Loading...
Draft Mins 04.12.17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 04/26/2017 ITEM NO: 1 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING APRIL 12, 2017 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, April 12, 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 Badame led the Pledge of Allegiance. The audience was invited to participate. VERBAL COMMUNICATIONS None. SUBCOMMITTEE REPORTS/COMMISSION MATTERS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – March 22, 2017 3. 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 a new, two-story office building with underground parking on property zoned CH. It has been PAGE 2 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM 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 3/22/2017. The Applicant has requested a continuance and this item is being continued to the May 10, 2017 Planning Commission meeting. MOTION: Motion by Commissioner Burch to approve adoption of the Consent Calendar. Seconded by Commissioner Hudes. VOTE: Motion passed unanimously PUBLIC HEARINGS 2. 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. Continued from 3/22/2017. Commissioner Badame indicated that she would recuse herself from participating in the public hearing for 360 Bella Vista Avenue, as the subject property is with 500 feet of her residence. Jocelyn Puga, Associate Planner, presented the staff report. Opened Public Comment. Michael Black - They have made design changes in response to the last hearing, such as redesigning both homes to reduce the bulk and mass, reducing overall square footage, reducing second story massing by relocating rooms from the second floor to the first floor, and increasing the second story setbacks. They have letters of support from their three immediate neighbors. Dori Yob Kilmer - They have done what the Commission requested at the last hearing by making the two- story homes compatible with the single-story homes in the neighborhood, making the PAGE 3 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM homes more closely approximate the square footage of the homes in the immediate neighborhood while considering the difference in lot sizes, and moving the bedrooms in order to be respectful of neighbors’ privacy. The proposal complies with all zoning requirements of the residential design guidelines. They have neighborhood support, and do not seek variances or exceptions. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hudes to approve the Architecture and Site Applications for 360 Bella Vista Avenue. Seconded by Commissioner Burch. Commissioners discussed the matter. VOTE: Motion passed unanimously. Commissioner Badame returned to the meeting. 4. 14333 Mulberry Drive Architecture and Site Application S-16-073 APN 409-15-022 Property Owner/Applicant: Hooman Bolandi Appellant: Leopold Design Project Planner: Jennifer Armer Consider an appeal of a decision of the Development Review Committee approving an Architecture and Site Application requesting approval for demolition of an existing single-family residence and for an exception to required setbacks for construction of a new single-family residence on a non-conforming property zoned R-1:8. Commissioner Hudes indicated that he would recuse himself from participating in the public hearing for 14333 Mulberry Drive, as the subject property is with 500 feet of his residence. Jennifer Armer, Associate Planner, presented the staff report. Opened Public Comment. PAGE 4 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM Susan Landry - They are requesting a continuance because the ingress/egress easement is not clarified, the tree locations can’t be clarified until the waterline and utilities are shown on the site plan, and to allow more time to negotiate regarding the trees. Hooman Bolandi - The reason he opposes the appellant’s request for a continuance is because they have been working on this project for over 22 months, which has put them in financial hardship. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Vice Chair Kane to deny the appellant’s request for a continuance. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. Opened Public Comment. Susan Landry - The reason the access easement has come up is because the applicant is showing a proposed location for trees, but the plans show no location for an existing waterline, meaning they cannot know if the proposed tree location is the appropriate spot. The appeal is to request that the trees be identified, the height of the trees be clarified, that more trees be added, and that the trees extend around the corner for privacy. Daniel Khuong - He is one of the appellants. Privacy is very important for his family and at no point did they state they were not willing to work on privacy options with the applicant. The point of the appeal is that they want more time to define a plan that would work for both parties, such as more details regarding soil and tree height. Condition of approval 7 is too general, because it only states planting four trees. Hooman Bolandi - Despite this project’s impact on their financial and personal life, they did not hesitate to get the data needed for the appellants. The DRC approved the same set of plans that were originally approved. They have shared all their tree studies with the appellants, plus they did a complete analysis for them. There are large, mature trees on the appellant’s property that can provide privacy. Agnieszka Jakubowicz PAGE 5 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM - They took the appellant’s privacy into consideration in an effort to be good neighbors and are trying to address it within their means and abilities. They have proposed several different design solutions and modifications to their home to address the appellant’s needs. She hopes they can come to a quick and satisfactory solution for everyone. Hooman Bolandi - They understand the appellant’s need for privacy for their family, because they are in a similar situation. They want to do the right thing and stay friends with the appellants as neighbors. They ask the Commission to consider the journey they have gone through from a remodel to a brand new house, the cost, time, and that the impact on their personal life has been difficult. Daniel Khuong - Even before the conclusion of the third DRC hearing they had stated to the applicant that they are open to a landscaping solution as long as it is signed to and agreed by both parties, which is what they have been working toward and are working out the details now. They only received the landscaping plan on April 10th, and it is not fully legible and they are not sure what types of trees are indicated. Susan Landry - They understand that the upstairs windows are emergency exiting windows, but perhaps the bottom half of them could be frosted or somehow translucent. Closed Public Comment. MOTION: Motion by Commissioner Burch to uphold the DRC decision to approve an Architecture and Site Application for 14333 Mulberry Drive, subject to modification to Condition of Approval 7 stating that up to eight trees will be planted in the L-shaped configuration as noted during the appellant’s comments, proper irrigation and soil treatments shall be included, and trees shall be in the 15-20 foot range. Seconded by Commissioner Badame. VOTE: Motion passed unanimously. Commissioner Hudes returned to the meeting. 5. 16235 Short Road Architecture and Site Application S-16-060 APN 523-10-031 Property Owner: Laura and Dan Topping PAGE 6 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM Applicant: Bess Wiersema, Studio-Three Design Project Planner: Levi Hill Requesting approval to demolish an existing single-family residence, construct a new single-family residence, and remove a large protected tree on a property zoned R-1:20. Levi Hill, Associate Planner, presented the staff report. Opened Public Comment. Bess Wiersema - Although the square footage is maxing out, it is within the allowable limits assigned to the property, and their coverage is at 36% rather than the allowed 40%. Most importantly, they have a larger lot than some of their immediate neighbors, and although their house is large, is it set well with the property limits and is similar in size and scale to nearby homes. They plan to maintain the majority of the mature trees. Building setbacks are pulled back from neighbors. Articulation has been done to create two gates pulled back, a fence line, landscaping, and a pedestrian gate that provides a sense of scale, layering, and perception of space on the property frontage. Dana Topping - The garage has been designed as open air because they like the look and feel of it; they didn’t want a closed in structure. They need a large home to accommodate children and grandparents. He appreciates the applicant’s neighborhood outreach. They have tried to blend the house into the community. They addressed the neighbors’ concerns and they do not have issue with the size. Charles Wade - He lives on the west edge of the subject property and there have been problems for years regarding draining from there, but he appreciates that efforts are being made to handle it. His other concerns have been satisfied. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Burch to approve an Architecture and Site Application for 16235 Short Road, subject to an additional condition of approval that the portion of the cellar that is under the two porches must be brought into the building footprint to the satisfaction of the Community Development Director. Seconded by Commissioner Hanssen. PAGE 7 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM Commissioners discussed the matter. VOTE: Motion passed 4-3 with Vice Chair Kane, Commissioners Badame, and Hudes opposing. 6. 16982 Kennedy Road Architecture and Site Applications S-16-050 (Lot 8) and S-16-051 (Lot 9) APN 532-35-060 Property Owner: GSJ LLC Applicant: D+C Development, c/o Laura Zuckerman Project Planner: Azhar Khan Requesting approval to demolish an existing single-family residence, remove a second unit, and construct two new single-family residences on properties zoned R-1:8. Azhar Khan, Assistant Planner, presented the staff report. Opened Public Comment. Jeff Potts - The project is not a subdivision of the parcel, but there are two underlying lots. The house on Lot 8 is single-story with the garage at the back, and the house on Lot 9 is two-story with the garage forward. As a whole the project is well under the FAR. The driveways are angled to maintain two large trees at the beginning of the lot. They modeled the homes after houses in the neighborhood. On the two-story plan they tried to face the active two-story portion of the house toward their other lot. Pat Parseghian - She lives on Kennedy and Ferris Avenue. She is concerned with where construction workers would park, as the area has no day parking and illegal parking on her and the neighbor’s property has occurred with other construction projects. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to approve the Architecture and Site Application for 16982 Kennedy Road, subject to an addition to Condition of Approval 67 stating that there shall be no parking on neighboring private property, and an additional condition of approval that the garage PAGE 8 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 12, 2017 APRIL 21, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 4-12-17.docx 4/19/2017 8:18 AM door shall be a muted color to match the structure. Seconded by Commissioner Badame. VOTE: Motion passed 6-1 with Commissioner Hudes opposing. OTHER BUSINESS 7. Report from the Director of Community Development and Town Attorney Joel Paulson, Director of Community Development • Town Council met 4/11/17; approved the five-lot subdivision planned development on 15215 Shannon Road with modified conditions. Robert Schultz, Town Attorney • The court hearing regarding the North 40 was conducted on March 27, 2017; the judge has 90 days to render a decision. ADJOURNMENT The meeting adjourned at 10:51 p.m. TOWN OF LOS GATOS PLANNING COMMISSION APRIL 12, 2017 APPROVED AS TO FORM: _____________________________ Joel Paulson Community Development Director Prepared by _____________________________ /s/ Vicki Blandin