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Attachment 15-16TOWN OF LOS GATOS ITEM NO: 2 ADDENDUM PLANNING COMMISSION STAFF REPORT Meeting Date: September 28, 2016 PREPARED BY: Sally Zamowitz, Planning Manager sza rnowi tz@ losgatosca.gov APPLICATION NO.: Architecture and Site Application S-15-077 LOCATION: 19 Highland Avenue (north side of Highland Avenue just east of 15 Highland Avenue) APPLICANT/ PROPERTY OWNER/ CONTACT PE RSON: Ed Pearson APPELLANTS: Badame, Roberts, and Smullen Families APPLICATION SUMMARY: Consider an appeal of a deci sio n of the Development Rev ie w Committee approving an Architecture and Site application to construct a new single-fami ly residence and remove l arge protected trees on property zoned HR-2 Yi. APN 529-37-033 EXHIBITS: Previously received with May 11, 2016 Desk Item Report: I. Emails from appellants, received May 11, 2016 Previously received with June 8, 20 16 Staff Repo rt: 2. Location Map 3. Required Findings and Considerations 4. Recommended Conditions (nine pages) 5. Adopted Mitigation Monitoring and Reporting Program (3 pages) 6 . Town Council Resolution (200 1-128) 7. December 8, 20 l 0 Planning Commission m eeting minutes ( 15 pages) 8. Consulting Architect's Report, dated February 24, 2016 9. 2010 Arborist Report (26 pages), dated February 15, 20 l 0 10. Proj ect Data Sheet 11 . Letter from Anthony Badame, recei ved March 24, 2016 12 . March 29, 2016 Develo pment Review Committee minutes (two pages) 13. Appeal letter, received April 8, 2016 (four pages) 14. May 11, 2016 Planning Commission meeting minutes 15. Applicant's response letter and Attachments (1-14), received May 27 ,20 16 16. Public comment received through 11:00 a.m., Thursday, June 2 , 2016 17. Additional letters from applicant (11 pages), received June 2 , 2016 18. Development plans ( 16 pages), received March 22, 2016 ATTACHMENT 15 Planning Commission Staff Report -Page 2 19 Highland A venue/S-15-077 September 28, 2016 Previously received with June 8, 2016 Addendum Report: 19 . Letter from appellant ( 58 pages), received on June 2, 2016 Previously received with June 8, 2016 Desk Item Report: 20. Revised neighborhood outreach statement (one page), received June 6, 2016 21. Applicant's response to Appellant's letter (five pages), received June 8, 2016 Previously received at June 8, 2016 Planning Commission Meeting: 22. Communication from appellants (11 pages), received June 8, 2016 23. Presentation by appellants (15 pages), presented June 8 , 2016 24. Communication from applicant ( 5 pages), received June 8, 2016 Previously received with September 28, 2016 Staff Report: 25. Presentation by applicant (37 pages), presented June 8, 2016 26. Revised Recommended Conditions (10 pages) 27. Revised Development plans (15 pages), received July 11, 2016 28. Revised Project Data Sheet 29. Consultant Reports (I 0 pages) 30 . Addendum to 2010 adopted Mitigated Negative Declaration (101 pages), dated August 2016 31. Communication from appellants (23 pages) 32. Communications from applicant (110 pages) 33 . Revised Findings Previously received with August 24, 2016 Addendum Report: 34. Revised vers ion of Exhibit 31 , Communications from appellants (53 pages) Previously received with August 24, 2016 Desk Item: 35. Public comment, received August 24, 2016 36. Communication from appellants, received August 23 , 2016 and August 24, 2016 Previously received with September 14, 2016 Staff Report: 37 . Communications received from applicants (three pages) 38. Revised vers ion of Exhibit 32 (120 pages) 39. Public comment received from 11:01 a.m., August 24, 2016 to 11 :00 a.m., September 8, 2016 Planning Commission Staff Report -Page 3 19 Highland A venue/S-1 5-077 September 28, 2016 REMARKS: Previously received with September 28, 2016 Staff Report: 40. Revised version of the Augus t 24, 2016 l etter submitted b y appellants in Exhibit 36 (five pages) 4 1. Public comments received from 11 :0 I a.m., September 8, 2016 to 11 :00 a.m., September 22, 2016 42. Communication from appell ants, received September 22, 2016 (55 pages) Received with this Addendum Report: 43. Communi cation from the appellants, received from 11 :01 a.m., September 22, 2016 to 11 :00 a.m., September 27, 2016 (8 pages) Staff is recommending a continuance of the matter to the October 26, 2016 Planning Comm ission meeting in order to review the September 19 , 2016 Supr eme Court decision in Friends of the College of San Mateo c ited in an appellant 's letter of September 22, 2016 (Exhibit 42). Exhibit 4 3 contains communication from the appellants recei ved from 11 :01 a.m., September 22, 2016 to 11:00 a.m., September 27, 20 16, including: a res ponse to a biological evalu ation peer re view conducted by the Town's consultant; and a respon se to notification that a continuance would be requ ested. ~~;:.. Prepared by: Sally Zamowitz, AIA Planning Manager J P:SZ:cg Approved by: Joel Paulson, AICP Community Development Director cc: Ed Pearson, 239 Thurston Street, Lo s Gatos, CA 95030 Lisa Roberts , 78 A lpine Avenue, Los Gatos, CA 95030 Dede Smull en , 25 Highland A venue, Los Gatos, CA 95030 Anthony Badame, I Highland A venue, Los Gatos, CA 95030 N :\D EV\PC REPORTS\20 I 6\High land-19-ap peal-9-28-16-ADD.doc Sally Zarnowitz From: Sent: To: Subject: Attachments: Dorothea Smullen <dorothea .smullen@gmail.com > Thursday, September 22, 2016 7:29 PM Sally Zarnowitz Memo for inclusion in PC Packet 19HighlandAve_Bat_Issue_Response.pdf; A TTOOOOl.htm This was stuck in my outbox for some reason. It should have gone out to you this morning EXHIBIT 4 3 1 PACIFIC BIOLOGY ..J TO: 635 Carmel Avenue, Albany, CA 94706 Telephone/fax: (510) 527-1008 FROM: Richard Grassetti, Grassetti Environmental Consulting Josh Phillips, Principal Biologist DATE: SUBJECT: September 22, 2016 19 Highland Avenue -Response to Live Oak Associates' Biological Evaluation Peer Review The Biological Resources Review conducted by Pacific Biology for the 19 Highland ~venue Project raised the issue that potential impacts to roosting _ bats are not addressed in the 2010 CEQA document being used for the project. The results of the Biological Resources Review were presented in a memo dated June 2, 2016, which included the following comment regarding the potential of bats to roost on the project site: "Finally, the proposed project includes the removal of n!_lmerous 1!:ees 1 ~ncluding one particularly large oak tree (of compromised health) with numerous cavities. This tree could be used as a roost by bats, including special-status bats species such as pallid bat (Antrozous pal/idus); potential impacts to roosting bats are not addressed in the 2010 CEQA document being used for the project." Live Oak Associates responded to this comnient in their Biological Evaluation Peer Review (dated July 21 , 2016). Their response included an erroneous as_sertion that pallid bat could not roost in the tree in question. Live Oak Associates asserted that pallid bat would not roost in the tree because "pallid bat typically uses buildings, caves, and rock crevices" for roosting. However, pallid bats are known to roost in trees, including oak trees. Radio-tracking efforts in the west, including California, suggest that the pallid bat is far more dependent on tree roosts than was previously realized. This species has been located in tree cavities in oak, ponderosa pine, coast redwood, and giant Sequoia (Rainey et al. 1992, Cross and Clayton 1995, Pierson and Heady 1996, as cited in Pierson and Rainey 1998). The Live Oak Associates memo also states that "there are less than a half dozen places where limbs have fallen that have created small, relatively shallow hollows, ranging in diameter from about 6 to 8 inches. There are also a few areas of exfoliating bark as a result of th e bark beetle infestation. These features do not provide potential matern ity or roosting habitat for special status bats such as th e Townsend's big-ea red bat or the pallid bat as these latter species do not use these types of features". A s discussed above, pallid bats do roost in trees , and the species doe s use hollows and cavities in trees. The Live Oak Associates memo states that the oak tree was evaluated with binoculars and that the hollows are "relatively shallow". If the hollows are shallow, then they would not provide suitable maternity roosting habitat. However, given the size of the tree (see photo below), it is not clear how the tree was thoroughly inspected and the depth of all of the hollows were evaluated with just binoculars. When trees are evaluated from the ground using binoculars, a bright focused light is generally needed to verify the depth of cavities. The Live Oak Associates memo does not mention using a bright focused light or other equipment (e.g., a ladder) to conclusively determine the depth of all the hollows in the tree. Photo 1: Photo of Oak Tree in Question r- ( Further, the Live Oak Associates memo goes on to conclude that "the small hollows and areas of peeling bark could be used as day roosts by certain common bat species, although these features wouldn't provide maternity habitat for any of these species". As established above, pallid bats do roost in trees, including oaks. Given this, and that Live Oak Associates concludes that "the small hollows .... could be used as days roosts by certain common bat species'', it is unclear why pallid bat also could not use the hollows as a day roost, or if the hollows are found to not all be shallow, it is also unclear why pallid bats or other bat species could not use the tree as a maternity roost. Finally, the Live Oak Associates memo acknowledges that a low number of roosting bats could be present in the tree and that tree "removal could impact a few individuals". Live Oak Associates includes an avoidance measure to address this potential impact. If only a low number of common bat species are present, then as implied by Live Oak Associates, the related impact may not be significant under CEQA. However, for the reasons discussed above, the information provided in the Live Oak Associates memo does not adequately support their conclusion that pallid bat (a special-status species) could not roost in the tree. If pallid bat uses the tree for day roosting (given that the species does use oak trees), or if pallid bat or another bat species use the tree as a maternity roost (if further evaluation finds that the hollows are deeper than described by Live Oak Associates), then impacts to roosting bats should be considered significant. and mitigation would be required. Further, if it is found that the hollows are deeper than described in the Live Oak Associates memo, and that the tree could therefore be used as a maternity roost, then the avoidance measure recommended by Live Oak Associates would need to be revised to also protect bats during the maternity roosting season (generally mid-April through August). It should also be noted that while the Live Oak Associates memo addresses Townsend's big- eared bat and presents reasons why the species is not expected to occur, the biological resources review conducted by Pacific Biology did not suggest that species could roost on the project site. Please feel free to contact me with any questions regarding this memo. Sincerely, 1)\ fk Josh Phillips REFERENCES Pierson, E. D., and W . E. Rainey. 1998. Pallid bat, Antrozous pallidus. In Terrestrial Mammal Species of Special Concern in California, Bolster, B. C., editor. Draft Bird and Mammal Conservation Program Report No. 98-14, California Department of Fish and Game. From: Lisa Roberts [mailto:lroberts@rehonroberts.com] 5ent: Tuesday, September 27, 2016 8:46 AM To: Sally Zarnowitz; Anthony Badame; Dede Smullen Cc: Joel Paulson; Robert Schultz Subject: RE : 19 Highland Continuance ' ' Sally : Thank you for advising that you will be requesting another continuance. Would you please advise who "we" is, the town or the applicant or both? Also, would you let me know the proposed date(s) for the new hearing so that the date(s) can be cleared with appellants and their experts? Already, I know that one expert is unavailable during the second half of October. Additionally, with respect to the request for the continuance, I would like you to consider the following: 1. I was able to prepare and submit a letter on the Friends case and related issues in time for the Thursday morning submission, and I do not understand why the applicant could not have done the same. Indeed, the applicant has more time than I took, still having the opportunity to r_espond by way of desk item on Wednesday as well as at the hearing itself. This is not a situation of ~urprise. The Friends case has been pending for considerable time; the decision has been long-awaited; and , most notably, it was known that the decision would be made by September 20 as required by Supreme Court rules . It came out a day before that deadline. Further, while it should not have been necessary, I specifically brought attention to the Friends case in my August 24, 2016 letter to the Planning Commission, referring the Commission (and thus the town and the applicant) to an article regarding it. 2. Other than the Friends case, there was nothing else "new" in my letter. My letter addressed vari ous environmental issues but all based on reports and information that had already been _maintained by or provided to the town and the applicant. As pointed out in my letter, the town and the applicant failed to address those issues when deciding to prepare ari addendum to the 2010 MND. The request for more time now to consider them underscores the accuracy of my point. 3. The CEQA issue is hardly the only ground for appeal; indeed, based on the appeal, the Commissioners raised seven different ·matters that Applicant needed to consider in revising his plans to avoid denial of his application, of which only one was CEQA. Those other grounds alone compel denial of the Application and upholding of the Appeal. 4. Please note that the appellants have never requested a continuance for more time. They requested rescheduling only when a hearing was set on a date on which they were simply unavailable . In contrast, this will be the second time that the town and the applicant hav~ requested a continuance for more time to respond to appellants (both times .of which related to the CEQA issue). 5. In every public notice, we are advised of the importance of community input, and at every step in this process, we have been diligent in timely and clearly providing that input both to the applicant and to the town. We have submitted our materials in time for review and consideration by the Commission, and we have attended the hearings (including the first hearing at which the Commission gave Applicant the opportunity to revise his plans rather than be denied his application for appeal to the Town Council, and the last hearing at which the hour grew so late that this matter needed to be continued). Our involvement and input has not been easy . Each of us has a professional career as well as personal and other obligations . We respect your request for a continuance, bl)t please note the time, effort, and diligence we have put into advising the town, the applicant, and the Commission of our concerns regarding this project and the numerous problems presented by the applicant's original plan and still not add ressed by the applicant's revised plans. Please forward this email for consideration by the Commission . Thank you . LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 Melanie Hanssen Matthew Hudes Tom O’Donnell Town Manager: Laurel Prevetti Interim Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 ATTACHMENT 16 LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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: So Item 2, this is a requested continuance for Architecture and Site Application S-15-077, 19 Highland Avenue, considering 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-2½. At this time I will open the public testimony portion of the hearing and allow the Appellant, or the Applicant, first up? ROBERT SCHULTZ: No, it would just be the two, comment period. CHAIR BADAME: Okay, so this is the comment period? ROBERT SCHULTZ: Mmm-hmm. CHAIR BADAME: All right. ROBERT SCHULTZ: And it’s restricted just to the issue of continuance. CHAIR BADAME: All right, so I have two speaker cards, and that would be Bess Wiersema. VICE CHAIR KANE: Three. LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 BESS WIERSEMA: Good evening, Commissioners. Here we are again for 19 Highland Avenue. I spoke with Ed earlier this evening. As you know, this has been to the Planning Commission repeatedly. We also had a request for continuance from the Appellant group previously that we honored. I understand this one is coming from Mr. Schultz regarding the legal matter around the California Supreme Court hearing that just came down recently. We would like to request that we be continued to the soonest possible date, the October 26th date that we had previously discussed with Staff. I think I just heard there might be a special meeting on the 17th as well, and we’d be happy to jump on that earlier one also in order to alleviate heavier Planning Commission meetings that you may have. It’s our intent to make sure this gets heard as soon as possible. We have heard repeatedly from the Appellant group that they are prepared to take this all the way to Town Council, so it’s our understanding that it really doesn’t matter what happens here at Planning Commission, that should we get an approval or disapproval that they would carry it right along, so we’d like to LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 expedite this so we can get this done this year, and hopefully get underway early next year when the rains stop. Also, Mr. Pearson would like everyone to understand that due to all the continuances and all the extra effort he’s had to make, he’s put in over $50,000 in extra effort to have his team of people be available for these Planning Commissions over the past three or four months, and also be available for vetting reports and everything, and some consideration should be made based on the impact financially that that’s having on him in addition to the delay of construction. So we’d love the 26th, or like I said, we’ll take the 17th. I do know that Bart Hechtman has reviewed extensively the Supreme Court case, we’ve had meetings on the site about it, and he’s prepared to come as soon as possible with his understanding of that as well. Thank you. CHAIR BADAME: Thank you, Ms. Wiersema. If any of the Commissioners have questions, can I take questions for Ms. Wiersema, or is this strictly comments? ROBERT SCHULTZ: No, there are questions. CHAIR BADAME: Any questions? Seeing none, thank you. Our next speaker is Cindy McCormick. CINDY McCORMICK: Hi, I just want to briefly read a statement from Mr. Pearson. I’m going to abbreviate this. LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 “The last time the Commission discussed my project was at the meeting of June 8, 2016. I feel we came away from the meeting with some good feedback and since then have made great strides in coming up with a very good project for the site. We have received numerous letters of support from surrounding neighbors and have had one Appellant remove herself from the group after reviewing the revised plans. We then arrived at the meeting on August 24th excited to present our project. Unfortunately, the Alberto Way project was too late and we were continued until September 14th. The Appellants then requested the meeting be continued to September 28th, which we agreed to. I would request that we keep the October 26th date that Planning had recommended. I have two of my consultants that will be unable to attend at the later proposed date. I see no reason why the Appellants should not be able assemble adequate representation at the October 26th meeting.” Thank you. CHAIR BADAME: Thank you, Ms. McCormick. Any questions? Seeing none, thank you. Our next speaker is Anthony Badame. ANTHONY BADAME: Anthony Badame, 1 Highland. After speaking with my Co-Appellants, the only dates LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 available that we could all attend would be November 9th and December 14th. This was not a continuance on our part. We were all set to go tonight. This was on the Town, and I guess specifically on the attorney, so with this change, this continuance, October 26th we cannot make; we will not be adequately represented. I’d like to make one other comment. I’m not sure where the architect is coming from that we are determined to take this to Town Council. I’ve never said that and I’ve never heard any of the Co-Appellants say that, so that would be mere speculation on her part, and actually we take a little bit of umbrage to that. CHAIR BADAME: Thank you. You still have a couple more minutes, or a few more seconds. No? Okay. Commissioner O'Donnell followed by Commissioner Hudes. COMMISSIONER O'DONNELL: Could you tell us what your difficulty is in going forward on the 26th? ANTHONY BADAME: Dede Smullen, who is a Planning Commissioner for the City of Saratoga, cannot attend, because she has obligations that same night. I believe Lisa Roberts is not able to attend, or our environmental consultants are not able to attend. Given that the CEQA is LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 such a pivotal element of this case, I think it’s very important that our environmental consultants are available. COMMISSIONER O'DONNELL: I don’t recall, and I apologize for that, are you represented by counsel? Who is your attorney? Do you have an attorney? ANTHONY BADAME: We do not have an attorney. COMMISSIONER O'DONNELL: Thank you. ANTHONY BADAME: Although Lisa Roberts is an attorney, but she… CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: I’m sensitive to the Applicant’s concern about delays, two of which were caused essentially by the Town and our own proceedings. Have you explored other dates in October? Are there any other dates in October that would be available to you and your team? ANTHONY BADAME: Apparently Lisa Roberts had an email exchange with the attorney and I believe that we were unable to make the earlier October dates, and in fact, Mr. Schultz had mentioned November and December dates for the continuance and didn’t mention October dates. I think he apparently needed time to review the case. And again, Dede Smullen, who is one of the Appellants, is not available. LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 COMMISSIONER HUDES: So is the issue that all of October is blocked, or is it the specific dates in October that you were offered were blocked? ANTHONY BADAME: To my knowledge, it’s the specific dates that we were offered. There are only two dates in October, correct? COMMISSIONER HUDES: Well, October is already filled with special meetings, and so we may have a discussion about whether those special meeting dates are the appropriate ones, so I’m trying to find out whether it’s the whole month of October that’s a problem, or it’s the specific dates that you’ve been offered. ANTHONY BADAME: It was the specific dates that were offered, and I couldn’t speak to other dates, although Dede Smullen, again, she has her Planning Commission at the City of Saratoga and she mentioned that she wouldn’t be able to make any October dates. COMMISSIONER HUDES: Okay, thank you. CHAIR BADAME: Thank you, Doctor Badame. No further questions. All right, so I will look to the Commissioners. Do I have a motion to continue the item to October 26th? Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 COMMISSIONER O'DONNELL: I have a question before that. We shouldn’t have tension between the 26th and the first date available in November. Would you remind me of that date in November? JOEL PAULSON: The first date in November is November 9th. COMMISSIONER O'DONNELL: So we have a 13-day disagreement, it sounds like. I don’t recall, but were both sides available on the 9th, or have we heard from both sides? We’ve just heard from one side, but what about the other? JOEL PAULSON: The first two speakers spoke about the 9th, and I believe they mentioned that two of their consultants weren’t available on the 9th. COMMISSIONER O'DONNELL: Okay, thank you. CHAIR BADAME: All right, any discussion? COMMISSIONER O'DONNELL: I’ll make a motion. CHAIR BADAME: Commissioner O'Donnell. COMMISSIONER O'DONNELL: I’ll make a motion that we continue this matter until October 26th. CHAIR BADAME: All right, do I have a second? Commissioner Hanssen. COMMISSIONER HANSSEN: I’ll second the motion. LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 CHAIR BADAME: Do I have any discussion? Commissioner Kane. VICE CHAIR KANE: Well, it just seems like damned if you do, damned if you don’t. If one of the parties is saying they’re going to be underrepresented, and given that the continuances previously were circumstantial, it seems like we’re penalizing one side. I’d like a discussion on that before I vote. ROBERT SCHULTZ: From Staff’s standpoint, yes, it is unfortunate. There have been previous requests for continuances also, but we do have to do the items of business, so we do have to schedule them. Some of the Appellants will be available on that date, and in all due respect, having a Planning Commission in another town or city can’t take priority. If we begin to placate all that can’t make it because of business or other issues, then we’d never be able to get our business done. So it does happen, unfortunately, it does. I will state that even by doing the October 26th date there may very well even be another continuance due to the fact that the addendum, depending on when we can get that done, because in all likelihood there will be further changes to the addendum based on the Supreme Court LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 decision, but I think we can get it done and have it on the October 26th date, and that’s why we recommended it. VICE CHAIR KANE: All right, thank you. CHAIR BADAME: Commissioner O'Donnell followed by Commissioner Hudes. COMMISSIONER O'DONNELL: I certainly am sympathetic to both sides. The only reason I’ve requested that we move it to the 26th is it looks like, as you indicated, you’re between a rock and a hard place. On the other hand, I realize that the Applicant has… Any time you delay a project as long as this project is delayed, you just keep running up money, and if I had to choose between who was going to be unhappy, and in light of that, the penalty of time and money, that’s why I wanted the 26th. There’s nothing fully compelling about that, but that’s the way I would lean, and that’s why I made the motion. CHAIR BADAME: Commissioner Hudes. COMMISSIONER HUDES: I’m curious about the legal review and when you think that would be complete. I understand that we have a meeting on the 26th. We also have a meeting on the 17th, I believe, and the 19th as well, and before I even ask about whether there’s time on the agenda, I’m just asking the question how long will it take to have the legal review and the changes that are needed? LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 ROBERT SCHULTZ: It would be too close. We talked about that; it would just be too close. Even if there was time on those two agendas, it would be too close to the issuance of it, and we want to make certain that with changes, and possibly major changes, to an addendum that both the Appellant and the Applicant have time to review those, and so we anticipate that it would be out that week and give that ten-day period before the 26th. COMMISSIONER HUDES: So that would be the 16th? ROBERT SCHULTZ: Sixteenth, 17th, is what we’re shooting for to have that addendum done if it all goes as planned. CHAIR BADAME: Commissioner Hanssen. COMMISSIONER HANSSEN: I had a question. I too find this difficult, because the last two continuances were on the Town and not on either the Applicant or the Appellants, but having said that, I wondered also; do we have any time deadline because of the appeal? I didn’t think so, because it didn’t come up, but that isn’t an issue that we have to be worried about. CHAIR BADAME: All right, so I have a motion to continue to the 26th. I have a second. I will be abstaining from the vote due to a perceived conflict of interest. I will call the question. All in favor? Passes unanimously. LOS GATOS PLANNING COMMISSION 9/28/2016 Item #2, 19 Highland Avenue 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 Mr. Paulson, I don’t believe there is appeal right on the actions of the Commission on this item. JOEL PAULSON: There is not, thank you. CHAIR BADAME: Thank you.