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Minutes - 03-27-13 - PCPlanning Commission Minutes Page 1 March 27, 2013 TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, MARCH 27, 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 Joanne Talesfore, and Commissioner Marico Sayoc. Absent: Commissioner Thomas O'Donnell Others: Town Attorney Judith Propp, Principal Planner Joel Paulson, Associate Planner Marni Moseley, Senior Planner Erwin Ordonez, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Joanne Talesfore. Chair Charles Erekson commented that the agenda will be reordered to hear Item #3 before Item #2 because Vice Chair Smith and Commissioner Sayoc need to recuse themselves from Item #2. APPROVAL OF MINUTES OF MARCH 13, 2013 Commissioner Joanne Talesfore commented that she was not present at the March 13 meeting but that she has reviewed the meeting documents and video and will be participating in the vote. Motion by Vice Chair Margaret Smith and seconded by Commissioner John Bourgeois to approve meeting minutes of March 13, 2013. Motion carried 6-0 with Commissioner Thomas O'Donnell absent. WRITTEN COMMUNICATIONS - NONE Planning Commission Minutes Page 2 March 27, 2013 REQUESTED CONTINUANCES - NONE SUBCOMMITTEE REPORTS Historic Preservation Committee - Commissioner Kendra Burch reported that the committee met this afternoon and recommended approval to the Development Review Committee (DRC) of an Architecture and Site (A&S) application for 14403 Oka Lane; did not recommend approval of a Building Permit Application for 106 Massol Avenue to expand the height of the existing garage or add proposed dormers to the new structure, but recommended that the facade be updated. The applicant will review recommendations and meet with staff; recommended approval to the DRC of a request to do exterior modifications to a pre-1941 residence at 371 Pennsylvania Avenue; and held an informal conversation with the applicant regarding 53 Whitney Avenue to demolish a pre-1941 residence. General Plan Committee - Commissioner Marico Sayoc reported that the committee met earlier today to review the Affordable Housing Overlay Zones. The committee reviewed the previously identified 41 sites and recommended three sites. Due to the complexity of the issue, the meeting was continued to April 10 to make a recommendation and provide direction to staff on which of the parcels should be given further review prior to going to the Planning Commission. VERBAL COMMUNICATIONS (AUDIENCE) John Shepardson • Expressed concern about the cherry pickers on Albright Way that represents the height of the proposed buildings. He suggested netting because he does not believe that the public realizes that the cherry pickers represent the height and location of the proposed structures. CONSENT CALENDAR 1. *15994 Los Gatos Boulevard - Conditional Use Permit Application U-13-003. Requesting approval for an art studio with classes (Drawn2Art) on property zoned C-1. APN 523-01-013. PROPERTY OWNER: Mike Gordon/Sterling Investment Services. APPLICANT: COLG, LP. PROJECT PLANNER: Jennifer Savage. Motion by Commissioner John Bourgeois and seconded by Commissioner Kendra Burch to approve Consent Item #1. Motion carried 6-0 with Commissioner Thomas O'Donnell absent. Principal Planner Joel Paulson recited appeal rights. Planning Commission Minutes Page 3 March 27, 2013 CONTINUED PUBLIC HEARINGS (Heard Out of Order) 2. 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. Chair Charles Erekson opened the public hearing. Vice Chair Margaret Smith and Commissioner Marico Sayoc reported that they are required to recuse themselves because they both live within 500 feet of the proposed property. Vice Chair Margaret Smith and Commissioner Marico Sayoc left the meeting. Senior Planner Erwin Ordoñez presented the staff report. Brian Learn, Applicant, gave a presentation on the proposed project. Commissioner John Bourgeois • Asked if the store will carry men’s apparel. • Asked what makes lucy different from the yoga apparel store across from this location. • Asked if there will be fitness classes held on site. Brian Learn • Commented that they will not carry men’s wear. • Commented that lucy offers a higher quality product that is different from other active apparel brands and yoga wear. • Commented that they will not hold fitness classes on site. They will partner with local fitness studios. Commissioner Joanne Talesfore • Asked if they plan to add men’s wear in the future. • Asked what else they will offer at the store. • Asked about hours of operation. Brian Learn • Commented that they do not have plans for men’s wear. • Commented that they will not hold classes in the store, but may participate in events in the area. • Commented that the hours of operation are 10 a.m. - 9:00 p.m. Commissioner Kendra Burch • Asked how many stores are in the bay area. Planning Commission Minutes Page 4 March 27, 2013 Brian Learn • Commented that there are eight stores in the bay area. The closest one is in Santana Row. Commissioner Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Joanne Talesfore • Asked for clarification on Old Town's sign program. • Commented that she hopes that the Town will work with the applicant to ensure that the sign is consistent with Old Town's sign program. Principal Planner Joel Paulson • Commented that Old Town has its own unique signage program given the existing storefronts and the link to the historical aspect to the previous uses on that site. Edwin Ordoñez • Commented that the applicant is aware of the sign program and intends to adhere to the program. They will be working with staff. Motion by Commissioner Joanne Talesfore and seconded by Commissioner Kendra Burch to approve Conditional Use Permit Application U-13-001 subject to the conditions as noted in Exhibit 3 of the staff report dated March 13, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated March 13, 2013. Commissioner John Bourgeois • Commented that he is familiar with the Santana Row store and generally believes that lucy is a good fit for Los Gatos, but he will not support the motion because of the concentration of the use of formula retail in Old Town. He cannot make the finding that the proposed use is in harmony with the various elements or objectives of the General Plan. There is an overconcentration of this use in this area. Chair Charles Erekson • Commented that he will also not support the motion for the same reasons stated by Commissioner Bourgeois. Commissioner Joanne Talesfore • Commented that she agrees with the concerns in theory but wonders what the denial means to the applicant and what kind of message is being sent to the management of Old Town. She believes it will be a viable business in that area. Principal Planner Joel Paulson • Commented that any applicant can appeal any decision of the Planning Commission. When the vote is locked at 2-2, it would be a denial. Commissioner Kendra Burch • Asked if there was a different intent for this space when Anthropologie divided the space. Planning Commission Minutes Page 5 March 27, 2013 Chair Charles Erekson • Commented that division of space does not necessarily presume that a formula retail business will occupy the space. Part of the intent is for smaller locally-owned businesses to occupy small spaces rather than concentrate more formula retail. Commissioner John Bourgeois • Commented that he asked the question when the space was split but it was not known what would be coming into the space at that time. Motion failed 2-2 with Chair Charles Erekson and Commissioner John Bourgeois dissenting, Commissioner Thomas O'Donnell absent, Vice Chair Margaret Smith and Commissioner Marico Sayoc recused. Principal Planner Joel Paulson • Commented that the Commission is welcome to make an alternate motion. Commissioner John Bourgeois • Commented that he does not see any way out of a 2-2 vote. Commissioner Joanne Talesfore • Asked if the Town encourages the management of Old Town to work within the guidelines of the Town to encourage local retail businesses and also to offer something other than women’s' clothing. Principal Planner Joel Paulson • Commented that the Town does not drive market forces so staff does not have the ability to require Old Town to look to local businesses. • Commented that the Town still has an Economic Vitality Manager. If this proposal goes to Council on appeal, staff can review it with the Manager to see if they have any interaction with Old Town in regards to future tenants and/or spaces. Chair Charles Erekson • Commented that the issue for him is the formula retail concentration rather than the product being sold. Commissioner John Bourgeois • Commented that his concern is both. The Commission needs to look at the uses as well. • Commented that unless he is going to California Cafe, there is no need for him to step across the street to go to that shopping center. Principal Planner Joel Paulson recited appeal rights. Planning Commission Minutes Page 6 March 27, 2013 NEW PUBLIC HEARINGS (Heard Out of Order) 3. 349 N. Santa Cruz Avenue - Conditional Use Permit Application U-13-002. Requesting approval of a formula retail store (California Closets) on property zoned C-2. APN: 510- 14-010. PROPERTY OWNER: Anthony Cedoline. APPLICANT: Wayne Renshaw, representing California Closets. PROJECT PLANNER: Marni Moseley. Chair Charles Erekson opened the public hearing. Associate Planner Marni Moseley presented the staff report. Wayne Renshaw, Applicant (Architect), gave a presentation on the proposed project. Commissioner Margaret Smith • Asked how many employees will be on site. • Asked about private parking for the store. • Asked how many stores are owned by the applicant. Wayne Renshaw • Commented that there will be one or two employees on site. Eric Baggiolini, Owner • Commented that there are two reserved parking spaces in the back. • Commented he owns two stores; one in Carmel and one in San Jose. He also operates in Santa Cruz County but does not have a store there. Commissioner Joanne Talesfore • Asked if there will be any changes to the outside of the building and how the sign will be attached. • Commented that the applicant should review the Commercial Design Guidelines for signage when constructing the sign. Wayne Renshaw • Commented that there will not be any changes to the outside of the building except for a sign. They have not yet explored signage but will work with staff. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Margaret Smith • Commented that she is pleased to see the property being occupied and believes that this business will be a good addition to the Town. This is a business that is not represented to any degree in the downtown area. Planning Commission Minutes Page 7 March 27, 2013 Commissioner John Bourgeois • Commented that when new formula retail is coming into Town, the Commission looks at the concentration of those businesses and the actual type of business. This is a great location for this use, it is in a zone that has very few formula retails stores, and it will add retail diversity to that side of the street. Motion by Commissioner John Bourgeois and seconded by Commissioner Joanne Talesfore to approve Conditional Use Permit Application U-13-002 subject to the conditions as noted in Exhibit 3 of the staff report dated March 27, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated March 27, 2013. Commissioner Joanne Talesfore • Commented that she supports the motion and welcomes California Closets to Los Gatos. Motion carried 6-0 with Commissioner Thomas O'Donnell absent. Principal Planner Joel Paulson recited appeal rights. NEW OTHER BUSINESS 4. Report from Director of Community Development a. Principal Planner Joel Paulson commented that at the Chair's request, all actions taken by the DRC between Commission meetings will be reported during the Report from the Community Development Director. The DRC took an action on a minor exterior alteration to a commercial building for The Lexington House. They are changing out the door style. Commissioner Joanne Talesfore commented that the grand opening sign has been up for quite some time on that building and asked how long it will stay up. Principal Planner Joel Paulson commented that Town code allows grand opening signs to be up for 45 days. Staff will look into it. 5. Commission Matters - None ADJOURNMENT Meeting was adjourned at 7:51 p.m. Planning Commission Minutes Page 8 March 27, 2013 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, March 27, 2013 ___________________________________________ Charles Erekson, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Principal Planner