Attachment 1-3TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: May 11, 2016
PREPARED BY: Mami F. Moseley, Associate Planner
MMoscley@losgatosca.gov
APPLICATION NO.: Architecture and Site Application S-15-077
ITEM NO: 2
LOCATION: 19 Highland Avenue (north side of Highland Avenue just east
of 15 Highland Avenue)
APPLICANT/
PROPERTY OWNER: Ed Pearson
CONTACT PERSON: Ed Pearson
APPELLANT: Badame, Robert s, Smullen, and Spalding Families
APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review
Committee approving an Architecture and Site application to
construct a new single-family residence and remove large
protected trees on property zoned HR-2 Y2. APN 529-37-033
REMARKS:
Staff, the applicant, and the appellant request the item be continued to the May 25, 20 I 6 meeting
to provide additional time to prepare materials.
Prepared by:
Mami Moseley, AICP
Associate Planner
JP:MM:cg
Community Development Directo r
cc: Ed Pearson, 239 Thurston Street, Los Gatos, CA 95030
Lisa Robert s, 78 Alpine A venue, Los Gato s, CA 95030
Theresa Spalding, 15 Highland Avenue, Lo s Gatos, CA 95030
Dede Smullen, 2 5 Highland A venue, Lo s Gatos, CA 95030
Anthony Badame, I Highland A venue, Los Gatos , CA 95030
N:\DEV\PC REPORTS\2 0 16\Highland-19-appeai-Cont.doc ATTACHMENT 1
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: May 11, 2016
PREPARED BY: Mami F. Moseley, Associate Planner
MMoselev@l os ga tosca .go v
APPLICATION NO.: Architecture and Site Application S-15-077
ITEM NO: 2
DESK ITEM
LOCATION: 19 Highland A venue (north side of Highland A venue just east
of 15 Highland Avenue)
APPLICANT/
PROPERTY OWNER: Ed Pearson
CONTACT PERSON: Ed Pearson
APPELLANT: Badame, Roberts, Smullen, and Spalding Families
APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review
Committee approving an Architecture and Site application to
construct a new single-family residence and remove large
protected trees on property zoned HR-2 ~-APN 529-37-033
EXHIBITS: Received with this Desk Item Report:
1. Em ails from appellants, received May 11 , 2016
REMARKS:
Staff received the attached correspondence from three of the four appellants (Exhibit 1 ). Two of
the four appellants cannot attend the recommended May 25, 2016 meeting date. Staff requested
all of the appellants ' availability for the June 8, 2016 Planning Commission meeting, and
received only one response which indicated she could make either date.
The applicant has secured the attendance of six professionals associated with the project for the
May 25, 2016 meeting. The applicant's architect is unavailable for the June 8, 2016 Planning
Commission meeting and requests that the Commission not continue the application beyond the
May 25, 2016 meeting date.
Staff will be available to answer questions regarding the continuance date.
ATTACHMENT 2
Planning Commission Staff Report -Page 2
19 Highland A venue/S-15-077
May 11,2016
Prepared by:
Mami Moseley, AICP
Associate Planner
JP:MM:cg
N :\DEV \PC REPORTS \2 0 16\High1and-19-appeai-Cont-DESK.doc
pproved by:
Joel Paulson
Community Development Director
Marni Moseley
From:
Sent:
To:
Cc:
Subject:
Dorothea Smullen <dorothea.smullen@gmail.com >
Wednesday, May 11 , 2016 7:19 AM
Marni Moseley
Anthony Badame; Lisa Roberts; teresaspalding@hotmail.com
Re: Notice of Appeal
I did not receive a response to this email sent over a week ago but did receive a new notice in the mail that the
meeting was scheduled for May 25th. It is not possible for the appellants to be at this meeting. We need for you
to reschedule for a subsequent meeting. I believe it is customary to consult with an appellant before noticing a
meeting. Please check back with me before re-scheduling this so that we can make sure we are able to
attend. Also we were told that the new biologic al report would be available on Monday. Please forward this to
me.
Yours, Dede
408-679-0254 (Mobile)
On May 2 , 2016, at 10:52 AM, Dorothea Smullen <dorothea.smullen@ gmail.com> wrote:
You mentioned that the notice of appeal had already been posted. We did not receive any notice.
When were they mailed? Can you send me a copy? Thank you
Yours, Dede
408-679-0254 (Mobile)
E XBl Bl T 1
1
Marni Moseley
From:
Sent:
To :
Cc:
Lisa Roberts < lroberts@rehonroberts.com >
Wednesday, May 11, 2016 8:35 AM
Marni Moseley; Dorothea Smullen
Subject:
Anthony Badame; teresaspalding@hotmail.com
RE: Notice of Appeal
I am not able to make the new date either and also request that it be changed. Thank you, lisa Roberts
From: Marni Moseley [mailto:MMoseley@losgatosca.gov]
Sent: Wednesday, May 11, 2016 8:24 AM
To: Dorothea Smullen
CC: Anthony Badame; Lisa Roberts; teresaspaldinq@hotmail.com
Subject: Re : Notice of Appeal
Sorry Dede, I did not receive the first email. We spoke about the dates when we met almost 2 weeks ago. It was
my impression that you spoke for the group, and that you personally might have a conflict with the date but
could potentially have a conflict with any regular planning commission date due to your position in Saratoga.
The biological report was just finalized and I will forward it to you when I'm in the office.
Marni
Sent from my iPhone
On May 11,2016, at 7 :19AM, Dorothea Smullen <dorothea.smullen@ gmail.com> wrote:
I did not receive a response to this email sent over a week ago but did receive a new notice in the
mail that the meeting was scheduled for May 25th. It is not possible for the appellants to be at
this meeting. We need for you to reschedule for a subsequent meeting. I believe it is customary
to consult with an appellant before noticing a meeting. Please check back with me before re-
scheduling this so that we can make sure we are able to attend. Also we were told that the new
biological report would be available on Monday. Please forward this to me.
Yours , Dede
408-679-0254 (Mobile)
On May 2, 2016, at 10:52 AM, Dorothea Smullen <dorothea.smullen@ gmail.com> wrote:
You mentioned that the notice of appeal had already been posted. We did not
receive any notice. When were they mailed ? Can you send me a copy? Thank you
Yours, Dede
408-679-0254 (Mobile)
1
Marni Moseley
From:
Sent:
To:
Cc:
Teresa Spalding <teresaspalding@hotmail.com >
Wednesday, May 11, 2016 10:56 AM
Marni Moseley
Subject:
Lisa Roberts; Dorothea Smullen; Anthony Badame
Re : Notice of Appeal
I can do either date .... just let me know what date gets set.
Thanks everyone
Teresa Spalding
415-515-5106
On May 11 ,2016, at 10 :26 AM, Marni Moseley <MMoseley@ losgatosca.go v> wrote:
I need to talk w ith Ed, but if the Comm iss ion we re to continue it to June 81h in stead of May 25 1h would
that work ?
I need to know by 11 AM in order to prepare a desk item for tonight's meeting .
--------·---------
From: Lisa Roberts [mailto:lroberts@rehonroberts.com]
Sent: Wednesday, May 11, 2016 8:35 AM
To: Marni Moseley; Dorothea Smullen
Cc: Anthony Badame; teresaspaldinq @hotmail.com
Subject: RE: Notice of Appeal
I am not able to ma ke the new date either and al so reque st that it be chang ed. Tha nk yo u, Li sa Roberts
From: Marni Moseley [mailto :MMoseley @losgatosca .gov]
Sent: Wednesday, May 11, 2016 8:24AM
To: Dorothea Smullen
Cc: Anthony Badame; Lisa Roberts; teresaspalding@hotmail.com
Subject: Re: Notice of Appeal
Sorry Dede, I did not receive the first email. We spoke about the dates when we met almost 2
weeks ago. It was my impression that you spoke for the group, and that you personally might
have a conflict with the date but could potentially have a conflict with any regular planning
commission date due to your position in Saratoga.
The biological report was just finali zed and I will forward it to you when I'm in the office.
Mami
Sent from my iPhone
On May 11 ,2016, at 7:19AM, Dorothea Smullen <dorothea.smullen@ gm ail.co m> wrote:
1
I did not receive a response to this email sent over a week ago but did receive a
new notice in the mail that the meeting was scheduled for May 25th. It is not
possible for the appellants to be at this meeting. We need for you to reschedule
for a subsequent meeting. I believe it is customary to consult with an appellant
before noticing a meeting. Please check back with me before re-scheduling this so
that we can make sure we are able to attend. Also we were told that the new
biological report would be available on Monday. Please forward this to me.
Yours, Dede
408-679-0254 (Mobile)
On May 2, 2016, at 10:52 AM, Dorothea Smullen
<d o rothea .smullen@ gmail.com > wrote:
You mentioned that the notice of appeal had already been posted.
We did not receive any notice. When were they mailed? Can you
send me a copy? Thank you
Yours, Dede
408-679-0254 (Mobile)
2
LOS GATOS PLANNING COMMISSION 5/11/2016
Item #2, 19 Highland Avenue
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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
Melanie Hanssen
Matthew Hudes
Town Manager: Laurel Prevetti
Interim Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(510) 337-1558
ATTACHMENT 3
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P R O C E E D I N G S:
CHAIR BADAME: Item 2 is a requested continuance,
and I will be recusing myself from this item due to a
perceived conflict of interest with one of the four
Appellants. Vice Chair Kane will be taking over, and I will
return for the subcommittee reports.
VICE CHAIR KANE: This is Architecture and Site
Application S-15-077, 19 Highland Avenue. The matter was to
be continued to a date certain, however, I have a Desk Item
wherein there is a conflict of the parties’ availability to
attend the date that was determined.
Joel, do you want to clarify? We have a binary
decision before us, and we’ll go with an informal
procedure?
JOEL PAULSON: We will, so anyone who wishes to
speak on this item, I would suggest we give them three
minutes, and that will also offer the opportunity to the
Commission to ask questions. I believe representatives of
both the Appellants and the Applicant are here this
evening.
As you read in your Desk Item, some of the
Appellants are unable to make the May 25th meeting, which
was the original intended date to be continued to, and the
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Applicant has also stated that his architect will not be
able to be at the next meeting, which would be June 8th, so
ultimately the Planning Commission will be making a
decision on which date the item should be continued to, and
then we’ll move on from there.
VICE CHAIR KANE: That’s all we’re deciding
tonight is the date on which the matter will be heard. I’m
going to open the public hearing. Anyone who wishes can
speak on this matter. I will need a speaker card in advance
of that. I have two. Dede Smullen. What did we decide,
three minutes? You’ll have three minutes to address the
Commission.
DEDE SMULLEN: Hi, I’m Dede Smullen and I am
representing Roger and Mercy Smullen as well as all four
Appellants for this project.
We were not consulted about the date, and
unfortunately most of us, three of the four Appellants, are
not available on the 25th. We were available today, but we
would like to continue it to June or even further on,
whatever is convenient for the Applicant, but the 25th
simply will not work for us.
We’ve been struggling to be heard on this
project. Before the Development Review Committee we were
informed that the decision was made before we were able to
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speak. We’d like to be able to speak to this application,
and in a public hearing with our full complement of
Appellants available.
VICE CHAIR KANE: Let me clarify. You’re saying
you and the other members of the Appellant group were not
made aware of this date certain?
DEDE SMULLEN: We were made aware when we
received a notice of the meeting.
VICE CHAIR KANE: Then you were aware?
DEDE SMULLEN: When we received a written notice
that there would be a continuance, that’s when we were made
aware.
VICE CHAIR KANE: Thank you.
DEDE SMULLEN: We were not notified of this
meeting on the 11th. They threw out a couple of dates, the
11th and the 25th, so we’ve made ourselves available for the
11th. We are not available for the 25th.
VICE CHAIR KANE: All right, thank you. Questions
for the speaker? Commissioner Hudes.
COMMISSIONER HUDES: Did you as a representative
of the Appellants request a continuance from May 25th?
DEDE SMULLEN: Well, it hasn’t yet been continued
to May 25th. We would like it to be on a different date,
yes.
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COMMISSIONER HUDES: You requested a continuance
to May 25th originally?
DEDE SMULLEN: No, we did not.
COMMISSIONER HUDES: You didn’t request any
continuance on the matter?
DEDE SMULLEN: No, we did not.
COMMISSIONER HUDES: Okay.
DEDE SMULLEN: We just can’t make that 25th date.
VICE CHAIR KANE: Other questions?
DEDE SMULLEN: We were told that it was the
Staff’s decision to continue it, because of a lack of
Commissioners available for this meeting.
VICE CHAIR KANE: All right. Commissioner,
question?
COMMISSIONER HANSSEN: I heard that you wanted to
continue it to some date past May 25th. Is there a date that
you’re fairly certain that all of the Appellants could
attend?
DEDE SMULLEN: We weren’t really given enough
time, but it sounds like the 8th is fine, but then we were
told that the Applicant is not available on that date. We
haven’t been given any other dates, so we haven’t had a
chance to…
COMMISSIONER HANSSEN: To confer about it?
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DEDE SMULLEN: …to confirm or not confirm. For
me, I can make myself available, but…
COMMISSIONER HANSSEN: But you can’t speak for
the others?
DEDE SMULLEN: I need advanced notice. We need at
least a month’s notice to arrange our schedules.
COMMISSIONER HANSSEN: Okay, thank you.
VICE CHAIR KANE: Thank you. Commissioner
Hanssen, anything else? No? Seeing no other questions,
thank you. I have a card from Bess Wiersema.
BESS WIERSEMA: Good evening, Commissioners.
Staff, do you know where Marni is? Is she going to be here?
JOEL PAULSON: She will not be here.
BESS WIERSEMA: She will not? Okay.
I am Ed Pearson’s architect for 19 Highland
Avenue. We were also originally, I do believe, calendared
for the 12th, or the 11th, I guess, today, but as there was
additional information requested to happen at our DRC tech
review in order to satisfy some of the concerns of the
Appellant. That documentation from peer review is for
biological surveys, arborist reports, et cetera, and wasn’t
available until today. I do believe that’s part of why
Staff asked to continue it and selected the date of the
25th.
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I know there was also a little bit of concern
about the number of potential Commissioners that were going
to be here. We knew that Commissioner Badame was going to
have to recuse herself; she’s the sister of one of the
Appellants as part of this group of Appellants.
The 25th is a really important date to us. We have
a lot of people that are scheduled for that particular
date: Richard Gessner of Monarch Consulting Arborists;
Chris Hundemer of C2Earth Geotechnology; Ginger Bolen of
H.T. Harvey Ecological Consulting; Velimir Sulic of Peoples
Associates; Bart Hechtman, the land use attorney; and
myself.
This application has been prepared and approved
by tech review. I don’t believe there’s really any logical
reason to kind of put it past the 25th, especially as in all
forums that we’ve had, public or otherwise, the DRC,
meetings with the planner, et cetera, there have been
extensive questions around a lot of the professional
reports that have been prepared, not only the original
professional reports, but the peer review professional
reports, and then the professional reports that were also
requested and paid for by my client in order to back up
everything that’s been already approved.
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Also, I’m not really sure that continuing it does
anything for my client or the nature of the project either.
At a meeting on Saturday with the Appellant—that we wanted
to have so we could try to actually avoid the 25th Planning
Commission, but unfortunately, the majority of the group of
the Appellants chose not to show up to that meeting that
had been arranged—it was stated that no matter what
happened at this meeting, that it would be requested to be
continued above Planning Commission and to Town Council. So
I think it’s in the best interest of my client—especially
because more time goes by and it’s harder to do
construction as we enter potential future rainy season—to
stop the delay, to allow the time to happen when the
professionals are all scheduled, and put this to rest once
and for all.
VICE CHAIR KANE: Thank you. Questions for the
speaker? Seeing none, thank you, again.
I’m going to close the public hearing and turn to
my Commissioners for discussion or a motion, but first I’d
like to ask a question.
Mr. Paulson, in the Staff Report that we received
for this hearing, the original, it says under Remarks,
“Staff, the Applicant, and the Appellant request the item
be continued to May 25th.” Does that mean exactly what it
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says? I mean, who made that request if they didn’t receive
the notice?
JOEL PAULSON: Ms. Moseley is not here this
evening, so I’ll have to get confirmation of that, and
whatever meeting this gets continued to, we’ll provide that
information.
VICE CHAIR KANE: Thank you. Discussion,
Commission? Commissioner Hanssen.
COMMISSIONER HANSSEN: I appreciate the comments
from the Appellant as well as the Applicant. Since this is
an appeal, my feeling is that this should be continued to a
date where the Applicants’ professionals can be in
attendance, because that’s an important component of this,
and also that at least a majority of the Appellants could
attend, as long as that isn’t going to drag on for months,
I mean assuming it could be done before the end of June,
that would be my thoughts.
VICE CHAIR KANE: Thank you. Other comments?
Commissioner Hudes.
COMMISSIONER HUDES: Question for Staff. Is there
available time on the next Planning Commission, I guess
it’s June 22nd, July 13th, and July 27th, is there available
agenda time for this matter?
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JOEL PAULSON: There appears to be room on the
June 22nd. I do not have the tentative schedule for the
meetings in July.
VICE CHAIR KANE: Other questions? I have a
question. Could I reopen the public hearing to see how the
proposed compromise of June 22nd goes down, to see if that’s
acceptable?
JOEL PAULSON: If you want to reopen it and have
both of the people who spoke before…
VICE CHAIR KANE: Check with both sides.
JOEL PAULSON: …check in, then that’s fine. I’m
not sure if the Appellant has all of the other folks’
calendars, and so that’s something that will need to be
addressed.
VICE CHAIR KANE: I’m going to reopen the public
hearing. Ms. Smullen, could you come to the podium, please?
How does June 22nd work for you, ma’am?
DEDE SMULLEN: It works fine for me. I can
arrange our schedules so that I can be here. I can’t speak
for the others, although it seemed to be that the 25th was
the one that we had the biggest problem with.
VICE CHAIR KANE: Thank you.
DEDE SMULLEN: If there’s enough notice now, I
think that they should be able to be here.
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VICE CHAIR KANE: Just seeking opinions, thank
you. Ms. Wiersema, do you want to return? Or, Cindy
McCormick?
CINDY McCORMICK: Hi, Cindy McCormick; I live at
239 Thurston. I’m the Applicant’s fiancé. Since the planner
is not here this evening I just wanted to point out
something that you may not have noticed. On the third page
of the Desk Item, at the bottom where it starts from Marni,
it says, “Sorry, Dede. I did not receive the first email.
We spoke about the dates when we met almost two weeks ago.”
Obviously, the planner is not here this evening to address
that, but I did want to bring it to your attention. Thank
you.
VICE CHAIR KANE: What are you saying it says,
that they knew about the date?
CINDY McCORMICK: Yes, sir.
VICE CHAIR KANE: Thank you. Questions for the
speaker? I have one other question. How does June 22nd work
for you?
CINDY McCORMICK: It doesn’t work.
VICE CHAIR KANE: Thank you. Any questions? Any
other speakers?
BESS WIERSEMA: I would just like to reiterate
that we have gone multiple rounds on this project, it has
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been properly noticed, we have a group of six professional
people that have been called upon to make multiple reports
about this project and peer review, and we all have
critical mass on the 25th. We were able to get our group
organized for that. I would really appreciate it, if it
really meant as much to the Appellant’s group, that they
would figure out how to do that and to come together.
VICE CHAIR KANE: All right, thank you for your
comments. I’ve reopened the public hearing just to see if
June 22nd would work for you.
BESS WIERSEMA: Well, I think that Ed feels it’s
too late, and so if I’ve got to change my calendar, and we
have to check in to see if the 8th works, I guess that okay.
What we know if that the 25th works.
VICE CHAIR KANE: Thank you. We have a question
from Commissioner Erekson.
COMMISSIONER EREKSON: How does June 8th work?
That’s a month from now.
VICE CHAIR KANE: I need you to come to the
microphone. None of your comments are being recorded. And
give us your name, please.
ED PEARSON: Ed Pearson, 239 Thurston Street. We
could do the 8th. The only thing is I can’t guarantee if any
of the professionals, if all of them could make it, or if
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one could make it, or three could make it, so I would just
have to take my chances if we did the 8th. Hopefully all of
them could make it, but I’d have to take my chances. They
are a group, and I’m just taking my chances. All of them
might not be able to be there at the meeting.
VICE CHAIR KANE: So we have an additional date
of June 8th, proposed by Commissioner Erekson. You say
that’s a possibility?
ED PEARSON: It’s a possibility, I just might not
have all the professionals that I need here to present my
case, and if there are any questions regarding the project,
they may not… I can’t say for sure, since I don't know. It
could one might not be here, it could be four might not be
able to be here.
VICE CHAIR KANE: In all fairness to you, I need
a yes or a no so that you put forth your best case.
ED PEARSON: The question, again?
VICE CHAIR KANE: Does June 8th work for you?
ED PEARSON: It would work.
VICE CHAIR KANE: Thank you. Wait, there’s a
question. Commissioner Erekson.
COMMISSIONER EREKSON: So you would have
available whatever reports all of those professionals are
preparing in advance of that meeting?
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ED PEARSON: They’re already done, that’s
correct.
COMMISSIONER EREKSON: Okay, fine, so we would
have… Okay, that’s it.
VICE CHAIR KANE: Thank you.
ED PEARSON: Thank you.
VICE CHAIR KANE: I would have closed the public
hearing, except for this additional information, so my
question to you is binary. Is June 8th good or bad?
DEDE SMULLEN: That is fine. I just wanted to
address the last two people…
VICE CHAIR KANE: I’m happy with that answer.
Thank you very much.
DEDE SMULLEN: …who accused me of something.
VICE CHAIR KANE: It’s not necessary.
DEDE SMULLEN: Okay.
VICE CHAIR KANE: No. I like everybody.
DEDE SMULLEN: Because we did not know about the
25th.
VICE CHAIR KANE: We are closing the public
hearing.
DEDE SMULLEN: All right.
VICE CHAIR KANE: Thank you. I look to my
Commissioners for discussion or a motion.
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COMMISSIONER EREKSON: I move to move this to
June 8, 2016 for a hearing at that time by the Planning
Commission.
VICE CHAIR KANE: Thank you. Any objections with
that, Staff, on anything we don’t know about?
JOEL PAULSON: No, we’ll make that work.
VICE CHAIR KANE: I need a second.
COMMISSIONER HANSSEN: (Raises hand.)
VICE CHAIR KANE: I have a second. Is there a
discussion? Seeing none, I’ll call the motion. All those in
favor? It carries 4-0.