PREPARED BY: Lance Bayer
Special Counsel
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 17
DESK ITEM
DATE: December 17, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof
REMARKS:
Attachment 25 contains public comment received between 11:01 a.m., Monday, December 16, 2024, and 11:00 a.m., Tuesday, December 17, 2024.
Attachments Received with the Staff Report:
1. Aerial View of Subject Property 9/2017
2. Aerial View of Subject Property 5/2018 Showing Grading in Progress
3. Aerial View of Subject Property 8/2018 Showing Completed Paving
4. Aerial View of Subject Property Showing Locations of Structures in Violation
5. Hotpads Internet Posting, Showing Violations
6. Trulia Internet Posting, Showing Violations
7. Realtor.com Internet Posting, Showing Violations
8. Administrative Warning Dated 7/17/2019
9. Administrative Warning (2nd notice) Dated 8/22/2019
10. Application for Grading Permit and Architecture and Site Approval dated 7/9/2021 and Letter of Justification and Project Description Dated 7/8/2021
11. Photos of Town Inspection on 8/24/2021
12. Staff Technical Review Dated 8/24/2021 and 8/25/2021
13. Email from Town Attorney Dated 10/30/2023
14. Updated Letter of Justification Regarding Application Dated 12/13/2023
15. Staff Technical Review Dated 1/31/2024
16. Letter dated 5/22/2024 and Inspection Warrant Dated 5/20/2024 PAGE 2 OF 2
SUBJECT: Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building DATE: December 17, 2024
17. Description and Photos of Site Inspection of Subject Property on May 30, 2024
18. Administrative Warning Dated 7/8/2024
19. Administrative Citation Dated 9/16/2024
20. Property Detail Report
21. Administrative Citation Hearing Request Dated 10/14/2024
22. Letter to Town Community Development Department from Attorney Rogers Joseph Dated 10/14/2024
23. Notice of Appeal Hearing
24. Proposed Resolution
Attachments Received with this Desk Item:
25. Public comment received between 11:01 a.m., Monday, December 16, 2024, and 11:00 a.m., Tuesday, December 17, 2024
Dear Town Councils,
This is Ivy Chang and Scott Watson: the neighbors of the Mr. and Ms. Deffenbaugh in this case.
Town staff have provided a comprehensive investigation report, and we respectfully request the Town Council adopt a resolution (Attachment 24) upholding the administrative citation and imposing costs according to proof. In support of this, we want to highlight the following:
1. In a letter addressed to me in 2017 before the subject construction, Mr. Deffenbaugh said:
“I talked to a architect, and for all practical purposes, he said that getting anything built on my property was going to be a massive undertaking. I can fill you in on the details, but Los Gatos has clamped down on allow us to do stuff with our houses in the hills.” See Exhibit A.
2. 532 cubic yard earthwork
According to Town Civil Engineer Mike Wise’s calculation, after his onsite visit in 2021. There are 532 cubic yard earthwork for asphalt parking area. See Exhibit B.
According to a picture of 2016 March, there is no such wall in front of main house, see Exhibit C, which was found in Los Gatos Library given the main house is registered as historical house.
Further, per Town Code, it is clearly defined 4’ cut and 3’ fill in HDS&G. The evidence shows it is 14’ fill. Can Councils direct staff to confirm what is the resubmitting plan Town is expecting? Are you enforcing fully comply the Town Code to enforcing to cut down to 3’ fill from 14’ fill? or are you ok with as it and only need to pay fine and add engineering to the 14’ wall?
3. Page 559 summarizes the timeline well. On July 9, 2021, the Deffenbaughs submitted an Application for Development Permits; this consisted of a property survey and a 2 page justification letter which verbally described a scope of work.
Staff Technical Review of Aug 24-25, 2021 response included 18 pages of additional information that Deffenbaughs needed to submit for the Town and Santa Clara County Fire review. Applicant did nothing for over 2 years, finally submitting only reedited letter of justification on Dec 13, 2023. Staff Technical Review of Jan 31, 2024 reiterated the deficiencies in the application. Please ask Town Staff how they plan to enforce Town codes in a timely manner and not allow the Deffenbaughs to delay remediation indefinitely.
ATTACHMENT 25
4. Page 677, states “Code enforcement to send a compliance order to resubmit required documents within 60 days or impose fines”. Can Councils’ ask staff to detail the fines to be imposed, and ask staff how to enforce the resubmittal of a completed plan, so this process does not incur another 2 years delay?
5. Also, while staff is waiting for the plan resubmittal, will Town Councils red flag the unpermitted parking area? If no, why not?
6. Drainage – Mudslide
I witnessed the mudslide on Cypress Way in 2023 and it worsened in March 2024.
The mudslide location appears to be the water runoff from the un-permitted parking area, which likely to have caused the mudslide onto Cypress Way. See Exhibit D.
Can Councils direct the staff to prioritize the investigation of the drainage issue because of public safety concern?
7. Town’s Cost
On Page 598, it only shows staff hourly rate. Can Councils direct staff to confirm who should be paying the hourly rate for Town Attorney and Outside Special Counsel Lance Bayer? If it’s not violator, will the town be paying that, which means the town residence is paying it. Please clarify.
Your fair review on this matter is highly appreciated.
Sincerely
Ivy Chang and Scott Watson
EXHIBIT A
12/4/2019 Gmail - Let Me Know When You Are Around
https://mail.google.com/mail/u/0?ik=4d1b2a54ec&view=pt&search=all&permmsgid=msg-f%3A1566754611178377151&simpl=msg-f%3A1566754611178377151 1/1 Scott Watson <[email protected]>
Let Me Know When You Are Around
TE Deffenbaugh <[email protected]> Sun, May 7, 2017 at 9:13 AM To: Scott Watson <[email protected]>
Scott,
I am still trying to figure out what to do with the property line. I wanted to jot down some brainstorming notes, then maybe we can talk when you have time.
I talked to a architect, and for all practical purposes, he said that getting anything built on my property was going to be a massive undertaking. I can fill you in on the details, but Los Gatos has clamped down on allow us to do stuff with our houses in the hills.
However, I would like an easement for both the road and the shed that is on your property because I want to open the road to my lower property and rebuild the shed.
Los Gatos just passed a weed abatement ordinance which I was reading about (basically they signed up for Santa Clara county version) start here.
Maybe I could trade the easement for keeping your weeds down in the easement area.
Alternatively, I was looking at my property appraisal, which I can send you, and additional land on a house is valued at $100K per acre, but because we can't build, I don't see the value in it! However, if you would rather do this, I would be open to it at about this rate.
However, the easement is really the only thing I would like to take care of now because I would like to get going on the road and the shed.
Ted
WATSON000003
EXHIBIT B
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EXHIBIT C
EXHIBIT D