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
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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
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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.
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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
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- 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
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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.
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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
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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