Draft Mins 12.13.17
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/10/2018
ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
DECEMBER 13, 2017
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, December 13, 2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Tom O'Donnell, Vice Chair D. Michael Kane, Commissioner Mary Badame,
Commissioner Kendra Burch, Commissioner Melanie Hanssen, Commissioner Matthew Hudes,
and Commissioner Kathryn Janoff
Absent: None
PLEDGE OF ALLEGIANCE
Commissioner Hanssen led the Pledge of Allegiance. The audience was invited to participate.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Hudes
- HPC met 12/13/17 and considered six items:
• 223 Massol Avenue
• 15310 Suview Drive
• 19 Hernandez Avenue
• 236 Edelen Avenue
• Reviewed Local Government Annual Report
• Reviewed guidelines on preservation and rehabilitation
VERBAL COMMUNICATIONS
Angelia Doerner
- The traffic study for the Shelburne/Winchester project, which was approved by the Town
Council, refers to 975 University as a comparable property, but a county plat indicates that
975 University is a huge space in the middle of the parking lot, which is why the parking lot
seems to have extra spaces. Also, the building is single-story and spread out.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – October 25, 2017
2. Approval of Minutes – November 8, 2017
3. Adoption of the 2018 Planning Commission Meeting Schedule
MOTION: Motion by Commissioner Badame to approve adoption of the Consent
Calendar. Seconded by Commissioner Burch.
VOTE: Motion passed unanimously
PUBLIC HEARINGS
4. 16666 Topping Way
Architecture and Site Application S-17-11
APN 532-09-018
Property Owner: Arthur Lin
Applicant: Dennis Norton Design
Project Planner: Sean Mullin
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence on property zoned R-1:8.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Dennis Norton
- The neighborhood is changing and unique, because many of its homes have been built to
county standards. They have reduced the mass by lowering the ceiling heights. The home
next door, also within the Town limits, also has a three-car garage. Their site is surrounded
by two-story structures comparable to the size of this home. They have met all the zoning
criteria, setback, massing, and height requirements. They have the full support of their
Topping Avenue neighbors.
Angelia Doerner
- The Town Council met the previous evening and discussed annexation initiatives and the
impetus to annex everything right now instead of the requirements the Town has when a
site is developed.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
Karen Krawez
- They recently purchased a home on Marchmont and are disturbed by the project. They
were not notified about the development or any meetings, and the same goes for other
residents on Marchmont. She has written letters to the Planning Commission, but the
developer has never approached them about their concerns.
Nick Besbeas
- He lives at 16667 Marchmont and agrees with Ms. Krawez with respect to process. His
three issues with the home are the proximity of the home to the property line in the rear;
the garage having an opening to the back yard, directly in line with his home; and proximity
of the second floor windows that look into his house and back yard.
Brian Krawez
- There are very few examples in the neighborhood of a two-story home facing another two-
story home, such as in this case, and the ones that are have very large trees between them,
which they cannot grow to shield their home from the proposed development.
Dennis Norton
- Their house is double the required distance from the property line with the neighbors. It is
11 feet from any of their home’s lower windows to the neighbor’s house. Their house has
less glazing than the two neighboring houses that would look down on them. Their design
would not intrude upon the neighbors’ privacy, and they are not asking for anything that
those neighbors don’t already have themselves.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to continue the public hearing for
16666 Topping Way to the meeting of February 14, 2017, with
consideration of direction provided by the Planning Commission.
Seconded by Commissioner Hudes.
VOTE: Motion passed unanimously.
5. 401 to 409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-001
APN 529-23-018
Property Owner: CWA Realty
Applicant: Shane Arters, LP Acquisitions, LLC
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
Project Planner: Jennifer Armer
Requesting approval to demolish three existing office buildings and construct a new,
two-story office building with below grade and at grade parking on property zoned CH.
It has been determined that this matter may have a significant impact on the
environment and an Environmental Impact Report (EIR) has been prepared as required
by the California Environmental Quality Act (CEQA).
Commissioner Badame indicated that she would recuse herself from participating in the
public hearing for 401 to 409 Alberto Way, as her residence is within 300 feet of the project
site.
Jennifer Armer, Associate Planner, presented the staff report.
Opened Public Comment.
Daniel Kirby
- They have addressed points made at the October 3rd Town Council meeting by reducing the
square footage of the building; setting the design back significantly from the north property
line to create open space, a larger buffer between it and the property to the north, and to
create a view corridor; shifting the entry to the left to give the building more symmetry;
reducing parking based on the reduction of square footage; reducing the overall volume of
the building and parking garage; and increasing the size of the street trees.
Sergey Melnik
- He lives at 420 Alberto Way. He requested that the Planning Commission request drilling a
new boring during the winter/spring timeframe between January 1st and March 31st, on the
north end of the property to discover the actual depth of the water, because that is related
to the garage and how deep it can be.
Thomas Dunn
- It is the responsibility of the town leaders and citizens to preserve the small town character
and integrity of the neighborhoods. He is not opposed to development, but they must
remain vigilant about monitoring proposed developments that threaten the public safety
and quality of life. This project is too large, does not fit into the neighborhood, will obscure
the view of the mountains, and would bring additional traffic.
John Mittelstet
- He is a resident of Los Gatos Commons and proposes a compromise that the developer
builds in the proposed style, but only what can be supported by a single-level underground
parking garage. A two-level parking garage subjects neighbors to great risk of property
damage with foundation settlement, cracked slabs, and broken plumbing and sewer lines
due to soil subsidence.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
Loretta Fowler
- She represents the Los Gatos Commons. They object to the reduced size alternative of
74,260 square feet presented in the Draft EIR, which was not derived from any objective or
quantitative analysis. The redesign does not address their most important concerns, which
are that the building is very large, is straight and monotonous and not compatible with
buildings on Alberto Way, and blocks their view corridor on the north part of the site.
Marietta Riney
- She represents the Los Gatos Commons. They oppose a two -level underground garage.
Geologists ENGEO ignored the General Plan policy calling for assessment of the effects of
excavation on neighboring properties. The Commons’ own expert, Dr. Peter Geissler,
advised against a two-level garage built below the water table, saying it would put the
neighboring properties at risk and that a one-level garage would pose significantly less
problems for the neighbors.
Marilyn Basham
- She represents the Los Gatos Commons. The redesign has some positive feat ures, but they
only affect a small number of people. Major changes that need to happen in order for there
to be a win-win for the developer and the residents are reduce the square footage to
between 55,000 and 63,000 square feet, not 74,260 square feet; a one-level underground
garage, not two levels; and protect the existing public views of the Santa Cruz Mountains
with an 80 foot setback on the north property line.
Jean Jones
- She lives at 443 Alberto Way, and is president of the Los Gatos Commons HOA. The
residents of Alberto Way have submitted a petition to the Planning Commission with the
following three principles: A building less than 62,000 square feet; the underground garage
one level, or all above ground, if possible; protect the existing view of the Santa Cruz
Mountains from the west sidewalk; and there has been no objective study as to how this
proposed building would affects businesses in Los Gatos.
Carol Rosenberg
- She resides at the Los Gatos Commons and is on the board of directors. The senior
community on Alberto Way is half of the adult population on that street. She asks that the
General Plan policies regarding seniors be followed. Most of the seniors either have no
view or have lost their view, so they enjoy walking up Alberto Way for a view of the
hillsides, ridgelines, and mountains, which would be obscured by the proposed building.
Also, anticipated traffic delays could cost lives if emergency vehicles are impeded.
Kalane McDonald
- She lives at the Los Gatos Commons and is on the board of directors. The introduction of
additional vehicles on Alberto Way during the AM and PM rush will negatively impact the
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
neighborhood. This narrow dead-end street is not an appropriate spot for a huge office
building, and she does not believe the Hexagon Transportation study correctly
characterized the problems.
Harold Vitale
- He is a resident at Los Gatos Commons and on the board of directors. He requested the
proposed project be rejected due to three flaws: the two -level underground parking
garage, congested traffic, and credibility of the plan.
Beverly Bryant
- She supports the application. She walked the site and looked at the story poles and the
condition of the current building, which is well beyond its useful life. Los Gatos has limited
office space and this is one of the few sites in town still available for that, and the fact that
it is a 74,000 square foot building is important, because Class A office is important , and to
get the tenants the building has to be a certain size.
Craig Steen
- Highway 9 and Los Gatos Boulevard, and then Alberto Way, backs up in the mornings and
afternoons, and to add more traffic to this area does not make sense. It is also dangerous
for pedestrians in that area because Highway 17 traffic comes through there and adding
more traffic would make it even worse. Compounding all of this is the fact that state
legislators have championed high-density growth and limiting public input.
Sherry Burke
- She lives at 420 Alberto Way, directly across from the proposed development. The
development is still too massive for the site and would overwhelm the neighborhood. The
project would create a traffic nightmare, because this location is close to a part of the
freeway that is a bottleneck, and the surface streets from the freeway to the development
are also bottlenecked many times of the day.
Bob Burke
- He asked the Commission only approve a design that does not hugely deteriorate their
quality of life on Alberto Way. The current design does not conform to the General Plan
and Commercial Design Guidelines, and the environmental impacts have not been
addressed.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
Randi Chen
- She represents the Los Gatos Chamber of Commerce (COC). She supports the project and is
in favor of adding Class A office space to the location, which is badly needed in Los Gatos
and is a permitted use for this lot. When the COC surveyed the downtown businesses and
its members, 90 percent of the respondents supported the project. The COC believes this
project is a good beginning in revitalizing the surrounding areas.
Dickson Fang
- He is a resident of the Los Gatos Commons. He is confused and bothered by the dog park
added to the third iteration. This is a prestigious Class A building, and a dog park would
drive dog owners there where there is already bad traffic. He does not understand the real
motive and intention of the dog park.
Melanie Kemp
- She lives at the Bella Vista townhomes at the end of Alberto Way and is the spokesperson
for those 47 townhomes. There is a lot of support from the project’s neighbors for reducing
the size, scale, and mass of the building and to specifically reduce some of the traffic
coming from this building. The developer continues to offer “cookies” in the form of a
community bus, picnic tables, and now a dog park, all which will not be used by the
community. They support a reasonable Class-A building, and believe the one-level parking
garage should be investigated.
Lewis Darrow
- He lives on Alberto Way. All the neighbors want development, but they want smart
development. The complaints have been adding to already horrendous traffic, adding a
huge mass on a one-way in street with a lot of seniors who require special services, and
blocked views. The neighborhood would get no benefits from this new building.
Daniel Kirby
- He appreciates that so many neighbors desire Class-A development, but pointed out that
the neighbor-suggested alternative of two buildings and 56,000 square feet is not an
economically feasible Class-A development and there is no developer that would build that
type of project on this site. A single-level garage on this site is also not feasible in order to
support the square footage of the project. Their firm has designed numerous underground
garages that go into the water table, and it is common. The revised design preserves the
views over the top of the building, and they have created a more generous view corridor on
the north side of the property. They are adding far less than the 300 additional cars that
are being spoken of. The dog park was suggested during the Town Council meeting , but
they do not have to build it, and could build whatever amenity space neighbors think is
appropriate.
Closed Public Comment.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2017
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to continue the public hearing for 401 to
409 Alberto Way to the meeting of January 10, 2018 to allow for
additional questions of the applicant. Seconded by Vice Chair Kane.
VOTE: Motion passed unanimously.
OTHER BUSINESS
6. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met 12/5/17; were unable to get to visibility and continued to 12/19/17;
began discussing fences and continued to a date uncertain; began discussing ADU
Ordinance amendments and continued to January; and conducted a review of the Toll
House.
• Town Council met 12/12/17; reviewed strategic priorities.
• At the Planning Commission’s first meeting in January they will elect a chair and vice
chair.
ADJOURNMENT
The meeting adjourned at 11:28 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
DECEMBER 13, 2017
APPROVED AS TO FORM:
_____________________________
Joel Paulson
Community Development Director
Prepared by
_____________________________
/s/ Vicki Blandin