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Attachment 7LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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: Matthew Hudes, Chair Melanie Hanssen, Vice Chair Mary Badame Kathryn Janoff Tom O'Donnell Reza Tavana Town Manager:Laurel Prevetti Community Development Director: Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 7 LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 HUDES: Now we get to Item 2, which is the public hearings portion of our agenda, and we will consider Item 2, which is 11 Peralta Avenue, Minor Residential Development Application MR-18-008, requesting approval for construction of an addition to an existing second story of a pre-1941 single-family residence on property zoned R-1:8, APN 510-42-073. Property owner: Wendy Fan Kandasamy. Applicant: Tony Jeans. Project planner: Erin Walters. This has been continued from December 12, 2018 and January 23, 2019. May I have a show of hands from Commissioners who visited the property under consideration? Great, and are there any disclosures? Before we proceed, I’d like to explain the format of our hearing this evening. Since the referral to the Planning Commission and this hearing is based on an objection from a neighbor this agenda item will follow the flow of an appeal. Therefore, we will follow the ten-ten- three-five-five format. The Objecting Neighbor’s team will have ten minutes to make a presentation, then the Applicant’s team will have ten minutes to make a LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 presentation, then we will take public comments at three minutes each, the Applicant’s team will then have five minutes to make final comments, and the Objecting Neighbor’s team will finally have five minutes to make final comments. Of course, questions by Commissioners are welcomed in each of those sections. Ms. Walters, I understand you’ll be giving the Staff Report this evening. ERIN WALTERS: Yes, good evening, Commissioners. The 8,000 square foot subject lot is located on the west side of Peralta Avenue. The site is developed with an existing pre-1941 two-story primary residence with two permitted attached Accessory Dwelling Units. In 2001 two ADUs were permitted on the subject property, therefore creating one legal ADU and one legal nonconforming ADU, and this application does not modify the existing number of ADUs on the site. The residents at 15 Peralta and the six-car garage do cross the subject property line. These are existing conditions and the subject application does not include any proposed modifications to those. The application before you tonight is a Minor Residential Development Application for the construction of a 540 square foot rear addition to the existing second LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 story of the single-family residence. The existing foundation is damaged, and when replacing the foundation, the Applicant proposes to move the structure 3’ to the north to further add to the side setbacks, and then also add below-grade square footage. The proposed 2,500 square foot home is the fourth largest in the immediate neighborhood, and the proposed home meets the required setbacks, lot coverage, height, and setbacks. The project includes exterior modifications, including relocation and resizing of windows on the north and south elevations, and the elimination of one of the two doors on the front elevation. In May 2018 HPC reviewed the project and recommended conditions. The Applicant has incorporated those changes into the development plans found in Exhibit 25. The Town’s Consulting Arborist provided specific recommendations to protect the large oak tree at the front of the property throughout construction. A Notice of Pending Approval for the Minor Residential Application was mailed to the surrounding property owners and occupants, as required by Town Code. The Town received written objection from the neighbor at 9 Peralta with concerns that could not be resolved with Staff or through the application. Concerns included privacy, LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 mass, parking, and tree presentation as described in Exhibits 10 and 17. The Applicant provided a summary of neighborhood concerns, actions taken, and rebuttal of objections in Exhibit 12. The Applicant submitted modifications to the development plans in a letter that summarizes these changes and that address the privacy and is found in Exhibit 5, which include window changes. On January 23rd HPC reviewed these window changes and recommended that all windows would be double-hung, and that the second story trellis could be removed or reduced to 3’. The Applicant has provided a letter in Exhibit 24 that addresses all these recommendations. All windows can be double hung with the exception of two in the lower below-grade square footage area due to egress requirements. Also, the second story trellis has been reduced to 3’. Public comments have included letters of support and a letter expressing concerns regarding parking and mass. Based on the analysis provided by the report Staff recommends approval of the Minor Residential Development Application, subject to the revised conditions found in Exhibit 23. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 This concludes Staff’s report. CHAIR HUDES: Thank you, Ms. Walters. Are there any questions of Staff from any Commissioners? I had one question, if I may. In the objecting letter there was a concern that this could turn into four units rather than three. How would the Town ensure that there were only three, meaning the main plus the two ADUs? ERIN WALTERS: The building permits would be reviewed per the approval of the Minor Residential Permit for three kitchens, for three units of a certain size. After that if there were any moderation or expansion of that unit, then it would be a code enforcement issue. CHAIR HUDES: Was there anything in the objecting letter that made you take a closer look to see whether it was really three units or four units, and where did you come out on it? ERIN WALTERS: It’s three. CHAIR HUDES: Was there anything in there that made you take a closer look at it? ERIN WALTERS: The Applicant expressed concerns that the storage room at the lower level could be turned into a fourth unit. Again, it wouldn’t be approved for that, and so if that occurred in the field that would be a code enforcement issue. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 CHAIR HUDES: Okay, thank you. Vice Chair Hanssen. VICE CHAIR HANSSEN: I did think of one question, and it goes to the parking. They have this parking garage— for anyone that hadn’t read the whole Staff Report—that has several parking stalls in it, and they’re all very small, but as you mentioned, there’s no part of this proposal to change the garage, so is there anything that can be done to ensure that it does… Because this would impact parking if they didn’t get around to doing that for whatever reason. They’re not really using the garage for the purposes of parking all those cars today, so is there anything that can be done about that, or we just have to hope that they’re going to fix it? JOEL PAULSON: Because they’re not modifying anything there is nothing you can do about the existing parking. That is an existing condition that was used for the three prior units, the single-family home and the two ADUs, and so that will be the continuation of what will be the proposed use for the site, so there are no moderations that can be required. VICE CHAIR HANSSEN: Just to confirm given the legal nonconforming garage units, it is in compliance with LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 our number of parking space requirements for the number of units there are? JOEL PAULSON: It is in compliance, and I would actually make a statement and then defer to Ms. Walters to confirm that, but for ADUs, with our current ordinance if it’s within half a mile of a bus stop, we actually can’t require any parking spaces for the ADU, so it would only require two spaces, period, for the entire three units for the site. VICE CHAIR HANSSEN: Okay, thanks. CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: Just another question about the garage stalls. When I looked into the window of the one on the end, it looks pretty small. Do they actually accommodate modern sized vehicles? Let’s assume it’s not a Smart Car. ERIN WALTERS: Right. A vehicle can fit into the garage. It doesn’t meet our current standard, but a vehicle can fit into the garage. COMMISSIONER JANOFF: And open a door? ERIN WALTERS: It depends on the car. CHAIR HUDES: Okay, thank you. We’ll now open the public portion of the public hearing and give the Objecting Neighbor an opportunity to address the Commission for up to LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 ten minutes. Mr. Fox, I believe you’ll be speaking. Could you please just state your name and address for the record? JOHN FOX: Hi, I’m John Fox; I live at 9 Peralta Avenue, Los Gatos, 95030. CHAIR HUDES: Thank you, go ahead. JOHN FOX: Good evening. My wife Donna and I live at 9 Peralta, as I say, immediately adjacent to and below and south. We’re on a hill; that becomes important to the backyard privacy issues in a moment. As things stand today, ladies and gentlemen, you have six of the seven immediate neighbors to the 11 Peralta property in opposition to the 11 Peralta property expansion because of the current property onsite parking limitations, which if you approve this project will of course get worse, because there will be two more bedrooms to that property, and many more cars. They’re increasing by 33-percent the current four-bedroom to six-bedroom configuration and they’re adding a length at the back of the house of between a quarter and a third to that house, which raises the mass issue. And you have every neighbor in the neighborhood very concerned about the towering and majestic oak tree in the front property that borders between my property and 11 Peralta. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 Apart from the parking and tree problems almost all the neighbors share, Donna and I have two problems unique to our property and the proposal. The increase in mass, although others in the neighborhood who walk Pennsylvania Avenue also share that concern we have found, and you have a letter in your file from a neighbor about that that I’ll come to in a moment; and the loss of privacy which will occur when 11 Peralta suddenly grows 25- to 33- percent bigger in the back and rises three stories above us, because we’re a story below them, so to us that second story is three stories above us, looking directly down into our back yard, our kitchen and our breakfast nook area, which is where we spend most our time in the house, as I’m sure most of you do too. They’re also proposing to put three new entrances to the building on that back side right on our property line, basically moving the front of the house to the side addressing our back yard. They’re going to reposition the main front door entry to the rear of the house at the junction with our backyard property line, said another way. That new front door entrance will thus create entrances to two floors above ground and overlooking our back yard, kitchen and breakfast nook area, along with the entire unnecessary, I might add, second-floor patio that will just LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 serve as a viewing deck right into everything we’ve got in the back of the house and the back yard. I’ve lived in downtown Los Gatos since 1987. Donna and I have lived with our three kids at 9 Peralta for almost the past 23 years since 1996, and during which we have made extensive renovations to the inside and outside of this historic Julia Morgan home. It’s a house with such emotional impact on the Town that it was the very first house, in fact, that this Commission permitted in Los Gatos to be renovated after the Loma Prieta earthquake. I’ll link this up in a minute, but in 2014 Donna and I bought the iconic red brick building at 315 University across from the fire station, the one with the stone arched buildings, and renovated it extensively inside and out. As proud citizen of Los Gatos we spent millions of dollars renovating these properties, and I tell you that story only because Donna and I are both very, very proud that we did not have one single objection from one single neighbor, because we worked awfully hard to accommodate everybody. In fact, between those two properties we planted over 50 trees to accommodate privacy concerns of various neighbors. Fifty. We would have gladly put in more had they asked us, but we took care of everybody and made sure that there were no objections to a single thing that we did LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 despite massive renovations to both properties inside and out. But let’s get into it. Despite Tony Jeans’ written representations to this Commission that both this project has no impacts on the neighborhood, and that the parties were close to resolving our differences, that is simply not true; it’s hogwash. The privacy issue is our largest concern. It’s easily solved, in our view, by putting up 12-15 Italian Cypress trees on two-foot centers, as you see all over this town. You’ve got examples within 100 yards of this building of four of them alone, by my count. Solving that problem would also allow Donna and me to withdraw our objection to the proposed expansion of the front to the back length of the house by another one- fourth to one-third, and the mass that that expansion entails. It would also allow us to withdraw our objection to the erection of the large outside patio deck on the second floor that overlooks our back area and house. That outside patio will just act as a viewing stand for everything that goes on in the back of our house. Is it a massive addition to the rear of that house? Yes, you bet it is. You received in your Desk Item on December 12th a letter from a Ms. Kaufman who lives on LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta 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 Pennsylvania Avenue and who described to you her reaction to the project this way: “The scale and scope of this project is massive.” She reported to you, in fact, that she cried when she saw the story poles go up. For the record, I don’t know Ms. Kaufman, I’ve never met her, I didn’t put her up to do that letter, but I’ve heard that same comment from a half a dozen people that I see on the street walking up and down Pennsylvania Avenue. No impact on the neighborhood? No one believes that except for Tony Jeans, and I hope you do not. Donna and I ask that the Commission not approve the project, or at least disallow construction of the second-floor outside patio on a property, by the way, that already has many beautiful gardens and trees and patios, unless the new owners plant 12-15 20’ high Italian Cypress trees on 2’ centers on a portion of the fence line where we have this viewing problem. If the Commission would order that privacy trees be planted, that would solve our privacy problem and the mass problem in their entireties, allowing the new owner to have her second-floor patio and still easily see the hill to our south, which is what she wants to see; and the privacy trees eliminate our concern about the mass of this project, since we will then not be forced to see it. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 Let me convert to parking. I think the parking garages are illegal, but I obviously have to defer to Staff. They’re not 10x20 on the inside, they’re 10x20 on the outside. Cars simply do not fit in those antiquated and sagging four-stall garages, and if those garages are to code, the Town simply needs to change the code; we’ll have to worry about that at a different time, you may miss that opportunity here, but regardless of whether the garages are to code the Commission should exercise its discretion. I would suggest to you to require a $1 million renovation like this to have adequate garages to house the many tenants of this property. What’s the proof that the cars don’t fit in there? Let me give you four. Twenty-two years that I’ve been at that property dozens of tenants have tried and failed. Every prior owner of the property, which have been three since then, have insisted in contract at our suggestion that they require the tenants to park in there, and they have tried in good faith. I have worked with many of them. I’ve got down on my hands and knees measuring one of those garages for them. It hasn’t worked. Twenty-two years, there’s only been one tenant who has been able to survive in there for more than a week, and we’ve had dozens LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 and dozens of tenants; they used to run that on a six-month cycle. Second piece of proof. Tony’s Jeans’ niece, one of the current tenants, tried parking in the garages and badly damaged the right side of her vehicle, which then predictably went right back onto Peralta with a badly scraped fender and quarter panel. I’m no machine shop guy, but it looked about $1,000 to $1,500 of damage to me on her second day of trying. Next, currently, today, you have five of the current six cars in that house that are on the streets, even when they’re under the microscope and everybody is watching. They’re not in the garages, they’re out on the streets, and if you’re out there looking today or yesterday, you’d find that to make it appear even less dense they moved the cars over onto Pennsylvania Avenue, hoping that you wouldn’t notice that sleight of hand. Nobody has been able to live in there for more than a week. There are cars that physically don’t fit at all. The Commission should deny the 11 Peralta proposal unless it requires the owners to build, now, at least four onsite garages of appropriate size to house the tenant cars. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 There are four different stories we’ve heard about the tree, which is why the tree is on the agenda here. First, Tony told me he was going to take the tree down because they wanted to put solar panels up on the south side of the roof. When the Town arborist told him that wasn’t going to happen, and the uproar in the neighborhood ensued, he quickly changed position to position two, the tree was a threat to life and property and needed to come down. He begged my assistance with that. The Town arborist and I both independently came to the conclusion that nothing was wrong with the tree; it’s very healthy, it’s beautiful. I would not join him in that false suggestion. Third position, when that didn’t fly, and the neighbors were getting very aroused at that point, he said the tree would not survive construction. That then caused the neighborhood watch to make sure that he doesn’t poison the tree. Everybody is watching the tree now, talking to the Town arborist. Then he fell back to his fourth position, the current position, the tree may be damaged and could die during construction. That’s why I’m going to ask you to ask for a $15,000 bond to make sure that tree doesn’t get hurt LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 somehow magically during this construction, which is massive, picking up that house and building a new area. I’m going to ask you to do four things. Whoops, I’m out of time, so I’ll do that later, I guess. CHAIR HUDES: Thank you. There’s the opportunity to ask questions. Maybe some of your points will come up during that. Do any of the Commissioners have a question? Commissioner Hanssen. VICE CHAIR HANSSEN: As I was listening to your presentation, I thought you had gone through your objections and what would satisfy them, and so you talked about the view and if they planted Italian Cypress. My question is going to be did I get this right? Just so you know I’m asking a question. And then you talked about the parking and what you wanted, and you talked about the tree. Is there something else that you were looking for that would make you come from the objection to the satisfied side? JOHN FOX: If we got the 12-15 Cypresses it would solve the privacy and the mass problem, it’s as simple as that on those two issues. On the parking, they need to build the garages now, because all those cars are going to be out there. We usually have between 7-11 cars. Depending on who is there in the house, we’ll have 13-17 cars LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 potentially if you approve all these new bedrooms. We can’t staff it now. There are many days I can’t park in front of my house at all on a 100’ lot line facing Peralta. The third thing is the tree. We’re all going to watch it, for sure. The Town arborist said he’s going to watch it. But I think you need to put a bond on him, because Tony wants to get rid of that tree. VICE CHAIR HANSSEN: So, my questions was, was there something else besides the tree, the parking, and the view? JOHN FOX: Just those four issues, Madam Vice Chair. VICE CHAIR HANSSEN: All right, thank you. CHAIR HUDES: If I may follow up on a couple of things. You’ve made the point that by planting 12-15 20’ Italian Cypress trees on 2’ centers, that would alleviate the privacy and mass problem. JOHN FOX: Correct. CHAIR HUDES: Do you have any objections to the structure itself if that were to happen? JOHN FOX: No, because we wouldn’t see it then. CHAIR HUDES: Okay, so then your remaining objection would be to the garage and to the tree? JOHN FOX: Correct. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 CHAIR HUDES: A question about the garage. You requested that they build four garages. How did you arrive at four? JOHN FOX: Well, it’s my reading of the code, but I’m going to defer to your more seasoned staff than me. I calculated it, and Tony Jeans also confirmed my calculation to me, for whatever that may be worth, but he owes four garages if you were to code today. (Inaudible) it’s clearly four as I read the code. CHAIR HUDES: I’ll follow up with Staff on that in a little bit. Then the other question related to that: On what basis can the Town require someone to remove a nonconforming structure, in your opinion? JOHN FOX: I don’t think you have to approve and grandfather and further a bad act. I think you can exercise your discretion not to further a bad act and make it even worse than it is. It’s a current nonconforming use and you have an impact on the neighborhood with the addition of all of these additional bedrooms, which is going to bring at least two more cars per bedroom, if not four, to the existing 7-11 count that we see historically. If you are telling me that this Commission doesn’t have that power, then we need to go to Town Council and radically revise a lot of different codes around here, because this is just an LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 atrocity for the neighbors, and this growing, creeping change that just destroys the feel and look of the neighborhood can’t be right. CHAIR HUDES: Thank you. I will be asking Staff and Council on that. Yes, Commissioner O’Donnell. COMMISSIONER O'DONNELL: I want to know how the Italian Pines would help your neighbors? JOHN FOX: How it would help them? COMMISSIONER O'DONNELL: Yes. JOHN FOX: Well, it would prevent them from having to see the powerlines that I currently don’t see because I’ve got them blocked from our ground-level view with Italian Pines in our yard. COMMISSIONER O'DONNELL: The powerlines are unrelated to this project, correct? JOHN FOX: Well, no, they are what they would see but for the erection of the pines, and also, they don’t have to see me getting into my hot tub every day, which I now use for medicinal reasons; it’s not a toy anymore. But the other thing is they’re going to need to put a lot of trees in. That’s why Tony has suggested some trees, because they’re taking out a lot of trees to back that house up another 30-40’ or whatever it is, and they’re going to take out some gardens and trees. They need to plant trees as it LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 is. They’re proposing trees that don’t have any full body, you can see through them, and they’re not contiguous. There are going to be big spaces between them, because they need those for their decoration of their back yard, which has beautiful gardens, as I said, so I don’t think it deteriorates anything. The only concern I have heard from the owner is that she wants to see the hill to the south of us; the trees that I’m talking about won’t interfere with that. Remember, they’re putting in an English basement, so they’re 3-4’ up, and then you start the first floor, so they’re starting their second floor at about the 15’ level. I’ll defer to Staff, who will know precisely, but my rough calculation was about 15’ up, so we were just trying to block the view as they look down into our pit, that’s all, and we don’t think it impacts on them at all. People love Italian Cypresses; they’re all over the place. COMMISSIONER O'DONNELL: Thank you. CHAIR HUDES: Other questions? Okay, thank you, Mr. Fox. JOHN FOX: Thank you. CHAIR HUDES: We now give the Applicant ten minutes to address the Commission. Mr. Jeans, please just state your name and address. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 TONY JEANS: Tony Jeans, PO Box 1518, Los Gatos. CHAIR HUDES: Thank you. Go ahead. TONY JEANS: Mr. Chairman, Commissioners, I’m getting one of the owners to give you a list of the slides in case they don’t show up very well here, so this is just what I’m going to go through briefly. The background: The property was purchases by Wendy and Kathleen about a year ago. There are two buildings: the one on 11 Peralta and the one next door on 15 Peralta; they came together. There are five units, they’re grandfathered in, and they’re difficult to change because of potential loss of housing units. Specifically, the Victorian at 11 Peralta, which is the one that we’re talking about today, is one single-family unit; it has one accessory dwelling unit and one legal nonconforming accessory dwelling unit. That’s how it’s configured now and that’s how it will be configured after we are finished with it. The immediate priority is to remodel the Victorian, keep the three units, and find out what the costs are for Kathleen and Wendy. They plan to live in two of the units. The top two units will be one for Wendy, one for Kathleen, and they rent out the third. They will then LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 rent out the two units in 15 Peralta and sell 15 Peralta if the costs don’t work out during construction. We plan to request a lot line adjustment to reconfigure the two properties—that’s a separate application—and put in better garages at the rear, again, if the dollars are okay and also consistent with sequencing, because we need to access the property from the rear during construction, so some of what we do at the rear we can’t do until the construction on the Victorian is done. There was a significant amount of neighborhood outreach that initially started. We talked to neighbors, we incorporated neighbor input into the plans, specifically the tree, which we were planning on removing when Mr. Fox objected; we said okay, we’ll keep the tree. We agreed to move the house 3’ farther away from his property so as to be less of a privacy concern for him. We initially had parking in the application. We were asked my Planning to remove the parking from the application, because that would be a separate application and has nothing to do with the Minor Residential Development Application. You can ask me questions about parking later and I will answer them. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 We tried to accommodate requests from the Foxes at 9 Peralta. There was a list of 14 requests; you have them in your packet. We could not come to a resolution on all of them; we did most. Subsequent steps: We’ve been through to and froing with the Historic Preservation Committee to make window changes, which have all been resolved, and there are members of the HPC here, so if that becomes a question, we can deal with it. I wanted to deal with a couple of things that Mr. Fox mentioned. We said there was an approximately 25- to 33-percent increase in the footprint and the mass. Okay, so let’s look at that. The existing house is shown here, the proposed is shown to the right. If you subtract the footprint to the current footprint you have 170’ more, which is an 11-percent increase, so nothing to do with the 25- to 33-percent that he’s mentioning. As to the bulk which might be considered square footage, the square footage of the existing house is 2,100. It will go to 2,500, approximately 400 square feet of increase, or 20-percent. Four hundred square feet, the equivalent of a two-car garage, that’s what we’re planning on adding to this, so there’s no major 25- to 33-percent addition that Mr. Fox is mentioning. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 Also, note that the height at the back is lower than the current house, so we’ve tried to reduce that too. I’ll talk a little bit about privacy. This is in the plans, but I want to go through it a little. First of all, this is 9 Peralta, the Fox’s house. This on the left is the remodel addition that we’re doing. We’re proposing a patio at this level and a balcony at that level. First of all, note that the balcony is 20’ away from the property line, so if you go up to the edge of the balcony and you peer over to see into the Fox’s property, for whatever reason, you’re 20’ away. If you’re on the patio level the fence blocks the view anyway, so there is no view here, at the main level, of the Fox’s hot tub which is used for medicinal purposes. What we want to do is plant trees that grow to 12’. Twelve feet is the calculation such that at the lowest level Kathleen will have a view of the Santa Cruz Mountains and from the top-level Wendy would not be able to see Mr. Fox in the hot tub. What Mr. Fox has asked for, the trees have changed, is that the trees be, I’m told, varied, but 20-25’ tall, which would be this high, which is totally unnecessary. What we have come up with is something that provides privacy. If we were to agree to plant cypresses, LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 which I do not have the owner’s permission to do, I would say we’re going to cut them off at 12’ to retain the privacy in both directions and the view. So, if that is acceptable to Mr. Fox so that he cannot be seen when he’s in the hot tub, that’s okay by me. What we had chosen was a different set of trees which are not just a solid wall that are totally impervious to sunlight but a tree that allows filtering of light. You can’t really see through it, but it is much more acceptable in terms of a barrier, more of a large hedge-type tree. I think in terms of what I want to discuss now, that would probably be sufficient. I can talk a little bit about the parking; I’ve got another minute-and-a-half. Originally parking was on the agenda. I submitted a revision of the rear garage, which is currently a massive six-car garage at the back, and the plan is to convert it into a two-car garage and a three-car garage. It has to be done very delicately, because of not ending up with technical demolition, the rules that would then require the relocation of the garages to a different location, but it can be done. But with all our access, having to come from the back, that can’t happen, at least the three-car garage can’t happen, until the access, the going in and out with grading equipment, with construction equipment, etc., is complete. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 We have no objections to the garages at all, they’re just not part of the application, because it was suggested by Staff that we should not include them in this application, because it’s not part of this application. I think those were the main areas that I wanted to address. I’m a little confused about the three stories above. We’re one story higher, and in reality, if this were higher, it would be more visible. CHAIR HUDES: Thank you, Mr. Jeans. Maybe we have some questions about that, particularly that drawing. Any of the Commissioners have questions? Yes, Commissioner Badame. COMMISSIONER BADAME: Mr. Fox had stated that his primary concern was the privacy issue, so can you just confirm for me, and I think I heard it from your presentation, that if it meant an approval from the Planning Commission, and I don’t know how my fellow commissioners might vote on it, but you’re not willing to compromise on the tree fence being the Italian Cypress, is that what I hear you say? Definitely not? TONY JEANS: We have suggested I think four different options. We’re open to others, but we would prefer them not to be cypress, which we don’t think are LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 appropriate there on a Victorian, and secondly, when they’re grown, they provide an absolute wall that is impervious to light. We’d like something that lets a little bit of a feeling of light through and still obscures the vision aspect of the privacy. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Thank you, Mr. Jeans. Yes, Commissioner O'Donnell. COMMISSIONER O'DONNELL: I heard you state earlier that although you didn’t have your client’s okay, were you to put in the Italian Cypress you would want them not be higher than 12’. In other words, you could cut them off at 12’. Now, forget for the moment that you don’t want an Italian Cypress, I take that to mean whatever is there, if it’s 12’ or less, and I’m not asking you to agree to Italian Cypress, but what you’re saying is you don’t want a barrier there higher than 12’. TONY JEANS: Correct, and I think Mr. Fox is asking for 15-25’, depending on what day of the week it is. COMMISSIONER O'DONNELL: All right, thank you. CHAIR HUDES: Commissioner Tavana. COMMISSIONER TAVANA: Can you comment on the current state of affairs of privacy in the back yard? Do LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 you know what the line of sight is currently to the back yard? Can you see the hot tub currently? TONY JEANS: What you are not seeing on this particular plan is that there is a balcony… First of all, the house is not back here, it is out at the dotted line, and there is a balcony at this level that comes to within 2’ of the property line, so the existing privacy issue is a balcony that is 2’ from the property line, directly there, and then exterior stairs that anyone walking up or down those stairs would have a direct view of the hot tub. There is no screen along this fence line. There are some trees farther in. I don’t know whether the current situation is problematic for Mr. Fox; I’m sure he’s got used to it for the last 20 years or so that he’s lived there. I personally believe that moving the house 3’ farther away at Mr. Fox’s request, which we acceded to, and then moving the balcony from 2’ from the property line to 20’ from the property line, is a significant improvement. You’ve got to remember that the only line of sight of the trees is from this balcony at the rear, so we do want to have the balcony and the patio; it’s fundamental to the enjoyment of the property, and Mr. Fox’s house is the largest house on the street; it’s about 3,200 LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 square feet on a smaller lot and they’re trying to see past it to the Santa Cruz Mountains. CHAIR HUDES: Thank you. Commissioner Janoff. COMMISSIONER JANOFF: Mr. Jeans, regarding the garage, is it currently protected by the Town’s historic structure codes? Is it considered to be an historic structure? TONY JEANS: It’s not considered to be historic, but it is a structure which if it… So, it can be modified, can be changed. I have plans already drawn up fully all the way through, structural drawings and engineering, to create a two-car garage and a three-car garage on those lots in a clever way so that it will not be a technical demolition, which would require it to be (inaudible). COMMISSIONER JANOFF: I don’t need those details, just was curious about the historic status. Thank you. TONY JEANS: Not historic. CHAIR HUDES: Thank you. Commissioner Hanssen. VICE CHAIR HANSSEN: I wanted to refer to your privacy drawing again. Have you shared this with the Appellant, Mr. Fox? TONY JEANS: Yeah, it’s on the plans. VICE CHAIR HANSSEN: And did you discuss it with him? Because, I mean, based on the view that you told us, LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 and the lines of sight, it sounds reasonable, but I didn’t know what discussions you’ve had with the Foxes about that and whether or not they could accept that. TONY JEANS: I think by the time we got to that point in the dialogue we were no longer communicating rationally. Like I said, there was a list of 14 questions that the Foxes had asked us to do, and they’re listed in your packet, and this was one of them. Our solution to that was to plant the trees. We went into our property, the owners and I, and John and Donna, and we walked up to all of our windows and looked down and said, “Well, how about if we plant a larger tree here?” which is shown on the plans, so that trees that are called out on the plan were trees which at one stage John and Donna had said they would be somewhat okay with, but then we couldn’t reach a resolution on the remaining items, and we’re now here. VICE CHAIR HANSSEN: But it’s your position that because of moving the house 3’, and because of the relocation of the balcony farther back into the property towards the north that that, in combination with the 12’ trees, would mitigate the privacy issues, that’s your position? TONY JEANS: I’m a mathematician, so when I look at this I cannot see, with a reasonable hedge-type screen LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 here, how anyone on either of those two locations can see that hot tub. This person clearly can’t. Even with the fence there they would not be able to see the hot tub at the balcony level up here, which has been relocated from here, where you could see down diagonally. You can’t see there; it’s mathematically not possible. VICE CHAIR HANSSEN: You answered my question, thank you. CHAIR HUDES: I have a follow up on the privacy, while we’re talking about that. That drawing, you said that’s in the plans. Where is that in the plans? TONY JEANS: The top left-hand corner on Sheet 2, up there. CHAIR HUDES: That’s a different drawing that doesn’t show figures. TONY JEANS: It shows the eyeball looking down as opposed to the stick figure. CHAIR HUDES: It’s not that drawing though. This is new, correct? I actually saw this drawing at Historic Preservation, but it’s never entered into the plans or anything that the Planning Commission has seen. TONY JEANS: I think that the drawing at the top left-hand corner has actually what I have, an eyeball. I LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 don’t have a figure, I have an eyeball. I have that line, I have an eyeball, that line; it has this, it has that. CHAIR HUDES: It would be helpful to have this drawing before the Planning Commission, particularly interest in the scale of the trees that are drawn there. It looks like you have two different heights of trees. It looks like the second height is about 24’ and the third height is probably 28-30’ tall? TONY JEANS: I think that was 20’ and that is 25’, based on the original request of the Foxes as to the height of trees that they wanted. CHAIR HUDES: And the green tree on the bottom, is that 10’, or is that 12’, what is that? TONY JEANS: I have drawn it at 10’, but we’ve said 12’. It’s probably 11’. This is a 6’ high fence accurately drawn. I’ve said to block that view, if we do trees to 12’ it should absolutely screen everyone. CHAIR HUDES: And is that a drawing that you can make available to the Planning Commission? TONY JEANS: It’s in the packet that I just gave you that you have a series of… Every slide that I put out, you have that. CHAIR HUDES: Yes, right. Okay. You just submitted that, thank you. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 TONY JEANS: So hopefully you can look at that and see it more clearly. CHAIR HUDES: Thank you. Commissioner O'Donnell. COMMISSIONER O'DONNELL: On the parking issue, it’s my understanding that you’re not asking for any change in the garages before us, that in fact Staff and I believe you believe that without touching the garage, and with the additions you proposed, you will meet the Town’s requirement on parking? TONY JEANS: More than meet it is what I’ve been told. COMMISSIONER O'DONNELL: This discussion of what you might do with the garage is all very interesting, but it is not required by the code, is that right? TONY JEANS: Correct, correct. COMMISSIONER O'DONNELL: Thank you. CHAIR HUDES: Okay, thank you. Other questions? Okay, so we’re now going to open the public portion of the hearing and take public comment. I have several cards here. If someone else would like to speak, please put a card in. My first speaker will be Ed Winn on Peralta. ED WINN: My name is Ed Winn; I live at 20 Peralta, which is directly across the street from the project. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 You got a letter I think in your file from Laurie Jones, who is my next-door neighbor, dated January 17th, where she lists some objections she had, both specifically the parking and the tree in front of the house. I wanted to speak specifically about the parking, but certainly supporting what Laurie said in that letter, which is quite accurate. The parking has been an ongoing problem as long as I’ve lived there, which is like 12 years now. I have sympathy for the tenants; they have to park in the street because the garages are completely inadequate; they’re unusable. If you go back there and look inside one, you can’t put a car in there and get out of any reasonable sized car. So, the tenants are forced to park in front, and so Peralta Avenue, this nice neighborhood street, becomes a parking lot. It’s not the tenants’ fault, but the owners I really think need to do something to fix the problem; it ruins the street. From my personal standpoint, many times I can’t have a guest park in front of my house; it’s taken. They will park there for several days at a time. Just this last weekend there was a guy there for four days in a row, and that’s not the way it should be on a nice suburban street. I can’t put my garage cans out sometimes to the curb, LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 because there’s no curb available. And it’s going to get worse, it appears. Now, what I would like to see Tony do, and I don’t care if it’s phase one or phase two, but some commitment that those garages are going to be made usable for the tenants. Right now, I think it’s very mushy as to whether anything will ever get done, and so I ask that sometime there’s some stipulation that says we have to have usable, accessible parking. Thank you. CHAIR HUDES: Thank you, Mr. Winn. Any Questions? Yes, Commissioner O'Donnell. If you could stay up, please, Mr. Winn. COMMISSIONER O'DONNELL: One question. There are presently six garages, and I’ve been told by all of you, I think, that perhaps the garages are too small. We’ve also been told by the Staff as to what the requirements are for parking, but that aside, would you be satisfied with four garages that were the right size? ED WINN: Yes. COMMISSIONER O'DONNELL: Thank you. CHAIR HUDES: Thank you. Next speaker, Fellow Stearns. FELLOW STEARNS: My name is Fellow Stearns, 37 Peralta. I’m three houses down from the project, and I look LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 in my back yard every day and see the story poles of where Kathleen’s beautiful view of the mountains are going to be. At the same time, they’re cutting off my view of the mountains. I want to reiterate what Ed just said about the garages. I really wish that was part of this original permit, because we, too, never can park in front of our own house, and I’m three houses down from this project. I don’t understand what the developer said about why you couldn’t change the garage configuration before. How is it going to be different if you have to have access to get to the back with the structure already there? So, I really wish you’d put a hook into getting those garages, because that’s a real problem for us. I really do object to the mass, because I enjoy looking at the mountains myself, and that will be cut off by quite a bit. Thank you. CHAIR HUDES: Thank you. Any Questions? Next speaker, Mr. Art Monk. ART MONK: Mr. Chairman and Madam Vice Chair, Honorable Commissioners, my name is Art Monk. For 15 years my wife and I have lived at 33 Peralta on the northern boundary of the merged lot known as 11 and 15 Peralta. You LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 have copies of my remarks handed to you. There are two pages of remarks and there are two pages of exhibits. These two parcels form a merged lot under Town Code 29.10.070 due to the common ownership of them, and you’ll see that code in your handout. I note that both parcels have sold simultaneously on two occasions in the last 15 years to identical new owners. Such events likely void the Certificate of Compliance on the property that was filed in 2000. We believe the Town therefore must consider issues concerning the entire merged lot and not just applications directed to the individual parcel. The implications of this will be discussed in a moment. We are not opposed to the proposed present renovation project. I’ll leave a little bit of air there. We are not opposed to the renovation project. We have a few concerns that we have discussed with the owner and wanted the Planning Commission to be aware of them. Trees. I was in Erin’s office talking about that tree about an hour-and-a-half after the first story pole went up. We are concerned about the potential loss of the Coast Live Oak labeled #476 on the arborist plan, which is located at the southeast corner of the property, and the impact such a loss would have on the look of the west side of Peralta. Please note that no statement of instability LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 appears in the arborist report for #476, and it is the only Coast Live Oak on the property indicated as being in “good condition.” All other live oaks on the property are indicated as being “fair condition.” The owners have committed to implementing the recommendations of the Town Arborist. We are skeptical that these recommendations are sufficient to protect the tree from attack by those who wish it removed, as initially written into the building plans, since there have been instances in the neighborhood when trees oddly became diseased and had to be removed six months after a removal permit was denied. On November 27th the planner of this project wrote to the neighborhood that, “It is uncertain whether the oak tree at the front of the property will survive. The tree is massive and could cause a great deal of damage if it falls.” So, this statement really is an attempt to ameliorate the future loss of the tree. We want the loss of the tree prevented, and all efforts should be made towards that. In terms of parking, the parking problems on Peralta have been exacerbated by the tenants of the merged lot not using the garages, and the owners admit the garages LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 do not meet code and that they’re almost unusable for the width of cars in use today. I’ll end my remarks there. I have more things to say, but you have my written comments. CHAIR HUDES: Thank you, Mr. Monk. Do we have questions from Commissioners? Commissioner Janoff. COMMISSIONER JANOFF: Just a clarification. You said that the letter from the planner states this oak tree was potentially unstable. ART MONK: No, it did not say that. COMMISSIONER JANOFF: I misunderstood you. Could you clarify that? ART MONK: I will read that quote to you again. COMMISSIONER JANOFF: And who is it that you’re quoting? ART MONK: (Inaudible). COMMISSIONER JANOFF: Oh, I see. ART MONK: And the letter was distributed around the neighborhood and it said, “It is uncertain whether the oak tree at the front of the property will survive. The tree is massive and could cause a great deal of damage if it falls.” You could say that about any tree that’s around us here. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 COMMISSIONER JANOFF: My question was who are you quoting? ART MONK: Yeah, (inaudible). COMMISSIONER JANOFF: Thank you. CHAIR HUDES: Commissioner Tavana. COMMISSIONER TAVANA: If you don’t mind me asking, I’ve driven up and down Peralta and you’re talking about parking is a concern of yours. I’m curious, where do you park your vehicle? Are they on the street themselves? ART MONK: We have a 420 square foot two-car garage; it has two cars in it, and that’s where we park. COMMISSIONER TAVANA: Great, thank you. ART MONK: Great question. CHAIR HUDES: I have a follow up question on the parking as well. What is your suggested remedy? You were able to express a concern, but I didn’t hear what you might suggest as a remedy for that situation. ART MONK: We think that the garages should be addressed immediately before the work is done on the renovation so that they might even store materials in those garages during the renovation, but at least we’re not stuck with the problem of doing the garages after people have moved into the units and they then have to park all their cars on the street while the garages are being built, etc. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 CHAIR HUDES: Okay, thank you; that’s helpful. And the reason I ask, I know you’ve provided it to us in writing, but it’s come after our deadline for Desk Items, so we really can only place the weight on what you submitted given the amount of time that we’ve had to absorb it, so thank you for clarifying in your remarks. ART MONK: You’re quite welcome. The exhibits are there regarding the lot mergers as well as requirements for parking. CHAIR HUDES: Okay, thank you very much. Next speaker is Lee Quintana. LEE QUINTANA: Lee Quintana, 5 Palm Avenue. I think you’ve read my initial letter where I had concerns about the windows and also about the mass of the second- floor trellis. I think that both of those issues have been resolved at the Historic Preservation Committee. I might also add, since I’m the only one who is speaking who doesn’t live on Peralta, that I am within the notice area for this particular project. I’m just going to make some comments in no particular order, as I was taking notes. I’d like to say that I’m in a strange position, because I’m usually up here objecting to a project of Tony Jeans’, and I’m supporting this project as it’s been LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 modified, because I think it meets all the requirements of the Town. It meets the Town’s obligation for ADUs, and it is not requesting any changes now to a nonconforming legal structure, the garage; it maintains the ADUs. In fact, it doesn’t even use up all the FAR on the lot, even though for ADUs you can actually go over the appropriate ADR for a single-family home by 10-percent; they’re not asking to do that. I think the Applicant has been extremely generous in agreeing to move the house 3’ farther from the property line, and certainly the removal of that horrendous outside staircase is a big improvement. As to the privacy issue, as Mr. Jeans’ illustration noted, the balcony is sunk into the roof forms, so if you’re sitting on the balcony you’re not going to see over the balcony and down into another yard, you’re just going to see out straight or up. Most people don’t spend their time on their balcony at the very edge of it staring down, and even if they did, from my own experience, my house is about 20’ back from my neighbor’s house. My bathroom window looks out/down. If I stand at that window and look across into my neighbor’s lot, I cannot see their patio or any of their back yard. I don’t think this is a real issue. I think this is a real improvement to the lot; it really improves its historic preservation aspects. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 Cypresses I do not think are appropriate, and not everybody loves them. I have one that was planted by my telephone pole; I hate it. They cannot be topped; that ruins the tree. CHAIR HUDES: Thank you, Ms. Quintana. Maybe we have some questions. Yes, Commissioner Badame. COMMISSIONER BADAME: A view of the mountains is highly prized in Los Gatos, so for the Applicant this would be a new view for her, because she doesn’t have an existing one with the balcony; the balcony would create a new opportunity for her to view the mountains. But at the same time, it would take away an existing view for Mr. Stearns, who also takes great pride in viewing the mountains. Do you have any thought process on how we balance that? LEE QUINTANA: My impression is it wasn’t the balcony that was taking away his view, but it was the building itself; that’s number one. Number two, unfortunately views are not guaranteed unless it’s a public view, and from experience I’ve had the same kind of issues come up from houses that were across the street from me in two directions that were like 600-700 square feet that morphed into 3,500-4,000 square foot houses and that blocked my view of the hills, but that was not necessarily taken into consideration, because it was a private view. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 CHAIR HUDES: Thank you. COMMISSIONER BADAME: Thank you for your input. CHAIR HUDES: Okay, thank you. I have one more speaker, Belinda Milford. BELINDA MILFORD: My name is Belinda Milford; I’m a neighbor on Manzanita Avenue and I walk the neighborhood often. I guess I don’t have anything new to add, but I’d just like to add my voice to objection to the plan in terms of the mass of the building and the parking problem. If extra bedrooms are being added there will be more tenants and more cars on the street. I don’t think we want to turn that beautiful historic street into a parking lot, and the mass of the building proposed would also do that. Thanks. CHAIR HUDES: Thank you. Any questions? Okay, thank you. That’s the last card that I have, so at this point we will now call the Applicant back to make further comments. You have five minutes, Mr. Jeans. TONY JEANS: Thank you. Firstly, the view issue from the neighbor at 37 Peralta, he’s actually three homes down the street. The relative portion of view of the Santa Cruz Mountains that we blocked would be infinitesimal based on the view from his street out at the Santa Cruz Mountains. So, you’re just taking away a very small part LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 that he is looking at beyond 33 Peralta, which is next door, and then 15 Peralta. Let me deal with something that I thought was a little upsetting. This is a very poor picture, I have a much better one, of Mr. Fox’s property. As you can see, his focus is totally away from the house behind, which is my client’s property. Yes, there are a few windows that look there, but his lifestyle, his focus, is not looking back at the house next door, it’s looking away from it. Secondly, as I said before, he has the largest house on the street. There are the story poles that you can see sneaking out behind, and the owner of 37 Peralta, who lives three houses farther behind, is not going to have a wide angle destroyed. I’m going to assume something, because I don't know if you have the PowerPoint presentation in your packets that Mr. Fox had. This is one of the pictures from it. So, this photograph, which was handed out in the packet, and it’s one of the pictures that Mr. Fox says he looks out at, I looked at that and I said I don’t remember that when I go out there. So, I looked at it seriously, and then I said I also don’t remember the hot tub being quite like that. So, I went out and I measured the height of these fence posts at 6’. I measured the distance between LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 these fence posts as 6’, 8’ on the longer ones, and I can see that this has been stretched out dramatically. So, if Mr. Fox shows his PowerPoint presentation, please be aware that this is reality, and that is not what he sees. I don’t want you to be confused when Mr. Fox comes up, if he does his PowerPoint presentation, and shows you all these pictures of looking up at the back yard. It’s a very small portion of view that is being interrupted. There is my photograph where it is, and I just shocked when I saw it. Getting back to one point. Actually, I’ll address the tree first. The comment about the tree perhaps not surviving is in the arborist report; it did not come from me. If Erin would find you the appropriate page in the arborist report, I quoted what the arborist said, and he said the tree may not survive construction even though we have moved the house 3’ farther away, which will help, and you do not know on the other side of the tree is a 4’ vertical wall, so there are no roots growing in that direction, so it’s precarious and he was concerned about it, as it’s shown in the arborist report. I have three seconds, so I’ll just finish there. CHAIR HUDES: Perhaps we have some questions. Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 VICE CHAIR HANSSEN: I wanted to go back to the parking issue. Although legally there is no parking issue because of the way our Town Code is, there’s an issue with the neighbors, so I’d just like to understand. In your original presentation it was sort of along the lines of well, if there’s still money available after everything else is done, then maybe we’ll do something about this. But the issue that will persist after this renovation is done, if it’s approved, is that there is going to be this ongoing parking issue. There are more likely to be more cars parking on the street, and so there’s going to be a lot of ill will with the neighbors. What is your relative confidence that something will be done to address the parking? There’s a plan conceptually, but it depends on how things go. TONY JEANS: A remodel of this magnitude is very difficult to determine how much it’s going to cost. I’m not building this house; Kathleen is employing someone to build it. I do not know where she is on budget. I know that a lot of costs of construction have gone up dramatically in the last 12 months. She has a budget that she’s trying to stick to. I do know that the garages are usable but very difficult to use. The interior dimension of the width of LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 the garages are 9’-9”. The Town standard for a single garage is now 11’; it used to be 10’ way back when. The garage doors, I believe, are 9’ wide to give people room to turn around and try to reverse in or go in forwards. Yes, people have dinged the side. At the moment I’m told by Wendy that there are five cars that are currently from people who live at the house. Wendy and Kathleen, when they move in as owners, remember, you’re going to have a different situation than you have when you have five tenants, or five units all occupied by tenants. You’ll have a landlord who is living on the premises, the owner, and I think you’ll end up with a better situation. I would really like there to be money left over. Kathleen has already paid me and a structural engineer to do all the necessary work to create the plans for the garages. That is all done, so it’s simply a case of can we build them now? Probably not, because of access, and because Kathleen wants to have five garages, not four, because she wants one per unit, so that if you have three units in the Victorian and two on the other, she’d like a two-car garage on 15 Peralta and a three-car garage on 11 Peralta, but I don't know if that will happen the day the LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 work is completed on the Victorian; that’s beyond my purview. VICE CHAIR HANSSEN: I totally understand, and that’s probably more a question for the owners, but what I heard you say is—and tell me if I missed anything—it sounded like the plans exist, it’s just not certain what the cost of the construction will be, but you also said that the owners will be moving into the building, which they’re going to have more skin in the game, if you will, as to this situation, because they’ll be living at the place. TONY JEANS: Right, and the plans are at such a level that I could submit them tomorrow to Building, but we can’t do that, because we are required to have access. VICE CHAIR HANSSEN: You answered that, so I’m good. Thank you. CHAIR HUDES: Commissioner O'Donnell. COMMISSIONER O'DONNELL: This is sort of a dual question I think I should ask the Staff first, because we’re talking about parking and I’m not exactly sure what we can do about parking today, and I’d like to know. As I understand it, we don’t have before us now anything that we can do to change the parking. If that’s LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 incorrect, or there’s something we can do, I’d like to know what it is. JOEL PAULSON: That is accurate. They don’t have anything proposing to modify the parking situation as it currently exists, so a couple of points of clarification. The three units now, and in future if this project is approved, only require two parking spots pursuant to your code. COMMISSIONER O'DONNELL: For how many units? JOEL PAULSON: For all three of those units. The Town also does not require a garage. The Town also cannot require them, even if they have a garage, to park in their garage. So, there are a number of issues that may or may not be resolved moving forward, and so that’s the current Town Code, and that’s all over Town. We also have nonconforming garages all over Town, and people modify their homes and make improvements and we don’t have the ability to make them modify that to bring it up to current code. COMMISSIONER O'DONNELL: Let me just follow up, then. Do I understand correctly, we could not impose as a condition doing something with the garages to have, for example, five bigger garages out of the six existing garages? LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 JOEL PAULSON: The site before you is only one of the parcels, so that would be a difficult stretch to make that requirement, because you’d be not only requiring spaces on this parcel, but on the adjacent parcel that’s not before you this evening. COMMISSIONER O'DONNELL: Well, okay, but I want to get that clear. Some portion of the six relates to this parcel? JOEL PAULSON: Absolutely. COMMISSIONER O'DONNELL: So, what is it, three? JOEL PAULSON: Three. TONY JEANS: Three-and-a-half. COMMISSIONER O'DONNELL: I’m trying to get to the jurisdictional issue. If we could say well this is great, we can only deal with three, let’s impose the condition that those three be sized—it seems to me to lose one space— so that your tenants could get in more easily and get out more easily, you’re saying we could do that? JOEL PAULSON: No, because you have an existing legal nonconforming situation; you can’t make them modify that. COMMISSIONER O'DONNELL: That’s what I thought. So, I’ll go back to Tony now just for a second. You were saying that money aside, your client—again, money aside— LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 wants to go ahead and make the changes, but one, we can’t impose that condition on you—we just heard that—and two, you’re not sure your client can do it until she ascertains the cost of the initial project, is that correct? In other words, you can’t volunteer today, notwithstanding what we can do, to say look, I’ll solve this problem by agreeing to do it? And we’ll deal with whether that’s enforceable in a moment. TONY JEANS: There is a condition that you might be able to put on this, and that would be that before final occupancy of the Victorian, the remodeled, all the work gone on, Victorian, before final occupancy, a building permit be obtained for the three-car garage portion on this lot, because we can’t deal with the other lot separately, I’m understanding, and that would be acceptable to the owner. COMMISSIONER O'DONNELL: But of those three, and I’m… TONY JEANS: They would be full-size garages. COMMISSIONER O'DONNELL: You’re taking the existing three, which are not full-sized, and magically making them three full-size. How do you do that? TONY JEANS: I add 6’ to the length and turn them into 12’ long… LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 COMMISSIONER O'DONNELL: But that would have to be approved by the Town? TONY JEANS: That would have to be approved. I have already drawn up the plans for the approval of that; not just the planning set, but also the structural engineering plans, and that could be done. COMMISSIONER O'DONNELL: This will probably involve both Staff and the attorney. I don’t see how we can impose that condition; however, I wonder if we can make it part of the record that the Applicant has made this statement of what he intends to do? What the value of this is, I don't know, but it least it’s of record, it’s what is said, and as near as I can tell that’s about the best we can do on the parking, and that’s more than we could do but for the voluntary nature of that offer. JOEL PAULSON: I would look to the Applicant to confirm. My understanding is that this is what he’s offering to do as a Condition of Approval irrespective of whether we can require it or not. So, this is an offering by the Applicant to do this, so if he’s willing to accept that condition then you are more than free to add that condition. COMMISSIONER O'DONNELL: Okay. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 JOEL PAULSON: I will say that currently they are not only nonconforming as to width, but they’re also nonconforming to depth, so I’m not sure how he’s going accommodate that. COMMISSIONER O'DONNELL: Well, if I were he I would make some more specific offer, i.e. as to the width and the depth, but if you’re prepared to do something like that, I’d like to hear it. TONY JEANS: I do not believe that the depth is an issue. The interior requirement I believe is 20’ on depth. We actually have 19’-6” on the inside; we would stay at 19’-6”. Most cars are up to 16’ in length. You’ve got room to park. The real issue there is width, and what I’m proposing is a 9’ wide garage door with 12’ bays to give people plenty of room to pull their car in—cars are typically 7’ wide—and open their doors, get out. This is planned for that lot. COMMISSIONER O'DONNELL: So, are you prepared to make that then a condition of any approval that you might get this evening? TONY JEANS: Yes. You’ve got to remember that the two owners are living there anyway, so they want nice garages; they want to be able to park their car. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 COMMISSIONER O'DONNELL: If you’re prepared to do it, then fine, we’ll keep that in mind when we make a decision here. Thank you very much. TONY JEANS: Okay. CHAIR HUDES: Just as a follow up to that. Is that a condition, that offering, to file a permit or to build the garages? TONY JEANS: I don’t know how long it’s going to take to do the work for building the garage. I don’t want them to not be able to move into the Victorian because the garage isn’t yet final, so my suggestion is that they come in, they spend their money, they pay for the permit, they get things underway, but I don’t think… It’s technically very difficult because of the non-technical demolition requirement on those garages, so it has to be done incredibly carefully or all of a sudden, they go away, and you can’t put them back. So, my offer is to pull the permit and get everything ready. That’s as much as I can do. I’m not the builder, I’m not the owner, but the owner said yes, they’ll do that. CHAIR HUDES: Thank you. Commissioner O'Donnell. COMMISSIONER O'DONNELL: Implicit in that is not only that you will pull the permit, but that you will—an old word was forthwith—start and complete construction, LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 subject however to the approval of the Town of the plans which are submitted. TONY JEANS: I’m okay with that. COMMISSIONER O'DONNELL: That way it’s just not going to be out there forever. TONY JEANS: That’s all right. CHAIR HUDES: Thank you. Commissioner Janoff. COMMISSIONER JANOFF: I’m confused about the technical demolition concern that Mr. Jeans is commenting on, specifically since we’ve heard that a garage is not required. Can you comment, Mr. Paulson, on whether the structure could be removed before building anything in order to provide access for building materials or open-air parking? I’m confused where the technical demolition relates to this structure. JOEL PAULSON: A technical demolition does relate to this structure if you want to leave some of it and not have to go through a subsequent discretionary review. If, for instance, he wants to demolish this entire structure, the three on the one side and the two on the other, then he would, for the three for sure, be over 450 square feet, so he’d have to come through for a Minor Residential Application for a detached accessory structure more than 450 square feet, so he would have to go through a LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 subsequent discretionary review. Now, if he came in and just wanted to take three-and-a-half of them off and leave the other on the other lot, that is possible and that would not require anything other than a demolition permit for the portion he’s tearing down. COMMISSIONER JANOFF: Thank you. CHAIR HUDES: Thank you. And a reminder, we’ll have opportunity to ask questions of Staff in deliberations. Any more questions for Mr. Jeans? I had one, and this comes back to some concerns that the neighbor raised in his first statement. He said that the addition rises a story above the existing home at 9 Peralta, and so I wanted to understand how that is happening. So, is the height of 11 Peralta changing in a way that it’s another story above what exists, an additional story above what exists? TONY JEANS: No, the addition that we are doing is going to be 2’ lower than the building that is currently there. When it’s moved it’s not being elevated; it is staying at the same level. I think what Mr. Fox is trying to get you to believe is that this, because it’s at a lower level, is one or two stories higher than his house. I’m confused as to that. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 HUDES: Okay, thank you. That’s helpful. I was going to ascertain that the height was not going to change when you lifted the house and moved it over. TONY JEANS: That is correct, and it’s shown on the engineering drawings as such. CHAIR HUDES: The other question I had was about the existing staircase and how that relates to the privacy. Today from the existing external staircase is there a sight line to the hot tub at 9 Peralta? TONY JEANS: If you’d turn around and look at the color rendering behind you, you can see the balcony and the stairway coming down, and you can see that anyone going up and down those stairs is going to stare at the hot tub, and anyone on the balcony above is going to be looking at the hot tub, albeit not directly at a 90-degree angle; it’s an oblique angle, but yes, it is. So, the orange one is the orange painted stair that you saw when you went out there, and the little thing in the back yard is the hot tub, and the stairs you see as you go up and down. CHAIR HUDES: That answers my question, thank you. Any other questions for Mr. Jeans? Okay, Mr. Fox, would you please come up. You have five minutes plus questions for your comments and discussion. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 JOHN FOX: Very good. Thank you. Let me just give a potpourri of responses here. I don’t want anybody on this panel to think that Mr. Jeans or the Applicant were accommodating to us in any way. We asked for a number of things. What did occur were things that were mutually beneficial to the Applicant and to us or were differentially only of benefit to them. I did not request that the house be moved 3’ back; that’s just wrong. Tony Jeans approached us and suggested he was going to move it back three feet. My suggestion was no, you ought to knock down the cottage and resituate the house in the middle of the property; that was the only thing I said about moving it. We never suggested a 3’ move. He did that for his own parochial, private reasons before we ever knew about the project. That was the first thing he told us on day one. Let’s talk about the access. He’s going to have access. He says he can’t knock down the garages or touch them, because he needs access. That’s false. There’s about a 12’ dead area to the south of the garages. That’s how he has told me, and in my presence told his client, that the contractor he told me he had hired was going to access the property, which was new news to her and to me, and he’s going to not of course take down any garages. So, he could LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 be correcting these garages today without any impact on his access, because he’s going to access it not through the garages but through this 12’ strip of land that exists between his property and the garages. The thing that you ought to know about the garages, too, is this: They have told me flatly, repeatedly, that they cannot afford to build the garages. In talking with the owners themselves and with Mr. Jeans, they told me that they would not give me a guarantee that they would build it within a year of occupying the property, nor would they give me a guarantee that they would do it within five years. They said, “We just don’t know. We can’t afford it.” And that cost problem is getting worse for them apparently, according to what I understood from Ms. Wilson. Mr. Jeans is making it sound as though the Staff forced him not to file a second application for the garages. What Staff told him was you need to technically separate it into two, not that it wasn’t wise or appropriate to fix the garages, as I think he was trying to suggest. Mr. Chair, I agree with you. I’ve never seen that drawing of the sight lines. I don’t trust them. I hired my contractor, I hired my landscaper, to run sight lines to LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 figure out what the height of the trees was. This was not off the cuff. I told them both to assume a 5’-6” point of view, a 6’ person with eyes down a little bit lower, and they came up with 18-20’. My suggestion to Mr. Jeans has consistency been 20-23’. I don't know where the suggestion that we’ve been variable about that came from. We have heard one suggestion of a tree type. We haven’t heard two or three or four; that’s just factually wrong. We did hear that that one tree would be open; it would not block. It was going to be a short tree for decoration; it wasn’t going to be a privacy screen. We’re not locked in on Italian Cypress, we just want something that will block the view of this massive piece of house that’s coming, and to block the sight lines. As to the staircase, somebody walks on the staircase for less than probably three seconds from the areas that you could see from the staircase perhaps twice a day. In my 22 years there I’ve seen somebody on that staircase maybe three dozen times if I’m lucky. This is not somebody sitting on a porch or standing on their porch; they walk up casually here and there. Right now, since 1900 when Julia Morgan built our house to the footprint that it is, the two houses sit with the front door at the same place and the back door is at the same place. He’s pushing LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 out 20-percent more according to him, 25-percent more according to my construction general contractor. Our landscapers just disagree with his sight lines and with his measurements. I don't know if he’s counting from the wall line and not the porch. We were counting from the full width of mass, the beginning of some structure to the end of some structure, and we came up with 25- to 33-percent, depending on which structure you counted. Thank you. CHAIR HUDES: Thank you, Mr. Fox. Do we have questions? No questions. Okay, thank you. JOHN FOX: Thank you so much. CHAIR HUDES: We will now close the public portion of the hearing and we can now move forward to questions of Staff, and discussion of the item at hand. Would anyone like to get the conversation going with some comments, perhaps? Commissioner O'Donnell. COMMISSIONER O'DONNELL: (Inaudible) Staff for a second, but as I understand the report the proposal complies with all of our requirements. In addition to complying with all of our requirements there is an offer here to add a condition which we could not otherwise require relating to the three garages. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 On the other side of that is that although it complies with all of our regulations, and although an offer is made on the parking which we otherwise couldn’t require, there are still some objections to it. I guess the question I would have then is it seems to me the condition on parking could be a good condition if properly framed, but if there are some other things we could do to satisfy… It’s not our obligation to satisfy everyone, it’s our obligation to satisfy what the requirements are. Sometimes we’re able to go a little bit beyond that, so I guess I’m really saying are there some suggestions of what we could do to go beyond, notwithstanding the otherwise satisfaction? CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: Well, to that question, Commissioner O'Donnell, I would ask Staff, one of the remaining concerns was that the Applicant take out a $10,000 tree protection bond. Has that ever been done as a Condition of Approval? How common would that be? JOEL PAULSON: I hate to say ever, because I’ve only been here eighteen-and-a-half years, so I’m not sure what happened before that. What I will say is that our Town Code, the tree protection section, specifically does allow the Town to request or require a bond for trees if we think it’s necessary, so that is something that is possible. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 COMMISSIONER BADAME: So, is it Staff’s opinion that it is not necessary? JOEL PAULSON: From Staff’s opinion currently it’s not necessary, but if that’s something that is important to the Commission, then we can definitely request that bond. The amount, I know Mr. Fox mentioned a number, but we would look at the tree evaluation from the arborist report and then determine a bond from that point. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Commissioner Hanssen. VICE CHAIR HANSSEN: I wanted to ask a question again about the parking. There were a number of comments made about the number of bedrooms potentially increasing, which could lead to more cars, and we don’t have number of bedrooms anywhere in our code tied to the number of parking spaces, correct? ERIN WALTERS: That’s correct. VICE CHAIR HANSSEN: And then just to also reconfirm, the added difficulty we have with this property in particular is that the State of California really encourages us to have more ADUs, and although we’re not adding more ADUs, one of the ways that they’re encouraging ADUs is to reduce the parking requirements if you’re so close to a bus stop, whereas if it was some other structure LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 that didn’t have an ADU there might be a requirement for more parking spots, but there is less because it has ADUs, which are encouraged by the State of California, is that correct? ERIN WALTERS: That’s correct. CHAIR HUDES: Commissioner O'Donnell. COMMISSIONER O'DONNELL: The only kind of bonds I’ve ever seen, not including this tree bond we’re talking about, but typically if I bond something then I have to violate something to cash the bond in. In other words, if you bond something relating to a tree, I assume it means that you won’t do something, or you will act with care in taking care of that tree. Now, if the tree dies from reasons beyond your control, I would assume the bond would not pay off. So, I guess one of the things I have in my mind is if we have no present belief that the tree is under any particular stress because of this, and I say that because we’ve been told now that the report we have says that this construction may cause the tree to suffer, so that apparently is in it. So, I guess the question then becomes if you approve the plans and they do exactly what they said they were doing, and pursuant to the report that does cause stress to the tree and the tree dies, I just find that LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 unusual. You’ve told somebody they can do something, you’ve had them bonded, they do exactly what they said they would do, the tree dies, and now you’re trying to cash in on the bond. I would suggest to you that may be an interesting lawsuit. CHAIR HUDES: Just to follow up on that, is Staff prepared to address that fully tonight, or is that something that Staff would prefer to have some more time to look into, the bondability of the tree? JOEL PAULSON: We don’t need any more time. CHAIR HUDES: Okay, thank you. Commissioner Janoff. COMMISSIONER JANOFF: I’m just wondering if we’re getting a little too precise regarding the requirement or the suggestion that we have a bond. Is there a different way to ensure the viability of the tree that does provide for compensation to replace the tree should construction damage it to the point that it fails? Maybe bond is not the right vehicle, maybe it’s just simply insurance. CHAIR HUDES: Commissioner O'Donnell. COMMISSIONER O'DONNELL: I think that would require further study, because I’ve never heard of that kind of insurance, which doesn’t mean anything, because I’m no insurance expert. Personally, I would think that—yes, we LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 have an insurance expert, I forgot—if we were to put some teeth into the requirements of take care of the tree during construction, and I don't know what that is, but I think we’re on safer ground with that. For example, periodic inspections to see that the tree is indeed being protected, and as you notice in front of this town hall, and you saw the protections that are up against the trees here, that kind of thing, to me, is a positive step, and I would prefer to think that the proper party could design some way to ensure as best we can that that tree is protected. I’d rather do that than look for an insurance policy, because with that sense the insurer would want to know what am I insuring and what happens? That’s very confusing. CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: In the Conditions of Approval, Item 10-B, it does say, “A licensed arborist shall monitor the Coast Live Oak tree identified during demolition construction.” So, the inspection and monitoring are a part of it, but—question to Staff—what happens if the inspecting arborist determines that the tree is being negatively affected? JOEL PAULSON: We’d have to make a determination based on their information as to what next steps would be, whether there’s a remedy to incorporate other measures to LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 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 help the basically continued viability of the tree during the completion of construction or following construction, or if something catastrophic happens, then that would be another path that we would have to go down. COMMISSIONER JANOFF: So, you have recourse beyond… JOEL PAULSON: Absolutely. COMMISSIONER JANOFF: …to address a problem beyond just the monitoring. JOEL PAULSON: Pursuant to the Town Code and the arborist report, as provided. COMMISSIONER JANOFF: Thank you. CHAIR HUDES: If I may, I have a question about an issue that was raised by Mr. Monk. I’ll quote him. “I noted both parcels have sold simultaneously on two occasions in the last 15 years to identical new owners. Such events likely void the Certificate of Compliance on the property that was filed in 2000,” and I believe that that’s the act that caused the two parcels to be merged. He’s suggesting that the Town consider issues concerning the entire merged lots, not just applications directed to an individual parcel. Does the Town Attorney have any opinion about whether those events would void the Certificate of Compliance and whether we must consider the LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 70 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 entire merged lot, and not just applications of an individual parcel? JOEL PAULSON: Before the Deputy Town Attorney, if she has anything to add, we appreciate Mr. Monk’s position. Erin and I actually met with Mr. Monk and discussed this issue. The Town issued a Certificate of Compliance saying there are two legal lots in, I believe, 2001, and so to come back and say that that now would no longer be valid because of property transactions that happened subsequently, we don’t think that that’s based on any legally defensible stance. I’m not sure if the Deputy Town Attorney has any additional comments. LYNNE LAMPROS: Two separate lots can be owned by the same person without it voiding a Certificate of Compliance, if it was stated that they were two separate lots. CHAIR HUDES: Thank you. Commissioner Hanssen. VICE CHAIR HANSSEN: I wanted to kind of make a comment; I didn’t have a question per se. I wanted to note as far as the view is concerned there’s already a condition in the proposed Condition of Approval regarding the privacy landscaping, and then the only thing is whether you agree with the actual plants that are being planted, but that’s in there and there are quite a few other terms in here; LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 71 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 Conditions 11-14 are all related to privacy for the southern neighbor. That being the case, I wanted to make a general comment about the application. I generally support this application. I have some concerns about the parking being followed through on, but legally we can’t do anything about that pursuant to our Town Code, and they actually do meet the requirements of parking even if it doesn’t sound very practical; our hands are tied. I think it was generous on the part of the Applicant to offer to put at least the building permit in place, which is at least somewhat of stake in the ground. It doesn’t mean that they’ll actually go ahead and build it, but if we’re able to add that to the terms and conditions I think it adds a lot to the good faith of the project to follow through on that, and I don’t think the Applicant wants to keep the parking the way it is. And this application does meet all of our Town codes and requirements, so as long as there is something to help address the privacy, there is at least a good faith to address parking, and then we have adequate tree protections, I would support this project. CHAIR HUDES: Thank you. Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 72 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 will make a motion, and assuming it gets a second, we can discuss that. I’ll make a motion that we find that the proposed project is categorically exempt pursuant to the adopted guidelines for the implementation of the California Environmental Quality Act Section 15301. I make the finding that the project complies with the Residential Guidelines, approve the Minor Residential Application MR-18-008 with the Conditions of Approval contained in Exhibit 23 and the development plans attached as Exhibit 5, and add to the conditions that pursuant to the offer of the Applicant that prior to the completion of the project as approved the Applicant will file all necessary applications to take the three existing garages on the subject property and make them into garages which otherwise comply with present requirements, and that action on the pursuance of the permit be done forthwith within a reasonable time. So that would be the motion. CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: I second the motion. CHAIR HUDES: Okay. Before I call the question, I just wanted to make sure that we have thorough discussion of all the items that have been raised, and so I wanted to maybe just come back to the tree and privacy issue. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 73 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 have a hard time dealing with documents that are given to us during the course of the hearing and understanding how they will be implemented or not implemented in the drawing. This particular drawing shows a 10’ tree, according to testimony from Mr. Jeans, so my question is do other people feel that we need to have anything further on the privacy issue, including potentially a scale drawing or a drawing that shows the height of trees that would be required? Commissioner O'Donnell. COMMISSIONER O'DONNELL: Let me make sure I understand. You’re saying if that were attached to make it clear that it’s part of the conditions, that would not in your judgment perhaps be something that should be added? CHAIR HUDES: I’m looking at this and there’s no scale on this drawing. I would really not be comfortable with adding this without scale and documentation of how high the trees would be. COMMISSIONER O'DONNELL: What I’m saying is we’ve had oral testimony as to that, which we could mark up right now, I believe, and then note that as an exhibit, unless you believe we have not gotten adequate testimony as to the heights. In other words, Mr. Jeans as I understand it, told you what he meant by that drawing. LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 74 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 HUDES: He also stated that the trees were 12’, as well, so if this were a part of the record, I would want the record to show that the privacy tree would be of minimum 12’ height. Would the maker of the motion be open to that? COMMISSIONER O'DONNELL: Yes, I would accept that. COMMISSIONER O'DONNELL: Seconder? COMMISSIONER BADAME: I would also accept that as the seconder of the motion. CHAIR HUDES: Thank you. Commissioner Janoff. COMMISSIONER JANOFF: I’d just like to comment that I think that’s very valuable clarification for the Conditions of Approval Item 13, which is tell how large of what’s appropriate, but without some reference to actual number and dimensions it would be hard to ensure that the privacy issues are satisfied on both sides, and I’d just like to comment to that. I think it is as important to the Applicant as it is to the Foxes that adequate privacy is put in place, so I think a solution that is mutually satisfactory is achievable. The other thing I’d like to add, I am in favor of the motion as stated and as amended, however, I would LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 75 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 encourage the Applicant to see whether there is something more creative that could be done regarding the garage spaces in the interim. Anecdotally we’ve heard that the garages spaces are not actually usable, so saying that you have parking spaces onsite is probably technically correct but actually not practically true. There’s possibly an interim solution between leaving the structures as is and unusable and building the brand-new garages at the time that you have the means to do so, including, again to the Community Development Director’s point that a garage is not required. Could be a pad of some sort could be provided so that it provides the two required spaces and more. I think your tenants would appreciate having onsite parking as much as the owner. So, I would just encourage some creative look at what to do to be good neighbors and help to provide the parking so that you can demonstrate to your neighbors, who seem to have a pretty consistent complaint, that you’re trying the best that you can to provide onsite parking. CHAIR HUDES: Before I call the question I’m just going to make another comment that I will be supporting the motion, however, I want folks to understand that there were very legitimate concerns that were raised through this process, that we’re dealing with two properties that are LOS GATOS PLANNING COMMISSION 2/13/2019 Item #2, 11 Peralta Avenue 76 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 magnificent properties that are a very important part of the heritage of Los Gatos, and as such it is very important that we listen to all of the points that were raised and that we ensure that any future construction that goes on will respect the heritage of these properties, and so I appreciate the participation and all of the points that were raised, and I want to thank the community for participating in what seemed maybe like a lot of detail, but this is extraordinarily important as these are just magnificent structures that are very important to the Town. So, with that, I’ll call the question. All in favor? Opposed? The motion passes unanimously. Mr. Paulson, are there appeal rights on this? JOEL PAULSON: There are, thank you, Chair. 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 HUDES: Okay, thank you.