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Draft Mins 12.14.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 14, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, December 14, 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 Hudes led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Item 6. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS Historic Preservation Committee Commissioner Kane - The 12/14/16 HPC meeting considered one matter: - 17250 Pine Avenue General Plan Committee Commissioner Hanssen - The 11/17/16 PDSC meeting: - Completed review of North 40 Specific Plan potential amendments VERBAL COMMUNICATIONS (AUDIENCE) John Shepardson - Commented that 39.6 percent of the Town’s expenditure budget is for its large police force and pensions. How will the Town address its looming financial problem? He suggests an ad hoc committee be set up to address it, in part by decreasing the police budget. Commission members asked questions of staff. CONSENT CALENDAR 1. Approval of Minutes – None 2. Adoption of the 2017 Planning Commission Meeting Schedule Page 2 of 7 Planning Commission Minutes December 14, 2016 MOTION: Motion by Commissioner O’Donnell to approve adoption of the Consent Calendar. Seconded by Commissioner Burch. VOTE: Motion passed 7-0. PUBLIC HEARINGS 3. 15565 Camino Del Cerro Subdivision Application M-16-007 Architecture and Site Applications S-16-045 through S-16-047 APN 523-23-094 Property Owner/Applicant: Camino Del Cerro Holding LLC Project Planner: Jocelyn Puga Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots, and construct three new single-family residences on property zoned R-1:8. Chair Badame opened the public hearing. Jocelyn Puga, Associate Planner, presented the staff report. Commission members asked questions of staff. Melissa Leet - Commented that in a four-block radius of the subject site there are 16 homes greater than 3,000 square feet, and the average square feet of their three homes compared to that of the 16 homes was 60 square feet smaller. The average floor area ratio of their three homes, at 19 percent, compared to that of the 16 homes, at 37 percent, was significantly smaller, because their lots are significantly larger. Doug McBeth - Commented that with respect to privacy between the proposed homes and the neighbors, the windows on the sides of their homes are primarily clerestory with sills that are high. There are very few instances of windows that look into neighbors’ windows to ensure light and ventilation, and in those instances they would provide screening trees, since these homes have large side yards. Commission members asked questions of Mr. McBeth and Ms. Leet. Commission members asked questions of staff. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. MOTION: Motion by Commissioner O’Donnell to approve Subdivision Application M-16-007 and Architecture and Site Applications S-16-045 through S-16- 047 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated December 14, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated December 14, 2016. Subject to the development plans contained in Exhibit 14. Seconded by Commissioner Burch. VOTE: Motion passed 6-1 with Vice Chair Kane opposing. Page 3 of 7 Planning Commission Minutes December 14, 2016 Community Development Director Joel Paulson cited the appeal rights. Chair Badame indicated that she would recuse herself from participating in the public hearing for Item 4 because she lives within 500 feet of the subject property. 4. 360 Bella Vista Avenue Architecture and Site Applications S-15-053 and S-15-054 APN 529-22-038 Property Owner: John Brady Applicant: Michael Black Project Planner: Jocelyn Puga Requesting approval to demolish an existing two-family residence and construct two new single-family residences on property zoned R-1:8. Vice Chair Kane opened the public hearing. Jocelyn Puga, Associate Planner, presented the staff report. Commission members asked questions of staff. John Brady - Commented that the intent of the project is to enable his daughter’s family of five to stay in Los Gatos. Their neighbor has been supportive of the project. Mike Black - Commented that they have made the necessary revisions to make the project compatible: decreased square footage of the homes; increased front setbacks of the houses; decreased overall height of the houses; and trees will be placed along the northern driveway to act as a landscape buffer for the neighbors. Chris Spaulding - Commented that lessening the floor area and increasing the setback, which lessens the apparent bulk from the street, and lowering the houses, together make a substantial difference. They also eliminated a couple of bedrooms to address the issue of too many people/cars living in the structure. Commission members asked questions of Mr. Spaulding and Mr. Black. Eleanor Leishman - Commented that she lives five houses south of the subject site and does not support the project. The houses are too large and still not compatible with the neighborhood. The two houses grouped together, even with the setbacks and refinements made, would still dominate the block, which is mostly much smaller one-story homes. Patrick Tillman - Commented that he does not support the project. The buildings are far too large and are not compatible with the neighborhood. This is 6,000 square feet of home on an 11,000 square foot lot. This is a textbook spec home taking advantage of the neighborhood. Michael Black - Commented that their analysis shows 15 immediate neighbors, of which six are one-story and built before 1959. Since 1980 nine of the closest neighbors have become two-story homes. The neighborhood shows a clear transition from smaller single stories to larger two-story houses. Page 4 of 7 Planning Commission Minutes December 14, 2016 While these proposed houses are a little larger for the neighborhood, they are below the largest in the area. The homes are for Mr. Brady’s family; they will not be spec houses. Commission members asked questions of Mr. Black. Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. Commission members asked questions of staff. Vice Chair Kane reopened the public input portion of the hearing. Commission members asked questions of the applicant. Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. MOTION: Motion by Commissioner Erekson to continue the public hearing for 360 Bella Vista Avenue to the February 8, 2017 meeting, with Commission direction given. Seconded by Commissioner O'Donnell. VOTE: Motion passed 5-1 with Commissioner Hudes opposing. Commission members asked questions of staff. Commissioner Burch left the meeting. Chair Badame returned to the meeting. 5. 114 Royce Street, Suite A Conditional Use Permit Application U-16-006 APN 510-04-026 Property Owner: Royce St. Mx. LLC Applicant: Genevieve Locquiao Project Planner: Jennifer Armer Requesting approval of a Conditional Use Permit for an indoor children’s play space with ancillary retail on property zoned C-2. Chair Badame opened the public hearing. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. Genevieve Locquiao - Commented that the children’s indoor play space would be for children 6 years old and under, with parents required to remain on the premises with their children. Commission members asked questions of Ms. Locquiao. Page 5 of 7 Planning Commission Minutes December 14, 2016 Commission members asked questions of staff. Kevin Wu - Commented that he is a business owner in the 114 Royce Street building and believes the proposed business catering to children would be a good fit, as he owns a comic book store. Commission members asked questions of Ms. Locquiao. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner Kane to approve Conditional Use Permit Application U-16-006 subject to the conditions of approval as noted in Exhibit 3 with a modification to condition #6 of the staff report dated December 14, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated December 14, 2016. Seconded by Commissioner O’Donnell. Commission members asked questions of staff. VOTE: Motion passed 6-0-1 with Commissioner Burch absent. Community Development Director Joel Paulson cited the appeal rights. 6. 15215 Shannon Road Planned Development Application PD-15-001 APN 537-25-002 Property Owner/Applicant: Fred N. Sahadi Project Planner: Jennifer Armer Requesting approval to rezone a property pre-zoned HR-5 to HR-2½:PD to allow for subdivision of one lot into five lots, construction of four new single-family homes, and removal of large protected trees. Chair Badame opened the public hearing. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. David Wilson - Commented that the intent is to subdivide the property into five lots to provide one lot for each of the Sahadi’s four children. The zoning is proposed to be consistent with the current General Plan designation of Hillside Residential with a density of between zero and one unit to the acre, and also consistent with surrounding land uses on the Town’s Zoning Map, with more than half the site surrounded by HR-2½. They intend to maintain more than 50 percent of the site development area as open and clear. Commission members asked questions of Mr. Wilson. Romina Ahuja - Commented that she is a homeowner in the Highlands of Los Gatos development, and president of its HOA. They request the Commission reconsider the use of Shady Lane and Santella Court to access the proposed development, because it is a safety hazard for people living on those streets, who have lived with other construction for two years. Page 6 of 7 Planning Commission Minutes December 14, 2016 Commission m embers asked questions of Ms. Ahuja. Tony Zingale - Commented that he is also a homeowner in the Highlands of Los Gatos, on the corner of Shady Lane and Santella Court. The developer of the Highlands granted an easement for access on Santella past his home. The proposal is to develop the road substantially, meaning grading, trucks, dirt, safely hazards, et cetera. There is a driveway right off Shannon Road to the proposed development that should be used instead. Commission members asked questions of Mr. Zingale. Josine Smits - Commented that the proposed high-density hillside development increases the storm water runoff in spite of measures put in place, and will impact her home and their downstream neighbors. Infiltration trenches will fill during intense rainstorms, and will also fill with silt over time. The Town will need to inspect the trench twice a year to ensure it remains functioning. Maintenance is the weak spot for drainage systems on private land. Commission members asked questions of Ms. Smits. George Tzanavaras - Commented that he owns the property adjacent to the subject site where Mr. Sahadi has an access road. He is concerned about the original right-of-way that was given to the subject site and is afraid the road would be abused. He would like the road to remain the way it is now. The applicant has made improvements to the road without his knowledge or permission. Commission members asked questions of Mr. Tzanavaras. David Weissman - Commented that if the Town approves the rezoning, it would get nothing, except the financially losing proposition of more hillside parcels to service, as well as the fact that the applicant desires to use publicly maintained Shady View Lane for ingress and egress and all construction activities. The Hillside Specific Plan and General Plan require a Town benefit, but this application provides none. The applicant’s visibility analysis is outdated and inadequate. Commission members asked questions of Mr. Weissman. Lee Quintana - Commented that justification for changing the zoning has been made not based on the difference between the impacts from that change, but based on how they originally looked at it and how they have minimized the amount of impacts. The entire parcel is on the hillside, but the applicant’s visibility analysis only dealt with visibility from the valley floor. The Planned Development Committee agreed by consensus that a PD should not be used to increase the intensity or density of a site, but that is exactly what this proposal is doing by proposing to downzone the property. Commission members asked questions of Ms. Quintana. David Wilson - Commented that Santella Court and Shady Lane were dedicated as public roadways, so there is no specific easement right, but they would be open to construction access from Shannon Road. There is a portion of the existing parking area at the top of the private drive that drains toward Shannon Road, but they propose to re-grade it so that drainage from any of the developed areas would be sent in the other direction to where there would be storm water mitigation. The need for continuing maintenance of the drainage system is true, but that need is not unique to this property; it exists for any property. Page 7 of 7 Planning Commission Minutes December 14, 2016 Commission m embers asked questions of Mr. Wilson. 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 recommend denial of Planned Development Application PD-15-001, because it does not meet the intent of the PD Overlay Ordinance. Seconded by Chair Badame. Commission members discussed the matter. Commission members asked questions of staff. VOTE: Motion passed 6-0-1 with Commissioner Burch absent. NEW OTHER BUSINESS 7. Report from Community Development Director, Joel Paulson None. 8. Commission Matters None. ADJOURNMENT Meeting adjourned at 11:28 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, December 14, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director