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Minutes - 03-13-13 - PCPlanning Commission Minutes Page 1 March 13, 2013 TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, MARCH 13, 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, and Commissioner Marico Sayoc. Absent: Commissioner Joanne Talesfore. Others: Town Attorney Judith Propp, Acting Community Development Director Todd Capurso, Assistant Community Development Director Sandy Baily, Principal Planner Joel Paulson, Associate Planner Jennifer Savage, Associate Civil Engineer Maziar Bozorginia, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Thomas O'Donnell. APPROVAL OF MINUTES OF FEBRUARY 27, 2013 Motion by Commissioner Marico Sayoc and seconded by Commissioner John Bourgeois to approve meeting minutes of February 27, 2013. Motion carried 6-0 with Commissioner Joanne Talesfore absent. WRITTEN COMMUNICATIONS Chair Charles Erekson commented that there is a desk item for Item #2 and Item #3. REQUESTED CONTINUANCES - ITEM #1 AND ITEM #3 Motion by Vice Chair Margaret Smith and seconded by Commissioner Kendra Burch to grant continuance of Item #1 (128 Yosemite Way) to April 10, 2013. Planning Commission Minutes Page 2 March 13, 2013 Motion carried 6-0 with Commissioner Joanne Talesfore absent. Motion by Vice Chair Margaret Smith and seconded by Commissioner John Bourgeois to grant continuance of Item #3 (50 University Avenue, Space A290) to March 27, 2013. Motion carried 6-0 with Commissioner Joanne Talesfore absent. SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee - Commissioner Margaret Smith reported that the committee met today and reviewed plans to subdivide a 10.3 acre property at 100-200 Prospect Avenue. The plans were found to be acceptable and the Sisters of the Holy Names indicated that they would be filing an Architecture and Site (A&S) application in the next few weeks. VERBAL COMMUNICATIONS (AUDIENCE) - NONE CONSENT CALENDAR - NONE CONTINUED PUBLIC HEARINGS - NONE NEW PUBLIC HEARINGS 1. 128 Yosemite Way - Architecture and Site Application S-12-040. Requesting approval to exceed the floor area ratio (FAR) for an addition and for a grading permit for a single- family residence on property zoned R-1:8. APN 532-36-059. PROPERTY OWNER/APPLICANT: Linus Lundberg. PROJECT PLANNER: Jennifer Savage. Continuance granted to April 10, 2013. See Requested Continuances above. 2. 219 Bean Avenue - Planned Development Application PD-11-006, Negative Declaration ND-11-008, Architecture and Site Application S-12-098. Requesting approval for rezoning from R-1D & C-2 to R-1D:PD to allow for the construction of a new jr. high school, modify existing school operations, and continue church services and activities (St. Mary's). No significant environmental impacts have been identified and a Mitigated Negative Declaration is recommended. APNs 510-44-028, 510-44-083 & 084. PROPERTY OWNER: Roman Catholic Bishop of San Jose. APPLICANT: Jeffrey T. Berg, AIA/Steinberg Architects. PROJECT PLANNER: Jennifer Savage. Chair Charles Erekson opened the public hearing. Commissioner John Bourgeois commented that he and his wife attend St. Mary's and have contributed both to the church and the school. However, he has no personal interest in this application and can participate without bias. Planning Commission Minutes Page 3 March 13, 2013 Commissioner Thomas O'Donnell commented that he is a long time member of St. Mary's and he supports the parish in regular contributions and in projects. He discussed this matter with the Town Attorney and he believes that he can sit without conflict. Associate Planner Jennifer Savage presented the staff report. Commissioner John Bourgeois • Confirmed that the school is operating outside of its current CUP (Conditional Use Permit) and that the Town would not have known if the applicant had not come back with another application. Associate Planner Jennifer Savage • Commented that this existing CUP does not have a reporting mechanism for CUP compliance. • Commented that Town Council's future direction for CUPs is to require uses to come into compliance with what is actually permitted until they receive approval otherwise. Commissioner Marico Sayoc • Asked if there were any community complaints while the school was operating outside of CUP compliance with regard to the number of students or parking. • Asked about the performance standards in the desk item that addressed the community letters received. • Asked for clarification on the parking requirement. Associate Planner Jennifer Savage • Commented that staff is not aware of any complaints. • Commented that there is a performance standard in the desk item that addresses some of the public concerns regarding construction traffic and parking. The performance standards in the staff report include a Construction Management Plan as well as a Traffic Plan for construction. • Commented that staff is not amenable to limiting construction access to just one point on Lyndon Avenue because of conflicts with pedestrian access. • Commented that the church was approved with a CUP in 1985 with a parking requirement of 105 spaces. The Town Code also requires that a nonconforming use provide parking to the greatest extent feasible. The school uses generally operate without church uses at the same time and that is where the difference between 105 parking spaces and the parking spaces required for the school plus the church. Commissioner Margaret Smith • Asked about the adequacy of circulation in the traffic impact. Associate Planner Jennifer Savage • Commented that the adequacy of circulation is addressed in the Traffic Study. Commissioner John Bourgeois • Asked why the rest of the improvements need to be a separate A&S application. Planning Commission Minutes Page 4 March 13, 2013 Associate Planner Jennifer Savage • Commented that the school will be performing improvements to the campus in phases and the first phase is included in the current A&S application. When the school is ready to go forward with other phases of the scope of work proposed through the Planned Development (PD), they will be required to come back for an A&S application at that time. Jeffrey Berg, AIA, Applicant, gave a presentation on the proposed project. Commissioner John Bourgeois • Asked about building height in comparison to Howley Hall and the justification for going over the allowed height in the zone. • Asked how the number of students can remain the same while adding another grade. • Asked about doubling the staff. Jeffrey Berg • Commented that Howley Hall is 25 feet tall to the ridgeline and the church is about 35 feet with a much taller tower. The first floor has a large library that requires a 10-11 foot ceiling and they need the extra height to allow for structure and duct work, and another 10 feet for the upper floor rooms. They are at 34 feet 8 inches at the tallest point. They did not want a flat roof building. • Commented that the staff is for the school and parish both. The maximum number of students per room is 35. Sister Nicki Thomas • Commented that when the school opened in 1955, it was a first through eighth grade school and there were up to 55 students per class. Class size has reduced over the years and the kindergarten class from Casa Maria Montessori School was integrated into St. Mary's. The increase in teachers is due to increased reading and math specialists. Chair Charles Erekson • Asked if the 53 head count for teachers is for the school or parish and if they are volunteer or part time employees. Sister Nicki Thomas • Commented that there are 17 full time teachers and 18 part time teachers. The remainder is parish employees. Commissioner Margaret Smith • Asked about the play area during construction. • Asked about circulation of the parking of construction vehicles. Sister Nicki Thomas • Commented that they hope to do most of the construction during the summer. There is a revised plan where the children will play. The entrance and exit has been changed so it will not disturb the traffic pattern during that time. Planning Commission Minutes Page 5 March 13, 2013 Jeffrey Berg • Commented that mitigation measures will be put in place with staff for construction traffic and parking. • Commented that he is not prepared to discuss a parking plan tonight. Tom Kocjan, Devcon Construction • Commented that they will minimize parking on adjacent streets. They will try to locate an area for construction workers to park their cars and use buses to bring them to the site. Commissioner Kendra Burch • Asked if there has been any discussion with Town staff about public parking options. • Asked about the construction schedule and how many employees will be on site. Tom Kocjan • Commented that they have not explored any exact locations. They will try to minimize the construction space in the playground area. • Commented that they plan to start in June with grading and foundation and getting the plaster scaffold up. There may be 10 employees in the beginning for grading and foundation. There may be up to 20 employees once framing starts with an additional five during finish work. The peak employees will be in the fall. Commissioner John Bourgeois • Asked about the grading plan around the tree. Jeffrey Berg • Commented that he worked with the Town Arborist on the grading around the tree. The tree will remain. Sabine Lam • Commented that she lives on Wilder Avenue and that she believes that there is a need for more classrooms. • Asked about sustainable practices in the design plan. • Suggested that parking be limited and replace it with vegetative space. • Suggested that families be encouraged to carpool and have children ride bikes, skateboards, and scooters to school. • Commented that she feels lucky to live in a safe neighborhood and would like to hear solutions about minimizing the impact on the environment. Chuck Hammers • Commented that he lives on Shannon Road and he agrees with staff's position to support the proposal. Public schools are at capacity and he believes that private schools should be able to expand. • Commented that Los Gatos has one of the highest percentages in the County of students attending private schools. Planning Commission Minutes Page 6 March 13, 2013 Chris Potter • Commented that he lives on Tait Avenue across from the ingress/egress at the school. The traffic in the morning is chaotic on Tate and Bean Avenues. There is no regulated traffic in the area. In the afternoon, both Tate and Bean Avenues are backed up and it becomes a one- way street. It is a severe traffic problem at present. Traffic will be worse with construction and something needs to be done to regulate the traffic. • Commented that staff and teachers should be encouraged not to park on Tait and Bean Avenues during school hours. • Commented that no one is opposed to the school. David Lam • Commented that he lives on Wilder Avenue and asked if there is actually a 20 percent impact. He wanted to know where the information came from and where he can get more information. • Commented that he is not opposed to the school improving itself, but he is wondering what the neighborhood is getting. Commissioner John Bourgeois • Asked staff if there will be an increase in students. Associate Planner Jennifer Savage • Commented that there will not be an increase in the number of students. The CUP will be matching the existing conditions at the school. Stephanie Lynott • Commented that she has been a teacher at St. Mary's for 35 years. She understands the concerns about traffic but the location of the schools in the Town create gridlock at certain times of the day. St. Mary's is not unique. • Commented that she sees more downtown employees than staff parking on the streets and on St. Mary's property. • Commented that there is adequate parking for staff. Robert Muskat • Commented that he lives on Massol Avenue and that it is time to renew the school. St. Mary's leadership has proposed a modest improvement. • Commented that as a parent of children at St. Mary's, he has seen extraordinary efforts by the school to educate parents on minimizing traffic impacts. He urged the Commission to approve the plans without delay. Annette Nystrom • Commented that she lives on Alexander Avenue and that she walks her children to St. Mary's every day. She is aware of the traffic issues in the area. • Commented that when Daves Avenue constructed their school, it had a lot of support. • Commented that the St. Mary's Country Fair offers many events to the community that serves the Town as a whole. Planning Commission Minutes Page 7 March 13, 2013 • Commented that there was construction at the parking lot across the street from St. Mary's Church and they were able to navigate around the construction. Jeffrey Berg • Commented that they have demonstrated to staff that the church and school staff do a good job of educating parents on parking and traffic flow issues. It is hopeful that the parents follow the recommendations. Commissioner Thomas O'Donnell • Asked the applicant to suggest recommendations on the parking issues for the construction workers. Jeffrey Berg • Commented that they can accommodate parking for about half of the construction workers on site. They can bus in the remainder of the workers. They will also negotiate with local property owners for parking during the day. Commissioner Marico Sayoc • Asked if there will be a contact person for parking issues. Jeffrey Berg • Commented that there will be a 24/7 contact number along with public outreach prior to start of construction. This is typically the superintendent's cell phone. They are familiar with public outreach. Commissioner Margaret Smith • Asked if there will be a community meeting room in the school. Jeffrey Berg • Commented that the lower floor of the new building is a library and one classroom and there are three classrooms upstairs. The library could possibly be made available to the community, but he would prefer to leave that up to St. Mary's. • Commented that a neighborhood meeting will occur prior to construction. Commissioner John Bourgeois • Asked if there have been any community meetings or outreach up to this point. Jeffrey Berg • Commented that there have been some phone calls and they have addressed the concerns. Commissioner Thomas O'Donnell • Asked if cutting back on the brick facade is a financial decision. Planning Commission Minutes Page 8 March 13, 2013 Jeffrey Berg • Commented that the financial aspect is one consideration in eliminating some of the brick, along with adding a lot of weight to the building. They did not see the advantage to cladding the back of the building in brick since it faces an alley way. Commissioner Margaret Smith • Asked if there are plans for a green building. Jeffrey Berg • Commented that they are using a very efficient mechanical multi-zone system and highly efficient light fixtures. The interior materials minimize off gassing. They are not proposing to meet set LEED guidelines and there is no Town requirement to meet those criteria. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Chair Charles Erekson • Asked staff to address the Town Code section that provides for a continuation of nonconforming uses that apply to churches that may be applicable to the parking requirement. Principal Planner Joel Paulson • Commented that Section 29.10.195 of the Town Code states that church and school uses can continue intermittently as nonconforming uses. Additionally, it speaks to providing the maximum percent practical additional parking as necessary. Commissioner Thomas O'Donnell • Asked for Commissioners’' comments about the most current plan to eliminate a portion of the brick. Commissioner John Bourgeois • Commented that his concern in increasing the numbers in the PD is that the number may not be realistic for the future and asked if an annual report could be submitted to the Town for enrollment numbers. • Commented that the fence height exception is justified. • Commented that the building height exception is a concern with four feet over the allowed height in the zone. • Commented that the parking issues are real and he is concerned about the impact during construction. • Commented that Community Benefit is not an issue. • Commented that the A&S application for reduced brick is a concern because the Town strives for 360 degree architecture and this will be a massive wall. Commissioner Thomas O'Donnell • Commented that he believes there is a reason that the height is needed because of the location and because it is a school. Planning Commission Minutes Page 9 March 13, 2013 • Commented that he agrees that the blank wall on Victory Lane needs something to soften it. • Commented that he believes the other issues have been addressed and that he would like to cooperate with the school where possible. Commissioner Marico Sayoc • Commented that she concurs with the annual reporting for enrollment. She is comfortable with changing the number in the CUP since there have been no community complaints. • Commented that she agrees with the fence height exception. • Commented that the building height is not a concern to her. • Commented that the parking is an issue and hopes that the parents are sensitive to the neighborhood and that the school emphasizes to the parents the importance of minimizing the impact to the neighborhood. • Commented that she is okay with the A&S for reduction of the brick. She would like the applicant to work with staff to find a way to minimize the blank wall. Commissioner Margaret Smith • Commented that she concurs that St. Mary's is a benefit to the community. • Commented that she is concerned about putting a limit on the number in the CUP because the number will probably increase. • Commented that she would add a Condition of Approval that a construction plan be in place to manage construction traffic during the entire construction period to keep the trucks off the streets. • Commented that a neighborhood meeting needs to take place. Chair Charles Erekson • Commented that he agrees with the fence height, but worries about the structure height; however, one taller single story building is a better option than two single story buildings on the site to accomplish the required square footage. • Commented that 315 students appears adequate and he would not like to see the number grow beyond that. • Commented that he likes the front elevation better with less brick from a design aspect. He would like to see the same treatment be carried around the building. Principal Planner Joel Paulson • Commented that there are conditions in both the A&S application and the PD application that require a Construction Management Plan that will addresses all the issues discussed tonight, in addition to the conditions requiring weekly e-mail updates to the neighbors as construction progresses. There will be a 24/7 phone number that neighbors can call to address any issues. Motion by Commissioner Thomas O'Donnell and seconded by Vice Chair Margaret Smith to recommend that Town Council adopt the Planned Development Application PD-11-006 (Exhibit 11), make the Negative Declaration ND-11-008 and adopt the Mitigation Monitoring Plan (Exhibit 5), and approve the Architecture and Site Application S-12-098 subject to the conditions as noted in Exhibit 4 of the staff report dated March 13, 2013, with the added conditions that (1) there be specific requirements limiting the construction vehicles that can be parked on site in the Construction Management Plan; (2) that the applicant work with staff for a Planning Commission Minutes Page 10 March 13, 2013 solution to the reduction of brick on the back of the building; and (3) that the applicant submit annual reports as to the maximum number of students being serviced by the school as well as the number of staff. The required findings were made as noted in Exhibit 3 of the staff report dated March 13, 2013. Motion carried 6-0 with Commissioner Joanne Talesfore absent. 3. 50 University Avenue, Space A290 - Conditional Use Permit Application U-13-001. Requesting approval of a formula retail apparel store (Lucy) in a commercial space previously occupied by a formula retail bookstore (Borders) on property zoned C- 2:LHP:PD. APN: 529-02-044. PROPERTY OWNER: SRI OLDTOWN, LLC. APPLICANT: Tammy Korte. PROJECT PLANNER: Erwin Ordoñez. Continuance granted to March 27, 2013. See Requested Continuances above. NEW OTHER BUSINESS 4. Report from Director of Community Development a. Principal Planner Joel Paulson reiterated the environmental documents that are currently out for review: (1) the Albright DEIR. Comments will be accepted until March 14; (2) the Notice of Preparation has been distributed for the North Forty Specific Plan DEIR. Preliminary scoping comments will be accepted until March 15, but there will be additional opportunities to comment on the environmental document when it comes forward; and (3) the Notice of Preparation for the Hillbrook School DEIR has been released and comments will be accepted until March 14. Commissioner John Bourgeois asked about the attendance at the March 6 scoping meeting for the North Forty Specific Plan DEIR. Principal Planner Joel Paulson commented that approximately six people out of 25 in the audience spoke at the meeting. b. Principal Planner Joel Paulson commented that last November the Council approved a Height Demonstration Plan for the Albright Office Park which is an exception to the story pole policy. They will be putting up story poles three weeks prior to the Planning Commission hearing and the Town Council meeting. There was also a meeting this week with the Charter Oaks neighborhood. 5. Commission Matters a. Chair Charles Erekson wished a belated Happy Birthday to Assistant Community Development Director Sandy Baily. Planning Commission Minutes Page 11 March 13, 2013 ADJOURNMENT Meeting adjourned at 8:41 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, March 13, 2013 ___________________________________________ Charles Erekson, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Principal Planner