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Minutes - 01-23-13 - PCPlanning Commission Minutes Page 1 January 23, 2013 TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, JANUARY 23, 2013 Chair Charles Erekson called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Charles Erekson, Vice Chair Margaret Smith, Commissioner John Bourgeois, Commissioner Kendra Burch, Commissioner Thomas O'Donnell, Commissioner Marico Sayoc, and Commissioner Joanne Talesfore. Absent: None Others: Town Attorney Judith Propp, Acting Community Development Director Todd Capurso, Acting Assistant Community Development Director Sandy Baily, Acting Principal Planner Joel Paulson, Senior Planner Suzanne Avila, Assistant Civil Engineer Trang Tu-Nguyen, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Marico Sayoc. APPROVAL OF MINUTES OF JANUARY 9, 2013 Motion by Commissioner Thomas O'Donnell and seconded by Vice Chair Margaret Smith to approve meeting minutes of January 9, 2013. Motion carried 7-0. WRITTEN COMMUNICATIONS Chair Charles Erekson noted that there was a desk item for Item #2. REQUESTED CONTINUANCES - Item #1 Senior Planner Suzanne Avila noted that the reason for the requested continuance is that the applicant needed more time to prepare some graphics and exhibits. Planning Commission Minutes Page 2 January 23, 2013 Motion by Commissioner John Bourgeois and seconded by Commissioner Joanne Talesfore to grant continuance of Item #1 (15310 Santella Court (Highlands Lot #12) to February 13, 2013. Motion carried 7-0. SUBCOMMITTEE REPORTS Historic Preservation Committee -- Chair Charles Erekson noted that the committee met this afternoon and elected a Chair and postponed the election of Vice Chair until the February meeting. It also provided feedback on 134 Loma Alta Avenue and identified some potential work items for 2013. VERBAL COMMUNICATIONS (AUDIENCE) - NONE CONSENT CALENDAR - NONE CONTINUED PUBLIC HEARINGS - NONE NEW PUBLIC HEARINGS 1. 15310 Santella Court (Highlands Lot #12) - Architecture and Site Application S-12- 073. Requesting approval to construct a new single-family residence within a Planned Development (Highlands of Los Gatos) on property zoned HR-2½:PD. APN 527-09-021. PROPERTY OWNER/APPLICANT: Davidon Homes. PROJECT PLANNER: Suzanne Avila. Continuance granted to February 13, 2013. See Requested Continuances above. 2. 15928 Union Avenue (Parcel 1) - Architecture and Site Application S-12-039. Requesting approval to construct a new single-family residence on property zoned R-1:8. APN 527-42-080. PROPERTY OWNER: 217 O'Connor LLC. APPLICANT: Tony Jeans, T.H.I.S. Design. PROJECT PLANNER: Suzanne Avila. Chair Charles Erekson opened the public hearing. Senior Planner Suzanne Avila presented the staff report. Commissioner Marico Sayoc • Asked about Exhibit 12 and the reestablishment of subdivision condition #13 noted in the desk item. Senior Planner Suzanne Avila • Commented that when a tree is removed during the nesting season, a survey is required by a qualified biologist. The Elm tree is proposed to be removed with this application and if it is Planning Commission Minutes Page 3 January 23, 2013 removed during the nesting season (January through August) then the survey will need to take place before the tree removal permit is issued. Commissioner John Bourgeois • Asked if it was a condition that Lot #1 be one-story. • Asked why so many houses on Panorama Way and a house on Cambrian View were included in the Neighborhood Compatibility Table. Senior Planner Suzanne Avila • Commented that there was no designation for a one-story home. • Commented that this is the Table that was originally used for the property as a whole and it was not modified. She agreed that the Panorama Way homes are not necessarily relevant but are more for information. Tony Jeans, Applicant, gave a presentation on the proposed project. Commissioner John Bourgeois • Asked about the design and how it fits in with neighborhood compatibility. • Asked about the slope coming down from Blossom Hill Road. Tony Jeans • Commented that the design is a transition between the four older homes that will eventually be remodeled or replaced and the houses to the right which were built as a PD (Planned Development) on a higher ground. The Town's Consulting Architect likes the Spanish Mission design with the tower element and the way the home integrates into the neighborhood. • Commented that the buildings are about the same height coming down from Blossom Hill Road. There is about a six-foot height difference from peak to peak. Vice Chair Margaret Smith • Asked about the sump pump at the back of the lot. • Asked who is responsible for the maintenance of the sump pump. Tony Jeans • Commented that the sump pump has been installed and some of the storm drains have been put in. It is an electric sump pump that will pump the water up through a two inch pipe in heavy rain and discharge into a drainage area which will gravity flow into the storm drain on Union Avenue. There is a float that activates the sump pump when there is a substantial amount of water. It is in place and is functioning, but it has just been installed and some fine tuning may be needed. • Commented that there is a maintenance agreement with a property owner who needs to maintain the pump. If it fails, the water will come out onto Panorama Way and the property owner should be notified. Planning Commission Minutes Page 4 January 23, 2013 Commissioner Joanne Talesfore • Asked about the clerestory window above the garage. • Asked why there is a bump out in the garage width. Tony Jeans • Commented that the clerestory window is not particularly functional but it lets light inside the garage. It does not impact anyone and adds a nice design feature to the house. The clerestory window at the rear of the house brings light into the kitchen. • Commented that the bump out in the garage width allows for a workbench. Stephanie Lynott • Commented that she lives on Union Avenue adjacent to Lots 1, 2 and 3 and that her house is significantly impacted by the winter-fall shadow. • Commented that there is a breakfast nook outside her bathroom window. She asked that the door be changed to a window since her bedroom is across from this door. • Commented that the screen trees do not screen anything. • Asked how there can be screen trees with the drainage issues. Commissioner Margaret Smith • Confirmed that Ms. Lynott's concern is the breakfast nook rather than the dining room. • Asked about the distance to her property. Stephanie Lynott • Confirmed that the distance is about 24 feet in distance but the noise carries horrendously. Commissioner Joanne Talesfore • Asked about screening and if the planting will take place on Ms. Lynott's property or along Lot #1. Stephanie Lynott • Commented that she would be amenable to planting on her side on the back but she is concerned about the roots of the trees. Commissioner Marico Sayoc • Asked about removing the door in the breakfast nook and replacing it with windows. • Asked about the impact of the garage window by the workbench. Stephanie Lynott • Commented that the traffic from a door in the breakfast nook would be a problem. • Commented that the garage window looks directly into the front bedroom window. Thomas Mangano • Commented that he lives on Panorama Way. • Commented on the drainage plan that was approved by the Town Council and the proposed plan commenting that what works on paper does not necessarily work in reality. Planning Commission Minutes Page 5 January 23, 2013 • Commented that planting redwood trees in the eight foot space in the swale will be a problem. The drainage system does not even handle landscape water. The water puddles and comes down towards his house. • Commented that the drainage problem is worse and Panorama Way now has a waterfall. He has water under his house for the first time in eight years due to this development. Vice Chair Margaret Smith • Asked if any of the homes in the neighborhood have French drains. Thomas Mangano • Commented that he put in a French drain when he built his house eight years ago and now he has water under his house. Orv Buesing • Commented that he has lived on Union Avenue for 40 years. • Commented that the six-foot high stucco wall does not meet existing building code standards. He requests that the Commission support the staff's recommendation requiring the applicant to meet Code Sections 23.10.080 and 29.4.030. The six-foot height creates a blind spot creating a safety issue for the residents. • Referred to sound wall discussions from previous Commission meetings. • Commented that the neighborhood feels that they have not been heard. Luis Martinez • Commented that he lives on Leewood Court next door to the house on Lot #1. They are concerned about the trees that have been removed and now have headlights shining into their home. • Commented that they have lost their privacy because of the removal of trees. They would like a taller fence between them and the neighbor. • Commented that the tower could create a lighthouse effect to their house. They have expressed their concerns with the builder. • Commented that they are okay with sound walls. Commissioner Joanne Talesfore • Asked Mr. Martinez about line of sight from their yard. Luis Martinez • Commented that because of the slope, they look directly into the neighbor's property. The six-foot fence is only four feet tall because of the slope. • Commented that the tower will direct light into his property if it is not properly placed. Vice Chair Margaret Smith • Asked about the lights from car headlights. Planning Commission Minutes Page 6 January 23, 2013 Luis Martinez • Commented that he can see cars coming down Union Avenue for about 2-1/2 blocks from his kitchen sink. When he moved in there were trees there, but they are all gone now. He has put in potted plants, but it is not enough. Geoff Mitchell • Commented that he lives on Panorama Way. • Commented that the water issues are being misrepresented by the applicant and that the drainage is not being managed. • Commented that the placement of the wall at 11 feet rather than 15 feet is at the compromise of the existing neighborhood. It should be 15 feet. • Commented that there needs to be a balance here and there have been aggressive exceptions made to the benefit of the developer and the owner. The impact on the existing neighborhood should also be considered and their rights should not be denied. Tony Jeans • Commented that the waterfall shown is coming from Cambrian Way and it will come from that way in any case. Engineering staff and Mr. Grant should look into the sump pump issues but he does not feel it is relevant to this house design. • Referenced Mr. Martinez's request for an eight-foot fence and noted that he is not against it. • Agreed with the request for redwood trees. The trees will screen Mr. Martinez's views as requested. • Commented that they cannot go with a 15-foot setback because they need 25 feet of turnaround. • Commented that they do not need a window at the workbench area and it could be eliminated or raised up higher. • Commented that there is plenty of room for screening trees and does not believe it is reasonable to eliminate the door from the breakfast nook to the yard. Commissioner Marico Sayoc • Asked about the trees on the northern side. Tony Jeans • Commented that they have included screening trees in the plans in all areas requested by the neighbors. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Marico Sayoc • Asked for staff's clarification on the drainage issues. • Asked if the sump pump is undersized and if it should be sized for larger storms. • Asked if the house has been sold and who is responsible for maintaining the sump pump. • Asked about the water under Mr. Mangano's house. Planning Commission Minutes Page 7 January 23, 2013 Assistant Civil Engineer Trang Tu-Nguyen • Commented on the drainage system noting that the recent storms have overwhelmed the current sump pump system. It is working as expected. Without the swale, the water would go into the neighbors' yards. • Commented that pump systems are typically designed for a 10-year event. This pump should be adequate for a normal event, but there may have been an issue with the sump pump. Mr. Grant has been advised and has taken care of the issue. • Confirmed that the house has been sold and noted that Mr. Grant has an agreement with the other two owners to maintain the sump pump. • Commented that she was not aware of recent water under Mr. Mangano's house. This is the first time she has heard about it and she would be happy to work with the neighbors. Commissioner Kendra Burch • Asked if there is a set maintenance schedule for the sump pump. Assistant Civil Engineer Trang Tu-Nguyen • Commented that the maintenance is set on a schedule based on the manufacturer's recommendations. The developer signs an agreement with the Town and the developer is supposed to keep maintenance documents for inspection at any time. Commissioner John Bourgeois • Confirmed that Town Engineering is confident that the design is designed to handle a 10-year event. • Asked how the neighbors should proceed if the drainage system does not work. Assistant Civil Engineer Trang Tu-Nguyen • Commented that homeowners can come to the Town with any drainage issues and the Town will work with the three property owners to work out the solutions. Commissioner Thomas O'Donnell • Asked about the design of the drain. • Asked if the drainage system can be tested for a failure. Assistant Civil Engineer Trang Tu-Nguyen • Commented that the underground system is designed to handle the 10-year storm. The pictures shown are for a storm exceeding a 10-year event and that is why there is water on the surface. The surface water holds there to drain to the sump pump and anything above that will drain out to the street. The swale system shown here is working properly. • Commented that in a normal storm, the water drains directly to the catch basin. The system is designed so that the neighbor does not get excessive water. • Commented that staff can condition the application so that the calculations are revisited and any adjustments are to be made, if necessary, to handle a 10-year event. Planning Commission Minutes Page 8 January 23, 2013 Commissioner Marico Sayoc • Commented that the drainage issue has been there since the very beginning. • Asked if the 10-year design can be upgraded to a 25-year design. Assistant Civil Engineer Trang Tu-Nguyen • Commented that the Town is restricted by the existing storm drain system on Union Avenue. Staff can check with Mr. Grant and ask that it be upgraded if possible. Commissioner Margaret Smith • Asked about the expected start date of Union Avenue improvements. Assistant Civil Engineer Trang Tu-Nguyen • Commented that the work on Union Avenue has been started. Permits were obtained two weeks ago and they are coordinating construction with PG&E to start on Monday. Commissioner John Bourgeois • Asked about the wall setback. Senior Planner Suzanne Avila • Commented that the turnaround is by the garage area. If a wall was allowed to go along the front property line it would have to go between the edge of the driveway and turnaround area and the property line. When you get to the actual driveway area to the street, a six-foot wall would conflict with the line of sight and would have to be lower or be removed. Commissioner Kendra Burch • Asked if the applicant investigated more landscaping or fencing rather than the wall. Senior Planner Suzanne Avila • Commented that the wall has always been part of this application, but it was not on the subdivision plans. Commissioner Joanne Talesfore • Asked for clarification on how wide the shrubs will grow and if they will inhibit line of sight. Senior Planner Suzanne Avila • Commented that a hedge will have to be kept down to three feet in the vision triangle areas. Commissioner Marico Sayoc • Commented that her recommendations are that the windows in the breakfast nook and garage be removed and that the breakfast nook door be replaced with windows, that the tree screening proposed should be a condition, and that the wall in front be pushed back to 15 feet and be lowered to three feet. The drainage issue problems appear to have worsened and she wants to know if the current design is enough to keep the water away from the neighbors. The information does not address that and she does not feel comfortable approving another site design without those issues being addressed. Planning Commission Minutes Page 9 January 23, 2013 Commissioner Thomas O'Donnell • Commented that he questions removing the entire window in the breakfast nook and asked if it could be raised. • Commented that the application can be conditionally approved in part or have Engineering bring back more information. Chair Charles Erekson • Commented that he shares the concerns that have been raised and would prefer some kind of a window in the breakfast nook and that tree screening is important. He would prefer to have no wall in the front of the house to be more compatible with the neighborhood. He also shares the concerns about the drainage and may be uncomfortable conditioning something tonight. Commissioner Margaret Smith • Commented that she is concerned that the homeowner who is responsible for the sump pump is not here tonight and it is unclear how the development of this property will add to the issues. Some screening in front of the home is necessary to avoid headlights shining into bedroom windows. She is not in favor of the wall and does not feel it is necessary. She is not comfortable with not having a solution for the drainage issues. Commissioner Joanne Talesfore • Commented that she shares the concerns about the drainage issues and that it needs to be fixed now before moving forward. She agrees with the 15-foot setback but with landscaping rather than a wall. The tower with all the windows and the lights are bothersome because of the lighthouse effect on the neighbors. She would like to have it reconfigured and redesigned. Motion by Commissioner John Bourgeois and seconded by Commissioner Marico Sayoc to continue Architecture and Site Application S-12-039 to February 27, 2013, with the following direction: 1) Town Engineering staff to give a review of the existing site conditions for drainage and get back to the Commission with further information on the existing and proposed functioning of the drainage system; 2) Language to be added to Condition #6 to address the lighting in the tower element; 3) Condition #8 be modified to specify new tree species as outlined on Sheet C-4; 4) Have the architect determine if the windows on the north side of the building need to be eliminated or raised up for privacy; 5) Replace the door with a window in the breakfast nook; and 6) Setback the wall 15 feet and reduce it in height to three feet. Town Attorney Judith Propp • Asked for clarification on the drainage condition noting that Town staff might recommend that direction be given to the applicant to provide the adequate technical data and respond to any staff inquiries for an inspection and then staff would provide an opinion to the Commission. Commissioner John Bourgeois • Concurred with Ms. Propp regarding the language in the motion for the drainage issue. Planning Commission Minutes Page 10 January 23, 2013 Commissioner Marico Sayoc • Seconded the motion and asked that the person who does the drainage mitigation be present at the next meeting. Chair Charles Erekson • Asked if the wall being set back 15 feet will provide adequate turnaround space. Senior Planner Suzanne Avila • Commented that a 15-foot setback would not be adequate in the garage area unless the wall is three feet high. Commissioner John Bourgeois • Commented that he would amend the motion to keep the wall at 11 feet and drop it to three feet in height. Commissioner Marico Sayoc • Agreed to the motion amendment. Commissioner Kendra Burch • Asked if the applicant could provide other options for the wall that may be more aesthetically pleasing. Commissioner Thomas O'Donnell • Commented that any obstruction of the driveway should be limited to the Town Code. Commissioner John Bourgeois • Commented that he likes the suggestion of additional options to the wall. Commissioner Marico Sayoc • Accepted the suggestion of additional options to the wall. Chair Charles Erekson • Asked staff to confirm the conditions of the motion. Senior Planner Suzanne Avila • Confirmed the conditions of the motion to be: 1) Details of the existing drainage system need to be provided -- staff will do a site visit and analyze technical data provided by the applicant and offer an opinion to the Commission; 2) Condition #6 needs to be tightened regarding downlighting; 3) Condition #8 needs to be modified to specify tree species and locations for new landscaping; 4) On the north side of the building, the two windows will either be eliminated or possibly replaced with high windows at the applicant's discretion; 5) The door off the breakfast nook shall be replaced with a window; 6) The front wall shall be reduced in height to three feet on the 11 foot setback. The applicant needs to provide other options with landscaping, fencing, etc.; 7) The engineer who provides the drainage mitigation needs to be present at the next meeting. Planning Commission Minutes Page 11 January 23, 2013 Motion carried 7-0. CONTINUED OTHER BUSINESS - NONE NEW OTHER BUSINESS 3. Report from Director of Community Development a. Acting Principal Planner Joel Paulson reported that last night the Town Council considered the Affordable Housing Overlay Zone (AHOZ) from the Housing Element. It continued the matter and remanded it back to the General Plan Committee to consider additional sites to look at the possibility of spreading the sites over a greater area throughout the Town. There was some discussion about going back to the original site list with 41 sites as a starting point along with considering other potential options for meeting the Regional Housing Needs Allocation. Commissioner Joanne Talesfore asked if AHOZ will come back to the Planning Commission. Acting Principal Planner Joel Paulson noted that AHOZ will come back to the Commission with a recommendation from the General Plan Committee. The Commission will then make a recommendation to the Town Council. Commissioner John Bourgeois asked if someone will replace Ms. Rooney on the AHOZ project. Acting Principal Planner Joel Paulson commented that AHOZ will be assigned to another staff member upon Ms. Rooney's retirement. b. Acting Principal Planner Joel Paulson reminded the Commissioners that Ms. Rooney's retirement reception is scheduled for Thursday, January 24 at 3:30. 4. Commission Matters a. Commissioner John Bourgeois asked if the Chair has made subcommittee assignments. Chair Charles Erekson reported that Commissioners Bourgeois, Sayoc and Erekson will serve on the General Plan Committee; Commissioners O'Donnell and Burch will serve on the Historic Preservation Committee; Commissioners Smith, Talesfore and Erekson will serve on the Conceptual Development Advisory Committee; and in the event that the Sustainability Committee is activated, Commissioners Bourgeois and Sayoc will serve on that committee. Planning Commission Minutes Page 12 January 23, 2013 b. Chair Charles Erekson provided the Commissioners with some notes and comments on his position as Chair noting that he welcomes feedback. ADJOURNMENT Meeting was adjourned at 9:00 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, January 23, 2013 ___________________________________________ Charles Erekson, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Acting Principal Planner