle, but as long as they fit in aesthetically, then I think most of us are very happy, and my family and all the neighbors, I haven’t heard a single complaint. I want to emphasize too, the family that moved in, we love them. I think the house sold for like $4 million or whatever, and to them I think it was kind of a drop in the bucket, and they just want to raise a family in Los Gatos where their children could walk to Fisher and walk to Los Gatos High, and they love it. We see them every morning, we walk together and they’ve just been a good… It’s the same home, so as a neighbor I’m in support. I know Hilow is two streets over, but I recommend… I think with you I feel sorry for a bit, because I think the lady who spoke against Valy, I think you’re the next (inaudible). CHAIR BADAME: Please face the Commission. I’m sorry. SCOTT URBAN: I’m sorry. I think you may have a neighbor who just is intent on troubling an idea, and I think the neighbor who is going against Valy, ultimately to go after this last speaker you had who is building the home LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 next door to the lady who is opposing Valy, I think just take all into account. I again want to emphasize, we love the house that… It looks like it’s the same home is going to be built on Hilow. We’re very happy. We love the new neighbors. Also, the cellar that is in the house on Littlefield, the new owners at first dismissed it, and to them that’s just been a huge blessing. The children love it, they have their friends over and… Again, I just wanted to support Valy and just come as a neighbor. Thank you. CHAIR BADAME: Thank you, Mr. Urban. All right, we have no further questions, so at this time I will invite the Applicant… Oh, we have another speaker card. All right, I’m now calling Jim Fox. JIM FOX: Hi, my name is Jim Fox. I’m really nervous; I’m not good at this. I live at 16344 Shady View Lane, Los Gatos. I’m here in support of my neighbors who are against the project. I can barely see the house from my house, but I can see it. As far as that, it doesn’t directly affect me, but if you go down Shady View Lane you’ll notice on the left-hand side, mine is the last single-story house. I have this huge monstrosity next to me, and the neighbors are wonderful, but my wife looks at the windows and stuff, and LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we just had another huge monstrosity go to the left of us just in, and the windows look right into our yard, so we have basically no privacy when we go into the back yard, so we have to consider are we going to put a building up there? They’re planning to put a tree up there, but the tree is going to come into our yard about 40’, the tree that they originally planned, so we knocked that out. So I’ll have to put a trellis up or something if I want privacy in our back yard. My biggest concern is we have some neighbors that are uncomfortable with it. I wish the neighbors could come up with an alternative that the builders could do, because I’ve been to the meetings with both parties, and they think the place is too big, but haven’t really been given any guidelines as far as what would be acceptable to them. The underground basement, I’m a little bit concerned about that. I’m not an expert on this; I’m just basically going to use common sense. It’s like putting a boulder in a river, because the water flows from the south to the north, so when it rains, yes, the homes get flooded, and if you don’t have good drainage… They have planned for good drainage; they have what I believe is called a Dutch drain or French drain into the back yard, and it’s very large. But you still have a boulder there, and normally LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what happens when you have a boulder is it rises a bit and it goes around. Well, the neighbor just to the south of them is going to get their water table raised up, and when we viewed the property, and we went there with the architect and the builder—I think it was the builder—the water level was pretty high, like within 4’. You saying it was growing and stuff, but it seemed it could be a flooding problem. Anyway, I just wanted to show that there are neighbors that aren’t for the project, and I’m directly affected by large, as the realtor calls them, McMansions right next door. My neighbors are great, but we didn’t realize it was going to be the monstrosities that they turned out. CHAIR BADAME: Thank you, Mr. Fox. Commissioner Burch has a question for you. COMMISSIONER BURCH: I was just curious if the home built next to you, is that the county property? JIM FOX: Yes. COMMISSIONER BURCH: Okay, thank you. JIM FOX: But county or city, we’re all neighbors. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Thank you, Mr. Fox. All right, the Applicant and their team are now invited to address the Commission for five minutes. DOUGLAS DAL CIELO: Thank you, Commissioners. I want to address briefly the three objections to this project. Ms. Wagner talked about the cellar and how that makes it “one of the bigger houses on the block.” I echo the comments of Mr. Hariri. This is not the time or place to debate whether the policy is correct. The simple issue before the Planning Commission in this appeal is whether or not this meets the guidelines, and it clearly does. I think just from a practical standpoint, this is completely underground, so why would anyone care about square footage, whether it’s a wine cellar or living space, if it’s entirely underground, and the guidelines and rules indicate that cellars are not included as part of the square footage? Finally the cellar area has been significantly reduced from the original proposal. The second objector—I didn’t catch her name—her primary concern was this water level issue, and that was also the concern of the third objector. I draw the Planning Commission’s attention to Exhibit 12, which is the Applicant’s geotechnical engineering report, and that LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 report was done on this specific issue. The speakers admitted that they weren’t experts in this area, and the expert rendered an opinion that if this cellar is constructed properly, and it certainly will be, because there are going to be liability concerns by the developer, then it’s going to have no impact whatsoever on that issue. I echo the architect’s comment that cellars are often used to stabilize a home, and so I think it’s a positive in a number of respects. My final comment is to this issue of the McMansions coming into town. I think people can’t have their cake and eat it too. By that I mean they can’t want a fair market value appreciation of their homes due to these McMansions that come into town, and simultaneously want to object to them. It just doesn’t make any sense to me. In other words, if they’re given a simple choice: Do you want a neighborhood of 1,000 square foot, single-story homes that have a fair market value of $1 million, versus having the entire tide risen for everybody? For every nice two- story home, with or without a cellar, that is built, property taxes are going to go up, which is good for the Town, and each neighbor is going to have a material appreciation of their personal residence. That can’t be lost. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On that basis, I recommend and request that the Planning Commission deny the appeal and affirm the specific findings. Thank you. CHAIR BADAME: Commissioner Burch. COMMISSIONER BURCH: I have a couple questions. CHAIR BADAME: Go ahead. COMMISSIONER BURCH: Is your geotechnical consultant here? DOUGLAS DAL CIELO: No, I don’t believe so. COMMISSIONER BURCH: Because I’m hearing conflicting information. I’m hearing multiple people say that the water table is around 5’, and I think I heard numbers in that approximation from three people, and this report says that it was more like 14’. However, it sounds like this is a follow up to an original geotechnical report dated February 3rd that we don’t have a copy of. DARYL FAZEKAS: Well, we have one geotechnical, which is known as a soils report; we may have an addendum to that. But the water table is at 14’. The basement goes down 10’ and is completely waterproofed. Any water traveling north, south, east, or west would not bump up against the side of the basement and be diverted onto a neighbor’s property, which I think was the big issue they were raising. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: So then to confirm, you do have a French drain going around the… Basically, it looks like the water gets diverted to the very front of the home, back to the back, and there you’re going to have a bioswale, a “shallow gravel basin,” it says. DARYL FAZEKAS: Correct, yes. COMMISSIONER BURCH: Drawing C-2, from the front of the property to the street it looks like you’re just diverting the water based on slope to the street drainage, is that correct? DARYL FAZEKAS: Yes, ma’am. And then there’s also an overflow. The neighbors behind us were concerned that if it really rained that no water would flow on their property, so we’ve designed it so that if the water gets too high, it would go out to the street. COMMISSIONER BURCH: Now, where is that shown? I don’t see that on C-2 at all. And that was going to be one of my questions, that if we get a deluge of rain… DARYL FAZEKAS: On that drawing, it would be the upper left corner swale, overland release. COMMISSIONER BURCH: How would you get the water from the very back of the property to the street though? How are you diverting it in that way? I don’t see any piping. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DARYL FAZEKAS: It’s overflow, over land. It’s not part of a piping system. COMMISSIONER BURCH: So the land is going to be sloped where if the water… DARYL FAZEKAS: The land is always higher than the street. COMMISSIONER BURCH: Yeah. No, I know. It would help if you had had your geotechnical consultant here, because it does sound like the water is an issue for adjacent neighbors. Can I ask another question? CHAIR BADAME: Of course. COMMISSIONER BURCH: On a different note, typically with projects, we get a materials board. Did you provide a materials board. DARYL FAZEKAS: We provided an 8.5”x11” materials board, but I’m sorry, I didn’t know that we had to do a large size. CHAIR BADAME: The Chair is in possession of a sheet with the materials, even though it’s not the board that we can actually touch and feel, but I’ll be passing this to the Commissioners. DARYL FAZEKAS: It’s simple tans and browns. COMMISSIONER BURCH: I have some other questions, but I’m going to let my other Commissioners speak first. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: All right, Commissioner Hudes. COMMISSIONER HUDES: I believe that one of the neighbors who spoke raised issues about visibility into their bathroom. Is this an issue that you’re aware of, and have you addressed it? DARYL FAZEKAS: Yes, we have. On the floor plans and on the elevations you’ll see that all the second floor windows on the right- and left-hand side of the building are 5’ from the floors. In other words, from the floor to the bottom of the window is 5’, which is about there, and then they go up 2’ more. We always do this on this type of house. We’re 20’ from the property line. What’s unusual about this case is that we get shown ten trees on the right side between us and the neighbor, and she requested that we remove them and have no trees at all. So now privacy is… We can put those trees back, if you’d like. CHAIR BADAME: Further questions? DOUGLAS DAL CIELO: Can I elaborate on that one point on the privacy of the bathroom? If you take a look at the Staff Report on page 6, it clearly indicates that at the June 7, 2016 DRC hearing only the Wagners spoke at the hearing. The Wagners commented that there had been positive improvements to the project, that they prefer no trees LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 along the northern property line, and that the construction should be carefully monitored. So those were the complaints that were voiced, all of which were acquiesced to by the developer. CHAIR BADAME: All right, thank you. Vice Chair Kane followed by Commissioner Hudes. VICE CHAIR KANE: Counsel, does that mean something happened to those windows over the bathroom, because it didn’t say that exactly? DARYL FAZEKAS: No, the bathroom windows, all of our side windows on the side yards, are no less than 5’ from the floor. So in other words, someone can’t look down into their property. VICE CHAIR KANE: Okay, this says some of the issues were addressed, but people tonight… DARYL FAZEKAS: That bathroom issue is the first we’ve heard tonight. VALY JALALIAN: We’ve already addressed that. That was a concern that was brought up by (inaudible), and we implemented the change, so we raised that up so that the privacy is maintained. So that’s specifically addressed, and we brought that up in the DRC meeting. They were satisfied. VICE CHAIR KANE: Need a speaker card. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Sir, may I ask who you are? VALY JALALIAN: Sorry about that. I’m the owner of the property here. CHAIR BADAME: So okay, you’re… VALY JALALIAN: Valy Jalalian. CHAIR BADAME: Okay, thank you. VALY JALALIAN: Sorry about that. CHAIR BADAME: Thank you. Commissioner Burch. COMMISSIONER BURCH: I’m going to ask a policy type question, then. Because the neighbor brought this up when she had her opportunity to speak, and they’re saying it’s been addressed, do we have any way that we could get a confirmation from the neighbor that she has seen this and feels that this addresses her privacy issue? Can we call her back up? JOEL PAULSON: I think she had stated when she was at the podium that she saw the plans, but she can’t recall whether or not they were raised. The fact is the Applicant raised the sills to 5’ on both sides; not just the Wagners, but on the other side as well, in an attempt to address the privacy concerns. CHAIR BADAME: All right, so back to the policy. It would be inappropriate to reopen the public comment, LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then? Is that what I’m hearing from the Town Attorney? Would you like to weigh in? ROBERT SCHULTZ: You have closed it, but it’s always up to the Commission whether they want to reopen a public hearing or not. CHAIR BADAME: Commissioner Burch, would you like Ms. Wagner to step up to the podium? I can reopen it, if you feel it necessary. COMMISSIONER BURCH: I don’t want to be a pain, but I would, because this has come up oftentimes recently with the homes, and it’s been something people are quite concerned about, so I want to make sure that she feels satisfied before we start weighing in on this. ROBERT SCHULTZ: I would close your questions to your Applicant before you call her back up, if you have any other questions. CHAIR BADAME: Any further questions for the Applicant while we have them at the podium? Seeing none, thank you very much. Commissioner Burch, you’re not being a pain with your request. I’m going to reopen the public portion of the hearing and call Ms. Wagner back to the podium. DEBRA WAGNER: Apparently we have not seen the revised plans. We were just told that they were dealt with LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regarding the windows. I checked with my husband, he says we have not seen the revised plans, so I don't know about the window. I saw the original plans, I was not happy with them. I had people putting up the story poles, and they were looking right into my window. And the reason that I didn’t want the trees is because of the type of trees they were putting up. We had serious sewer problems with the tree roots getting into our sewer, and it cost $10,000 to put in a new lateral. We have already over there a redwood tree, an olive tree, three butterfly bushes, three crepe myrtles, and a Japanese maple. I have plenty of trees over there, so I don’t want any more tree roots. COMMISSIONER BURCH: Okay, thank you. That answers my question. CHAIR BADAME: Vice Chair Kane followed by Commissioner Hudes. VICE CHAIR KANE: Ms. Wagner, help me recollect. There was a lady named Jeanne… DEBRA WAGNER: Yes. VICE CHAIR KANE: …who I think has left. CHAIR BADAME: She’s left. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: She also had a privacy issue, but I can’t figure out why. If you’re on one side of the house, where is her house? DEBRA WAGNER: Her house is behind his house. I don’t exactly remember what it was that she had said. VICE CHAIR KANE: I heard two privacy issues. I just wanted to make (inaudible). DEBRA WAGNER: Yeah, I think there was, and I think it was because of the two-story into her back yard. VICE CHAIR KANE: Thank you. CHAIR BADAME: She was at 16359 Shady View, if anybody could use that in context. Any further questions for Ms. Wagner? Commissioner Hudes. COMMISSIONER HUDES: Yes, thank you. I know you haven’t reviewed the plans that have been submitted. Do you have an opinion about the solution that’s been suggested to raise the window height to 5’ to prevent some of the privacy issues? DEBRA WAGNER: That would be a good suggestion if I could visualize it, but I can’t visualize it right here. COMMISSIONER HUDES: Okay, thank you. CHAIR BADAME: Any further questions? Seeing none, thank you very much. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We are going to take a ten-minute break. When we come back, we will be inviting the Appellant to the podium for five minutes to add any further comments, but for now we are going to take a ten-minute break. (INTERMISSION) CHAIR BADAME: Before we invite the Appellant back up, I’m going to allow the Applicant back to the podium so that he can respond briefly to Ms. Wagner’s comments. DOUGLAS DAL CIELO: Thank you very much. Ms. Wagner made two complaints. The privacy issue we’ve addressed in the form of the windows 5’ from ground level, and she admits she hasn’t seen the plans, but rest assured, he did make that change to accommodate her. The second issue had to do with the water level. There was a complete soils report from day one, and then pursuant to the Wagner’s request there was the supplemental report, which is Exhibit 12 the Staff Report. So competent, qualified, licensed professionals have indicated that this cellar is going to be completely waterproof, and if constructed properly, which it will, it will have zero impact to the neighbor’s property and no issue relating to the water level. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The cracking in the patios of the Wagner’s property, and presumably some other neighbors, is that the construction is 40 to 50 years old and there are no pumps involved and there is no modern drainage. This house is going to have all of those bells and whistles, so there’s going to be zero impact to the Wagner’s home as far as the water level. Thank you. CHAIR BADAME: Thank you. The Appellant is invited back to the podium for five minutes to add any further comments. SHANNON SUSICK: Hi. I really didn’t think I was going to have to discuss anything like an agenda that I supposedly have, which I do not; accused by an attorney that does not know me, and I’ve never met, and knows nothing about me, just about the outside of my house; or discussing other applications, because I was just talking about this application. My agenda is I care about this town. I care about this valley. I’m a fifth generation Californian, fifth generation Bay Area. I was born and raised in Palo Alto; my grandmother is here in Los Gatos. Despite the findings of the Staff that it complies with some of our guidelines, I believe that there are still issues with this project. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In my initial appeal I stated that the Cellar Policy for the Town of Los Gatos per the General Plan states that cellars are to be encouraged in lieu of visible mass, not in addition to. This cellar has been reduced to 1,800 square feet, which is a good idea, but that is still larger than 14 homes that are in the immediate neighborhood that are less than 1,800 square feet, so they have a cellar that’s larger than that, and they have the visible mass and it is blocking views. Not mine, but neighbors. That’s about the only comment I have, other than the rest of the issues I brought up in the PowerPoint. I think with 3,400 square feet above grade, a 900 square foot—which is almost as large as what was demolished—and an 1,800 square foot… Let’s just add that up. Forty-three hundred, fifty, one hundred square feet of living and garage, which is considerably large. I would just ask that you consider some other options, which would be to remove the cellar, since it’s in addition to the bulk and mass, or reduce the size of the project, perhaps again, bringing it to a single level like other homes, maybe using a basement there if the basement is going to be so amazing. Having lived in this neighborhood for 14 years, originally there were creek beds that ran from the LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mountains, which some people may not know that are new to it, so there are underground streams, there are high water tables throughout the neighborhood, so that is an issue, and if they resolve that, that’s great. I would say have something built that conforms to the neighborhood and the immediate neighborhood. Thank you. CHAIR BADAME: Thank you, Ms. Susick. Don’t go away, Vice Chair Kane has a question for you. VICE CHAIR KANE: You may have just covered it, but I’d like you to succinctly answer only this question: Why did you file the appeal? SHANNON SUSICK: I felt that it did not conform to the neighborhood, and I have neighbors down the street, a couple that have left, that it was impacting their views and their living space. Now one of them said that she has issues with the basement, not with the two stories. So I just thought that in this case, and I also requested this of the Town, that when we’re going to scrape houses, whether it’s in the county or the Town, I don’t think it should go through the DRC. It’s basically like a small, little new… It’s a single-family residence, but it’s a new development, so that was my main issue. VICE CHAIR KANE: Thank you. SHANNON SUSICK: Thanks. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Thank you. The public portion of the public hearing is now closed. Do Commissioners have any questions, comments, or a motion? Commissioner O'Donnell. COMMISSIONER O'DONNELL: I just have some comments, because I do want to hear what everybody has got to say. To me this would be fairly simple but for the house which is immediately next-door, which is two stories, because clearly it doesn’t fit the 2-2-5, except unless one considers the two-story house which is in the county. I think the Staff is correct in saying you kind of have to consider it, but I would say this. My experience with what the county has allowed to be built arguably in this town is horrendous. They put in big monstrosities and they don’t seem to care about it at all, so I, while willing to accept that one has to take it into consideration, I personally would give it less consideration than were I, for one, have this town making that decision, and two, my agreeing with it. I believe that this house is out of proportion to the neighborhood, the neighborhood as defined close in. It is not helpful to me to take 30 houses and figure out what percentage are two stories or more. Walk down that street, LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 look at this house; but for the house which is hidden behind all the trees, these are one-story houses. I don’t have a problem with the cellar. If somebody wants to revise the Cellar Policy, it’s probably a good idea. That’s not my problem with this house. My problem with this house is both its scale and mass is not consistent with the neighborhood as we define neighborhood. I throw that out, because that’s a rather simple approach to this problem, and I don't know whether it’s too simple, so I will look forward to some comments. CHAIR BADAME: I agree with you, Commissioner O'Donnell. I feel that when you look at all the square footage combined, even with the cellar that we’re not supposed to count, but there’s still going to be usage of that cellar and the garage, you have 6,000 square feet of home. When I look at the General Plan Land Use Policies that also is used in conjunction with the Residential Design Guidelines, it does talk about intensity and neighborhood character, so I’m looking at the intensification of the use, even though we don’t count the cellar, the 1,800 square foot of the FAR; it still is intensification within the neighborhood that doesn’t seem compatible with the immediate homes in the neighborhood. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Those are my concerns. I share them with you, Commissioner O'Donnell. Commissioner Burch. COMMISSIONER BURCH: I won’t repeat everything you guys just said, but I agree. I was also thinking if this was just a new application, if we didn’t assume DRC had seen it, we typically get quite a bit higher detailed drawings, including materials boards and things, and I’m not as comfortable approving an architectural application without the type of detail we normally get as in our full applications that come in front of us. I’m also still concerned about the water. Too many neighbors have said the same thing, and while I understand the French drain and the bioswale, the whole runoff doesn’t really work. I wish that they had had their consultant here so I could ask some better questions. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: I wanted to add another comment. There were so many comments made during the hearing about this and that house that was not in the way that we define neighborhood, and we the Planning Commission have to base our decision on our Residential Design Guidelines, which are very, very clear that immediate neighborhood is the two houses on either side and the five LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 houses across the street; we can’t consider any other houses in the neighborhood. I did the math on the existing houses minus the two proposals that are on the table of the 2-2-5 houses, and I did it in terms of an average, so the average square footage of those nine houses is 2,200 square feet. So clearly a house that’s going to have, as Mary said, 6,000 square feet even though we don’t count the Cellar Policy, isn’t in keeping with the nature of the immediate neighborhood. CHAIR BADAME: Thank you, Commissioner Hanssen. Vice Chair Kane. VICE CHAIR KANE: To the degree it matters, much has been made of the three DRC meetings, and I think the reason they had three meetings was at the first meeting points were brought up that needed to be ameliorated; the parties said lets go work on that. Much the same happened at the second meeting; some things had been ameliorated and the parties said let’s work on it further. The third meeting, the same thing. Just for the heck of it, at those meetings, unlike your dedicated Planning Commissioners, there was a great variance in attendance at that meeting, with the exception of the Community Development Director. I don't LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know if the continuity flavor was picked up that the neighbors were very concerned about this. And secondly, counsel for the Applicant correctly pointed out that the consulting architect for the Town, Larry Cannon, made a number of points that he was concerned about, and that the Applicant had addressed those concerns, I think pretty specifically Concerns 2 and 3. Concern 1, it was suggested that we reduce 1’ of height in the ceiling and address the Town Architect’s concerns, but this is what I read when I read it the first time. Larry Cannon says, “The house may seem a bit large for the immediate neighborhood,” and that coming from Mr. Cannon is pretty strong, because he’s usually really less direct. “The only two-story house in the immediate neighborhood is the one immediately adjacent to the north. All other nearby houses are relatively small one stories.” Larry has picked up the same thing that we’re picking up, that this seems a bit out of place in its mass and scale and intensity. I’m agreeing with what I’ve heard so far, and adding that to some degree the Town Architect agrees with us as well. CHAIR BADAME: Any further comments from Commissioners? Would anyone like to entertain a motion? Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I’ll make a motion. I would move that we grant the appeal and remand the application to DRC with directions for revisions based upon what we’ve just said, which is basically it shouldn’t be a two-story house; it is too big. So that would be grant the appeal to deny the architecture… Oh, I see, the alternative would be the first, which is sending it to DRC. The fourth would be to grant the appeal to deny Architecture and Site Application. That’s the one, that’s the motion that I’m making. Grant the appeal and deny the Architecture and Site Application. CHAIR BADAME: Does your motion include sending it back to the DRC? It wasn’t clear to me. COMMISSIONER O'DONNELL: It’s “or,” so it would not include it. CHAIR BADAME: Okay. COMMISSIONER O'DONNELL: In other words, you have a selection here to things you can do. CHAIR BADAME: Got it. Okay, all right. COMMISSIONER O'DONNELL: I wouldn’t be opposed to sending it back, but based on what we’ve said today sending it back doesn’t seem to be very helpful. So my motion is not to send it back, but is to grant the appeal and deny the Architecture and Site Application. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: With that, I would second the motion. Further discussion from Commissioners? Commissioner Hudes. COMMISSIONER HUDES: I’m a bit conflicted on this, because I’m trying to apply the immediate neighborhood rule, and with an adjacent house on a similar sized lot that is two-story I’m having a hard time seeing this as a true exception to the neighborhood. When I read the language about the neighborhood compatibility, I read some things about trying to recognize that you’re in a neighborhood of single-family houses, and that’s kind of where I’m coming down on this; I’m leaning toward supporting the motion, because I think that there have not been significant design elements in the house to make it compatible with the single-family homes that are adjacent to it, including an attempt to maybe create a situation with the large amount of vegetation that is in the next door home. In my mind, if it were doing more to try to blend into the single-family nature of the adjacent homes, even if it were two-story, I would be more likely to support a development of a two-story home there. CHAIR BADAME: Vice Chair Kane followed by Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: To supplement those remarks, Commissioner Hudes, someone in writing or otherwise referred me to page 11 of the Residential Design Guidelines, and there is a lot in this that would support some of our views and allow for some flexibility in others, but in the general design principles on page 11, Introduction, Chapter 1, “The following principles have been used in the development of the guidelines, and will be used by the Town to evaluate plans and designs.” The second one says, “Designed to blend into the neighborhood rather than stand out, “ and I think there’s an issue with that. The other that I picked was, “Relate a structure’s size and bulk to those in the immediate neighborhood,” which goes to Commissioner Hanssen’s summing up and dividing by five. I think we can find support in the Residential Design Guidelines for Commissioner O'Donnell’s motion. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: I just wanted to comment that I thought the Appellant’s suggestions and recommendations had a couple different ways to approach a problem. I don’t necessarily feel like it can’t possibly be a two-story house, but I think to bring in the character of the neighborhood there are a couple of options, one of which could be to remove the cellar and keep the house as LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is, or it could be to get rid of the second story and keep the cellar. There are some ways to accomplish the same, but just in terms of the motion that was made, I don’t necessarily agree that it can’t possibly be a two-story; that’s one way to attack the problem. CHAIR BADAME: Commissioner O'Donnell followed by Vice Chair Kane. COMMISSIONER O'DONNELL: I made the motion the way I did simply because I believe that it is a creeping kind of problem. If you put two stories there and put an Amazon forest around it, you’re going to have one more two- story in the neighborhood. We’ve got a house just down the block, which is story poled at the moment. They just feed on one another. If you want to change the whole neighborhood, go ahead. Start doing one at a time and you’ll change the neighborhood. If, on the other hand, you think there’s room still in Los Gatos for single-story homes, and you find a neighborhood as we define it, which is basically single- family homes, I don’t think getting rid of the cellar is going to make the house compatible with the neighborhood, because you don’t look at the cellar. So I’m not discouraging a vote, but I want to make it clear where I’m coming from, and I’ve seen this now LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for a long time. We take neighborhoods that used to be one way, we totally change them—and I’ve been doing this for 15 years, I guess—and those neighborhoods you don’t recognize anymore. But it starts with this, and maybe that’s what ought to happen. But then you talk to people who say ghee whiz, why did Los Gatos change? Why is it all these big houses? Those aren’t the people who own big houses, mind you. I feel that this house, because it is a two- story, and a large two-story house, is not compatible with the neighborhood. That’s the basis of my motion, but if somebody can support it for another reason, I wouldn’t discourage that vote. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: I think your point was well taken. I think that your motion is going to be denied based on the compatibility with the neighborhood and Residential Design Guidelines, so I can definitely support the motion because of that. CHAIR BADAME: Thank you, Commissioner Hanssen. Vice Chair Kane. VICE CHAIR KANE: I just heard some references to two stories might be acceptable, and maybe that’s true, but I want to make it clear that using the 2-2-5, we got nine LOS GATOS PLANNING COMMISSION 7/27/2016 Item #3, 16362 Hilow Road 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 potential houses, one of which is a two-story. That’s not going to compel me to support a two-story. I’d like to preserve the neighborhood, and I would defer to wiser counsel, but to supplement Commissioner O'Donnell’s remarks, I’m going to try to do more to preserve neighborhoods than maybe I or we have done before, and that neighborhood has nine potential houses, every one of them is a small house except for the guy next door. That doesn’t compel me to look forward and approve a two-story in the future. CHAIR BADAME: All right, any further discussion before I call the question. Seeing no one, I will call the question. All in favor? Opposed? Passes 6-1 with Commissioner Erekson opposed. Mr. Paulson, are there appeal rights of the actions of the Commission on this item? JOEL PAULSON: There is, thank you, Chair Badame. Anyone who is not satisfied with the decision of the Planning Commission can appeal that decision to the Town Council. 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. CHAIR BADAME: Thank you.