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Draft Mins 07.26.17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 08/09/2017 ITEM NO: 1 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING JULY 26, 2017 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, July 26, 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 Absent: Commissioner Kathryn Janoff PLEDGE OF ALLEGIANCE Chair O’Donnell led the Pledge of Allegiance. The audience was invited to participate. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Hudes - HPC met 7/26/17 and considered three items: • 430 Los Gatos Boulevard • 55 Rogers Street • 223 Massol Avenue VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – July 12, 2017 2. 25 East Main Street Architecture and Site Application S-17-022 (Time Extension) APN 529-28-037 Property Owner/Applicant: Al Mansoorian Project Planner: Azhar Khan PAGE 2 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2017 JULY 31, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 7-26-17.docx 8/4/2017 9:18 AM Requesting a one-year time extension to an approved Architecture and Site Application to construct a new second story addition above a commercial space (I Gatti Restaurant) for separate living quarters on property zoned C-2. MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Hudes. VOTE: Motion passed unanimously. PUBLIC HEARINGS 3. 104 University Avenue Conditional Use Permit Application U-17-005 APN 529-02-012 Property Owner: Gloria Millen Applicant: Urban Remedy, Inc. Project Planner: Azhar Khan Requesting approval of a formula retail business (Urban Remedy) on property zoned C- 2:LHP. Azhar Khan, Assistant Planner, presented the staff report. Opened Public Comment. Maryann Thomas and Christina Marshall - Urban Remedy’s Director of Retail Development and Head of Retail respectively. They are a small, organic food company that sources most of their produce from local farms. They have ten retail locations in the Bay Area. Los Gatos would be their first South Bay location, and they already have a robust customer base in the area through online and wholesale sales. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Vice Chair Kane to approve a Conditional Use Permit Application with modified conditions for 104 University Avenue. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. PAGE 3 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2017 JULY 31, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 7-26-17.docx 8/4/2017 9:18 AM 4. 26 Alpine Avenue Architecture and Site Application S-16-052 Negative Declaration ND-17-001 APN 529-37-042 Property Owner: Toby and Susan Corey Applicant: Tom Sloan Project Planner: Jocelyn Puga Requesting approval to construct a new single-family residence and remove a large protected tree on vacant property zoned R-1:20. Jocelyn Puga, Associate Planner, presented the staff report. Opened Public Comment. Toby Corey - Their architect listened to neighborhood feedback and designed a home that is smaller in size, mass, and scale than previously proposed projects, and is specifically designed to fit the natural beauty of the property with minimal impact. Working with the town they have conducted extensive civil and environmental studies, and obtained full support of town staff and the consulting architect. Tom Sloan - He is the project architect. The owner is retired from the solar energy industry and will do a cutting edge, state of the art job with the solar on the house. The home will also contain a green eco-roof that would blend in with the upper hill. The setbacks are large and generous. Leonard Viale - He objects to the project because the design does not fit into the neighborhood, the excavation of dirt is excessive, there is a straight bluff behind the property that will slide in, and the tree removal is excessive. Krista Gieselman - She lives up the hill from the project site and hired an arborist to understand the project’s impact on the growth of the trees shared between their two properties. Tree #9 is leaning toward their house, and they are concerned the tree will fall on their home after construction. There has been no indication of how Tree #12 would be replaced, so they do not support the project. PAGE 4 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2017 JULY 31, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 7-26-17.docx 8/4/2017 9:18 AM Kathryn Knudsen - She lives across the street from the project site. She questions whether the subject lot needs to be reevaluated for appropriate zoning, because of the lot’s inherent problems, and on top of it adding a home in a precarious place at a tricky curve on the street. Pamela Nerney - She asked that the plans be reviewed further. The project site is at a dangerous curve that creates danger and potential for ongoing traffic ingress/egress issues for all the neighbors on the street. She has not received any notification about the project’s process, although she lives only across the street and one house up. John Gieselman - He reiterated his wife’s concern regarding the damage to the old growth trees shared by their property and the subject site. He was also concerned regarding the amount of cut that might undermine the integrity of their home’s foundation. He believes there must be a geotechnical analysis of the construction impacts on their property as well as the subject site. Toby Corey - The hillside has been eroding for years, but all the civil engineering studies show that putting a structure in there adds more stability, and the town’s architect also agrees that that is a positive for the property. Having a green home is very important to them, and they are preserving over 80 percent of the trees on the property. There is no grading or lawn, and as a low profile home it preserves all the natural beauty of the site. Tom Sloan - They will replace certain trees that are to be removed. The soil stability analysis that was done confirmed that placing the house on the steepest part of the hill would stabilize the hill. Closed Public Comment. Commissioners discussed the matter. Reopened Public Comment. Closed Public Comment. MOTION: Motion by Vice Chair Kane to deny an Architecture and Site Application for 26 Alpine Avenue. Seconded by Commissioner Burch. Commissioners discussed the matter. PAGE 5 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2017 JULY 31, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 7-26-17.docx 8/4/2017 9:18 AM VOTE: Motion passed 4-2 with Chair O'Donnell and Commissioner Hanssen opposing. 5. Town Code Amendment A-17-002 Applicant: Town of Los Gatos Project Planner: Sean Mullin Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls; and includes new regulations and requirements for fences, hedges, and walls in the Hillside area. Commissioner Hudes indicated that he would recuse himself from participating in the public hearing regarding Town Code Amendment A-17-002, because he owns a property within the Hillside Design Guidelines Area designated on the map. Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. David Klinger - Many residents of Los Gatos have noncompliant 7’ fences. Over time the 6’ fence has migrated up to the 7’ level, typically 6’ of solid and 1’ of lattice. He recommended the town adopt Cupertino’s approach of allowing a 7’ fence if there is documented approval of the immediate neighbors. Bruce McCombs - Their property is located on a hillside, and over the years the neighborhood deer have created paths on it that they use daily. Steel and chain link fences have a clear impact on deer and other wildlife. The proposed amendments to the Fence Ordinance would provide for the well being of many different species of wildlife living in the hillsides. David Weissman - Minor Residential Development Permits cost more than $2,200; these fees should be reduced for fences. The point is to get people to the Planning Department’s counter where staff can ensure they are aware of the newest fences regulations, not to be punitive with excessive costs. MacKenzie Mossing - She works for the Santa Clara Valley Audubon Society, who supports the proposed Fence Ordinance amendments. It is imperative that fencing that restricts the ability of wildlife to move between pastures and water, to migrate, and to disperse is avoided. Simple solutions PAGE 6 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2017 JULY 31, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 7-26-17.docx 8/4/2017 9:18 AM such as adequately spaced wood or smooth wire fencing can allow safe passage of wildlife without injury, and minimize human-wildlife conflicts. Kit Gordon - She spoke on behalf of the Sierra Club Loma Prieta Chapter. They applaud Los Gatos for its existing wildlife friendly hillside guidelines. Habitat fragmentation can decrease biodiversity of animals and plants. They urge the Planning Commission to approve the proposed Fence Ordinance allowing wildlife permeability. Alice Kaufman - She spoke on behalf of Committee for Green Foothills, who supports the proposed Fence Ordinance. The animals in the Santa Cruz Mountains suffer from the existence of many barriers to movement that impede their ability to find food, mates, et cetera, and require animals to cross busy roads. The draft ordinance exemplifies a reasonable degree of compromise between nature and human habitation. Tanya Kurland - Fences serve more purposes than just marking property lines; they are to protect people. A Stanford study has found that Lyme disease is spread more in open spaces than previously thought, and research has found that the number of reported cases of Lyme disease strongly correlates to deer population density. Closed Public Comment. Commissioners discussed the matter. OTHER BUSINESS 6. Report from the Director of Community Development Joel Paulson, Director of Community Development • Town Council met 7/24/17; took public testimony on reconsideration of the North 40 development applications, and continued the deliberations to the August 1, 2017 meeting. • A panel of retail professionals and experts will meet in Cupertino on 7/27/17 from 6:30 p.m. to 8:30 p.m. at Cupertino Community Hall, free of charge. ADJOURNMENT The meeting adjourned at 11:00 p.m. PAGE 7 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2017 JULY 31, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 7-26-17.docx 8/4/2017 9:18 AM TOWN OF LOS GATOS PLANNING COMMISSION JULY 26, 2017 APPROVED AS TO FORM: _____________________________ Joel Paulson Community Development Director Prepared by _____________________________ /s/ Vicki Blandin