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Minutes - 06-26-13 - PCPlanning Commission Minutes Page 1 June 26, 2013 TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, JUNE 26, 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 Joanne Talesfore. Absent: Commissioner Marico Sayoc Others: Town Attorney Judith Propp, Principal Planner Joel Paulson, Senior Planner Erwin Ordonez, Associate Planner Jennifer Savage, Associate Planner Erin Walters, Associate Civil Engineer Maziar Bozorginia, Engineering Intern Anthony Navarette, Executive Administrative Assistant Cindie Taylor, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Joanne Talesfore. APPROVAL OF MINUTES OF MAY 22, 2013 Motion by Commissioner John Bourgeois and seconded by Vice Chair Margaret Smith to approve meeting minutes of May 22, 2013. Motion carried 6-0 with Commissioner Marico Sayoc absent. WRITTEN COMMUNICATIONS - NONE REQUESTED CONTINUANCES - NONE SUBCOMMITTEE REPORTS Historic Preservation Committee -- Commissioner Thomas O'Donnell reported that the committee met last week and recommended approval of an Architecture and Site (A&S) Planning Commission Minutes Page 2 June 26, 2013 application for demolition of a pre-1941 single-family dwelling at 134 Loma Alta, gave advice on a Building Permit to replace redwood siding at 255 Los Gatos Boulevard, and recommended approval of an A&S application for demolition of a pre-1941 single-family dwelling at 399 Nicholson Avenue. General Plan Committee -- Commissioner John Bourgeois reported that the committee met earlier today and made a recommendation regarding the property at 375 Knowles Avenue to ensure that the General Plan designation and the zoning matched, and made recommendations for changes to the Zoning Ordinance amendments based on the implementation of the Town’s State Certified Housing Element and an associated Town Council resolution. VERBAL COMMUNICATIONS (AUDIENCE) - NONE CONSENT CALENDAR - NONE CONTINUED PUBLIC HEARINGS - NONE Chair Charles Erekson thanked Linda Rowlett on behalf of the Commissioners for her service as Recording Secretary for the Planning Commission noting that this will be her last meeting. NEW PUBLIC HEARINGS 1. 15965 Los Gatos Boulevard, Suite 100 - Conditional Use Permit Application U-13-009. Requesting approval of a Conditional Use Permit for a veterinary hospital (Adobe Animal Hospital) on property zoned CH:PD. APN 529-16- 053. PROPERTY OWNER/ APPLICANT: CHL Ventures, LP. PROJECT PLANNER: Erin Walters. Chair Charles Erekson opened the public hearing. Associate Planner Erin Walters presented the staff report. Commissioner John Bourgeois • Commented that he appreciates being able to see multiple applications for the site at the same time. • Asked about parking requirements for restaurant use. Associate Planner Erin Walters • Commented that currently the applications for restaurant use are not complete and staff does not have the proposed number of seats or square footage for the two restaurants. Principal Planner Joel Paulson • Commented that parking for the restaurants will be allotted based on the spaces available in the parking analysis. The restaurants will not exceed the overall parking requirements for the site. Brian Maxwell, Applicant, gave a presentation on the proposed project. Planning Commission Minutes Page 3 June 26, 2013 Commissioner Joanne Talesfore • Asked if the hospital is under any specific governmental regulations. • Asked if there are inspections for daily operations of the hospital. Brian Maxwell • Commented that there are no specific oversight regulations and that the only piece of equipment that requires special permitting is the x-ray machine and they have a State permit for the machine. Bryan King, Architect • Commented that there are requirements for radiation shielding that requires a physicist to study the radiation exposure based on the adjacent occupancies. The report is submitted as part of the Building Permit application and the Health Department or the State will review it as part of the application process. There is an ongoing licensing requirement for periodic inspections to ensure that the equipment is operating within expected parameters. Summer Holmstrand • Commented that throughout the year, local agencies inspect for safety procedures. The two organizations that can come in at any time and inspect for hospital safety are the California Veterinary Medical Association and the American Animal Hospital Association. They have had very successful inspections with both organizations. Commissioner Kendra Burch • Asked about hazardous waste disposal. Brian Maxwell • Commented that they contract with a company for weekly hazardous waste disposal. The hospital uses special containers for needles. The storage of the hazardous materials will be secured inside the premises. Vice Chair Margaret Smith • Asked about parking for the 22 employees. • Commented that it will create a problem if staff parks in the neighborhood and she would encourage the employees to park in the least used area of the commercial site. Brian Maxwell • Commented that all employees will not be working at the same time and they are following the Town’s parking guidelines. They have not worked out all of the parking issues yet. • Commented that the hospital will ensure that there is parking available for clients and customers. Veterinary staff may have to commute in or find offsite parking. Bryan King • Commented that this type of business is their specialty and that jurisdictional parking requirements are based on formulas using number of staff and square footage. The majority of the people at the hospital at any given time will primarily be staff. The client-based Planning Commission Minutes Page 4 June 26, 2013 parking requirements are minimal because it is cyclical, short-term parking. The Town's parking requirements should be sufficient. Summer Holmstrand • Commented that she explored parking for the veterinary staff on Placer Oaks Road and would recommend that staff not go into residential areas. Commissioner John Bourgeois • Commented that this development took years to approve and the Placer Oaks neighborhood was very concerned about parking on their street. Brian Maxwell • Commented that staff will be directed not to park in residential areas. Chair Charles Erekson • Commented that the standards of the Town assume that it has parking capacity on the site for all users and employees and cautioned the applicant about stating on the record that employees will be parking somewhere else. Commissioner Joanne Talesfore • Asked about soundproof windows for animal noise. • Asked about outdoor pens. • Asked if dog training will be offered. • Asked if they plan to sell animals. Bryan King • Commented that the maximum sound level where dogs are barking in a kennel is 100 decibels and the exterior walls and windows will buffer that level by 50-60 decibels. That level of noise is barely audible and about the sound level of an open office environment. Brian Maxwell • Commented that they will not have outdoor pens. • Commented that the retail portion of the hospital may offer puppy classes, if allowed, but they have not committed to that. • Commented that they do not plan to sell animals. Principal Planner Joel Paulson • Commented that if the hospital decided to do puppy training other than one-on-one training, the retail component would need a Conditional Use Permit (CUP) as well. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Planning Commission Minutes Page 5 June 26, 2013 Motion by Vice Chair Margaret Smith and seconded by Commissioner Joanne Talesfore to approve Conditional Use Permit Application U-13-009 subject to the conditions as noted in Exhibit 3 of the staff report dated June 26, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated June 26, 2013. Commissioner John Bourgeois • Commented that he has a concern regarding the location of this business to the park. The park was meant to be a public amenity for the residents and a link to the commercial center. He hopes it does not turn into a dog park because that was not the intent of the park and he wanted to be sure the owners of the hospital were cognizant of that. Motion carried 6-0 with Commissioner Marico Sayoc absent. Principal Planner Joel Paulson recited appeal rights. 2. 681 Blossom Hill Road, Suite 102 - Conditional Use Permit Application U-13-008. Requesting approval of a Conditional Use Permit for a restaurant (Philz Coffee) with outdoor seating on property zoned CH:PD. APN 529-16-053. PROPERTY OWNER/ APPLICANT: CHL Ventures, LP. PROJECT PLANNER: Erin Walters. Chair Charles Erekson opened the public hearing. Associate Planner Erin Walters presented the staff report. Commissioner Thomas O'Donnell • Asked about the seating configuration and the community wall. Associate Planner Erin Walters • Commented that the community wall is for posting rather than an area for seating. Suggested that the applicant provide further detail. Robert George, Applicant, gave a presentation on the proposed project. Commissioner Thomas O'Donnell • Asked about seating near the community wall. • Confirmed with the applicant that 12 seats is consistent with his understanding. Robert George • Commented that the community wall may have art from local artists or community postings. There may be some counter space for the standing visitor in that area. Vice Chair Margaret Smith • Asked if there is more walk up business or commuters that pick up coffee and continue on. • Asked what merchandise will be sold and if there will be other foods besides pastries. Planning Commission Minutes Page 6 June 26, 2013 Robert George • Commented that they base their mix on 80 percent commuter and 20 percent cafe. That varies from store to store and they look to find the appropriate mix for specific communities. • Commented that the typical food offering is a simple line up of food such as pastries, burritos, yogurt, juices, and water. The merchandise will be Philz-branded merchandise such as T-shirts and tumblers along with whole coffee beans of their blends. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Vice Chair Margaret Smith • Confirmed with staff that deliveries will not occur before 9:00 a.m. Motion by Commissioner Thomas O'Donnell and seconded by Commissioner John Bourgeois to approve Conditional Use Permit Application U-13-008 subject to the conditions as noted in Exhibit 3 of the staff report dated June 26, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated June 26, 2013. Motion carried 6-0 with Commissioner Marico Sayoc absent. Principal Planner Joel Paulson recited appeal rights. 3. 663 Blossom Hill Road, Suite 100 - Conditional Use Permit Application U-12-010. Requesting approval of a Conditional Use Permit for a bank (Chase) with an outdoor ATM on property zoned CH:PD. APN 529-16-053. PROPERTY OWNER/APPLICANT: CHL Ventures, LP. PROJECT PLANNER: Erin Walters. Chair Charles Erekson opened the public hearing. Associate Planner Erin Walters presented the staff report. Jeff Halbert, Applicant, commented that he is prepared to answer any questions. Commissioner Joanne Talesfore • Asked about the ATM lighting. Jeff Halbert • Commented that the lighting is 24 hours and is set by law. The light is directed down for security purposes. Commissioner Thomas O'Donnell • Asked for clarification on the ATM vestibule and the ATM room. Jeff Halbert • Commented that the ATM room services the exterior ATM and it is the interior of the ATM where they fill it with money. There is only one ATM machine that faces the exterior. The Planning Commission Minutes Page 7 June 26, 2013 internal ATMs in the vestibule are accessible after hours with an ATM card. This area is separated from the interior of the bank after hours with a gate. There are also ATMs inside the bank for use during banking hours. Chair Charles Erekson • Asked how many Chase locations are in the Town. Jeff Halbert • Commented that he is not certain of how many branches are in Town, but this is a new location. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Motion by Commissioner Joanne Talesfore and seconded by Commissioner Kendra Burch to approve Conditional Use Permit Application U-12-010 subject to the conditions as noted in Exhibit 3 of the staff report dated June 26, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated June 26, 2013. Commissioner John Bourgeois • Commented that during the development of the Planned Development, there was a lot of discussion about making sure that this center was neighborhood serving and it appears that we are off to a good start in accomplishing that goal. Motion carried 6-0 with Commissioner Marico Sayoc absent. Principal Planner Joel Paulson recited appeal rights. 4. 14595 Clearview Drive - Architecture and Site Application S-13-047. Requesting approval to install a safety barrier net for an existing golf course (La Rinconada Country Club) on property zoned RC. APN 409-31-001, 409-29-018, and 409-18-007. PROPERTY OWNER: Jack Leider/Maxine Leaider Nevin. APPLICANT: La Rinconada Country Club/Stan Prolo. PROJECT PLANNER: Jennifer Savage. Chair Charles Erekson opened the public hearing. Associate Planner Jennifer Savage presented the staff report. Stan Prolo, Applicant, gave a presentation on the proposed project. Chair Charles Erekson and Commissioner John Bourgeois commended the applicant for the analysis and for explaining the thought process in considering the alternatives. This is very helpful for the Commission when making decisions on applications. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Planning Commission Minutes Page 8 June 26, 2013 Motion by Commissioner John Bourgeois and seconded by Vice Chair Margaret Smith to approve Architecture and Site Application S-13-047 subject to the conditions as noted in Exhibit 3 of the staff report dated June 26, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated June 26, 2013. Motion carried 6-0 with Commissioner Marico Sayoc absent. Principal Planner Joel Paulson recited appeal rights. 5. 50 University Avenue, Space A285 - Conditional Use Permit Application U-13-004. Requesting approval to relocate a non-conforming formula retail apparel store (Chico's) within a shopping center to another commercial space that was 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: Chico's FAS. PROJECT PLANNER: Erwin Ordoñez. Chair Charles Erekson opened the public hearing. Commissioner Thomas O'Donnell and Vice Chair Margaret Smith recused themselves from this item because they each live within 500 feet of the proposed property and left the meeting at 8:04 p.m. Associate Planner Erwin Ordoñez presented the staff report. Commissioner Joanne Talesfore • Asked if the current Chico's sign will be transferred to the new site. Associate Planner Erwin Ordoñez • Commented that no signage is proposed as part of this application, but Chico's would have to apply for a new sign permit that would need to be consistent with the sign program of the center. Brian Sorlie, Amy Alameda, and Aileen Larson, Applicants, introduced themselves and gave a presentation on the proposed project, noting that there will be new, more contemporary signage at the new location. Commissioner Joanne Talesfore • Asked what stores Chico's has partnered with in its grassroots outreach. Aileen Larson • Commented that Chico's has worked with Los Gatos Roasting Company, Icing on the Cake, Everything Bundt Cakes, Willow Street Pizza, and The Mmoon. Chico's also partners with the History Club of Los Gatos with annual fashion shows for the Club's fundraiser. In 2011, the fashion show raised $10,000 for the Los Gatos Library. Planning Commission Minutes Page 9 June 26, 2013 Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Motion by Commissioner Joanne Talesfore and seconded by Chair Charles Erekson to approve Conditional Use Permit Application U-13-004 subject to the conditions as noted in Exhibit 3 of the staff report dated June 26, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated June 26, 2013. Commissioner Joanne Talesfore • Commented that she has visited the store and there is a lot of merchandise in that small space. Commissioner John Bourgeois • Commented that he has concerns about the density of formula retail and lack of diversity of retail use in Old Town. He wants to support successful local businesses and recognized Town Council’s recent direction regarding formula retail uses. Motion carried 4-0 with Commissioner Marico Sayoc absent, Vice Chair Margaret Smith and Commissioner Thomas O'Donnell recused. Principal Planner Joel Paulson recited appeal rights. NEW OTHER BUSINESS 6. Report from Director of Community Development a. Principal Planner Joel Paulson reported the following actions of the Development Review Committee: (1) On May 28 -- Approved a Conditional Use Permit for a minor restaurant at 15466 Los Gatos Boulevard. (2) On June 18 -- Approved Architecture and Site applications for 715 Bicknell Road for demolition of a single-family residence and construction of a new residence, exterior modifications to a commercial structure at 140 S. Santa Cruz Avenue, and approved a Certificate of Compliance application for three parcels at 60 Central Avenue. (3) On June 25 -- Approved an Architecture and Site application to demolish an existing single-family residence and construction of a new residence at 110 Drysdale Drive. Planning Commission Minutes Page 10 June 26, 2013 b. Principal Planner Joel Paulson reported the following actions of the Town Council: (1) On June 3 -- Approved the Albright Planned Development and Architecture and Site applications with modifications and certified the EIR (Environmental Impact Report). (2) On June 17 -- Adopted regulations relating to firearms. Land Use regulations for firearms is tentatively scheduled to come to the Planning Commission in August. c. Principal Planner Joel Paulson thanked Linda Rowlett for her service to the Commission and the Town as Recording Secretary. 7. Commission Matters a. Chair Charles Erekson reported that there will be two meetings in July and in August. b. Commissioner Joanne Talesfore asked if there will be a sign program for the Swanson Ford site applications and if the information will be relayed to the Commissioners. Principal Planner Joel Paulson responded that there will be a sign program for the Swanson Ford site and that information will be provided to the Commission when it becomes available. ADJOURNMENT Meeting was adjourned at 8:19 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, June 26, 2013 ___________________________________________ Charles Erekson, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Principal Planner