Loading...
Draft Mins 09.13.17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 09/27/2017 ITEM NO: 1 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 13, 2017 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, September 13, 2017, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Vice Chair D. Michael Kane, Commissioner Mary Badame, Commissioner Kendra Burch, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Kathryn Janoff Absent: Chair Tom O'Donnell PLEDGE OF ALLEGIANCE Commissioner Badame led the Pledge of Allegiance. The audience was invited to participate. SUBCOMMITTEE REPORTS/COMMISSION MATTERS General Plan Advisory Committee Commissioner Hanssen - GPAC met 9/13/17; considered 202 University Avenue. VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – August 23, 2017 MOTION: Motion by Commissioner Badame to approve adoption of the Consent Calendar. Seconded by Commissioner Hanssen. VOTE: Motion passed unanimously. PAGE 2 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2017 SEPTEMBER 18, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 9-13-17.docx 9/21/2017 10:58 AM PUBLIC HEARINGS 2. 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. Continued from 7/26/17. Commissioner Hudes indicated that he would recuse himself from participating in the public hearing for Town Code Amendment A-17-002, because he owns property in the hillside area that could be economically impacted by the currently drafted recommendation. Commissioners Janoff and Hanssen indicated they live in the Hillside area, but choose to participate in the public hearing. Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. Albert Kurkchubasche - When fencing is demonstrated to impact the movement of animals on a specific site, they can work with the Town rather than imposing guidelines that impact everyone in the hillside. The existing guidelines are sufficient, and it would be best to address fencing on a case-by-case basis. Jim Vergara - Property owners should not be dictated to as to how they can or should protect their property while considering biodiversity. It appears that property size was not taken into consideration when the ordinance was put into place. The 30-foot limitation isolates his children’s playground/picnic area, and would expose them to the area’s wildlife. Dick Clift - The ordinance rules are overly restrictive, as most people are entitled to a reasonable use of their property. Rather than the 30-foot limitation, a better solution to the animal migration issue might be everyone puts their fences 5-10 feet back from their property line, which would leave a 10-20 foot corridor around all the properties. Julie Donnelly - After going through the effort to design their home, they should have the right to feel safe using it, including the many areas that are not within 30 feet of the main residence, and PAGE 3 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2017 SEPTEMBER 18, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 9-13-17.docx 9/21/2017 10:58 AM they ought to have the right to secure those spaces from wild animals. She asked the Commission to not approve an ordinance that is arbitrarily applied to any home in the hillside, regardless of whether a problem exists, and that it work toward a needs-based ordinance. Peter Donnelly - The fence ordinance takes a lazy approach. Instead of trying to determine where problems exist and how to fix them, a baseline assumption was made that the problem exists everywhere and that every property, regardless of circumstances, should have the same rules enforced. It is absurd that property owners with large properties would be hemmed in to only 30 feet from their primary residence. Vadim Kurland - They built a home in the hillsides, and it was determined that there was no environmental impact with respect to the migration of animals. The evaluation of environmental impacts was found to be satisfactory by Community Development, and the project was given the green light in 2007, indicating the problem of migration does not exist for his property. When purchasing their property, they also agreed to a large number of substantial easements designed specifically to protect wildlife. Cathy Field - The cost of housing in Los Gatos is high, and new regulations increase the cost of building, causing property taxes to increase. Los Gatos homeowners would be at a disadvantage if the regulatory burden in the Town is greater than that imposed in other towns. Putting up yet another hoop for homeowners to jump through will discourage people from making necessary improvements. All residents deserve the freedom to improve their property as they see fit and not be burdened by cost and regulation. Jeff Casale - The Town should be cautious in adding these regulations because of unintended consequences, such as future homeowners purchasing a house and not realizing they are picking up all these requirements. This ordinance amendment creates complexity and surprises for people. He doesn’t want the deer right up against his property, because Lyme disease is a major issue. Tanya Kurland - Lowering fences would affect people’s health, because of Lyme disease. It is clear that larger animals such as deer would carry many more ticks than smaller animals. The Bay Area Lyme Foundation advises fencing to keep deer out of yards. The proposed changes would decrease the hillside property values and increase incidents of Lyme disease. PAGE 4 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2017 SEPTEMBER 18, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 9-13-17.docx 9/21/2017 10:58 AM Ali LeClerc - She grew up in Los Gatos, and recently she and her husband bought a home in the hillsides. She would like her own children to have a similar experience to what she had growing up in Los Gatos, and fears this proposal would mean they won’t. Besides the points made regarding property values and the damage wildlife can have on landscaping, she feels the Town places the protection of wildlife as more important than the protection of children. David Foley - He agreed with Mr. Clift that a better solution to animal migration paths is to ensure there is a corridor between properties, as opposed to fencing homeowners in 30 feet from their property, which in his case would cut off all but his most basic yard. They see deer and bobcat along their fence line frequently, and are happy they are not closer to the house. He requested the Commission not approve the amendment. Katrina Brinkman - She does not find the 30-foot guideline a one size fits all option. She is concerned she would need to adhere to the new guidelines if she needed to do repairs, for example, if a car took out the front of her fence she might have to replace the entire fence. The guidelines do not mention property fences shared with the Town parks, which she needs to keep park occupants out of her yard. Cindy De Santis - The Town has no means to enforce the proposed amendment. In the last 15 years the Planning Department and Legal Department have not been able to enforce the current codes due to lack of budget and manpower. How can the Town enforce these new fence codes if it would affect 25 percent of the Los Gatos population? David Fox - He is a landscape architect. When it comes to fences, his clients are mainly interested in security, containment, and safety. Regulations should be on a need basis and not consider every lot to be the same. Scenic easements, or doing it on a need basis, gets results in the migration corridors, but still allows people to use their property. He urged the Commission to deny the amendment. Lee Quintana - Fencing of areas such as vineyards and playgrounds would be allowed under this ordinance. Repairs to existing fences can be made to certain sections without requiring replacement of the entire fence. The Town needs to find a way that fences would not be subject to the total cost of a Minor Residential Permit, but be on a time and cost basis. PAGE 5 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2017 SEPTEMBER 18, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 9-13-17.docx 9/21/2017 10:58 AM Rick Tinsley - The proposed ordinance is burdensome and impractical. Over the years he has grown fruits, vegetables, and flowers, which would not have been possible if not for a fence surrounding his property. This ordinance would prevent anyone from enjoying their property the way he has enjoyed his. Hillsides have limited planting zones, and this ordinance prohibits all but decorative fences. Steve Doughty - They love the deer and animals on their property, but if the deer get close they get ticks and fleas. They have tried to push the deer back a little, because they have chewed up thousands of dollars of gardens. The 30-foot limit would not include his guesthouse, the pool, the gardens, or garages. The idea of one rule fitting everyone’s different property is not good. Animals roam freely all over where he lives. David Weissman - It is frustrating to hear citizens complain about their perceived inability to protect their current orchards and vineyards, repair their current fences, and protect their pets and children, because these objectives are all permitted under the proposed revisions and within the framework of the goals and standards of the Hillside Guidelines. Deer in California are not a major carrier of Lyme disease ticks. These revisions strike a good balance in living with the animals, and should be passed. Michael Michaelis - The hillside standards and guidelines were originally guidelines and are now gospel, and they affect what people can do already, but he worries about the discriminatory presence between people in town and the people who live in the hillsides and their right to enjoy their own property. He came to speak about the permitting process, why the standards for building a fence in town should be different than building in the hillside, and why there should be a $2,200 fee to build the same fence in the hillside as in town. Lisa Doughty - During her time in Los Gatos she has never seen an issue with animals not being able to migrate or feed themselves. Why are we doing this? The animal population has increased, and the ordinances in place have been doing their jobs, so why change them now to something totally unreasonable to the human population? Not all hillside properties are the same. Todd Gummow - They live on a flat one-acre parcel, as do his neighbors, but they would be affected by the ordinance the same as a ten-acre lot. He has 15 feet of fencing 30 feet from his house, and could not replace it if it were damaged. The proposed ordinance is too broad and deals PAGE 6 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2017 SEPTEMBER 18, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 9-13-17.docx 9/21/2017 10:58 AM with homes on small, flat parcels with usable acreage, not ten acres with nine of it unusable. Shoshana Ohriner - The hillside zoning allows for livestock, but that requires the practice of rotating the pastures, and fencing, to prevent erosion and allow the land to regenerate. The proposed ordinance makes it necessary to apply for a $2,200 permit for any fencing, which would encourage people to permanently enclose a larger area than necessary for livestock rather than moving the fencing around in smaller areas. David Klinger - Many fences in the flatland area are higher than the standard of 6 feet, and there is very little enforcement action. He requested that staff be directed to determine whether in fact there is widespread noncompliance with this ordinance, and if there is, is that acceptable to the Town? He proposed staying with the 6-foot high fence, and if people want to go to 7 feet with trellis, and the neighbors approve, then almost everyone would be compliant. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Badame to forward Town Code Amendment A- 17-002 to Town Council for consideration of amendments to Chapter 29, with consideration of comments from Commissioners and the public. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. OTHER BUSINESS 3. Report from the Director of Community Development Joel Paulson, Director of Community Development • Town Council met 9/5/17; approved a home on Bella Vista; did not get to the cellar discussion given the lengthy discussion on cut-through traffic. ADJOURNMENT The meeting adjourned at 9:19 p.m. PAGE 7 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2017 SEPTEMBER 18, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 9-13-17.docx 9/21/2017 10:58 AM TOWN OF LOS GATOS PLANNING COMMISSION SEPTEMBER 13, 2017 APPROVED AS TO FORM: _____________________________ Joel Paulson Community Development Director Prepared by _____________________________ /s/ Vicki Blandin