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Draft Mins 11.08.17 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 12/13/2017 ITEM NO: 2 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 8, 2017 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, November 8, 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 Janoff led the Pledge of Allegiance. The audience was invited to participate. SUBCOMMITTEE REPORTS/COMMISSION MATTERS None. VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – None. PUBLIC HEARINGS 2. Town Code Amendment A-17-003 Applicant: Town of Los Gatos Project Planner: Sally Zarnowitz Consider amendments to Chapter 29 (Zoning Regulations) of the Los Gatos Town Code to comply with adopted 2016 State Legislation regarding accessory dwelling units. Continued from 9/27/2017. Sally Zarnowitz, Planning Manager, presented the staff report. PAGE 2 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 Opened Public Comment. Jennifer Kretschmer - She is a local architect. The California Department of Housing and Community Development says standards in allowable areas must not be designed or applied in a manor that burdens the development of ADUs, and should maximize the potential for ADU development. Eric Phelps - He owns a home in the HR zone. He supports ADUs for all minimum one-acre Hillside lots. Privacy and density are not issues. He suggested allowing a three-car garage for a primary residence and one-car garage for an ADU. Lee Quintana - She asked if an efficiency unit is an ADU. She agreed that secondary units should be allowed in hillsides. She said the draft amendment did not indicate whether two entrances, the primary residence and the ADU, facing the street are allowed. She also asked if tandem parking would be allowed in front of a garage. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hudes to forward the draft Town Code Amendment to the Town Council with recommendation for adoption, subject to the following recommended changes to the Draft Town Code Amendments: • Make the finding that there is no possibility that this project will have a significant impact on the environment. • Make the required finding that the proposed amendments to the Town Code are consistent with the General Plan. • Forward a recommendation to the Town Council for approval of the proposed amendments, with the following additions: o To adopt the language on roof pitch from Monte Sereno. o To adopt the location of the entrance door from Campbell. o To adopt the prohibition on an exterior staircase from Cupertino, with the exception that if an additional staircase is required to get to a second story, and is enclosed, that the square footage shall not be counted in the floor area ratio. PAGE 3 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 o The ADU shall not be placed in front of the main unit per Sunnyvale, with the exception of hillsides where it could be elsewhere as long as it complies with the requirement on setbacks. o Add the language on owner occupied from the Campbell ordinance. o Prohibiting short-term rentals from the Campbell ordinance. o Add the animal limitation of two dogs and three cats. o Not adopt a provision for a second story above a garage. Seconded by Vice Chair Kane. Commissioners discussed the matter. VOTE: Motion passed 5-2 with Commissioners Burch and Janoff opposing. 3. 15681 Kennedy Road Architecture and Site Application S-17-023 APN 537-22-002 Property Owner: John Advani Applicant: Michelle Miner Project Planner: Jocelyn Puga Requesting approval for a modification to exceed the maximum building height for an existing single-family residence on property zoned HR-2½. Jocelyn Puga, Associate Planner, presented the staff report. Opened Public Comment. Michelle Miner - She is the project architect. There are only two neighbors anywhere near the property, and they both support the project. The project is to raise the roof of a two-story home that has lower walls and a steeper pitch on the upper floor, making the rooms feel small. The project would not add square footage. Closed Public Comment. Commissioners discussed the matter. PAGE 4 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 MOTION: Motion by Commissioner Badame to approve an Architecture and Site Application for 15681 Kennedy Road. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. 4. 15358 Santella Court Architecture and Site Application S-17-009 APN 527-09-037 Property Owner: Luis Visoso Applicant: Mark Horton Project Planner: Jocelyn Puga Requesting approval to construct a new single-family residence and remove large protected trees on property zoned HR-2½:PD. Jocelyn Puga, Associate Planner, presented the staff report. Opened Public Comment. Mark Horton - He is the project architect. The house design is modest and is the third smallest house in the Highlands. From the streetfront it reads as a one-story house, with a second story stepping downhill from the main level of the house. It would be impossible not to impact some trees at the front of the property, but they saved a significant number of trees around the house. The consulting architect noted the house was well designed within the architectural design style. David Weissman - The following two provisions should be added to the conditions of approval. Condition 1: A deed restriction that identifies the trees that are used to provide screening in the Visibility Analysis and requires their replacement in the same location should any of these trees die. Condition 2: A five-year maintenance agreement should be signed between the Town and the owner for all the screening trees. Luis Visosco - He and his wife are the property owners. They bought the lot because of all the trees on it, and they want to protect as many of the trees as they can; they have reduced the house size as much as possible for that purpose. They would have no problem committing to a maintenance program for the trees, or replacing trees damaged by construction. Their five neighbors support the project. PAGE 5 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Burch to approve an Architecture and Site Application for 15358 Santella Court, with the additional condition of approval that a deed restriction be added requiring tree replacement for trees used in the visibility analysis and a five-year tree maintenance plan for the property. Chair O'Donnell requested the motion be amended to include the requirement that 48 24- inch box trees be required to replace the nine trees to be removed. The maker of the motion accepted the amendment to the motion. Seconded by Commissioner Hanssen. Commissioners discussed the matter. VOTE: Motion passed 6-1 with Vice Chair Kane opposing. 5. 16386 Hilow Road Architecture and Site Application S-16-038 APN 532-04-080 Property Owner: Mali Hariri Applicant: Gary Kohlsaat & Associates Appellants: Bill and Debora Wagner Project Planner: Azhar Khan Consider an appeal of a Development Review Committee decision approving a request to demolish an existing single-family residence and construct a new single-family residence on property pre-zoned R-1:8. Azhar Khan, Assistant Planner, presented the staff report. Opened Public Comment. Bill and Debora Wagner - They are the appellants. Most of their issues revolve around the impacts to their property, because the Residential Design Guidelines are not being applied correctly, and they believe PAGE 6 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 the DRC erred in finding that the house meets the guidelines. They believe reasonable changes would reduce the impacts, such as lowering the second story height, increasing second story setback, relocating the air conditioning compressor, and substituting another tree for the Podocarpus. Kristen Hariri - They hired a local reputable architect, communicated with all their neighbors on Hilow, and have many letters of support. They have made many changes to address the Wagners concerns. Their home design meets the design guidelines, and for that reason staff approved it. Gary Kohlsaat - He is the project architect. There is a mixture of one- and two-story homes in the neighborhood, and they are not the only two-story in the immediate 2-2-5. Hilow Road is like many north/south streets in Los Gatos where one property always shades the other no matter what. The Wagners biggest concern is shading, but just the single story portion of the house completely shades their walls. The second story doesn’t make the location of the shading any worse than it already is and adds only a little more shading. Deborah Weinstein - The Hariri’s home has met the regulations required by the vision set for the Town. There is no objective reason for the appeal, as the Hariris have worked reasonably with neighbors, have reduced the home size, and pushed back the setbacks. The Hariris have had to move from rental to rental while the project is delayed. Jeanne Driedger - She is representing herself and her neighbors, the Edwards, who live behind the project. The size of the building would have a significant impact on the Edwards’ views, and it would affect the quality of light on the Edwards’ house as well as the Wagners’ house. They would like the screening trees to be Cypress instead of Podocarpus, and the air conditioning units placed to minimize disturbance to the adjacent neighbors. Mark Jamieson - He supports the project. They have lived in the neighborhood for 17 years and seen six two-story homes built on Hilow without issue, and many more on Marchmont. These homes have improved the feel of the street while keeping the charm of the community. They embrace change and support the Hariri project. Jason Halladay - He lives directly south of the project site. He and his wife support the project. The Hariris have moved the north setback back considerably to accommodate the Wagners, but that PAGE 7 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 decreases the south setback next to his property and creates a huge, two-story wall that impacts them greatly. David Zirl - The two-story home built to the north of the Wagners adds value to the neighborhood and fits in well with the changing landscape of the street. He supports the Hariris and believes they have made all reasonable accommodations requested by the neighbors, and that making further changes compromises the Hariris’ objectives of building a house that meets their whole family’s needs. Shannon Susick - The subject property looks directly into her bedroom window. The findings to uphold the appeal and deny the A&S application are based on Residential Design Guidelines, but the application does not respect the scale and character, views, privacy, and solar access of the immediate neighbors. She asked the Commission to consider the impact the project would have on the immediate neighbors. Perry Hariri - The two-story homes in the immediate 2-2-5 are in the Town of Los Gatos, not the County, and the Town Council has made it clear that they do not have the ability to deny someone a two-story home. Every other two-story home on Hilow is in the Town. There is no way Ms. Susick can see their home because of a giant tree and it is at least 150 feet away. They have moved the second story setback from 9 feet to 25 feet, leading to a lopsided home. They have done all they can to move the house away from the Wagners, but it still does not help with the shadows. Bill and Deborah Wagner - They take exception to the comment that tall 10-foot ceilings are the standard now, because that is not what the Guidelines say. They are not asking for a single-story house. The biggest problem is that when the subject home’s layout was done the second story mass ended up right next to their living room. They are willing to go ahead with that second story mass, but they find it unreasonable that it would be the tallest second story mass in the neighborhood. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Vice Chair Kane to continue the public hearing for 16386 Hilow Road to a date certain. PAGE 8 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 MOTION: Motion by Vice Chair Kane to extend the hearing for 15 minutes. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. Motion to continue the public hearing to a date certain seconded by Commissioner Badame. Commissioners discussed the matter. The maker of the motion deferred his motion to questions asked during reopened public comment. Reopened Public Comment. Closed Public Comment. MOTION: Motion by Vice Chair Kane to continue the public hearing for 16386 Hilow Road to the meeting of December 13, 2017. Seconded by Commissioner Badame. Commissioners discussed the matter. VOTE: Motion failed 2-5 with Chair O'Donnell and Commissioners Burch, Hanssen, Hudes, and Janoff opposing. MOTION: Motion by Commissioner Hanssen to deny the appeal and approve an Architecture and Site Application for 16386 Hilow Road with modified conditions: • Reduce the plate height between 1 and 2 feet, to be determined by staff. • Consider moving the air conditioning unit. • Address concerns regarding tree choice in the back. Seconded by Vice Chair Kane. Commissioners discussed the matter. Commissioner Hanssen modified the motion to include the findings and considerations found in Exhibit 2. The seconder of the motion accepted the modifications to the motion. Commissioners discussed the matter. PAGE 9 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017 DATE: DECEMBER 4, 2017 N:\DEV\MINUTES - PC\2017 GRANICUSMINS.PC\DRAFT\LOS GATOS ACTION MINUTES 11-8-17.docx 12/6/2017 VOTE: Motion passed 6-1 with Commissioner Hudes opposing. OTHER BUSINESS 6. Report from the Director of Community Development None. ADJOURNMENT The meeting adjourned at 11:43 p.m. TOWN OF LOS GATOS PLANNING COMMISSION NOVEMBER 8, 2017 APPROVED AS TO FORM: _____________________________ Joel Paulson Community Development Director Prepared by _____________________________ /s/ Vicki Blandin