Minutes - 05-08-13 - PCPlanning Commission Minutes Page 1 May 8, 2013
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, MAY 8, 2013
ROLL CALL
Present: Chair Charles Erekson, Vice Chair Margaret Smith, Commissioner John
Bourgeois, Commissioner Joanne Talesfore, and Commissioner Marico Sayoc.
Absent: Commissioner Kendra Burch and Commissioner Thomas O'Donnell.
Others: Deputy Town Attorney Mazarin Vakharia, Principal Planner Joel Paulson, Senior
Planner Suzanne Avila, and Recording Secretary Linda Rowlett.
PLEDGE OF ALLEGIANCE
Led by Vice Chair Margaret Smith.
APPROVAL OF MINUTES OF APRIL 24, 2013
Motion by Commissioner John Bourgeois and seconded by Commissioner Joanne Talesfore
to approve meeting minutes of April 24, 2013.
Motion carried 5-0 with Commissioner Kendra Burch and Commissioner Thomas O'Donnell
absent.
WRITTEN COMMUNICATIONS - NONE
REQUESTED CONTINUANCES - Item #1
Commissioners Bourgeois and Talesfore noted that they were both pleased that the applicant is
exploring a single story option.
Motion by Commissioner John Bourgeois and seconded by Commissioner Joanne Talesfore
to grant continuance of Item #1 (204 Prince Street) to a date uncertain.
Motion carried 5-0 with Commissioner Kendra Burch and Commissioner Thomas O'Donnell
absent.
Planning Commission Minutes Page 2 May 8, 2013
SUBCOMMITTEE REPORTS
General Plan Committee -- Commissioner John Bourgeois reported that the committee met
earlier today to discuss the Affordable Housing Overlay Zone (AHOZ) sites. There has been
new information regarding two of the sites that were recommended to staff at the last meeting, so
a new set of recommendations have been provided to staff to proceed with environmental
review.
VERBAL COMMUNICATIONS (AUDIENCE) - NONE
CONSENT CALENDAR - NONE
CONTINUED PUBLIC HEARINGS
1. 204 Prince Street. Architecture and Site Application S-13-017. Requesting approval to
construct a second story addition to a single-family residence on property zoned R-1:8.
APN 407-32-017. PROPERTY OWNER: Michael & Kristin Hickman. APPLICANT:
Robin McCarthy. PROJECT PLANNER: Erin Walters.
Continuance granted to a date uncertain. See Requested Continuances above.
NEW PUBLIC HEARINGS
2. 18 Fillmer Avenue. Architecture and Site Application S-13-007. Requesting approval to
demolish an existing pre-1941 single-family residence and to construct a new residence
and detached garage with reduced side and rear yard setbacks on property zoned R-1:8.
APN 532-35-029. PROPERTY OWNER: Mark VonKaenel and Dan Feece.
APPLICANT: Tony Jeans. PROJECT PLANNER: Erin Walters.
Chair Charles Erekson opened the public hearing.
Senior Planner Suzanne Avila noted that she did not have anything to add to the staff report
other than the applicant did have a neighborhood meeting to present the plans to the surrounding
residents.
Commissioner Joanne Talesfore
• Asked about the wood burning chimneys.
• Asked if the setbacks are all non-conforming.
Principal Planner Joel Paulson
• Commented that the Town does not prohibit new wood burning fireplaces, but they must
meet EPA (Environmental Protection Agency) standards.
Senior Planner Suzanne Avila
• Commented that this is a fairly old neighborhood and there are non-conforming setbacks in
this area. The applicant is only asking for a reduced setback for the detached garage which is
Planning Commission Minutes Page 3 May 8, 2013
fairly common. The front setback of 25 feet meets the R-1:8 zone. The adjacent neighbors'
setbacks are unknown.
Tony Jeans, Applicant, gave a presentation on the proposed project.
Commissioner John Bourgeois
• Asked if there were any concerns raised at the neighborhood meeting.
Tony Jeans
• Commented that he mailed a meeting notice to everyone within 300 feet of the property and
about six people attended the meeting. Everyone was supportive of the project commenting
that it is a vast improvement. There was no objection to the project at the meeting. In
addition, he visited the immediate neighbors and received no negative feedback.
Commissioner Joanne Talesfore
• Commented that it is a nicely designed home. She referred to the Residential Design
Guidelines (RDG) and commented that she is concerned that the home will be overwhelming
with the gable roof and the loss of the existing landscaping.
• Asked if the proposed house is in front of the adjacent house to the left and if the proposed
house could be moved back.
Tony Jeans
• Commented that the proposed house has the same setback as the adjacent house when
looking at the footprint. The bulk and mass starts farther back than the front porch. The
gable is below the viewing line of the ridge so it does not look as massive as neighboring
homes.
• Commented that he does not propose moving the house back. They want to keep it at 25
feet which is the same as all the other houses on the street.
Commissioner Marico Sayoc
• Asked what the overhang dimension is over the porch.
• Asked about the proposed landscaping.
Tony Jeans
• Commented that the porch overhangs two feet. The shadow study is not 100 percent accurate
as to the positioning of the house from front to back. He was showing that the proposed
house does not project a shadow on the adjacent house.
• Commented that they are planning on planting six major 36-inch box trees and 23 24-inch
box trees for screening around the edge. The 24-inch trees are actually shrubs and a
preferred height by the neighbors. Six fairly significant trees will also be planted to replace
some of the coverage. They will not be able to replace the entire canopy coverage on this
particular lot.
• Commented that there is a large Cedar adjacent to the porch and it will provide quite a
significant balance to the house.
Planning Commission Minutes Page 4 May 8, 2013
Commissioner Margaret Smith
• Commented that the design is very good and she understands the argument for the gables.
She believes the pitches conform to the RDG.
• Asked about keeping the Cedar tree and what will need to be done to enhance it.
Tony Jeans
• Commented that they will put mulch and protective fencing around the Cedar tree. They will
consult with an arborist and implement any treatment that may be helpful.
Commissioner Joanne Talesfore
• Asked if the Privet trees will be removed.
Tony Jeans
• Commented that the Privets will be replaced with something more appropriate for screening
and will also be drought tolerant. They have three possibilities, but they plan to check with
the neighbors to determine tree preference.
Chair Charles Erekson closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner John Bourgeois
• Commented that he appreciates the thought that went into the design and that the house fits
well into the neighborhood. He believes that the gable dormer is the better design. The
setback reduction for the garage is consistent with the pattern in the neighborhood.
• Commented that the front setback does not present a problem.
Motion by Commissioner John Bourgeois and seconded by Vice Chair Margaret Smith to
approve Architecture and Site Application S-13-007 subject to the conditions as noted in Exhibit
3 of the staff report dated May 8, 2013. The required findings were made as noted in Exhibit 2
of the staff reported dated May 8, 2013.
Commissioner Joanne Talesfore
• Commented that while she believes that the design of the house will fit in with the
neighborhood, she feels that a shed dormer would have been a better choice than the gable
dormer and for that reason she will not be supporting the motion.
Motion carried 4-1 with Commissioner Joanne Talesfore dissenting, Commissioner Kendra
Burch and Commissioner Thomas O'Donnell absent.
Principal Planner Joel Paulson recited appeal rights.
NEW OTHER BUSINESS
3. Report from Director of Community Development
Planning Commission Minutes Page 5 May 8, 2013
a. Principal Planner Joel Paulson reported that the Development Review
Committee (DRC) met on April 30 and approved Architecture and Site applications
for 15500 Los Gatos Boulevard and 16785 Placer Oaks Road.
b. Principal Planner Joel Paulson reported that the Town Council heard the appeal on
Lucy (50 University Avenue) on May 6 and granted the appeal noting that they
understood the Commission's position and agreed that it was a Town Council policy
decision.
Commissioner Joanne Talesfore noted that she wanted to comment on the Town
Council's comment that the Commission's vote on the Lucy project was gender based.
She wants to assure the Council that the vote was based on policy.
c. Principal Planner Joel Paulson reported that the Albright proposal will be heard by
Town Council on May 20.
d. Principal Planner Joel Paulson reported that Deputy Town Attorney Mazarin
Vakharia will be leaving the Town of Los Gatos for a position with Berliner Cohen.
4. Commission Matters - None
ADJOURNMENT
Meeting was adjourned at 7:43 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, May 8, 2013
___________________________________________
Charles Erekson, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Principal Planner