Loading...
Attachment 03LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Tom O'Donnell, Chair D. Michael Kane, Vice Chair Mary Badame Kendra Burch Melanie Hanssen Matthew Hudes Kathryn Janoff Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 3 LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR O'DONNELL: So we move to the first and only public hearing, 202 University Avenue, and I’d ask for a Staff Report. SEAN MULLIN: Thank you. Good evening, Commissioners. Before you tonight is a request for a General Plan Amendment and a zone change at 202 University Avenue. The General Plan Amendment would be from Office Professional to Medium Density Residential, and the zone change would be from Office with Landmark and Historic Preservation Overlay to Single Family Residential Downtown, and would continue with the Landmark and Historic Preservation Overlay. The General Plan Committee reviewed the requested General Plan Amendment in September of this year. This committee forwarded a recommendation of approval to the Planning Commission and the Town Council. The proposed General Plan Amendment and zone change would be consistent with the pattern of land use and zoning in the surrounding neighborhoods, additionally replacing the existing Office LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 use with a Single-Family Residential use, which would reduce the parking requirements and traffic generated by the property. For these reasons and the analysis provided in the Staff Report, Staff recommends that the Planning Commission make the required findings in Exhibit 2 of your Staff Report and forward a recommendation of approval to the Town Council. This concludes Staff’s presentation and we are available to answer any questions. COMMISSIONER O'DONNELL: Mr. Mullin, I forgot to mention your name, and the Vice Chair chastised me for that, so thank you, Mr. Mullin. SEAN MULLIN: I appreciate that. COMMISSIONER O'DONNELL: It was very important. SEAN MULLIN: Thank you. COMMISSIONER O'DONNELL: Are there any questions? Yes, Commissioner Hanssen. COMMISSIONER HANSSEN: I just had one question that I did not ask when we had our General Plan meeting. The current tenants—they are tenants in the house, the law offices that are there now—if this is approved, the owners are leasing to the tenants and they wouldn’t be in compliance with our zoning, but I’m sure it’s just a timing LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issue, I don’t think it impacts a decision, but I just wanted to know how the timing would play out on that. SEAN MULLIN: Sure. It’s my understanding that the law offices are no longer operating out of that location, but there is a therapist working there. The Applicant can provide some clarification on that. Regarding the timing, both Exhibit 4 and Exhibit 3 of your Staff Report include a conformance with zone condition that states that the existing office use shall cease within two years of adoption or approval. This would allow the owners of the property to fulfill the lease requirements for their tenant and then transition it over to a residential when they’re available. COMMISSIONER HANSSEN: Okay, thank you. SEAN MULLIN: You’re welcome. COMMISSIONER O'DONNELL: Other questions? If not, I’ll ask the Applicant, Ms. Wiersema—it’s the second time I’ve seen her today, and it’s my pleasure—would you make your presentation? BESS WIERSEMA: Good evening, Commissioners. I’m not sure I’ve ever been here when there’s this few people and everyone is all giddy, because we might get out of here before 9:00 o’clock. Don’t jinx it, right? Trust me, LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commissioner Kane, I’m not nearly as chatty as you are, and I mean that in the kindest of ways. Before you today we bring a project that we’d like to actually return to the housing stock in compliance with the General Plan for the Town, and then also we are very interested in maintaining its historical character status, et cetera. I’m sure you’ve all been by it; it’s a corner property. It’s currently zoned Office Professional. We are interested in zoning it to the R1-D:LHP Medium Density Residential with the Historical Overlay. As noted in the asterisk, we do want to maintain the current lease agreement, which is currently through December 2018, however, the ordinance allows us to take that two-year timeframe to do so. I would respectfully ask that that be considered and potentially be a part of any sort of conditions of approval. As you know, it takes a while to get through the process here in Los Gatos, whether that’s the Planning Department, the Historical Committee, or you yourselves, and I’d like to be able to take that two-year timeframe so that the owner can maintain at least their current lease through the end of December 2018, if not further, two years LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 post today’s date, or however that actually works. Sean, you can perhaps state more about that. To clarify, Commissioner Hanssen, there is a mental health counselor, kind of a therapist, that’s occupying the spot today. It was previously occupied by a lawyer’s office that had that cutesy sign out front forever it feels like, and in the historical paperwork we did provide when it was last occupied as a single-family residence. It’s pretty clear when you drive by that this was a single-family residence downtown. We are interested in returning it to be that, and this just steps through what we’re interested in doing, changing the zoning and maintaining the Historical District. Obviously, I can’t change the year built. Lot area remains the same. Coverage in an R1-D:LHP is unlimited. Parking space is moved from the five stripped stalls that you see there today to two residential spaces. We are hoping to provide a detached two-car garage on this property. Allowed floor area. Currently we’re sitting at 2,163. The allowed floor area is 2,163, and a 613 square foot garage. LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FAR as calculated, just so you guys know that we did our math correctly per the charts when we turn to an R1-D. So a 2,000 square foot home, plus or minus, and a 600 square foot garage. Two thousand, one hundred and sixty three for a single-family home on the property. As you know, we are located in a historical District, and if you look at the neighborhood analysis that we provided you, you can see that everyone in our immediate neighborhood is actually a single-family residence, which I think also attributes to us returning in that direction. Here are some current pictures of some of the homes, most of which obviously have a Victorian inspired aesthetic as their overall structure design. So just some surrounding neighborhood pictures in case you haven’t been by. Existing house. There is some kind of neat Italianate Victorian character to this home, which we do intend on preserving. The Town approved the existing Office use in 1978, so that would be the last time that I think anyone probably used it as a single-family residence. Side views from Miles Avenue. Back views with the asphalt wonderland parking lot. LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Site plan. You can see that it’s kind of got that typical single-family residence, which we’re trying to maintain. Existing floor plan of the house. Even though this has been used as an office there are kitchen cabinets here, and there is a full bathroom with a shower here. You can see that the floor plan actually has remained as is for a single-family residence versus office use. Existing elevations. Front elevation and Miles Avenue elevation. Nice tight little Italianate Victorian home. Back elevation and side elevation. Some of the things that have changed on this property are obviously some ADA compliant ramps here to get the office use going on, completely not in character with the rest of the house, but I think we intend on changing all that. A sneak peek at what we hope to bring to the Town in terms of restoring this home to its corner lot caliber and Italianate Victorian single-family residence. That’s it. I don’t have a long-winded presentation today or trying to defend anything. COMMISSIONER O'DONNELL: All right, we’ll entertain questions. Before we do that, I just want to establish, has everybody visited the property? And that’s a yes from everyone. Vice Chair Kane. LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: I visited the property today and was given permission by the tenant to make a close walk-around. It’s a pretty large window, so I wanted them to know who I was. Could you put your proposed slide back up, please? BESS WIERSEMA: I knew this was danger-danger for me to include proposed. VICE CHAIR KANE: No, it depends. See, at first glance that relieves some of my concerns about what might happen in the future. The house is tired and shows a lot of wear and tear, and clearly the word that comes to mind is “restoration” as opposed to any four-story apartment building. This is pretty much what you are thinking? BESS WIERSEMA: Yes, it’s the intent of our client to return it to a single-family home for them to reside in, not to rent out. They do intend on keeping it single-story and requesting to do a two-car detached garage in the back corner of the property. VICE CHAIR KANE: I looked at the floor plan and it seemed as though if you were in one bedroom you had to go through the other bedroom to get to the bathroom. How much internal work are you anticipating? Would you add a bath? LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BESS WIERSEMA: Yes, we intend to remove this bathroom back here and kind of wedge it over here in between these two rooms. The intent is to have a three- bedroom, two-bathroom home. We will make use of the existing cellar for mechanical and storage for the home, and then extend out the back into where the parking lot area is to create a great room/family room, and opening up this area that’s very constricted and convoluted into a kitchen/family room. VICE CHAIR KANE: And you would take off the ramps? BESS WIERSEMA: The ramps would be leaving. VICE CHAIR KANE: And you’d repair the front porch? BESS WIERSEMA: Front porch would be repaired. COMMISSIONER O'DONNELL: Could I just interrupt for one second? I’d like some clarification from either the Town Attorney or Staff. We’re not approving the house, or we’re not improving the interior, all we’re doing is changing the zoning. You will have an opportunity to come back later, I assume, and get approval for any changes you’re going to do there. To Staff, is that correct? JOEL PAULSON: That’s correct. LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Okay, so whatever she tells us now, we have to understand we cannot… Not that she wouldn’t be telling us the truth, she is, but she’s not held to that, so if you want to pursue that, go right ahead. VICE CHAIR KANE: That’s exactly what I was doing. COMMISSIONER O'DONNELL: It doesn’t bind. VICE CHAIR KANE: The speaker brought it up when she went into the (inaudible). COMMISSIONER O'DONNELL: It doesn’t bind. If you want to talk about what she might do, go ahead. ROBERT SCHULTZ: In reality, what the property is going to look like is not the issue. The issue is whether the zoning fits in with the surroundings and the neighborhood and is a correct fit changing from Commercial to Residential. For example, once you make this change someone else could buy this lot and propose anything on a residential. It would have to go through our historical and through the proposals, but certainly you can ask questions of the Applicant. VICE CHAIR KANE: You understand my intent. It’s a gem, and I wanted to protect it as best I could. Thank you. LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Other questions? If not, we have no other cards, so I guess it would be a time just to say did you forget something that you’d like to add now? BESS WIERSEMA: Thank you. It is our intent to make it a single-family home and maintain its historical status. COMMISSIONER O'DONNELL: All right, thank you. I will close the public input to this public hearing, and Commissioner Badame, you had your hand up. CHAIR BADAME: I thought Staff summed it up really well on page 4 under their summary, that it would be consistent with the pattern of land use in this neighborhood, so to me this is one of the easiest decisions that I’ve had to make this year in that I would be in support of forwarding a recommendation of approval to the Town Council. COMMISSIONER O'DONNELL: Is there a second? Commissioner Burch. COMMISSIONER BURCH: If that was a motion, I’m seconding it. COMMISSIONER O'DONNELL: I took it as a motion. CHAIR BADAME: I put that into a motion. That is a motion. I move to forward a recommendation of approval for General Plan Amendment Application GP-17-002 and Zone LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Change Application Z-17-001. I can make the required findings for CEQA, and I can make the required consistency with the Town’s General Plan. COMMISSIONER O'DONNELL: Okay, and that’s the second to that. COMMISSIONER BURCH: So moved. COMMISSIONER O'DONNELL: Does the Town Attorney have something you want to add? ROBERT SCHULTZ: Just as clarification to the question of the grandfathered use, it will be implemented if the recommendation is set by Council; it changes immediately, and then it becomes really a nonconforming use for those two years where it’s allowed to continue. COMMISSIONER O'DONNELL: Let’s clarify that, too. As I understand it from Mr. Mullin, I don't know whether it’s Town policy or whether it’s in the ordinance, or whatever it’s in, but apparently they have two years in which to (inaudible). ROBERT SCHULTZ: It’s a condition. COMMISSIONER O'DONNELL: Pardon me? ROBERT SCHULTZ: It’s actually a condition in the… LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Okay. So that’s there and you intended those conditions to be incorporated, and you did, I think? CHAIR BADAME: Yes, I would like that to be incorporated into my motion. COMMISSIONER O'DONNELL: Okay. Any other comments or questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I only wanted to comment that when we heard this at the General Plan Committee, not only was it approved as noted in the Staff Report, but it was unanimously approved. I think everyone on the committee, since there is no video recording, felt that it was…mentioned items of the General Plan that made this very consistent in terms of a use change. COMMISSIONER O'DONNELL: Thank you. Other comments or questions? Commissioner Hudes. COMMISSIONER HUDES: I’m in support of the motion, and I would commend the resident and the Applicant on the approach for this property. Land Use-1 says to, “Preserve, promote, and protect the existing small town character and quality of life within Los Gatos,” and I think that this is exemplary of that. There are a lot of land use goals in the General Plan. This one is the first one that comes up, and it’s, I think, a very important one, LOS GATOS PLANNING COMMISSION 10/25/2017 Item #2, 202 University Avenue 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and this was obviously a residence that was sort of an office, but it was always more of a residence in appearance than an office anyway, so I think it’s a good thing for the property, a good thing for the Applicant, and a good thing for the Town. COMMISSIONER O'DONNELL: Thank you. Any other comments or questions? If not, I’ll call the question. All those in favor, say aye, please. It’s unanimous. May we have your comments? JOEL PAULSON: There are no appeal rights since this is a recommendation, so it will be set at the pleasure of the mayor on the Town Council meeting, and then we will notice it appropriately and go through the remainder of the process. COMMISSIONER O'DONNELL: Thank you very much.