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Draft Mins 11.09.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 9, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, November 9, 2016, at 7:00 pm. MEETING CALLED TO ORDER Chair Badame called the meeting to order at 7:00 pm. ROLL CALL Present: Chair Mary Badame, Vice Chair D. Michael Kane, Commissioner Kendra Burch, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Tom O’Donnell Absent: None. PLEDGE OF ALLEGIANCE Commissioner Hanssen led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Items 2 and 3. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS Historic Preservation Committee Commissioner O’Donnell - The 11/9/16 HPC meeting considered one matter: - 414 University Avenue General Plan Committee Commissioner Hanssen - The 10/27/16 GPC meeting considered: - Potential amendments to the North 40 Specific Plan VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR 1. Approval of Minutes – October 17, 2016 and October 26, 2016 MOTION: Motion by Vice Chair Kane to approve adoption of the Consent Calendar. Seconded by Commissioner Hudes. VOTE: Motion passed 6-0-1 with Commissioner Burch abstaining. Page 2 of 8 Planning Commission Minutes November 9, 2016 PUBLIC HEARINGS 2. 140 S. Santa Cruz Avenue Conditional Use Permit Application U-16-005 APNs 510-45-064 and -065 Property Owner: Michael Mohr – Coo MetWest Properties, LLC Applicant: LG Hotel LLC D.B.A. Toll House Project Planner: Sally Zarnowitz Requesting approval for a modification to an existing Conditional Use Permit to allow entertainment on property zoned C-2:PD. Continued from 9/14/16. Chair Badame opened the public hearing. Sally Zarnowitz, Planning Manager, presented the staff report. Commission members asked questions of staff. Jim Gerney - Commented that he is the manager of the Toll House. Based on feedback from the September 14, 2016 hearing they reached out to the community and conducted a scientific sound study. Their intent is to create a level playing field with other businesses in the community, but they are hampered by the inability to have live music outside. Alex Salter - Commented that he did a sound study at the Toll House by setting up a simulated event and measuring noise levels in the courtyard and in the surrounding community. They found that it would be achievable to meet the town’s Noise Ordinance while having music in the courtyard, which they would monitor during events. Commission members asked questions of Mr. Salter and Mr. Gerney. Larry Lenhart - Commented that loud voices speaking above music would make an enormous difference in the decibel level. He said the Toll House has an outdoor open environment surrounded by concrete and open sides on each end, which creates a sound machine. The Conditional Use Permit was created to protect the neighbors from the noise, and the simple way to manage the process is to maintain the CUP. Commission members asked questions of Mr. Lenhart. Lori Forcier - Commented that she would have liked to receive the results of the sound study prior to the hearing, as it would have been an opportunity for the neighbors to get together and review the results. She has three small children with homework and 8:00 pm bedtime who would be affected by loud noise from the Toll House. Commission members asked questions of Ms. Forcier. Tom Richards - Commented that he echoed the comments of the previous speakers. No one has reached out to him or his wife, and they are concerned about the effect of loud noise on their child who goes to bed at 7:30 pm. Commission members asked questions of Mr. Richards. Page 3 of 8 Planning Commission Minutes November 9, 2016 Gail Randolph - Commented that the suggested CUP changes are inappropriate, as the use of the property was settled 20 years ago and nothing has changed in the neighborhood since. They applicant has not abided by the current CUP, which is why there is a lack of trust that they will keep their word. Michael Verga - Commented that neighbors he has spoken to do not want the CUP to be changed. The Toll House is not in compliance with their CUP, with the seating restrictions, and restrictions that do not allow banquets, receptions, and conferences. The former Council members who implemented the CUP maintained there is no way the Toll House and the restaurant would be separated, that they are one entity. Gillian Verga - Commented that nothing has changed since the last meeting. Although a sound test was done, its reliability is questionable. No neighborhood outreach was done. The neighbors still oppose a CUP change. The Toll House is still violating its CUP terms by holding events on their patio on a regular basis. Commission members asked questions of Ms. Verga. Rod Teague - Commented that he is a musician and empathizes with the residents. He has noticed that percussion causes problems with neighbors and leads to more complaints when it is loud. However, he thought there could be solutions that would still allow music to be played, such as banning loud symbols or large drum kits. Commission members asked questions of Mr. Teague. Jim Gerney - Commented that everyone agrees a live band is different than a DJ or cellist, but he thought they could find a compromise by monitoring and measuring the sound during events, using a DJ, not have percussion with a live band, and keeping the music acoustic. Perhaps they could have done better neighborhood outreach, but they did try to reach people with the letters, and on the night of the event during which the sound study was done he was outside on Broadway talking to people. Commission members asked questions of Mr. Gerney and Mr. Salter. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Commission members discussed the matter. MOTION: Motion by Commissioner Erekson to deny modification of Conditional Use Permit Application U-16-005. Seconded by Chair Badame. Commission members discussed the matter. Commission members asked questions of staff. VOTE: Motion failed 2-5 with Vice Chair Kane and Commissioners O'Donnell, Burch, Hudes, and Hanssen opposing. Page 4 of 8 Planning Commission Minutes November 9, 2016 MOTION: Motion by Vice Chair Kane to recommend Town Council approval of Conditional Use Permit Application U-16-005 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated September 14, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated September 14, 2016. Subject to the revised recommended conditions as noted in Exhibit 12 of the staff report dated November 9, 2016, and plans and photographs as noted in Exhibit 6 of the staff report dated September 14, 2014. Also subject to additional Conditions of Approval as noted by Vice Chair Kane and Commissioner Hudes. Seconded by Commissioner Burch. VOTE: Motion failed 2-5 with Chair Badame and Commissioners Hudes, O'Donnell, Hanssen, and Erekson opposing. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 140 S. Santa Cruz Avenue to the meeting of January 11, 2017. Seconded by Commissioner Hudes. VOTE: Motion passed 6-1 with Vice Chair Kane opposing. Chair Badame indicated the Commissioner Burch would be excused for the remainder of the meeting. 3. 16362 Hilow Road Architecture and Site Application S-16-011 APN 532-04-082 Property Owner/Applicant: Valy Jalalian Project Planner: Susie Pineda Requesting approval to construct a new single-family residence on property zoned R-1:8. Chair Badame opened the public hearing. Joel Paulson, Community Development Director, presented the staff report. Commission members asked questions of staff. Mike Brown - Commented that the 2-2-5 method is meant as a guideline, not a rule, and the two-story home next door was not included in the 2-2-5 guideline because it resides in the county. They have now reduced the size of the garage and cellar. They will keep the trees in front to provide screening. They also raised the bathroom window sill and will use obscure glass to ensure privacy for the neighbors. Their soils engineer states there are no drainage issues connected to this project. Commission members asked questions of architect Daryl Fazekas and Mr. Brown. Jason Halladay - Commented that he and his wife support the project. The size of the home is appropriate relative to the other two-story homes on Hilow Road and does not overpower the existing homes in the neighborhood. The applicant has done a great job in working with the neighbors to address their concerns. A two-story home is important in order to have a large enough back yard for children to play. Page 5 of 8 Planning Commission Minutes November 9, 2016 Shawn Carroll - Commented that he lives one street over from the project. He does not support the proposed project, because it is too large and doesn’t belong in the neighborhood. Lainey Richardson - Commented that she does not support the project because of the home’s mass, scale, height, and abuse of the Cellar Policy, meaning the project does not fit into the immediate neighborhood as defined by the Residential Design Guidelines. She asked for a design that does not impact the neighbors and would not set a precedent. William Schautz - Commented that he appreciates that the applicant is investing in Los Gatos by developing a beaten down and empty lot. The proposed home fits into the neighborhood and Los Gatos, which has many different types of homes built to different sizes. Jeanne Driedger - Commented that she lives directly behind the proposed project, and if built, the proposed home would look into her living room, back bedrooms, and entire back yard. What is to prevent future owners of the proposed home from removing the obscured glass and installing clear windows? Alternatively, a large one-story home would provide privacy for her and the other neighbors. Jim Fox - Commented that he and his wife are Ms. Driedger’s neighbors, and although he would only see the roof of the proposed home from his house, he is there in support of her. He recently had a large two-story home built nearby, which they did not protest because they didn’t realize the impact it would have until it was built; it now looks directly into their back yard, and lights from the home shine into their bedrooms. Commission members asked questions of Mr. Fox. Ehab Youssef - Commented that many people in the community appreciate a two-story home, because it allows for more room in the back yard for their children to play. The applicant has taken measures to mitigate the neighbors’ concerns, however, reducing a two-car garage so that someone has to park on the street is not the best decision. Bill Wagner - Commented that he and his wife live in a one-story home immediately south of the subject site and would be significantly impacted by the proposed project. They already have a large two-story home behind them and fear that another two-story home immediately next to them would overwhelm their home. The applicant has not done much substantively to better comply with the Residential Design Guidelines. Debora Wagner - Commented that the applicant has made only minor changes that do not address their privacy issues. There are now 11 windows and two doors facing their three bedrooms and two bathrooms. The proposed home with the cellar included is massive at over 6,000 square feet. The Residential Design Guidelines was crafted to ensure that homes are compatible with the neighborhood and to protect existing residents. Commission members asked questions of Ms. Wagner and Mr. Wagner. Page 6 of 8 Planning Commission Minutes November 9, 2016 Cynthia Schneider - Commented that the applicant has made no changes to the above-grade floor area ratio, nor addressed concerns regarding views, privacy, and mass and scale, and asked the applicant to design a home that fits into the immediate neighborhood. The Residential Design Guidelines must be applied equally and with concern for the residents and neighbors. Commission members asked questions of Ms. Schneider. Perry Hariri - Commented that he and his wife are immediate neighbors to the subject site. With respect to the 2-2-5 guideline, 14 out of the 39 homes on their street are two stories. He agreed with Council Member Jensen’s comment that 2-2-5 is one element, but they need to look at the overall neighborhood, which is clearly mixed. Many families are buying homes on the street and would like two-story homes so they can have larger back yards. Kristen Hariri - Commented that the proposed project has DRC approval and the support of the town’s consulting architect. Two-story homes are not necessarily bad. Hilow Road is very busy and they do not want their children playing in the front yard, so they would support a two-story home on their street, as do many other people on Hilow. The proposed home would be a great addition to the neighborhood and would not destroy it. Gerry Edwards - Commented that he supports his neighbors who oppose the proposed development on the grounds that the size and scale are inappropriate. The continued development of such large homes is adversely changing the character of the neighborhood. Commission members asked questions of Mr. Edwards. Lucille Weidman - Commented that the house is too massive for its parcel of land and would set a precedent for future homes in the neighborhood. A one-story home with a cellar is more in line with the look and feel of the neighborhood. If large two-story homes continue to be built, there will be no smaller homes in the future for people to scale down to when they get older. They are losing their family neighborhoods. Commission members asked questions of Ms. Weidman. Sandy Decker - Commented that the incompatibility of this project is evident in the Residential Design Guidelines, which state that changes should be in a manner that is respectful of the scale, texture, and character of neighborhoods and their natural settings. This house shows no relation to this predominantly single-story neighborhood. The neighborhood residents must not be disregarded as developers come in to scrape the one-story profiles and turn the neighborhood into a bloated, view blocking, unaffordable tract of McMansions. Rod Teague - Commented that he is the founder of Town Not City. Los Gatos has become a speculative town and operates in extremes with no middle ground. Speculative environments inflate and degrade the community, so he hopes for a happy medium for the residents and the applicant. Shannon Susick - Commented that no changes have been made in the above-grade living space since the Commission’s last hearing, nor has the applicant worked with the immediate neighbors. The same issues, such as bulk and mass and use of the cellar, have been brought back again, because they haven’t been addressed. Page 7 of 8 Planning Commission Minutes November 9, 2016 Commission m embers asked questions of Ms. Susick . Mike Brown - Commented that many members of the immediate neighborhood support the project. The applicant lives in Los Gatos and is a small developer who builds carefully and thoughtfully. Hilow Road is a street in transition from one-story to two-story homes. They have done as the Town Council requested and reduced the size of the garage and cellar, but they were not asked to address the bulk and mass, or the second story. The applicant has met the town’s requirements with a Craftsman style home that fits into the neighborhood. Valy Jalalian - Commented that the town’s consulting architect approved his project. They have respected and followed all the guidelines. Commission members asked questions of Mr. Jalalian and Mr. Fazekas. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Commission members discussed the matter. MOTION: Motion by Vice Chair Kane to deny Architecture and Site Application S- 16-011. Seconded by Commissioner Hanssen. Commissioner members asked questions of staff. VOTE: Motion passed 4-2 with Commissioners Erekson and Hudes opposing. Community Development Director Joel Paulson cited the appeal rights. OTHER BUSINESS 4. Report from Community Development Director, Joel Paulson • Town Council met 11/1/16; approved the Wine Cellar application. • The GPC will meet 11/17/16 to continue the discussion of the Town Council’s suggested amendments to the North 40 Specific Plan. 5. Commission Matters None. ADJOURNMENT Meeting adjourned at 11:09 pm. Page 8 of 8 Planning Commission Minutes November 9, 2016 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, November 9, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director