Draft Mins 01.11.17
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/25/2017 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
JANUARY 11, 2017
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, January 11, 2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Mary Badame, Commissioner Kendra Burch, Commissioner Melanie Hanssen,
Commissioner Kathryn Janoff, and Commissioner Tom O’Donnell.
Absent: Vice Chair D. Michael Kane (during Items 1 through 3), Commissioner Matthew Hudes
(during Items 1 through 3)
PLEDGE OF ALLEGIANCE
Commissioner Janoff led the Pledge of Allegiance. The audience was invited to participate.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Commission Matters
Commissioner Burch
- Commissioner Burch expressed her deep appreciation for former Commissioner Charles
Erekson, who served on the Planning Commission for eight years, and whose history,
insight, and assistance was invaluable to her.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – November 9 and December 14, 2016
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar. Seconded by Commissioner Burch.
Commissioners discussed the matter.
VOTE: Motion passed unanimously
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PUBLIC HEARINGS
2. 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
Project Planner: Jennifer Armer
Requesting approval to demolish three existing office buildings and construct two new
two-story office buildings with underground 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). Continued from 10/26/2016.
MOTION: Motion by Commissioner Hanssen to continue the public hearing for 401
to 409 Alberto Way to the meeting of March 22, 2017. Seconded by
Commissioner Burch.
VOTE: Motion passed unanimously.
3. 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 11/9/2016.
Sally Zarnowitz, Planning Manager, presented the staff report.
Opened Public Comment.
Jim Gerney
- They met with neighbors from Broadway in December, but reached an impasse over the
conditional use modification. They then offered to make modifications and compromises,
including: 1) Have a sound monitoring system to ensure compliance; 2) Sound from the
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courtyard of the Toll House would be directed for their sound wall facing towards the
hotel; and 3) Percussion on the patio would be eliminated.
Tom Richards
- The sound generated by live instruments cannot be limited to 67-72 decibels, which is
roughly equal to a person speaking.
Gail Randolph
- This problem was solved with the CUP in 1995, and the CUP has withstood the test of time.
She advocates leaving the CUP as it is.
Michael Verga
- 36 seats could not fit on the patio, nor could meals be served there with that many seats.
He asks the Planning Commission to not change the CUP.
Larry Lenhardt
- He appreciates the applicant’s decision to eliminate percussion on the patio. The Town
Council wrote the CUP, and their interpretation is very different than how it is interpreted
today. That difference in interpretation should be corrected before modifying the CUP.
Gillian Verga
- The Toll House has not offered any creative or new ideas on how to compromise or put
effort into understanding the neighbors’ concerns. She does not believe entertainment
with restrictions at the Toll House is a viable option.
Lee Quintana
- The CUP does not state a maximum number of amplifiers on the north wall, how often the
sound must be monitored, how the sound is recorded, or how it is passed on. There are so
many questions that the application should be denied or continued.
Jim Gerney
- The interpretation of the CUP is not a part of this hearing’s discussion. They have followed
their CUP since purchasing the property in 2012, have been respectful of noise and their
use of the patio space, and have never required police assistance outside. They ask to be
able to operate within the boundaries of the policy and laws that exist, just like any other
business.
Closed Public Comment.
Commissioners discussed the matter.
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MOTION: Motion by Commissioner O'Donnell to recommend approval a
modification to Conditional Use Permit U-16-005 to Town Council,
subject to modified conditions of approval.
Commissioners discussed the matter.
Seconded by Commissioner Burch.
VOTE: Motion passed 3-2 with Chair Badame and Commissioner Janoff
opposing.
Vice Chair Kane and Commissioner Hudes joined the meeting.
4. 15680 Gum Tree Lane
Architecture and Site Application S-16-044
APN 527-09-006
Property Owner: S+S Development, LLC
Applicant: Gary Kohlsaat
Project Planner: Azhar Khan
Requesting approval to construct a new single-family residence on vacant property
zoned HR-2½.
Azhar Khan, Assistant Planner, presented the staff report.
Commissioners discussed the matter.
Opened Public Comment.
Gary Kohlsaat
- Their design is more contemporary, and has a flat roof to lower the height and mass. They
shifted the house to the flat portion of the property instead of building on the edges. The
grading complies with the hillside standards. The applicant has met with all the neighbors,
and none have written letters of complaint. The story poles cannot be seen from the four
viewing platforms. Less than 10% of the façade faces the valley.
Lee Quintana
- The applicant says the cellar fill is being used for the restoration area and so they don’t
have as much off-haul, but there was much less off-haul before there was a cellar.
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Marita Quint
- Gum Tree Lane has been left damaged and unsafe due to previous construction by Davidon
Homes. She is trying to ascertain if the road has been accepted by Public Works post-
construction.
David Weissman
- Tonight they have been told that six trees would be removed, but the consulting arborist
said three trees, the staff report said four trees, and the architect’s letter said no trees
would be removed. The Town Council and Planning Commission agreed that trees that
were to be removed and trees in poor and poor-fair condition would not be counted as
screening; that has not been done.
Gary Kohlsaat
- The old road that they would restore to natural grade is their benchmark to measure the
three feet of maximum fill. The landscaping is farther out than 30 feet from the house, and
was done to provide an opportunity to separate the house from the other homes and
provide a landscaped area for outdoor activities. They support the town forcing Davidon to
fix the road before they use it for construction.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to approve Architecture and Site
Application S-16-044, subject to modified conditions of approval.
Seconded by Commissioner Burch.
Commissioners discussed the matter.
VOTE: Motion passed 6-1 with Vice Chair Kane opposing.
OTHER BUSINESS
5. Election of Chair and Vice Chair
MOTION: Motion by Chair Badame to nominate Vice Chair Kane as chair of the
Planning Commission.
Vice Chair Kane declined the nomination. Motion failed.
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MOTION: Motion by Chair Badame to nominate Commissioner O'Donnell as chair
of the Planning Commission.
Seconded by Commissioner Burch.
VOTE: Motion passed unanimously.
MOTION: Motion by Chair O'Donnell to nominate Vice Chair Kane as vice chair of
the Planning Commission.
Seconded by Commissioner Burch.
VOTE: Motion passed unanimously.
6. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met 12/20/16; granted the Hilow Road appeal and approved the project
with modifications; denied the 19 Highland appeal and approved the project.
• Planning Commissioners are invited to attend the Planning Commissioner Academy
sponsored by the California League of Cities.
• Planning Commissioners are invited to the school board’s education summit on
February 3, 2017.
• The Planning Commission will continue its discussion of the North 40 Specific Plan
Amendments on January 26, 2017.
• The Town Council will hold a priority setting session on January 31, 2017.
ADJOURNMENT
The meeting adjourned at 10:05 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
January 11, 2017
APPROVED AS TO FORM:
_____________________________
Joel Paulson
Community Development Director
Prepared by
_____________________________
/s/ Vicki Blandin