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
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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.
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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.
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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.
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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
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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.
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TOWN OF LOS GATOS PLANNING COMMISSION
JULY 26, 2017
APPROVED AS TO FORM:
_____________________________
Joel Paulson
Community Development Director
Prepared by
_____________________________
/s/ Vicki Blandin