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Draft Mins 01.13.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 13, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, January 13, 2016, at 7:00 pm. MEETING CALLED TO ORDER Chair Burch called the meeting to order at 7:00 pm. ROLL CALL Present: Chair Kendra Burch, Vice Chair Mary Badame, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, Commissioner D. Michael Kane, and Commissioner Tom O’Donnell Absent: None. PLEDGE OF ALLEGIANCE Commissioner O’Donnell led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Item 5. REQUESTED CONTINUANCES – ITEM 3 SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee Commissioner Badame - The 1/13/16 CDAC meeting considered one matter: - 15860, 15880, and 15894 Winchester Boulevard Planned Development Study Committee Commissioner Hanssen - The 12/17/15 PDSC meeting considered: - Conditional Use Permits VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR 1. Approval of Minutes – December 2, 2015 and December 9, 2015 2. 15525 Union Avenue Conditional Use Permit Application U-15-013 APN 523-41-036 Property Owner: DS Downing LP, a Delaware Limited Partnership Applicant: JM Power Group, Inc. (D.B.A. CycleBar) Project Planner: Jocelyn Puga Requesting approval for a new fitness studio (CycleBar) with group exercise classes on property zoned C-1. Page 2 of 7 Planning Commission Minutes January 13, 2016 MOTION: Motion by Commissioner Erekson to approve adoption of the Consent Calendar. Seconded by Commissioner Hanssen. VOTE: Motion passed 7-0. CONTINUED PUBLIC HEARINGS None. NEW PUBLIC HEARINGS 4. Town Code Amendment A-15-004 Applicant: Town of Los Gatos Project Planner: Monica Renn Consider amendments to Section 29.10.020 of Chapter 29 of the Los Gatos Town Code to revise the definition of formula retail business. Chair Burch opened the public hearing. Monica Renn, Economic Vitality Manager, presented the staff report. Commission members asked questions of staff. Larry Arzie - Commented that the CUP ordinance was brought in to keep national chains out. He spoke of the loophole that allows new franchisees to avoid the CUP requirement because one of the first stores is in Los Gatos but they then open up stores across the country. This operation should be designated as a chain store operation. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Commission members discussed the matter. MOTION: Motion by Chair Burch to recommend adoption of the proposed amendments with modifications to Town Council. Seconded by Commissioner Kane. Commission members discussed the matter. Commission members asked questions of staff. VOTE: Motion passed 4-3 with Commissioners O’Donnell, Erekson and Hudes opposing. 5. Town Code Amendment A-15-005 Applicant: Town of Los Gatos Project Planner: Monica Renn Consider amendments to Section 29.10.150 of Chapter 29 of the Los Gatos Town Code to revise required parking requirements for restaurants. Chair Burch opened the public hearing. Page 3 of 7 Planning Commission Minutes January 13, 2016 Monica Renn, Economic Vitality Manager, presented the staff report. Commission members asked questions of staff. Jason Farwell - Commented that the occupancy allowed by the fire code is the best measure for determining the number of seats each premises can handle; it is a safety issue. The restaurants in town help support the retailers, and to continue to restrict them with parking requirements does not make sense. Downtown restaurants and retail are struggling and it is not difficult to find a downtown parking spot in the evening. Alex Hult - Commented that the problem with making new rules is no one is following the current rules. He agreed with Mr. Farwell that the best way to determine seating is to ensure they are compliant with the fire codes and ADA and let the restaurants figure out for themselves how many seats and tables they will fit. It will not increase traffic, because restaurants are already maximizing their space. Commission members asked questions of Mr. Hult. Jak Van Nada - Commented that all proposed changes must be measured by the increased benefits they would bring to the residents of Los Gatos. What are the advantages and disadvantages of this change? He had no issue with the change in seating if it does not impact the residents of Los Gatos. Lee Quintana - Commented that the Planning Commission should continue the item. The code revisions have the potential for increasing existing parking deficits, traffic, and parking spillover further into the surrounding neighborhoods. The staff report does not present a balance of these three issues, but is weighted on the side of the economic vitality of the business community. Additional information is needed for the public, Planning Commission, and Town Council to make informed decisions and balanced recommendations. Commission members asked questions of Ms. Quintana. Michael Strahs - Commented that he could not support divorcing restaurant seating from parking stall counts. It would lead to increased congestion and parking demand. Parking should correlate to the number of seats, because most often than not those people in the seats drove there and need a place to park. This is a parking issue, not a seating issue. Angelia Doerner - Commented that they need a better understanding of what is really causing the issues in the downtown. The Town has not enforced the current rules, so does the Town have more parking problems because people are breaking the rules and therefore the conditions in the CUP currently in place do make sense, or are they somewhat following the rules and they still have parking problems? Larry Arzie - Commented that for the Town to change the rules without providing more parking is unacceptable. Just because people do not follow the regulations does not mean they need to be changed. Decoupling parking and seating would be a betrayal to the community, making it easier to add seats without planning new parking and infrastructure, and benefits only the most intense users of parking, which is restaurants, not small retailers. Page 4 of 7 Planning Commission Minutes January 13, 2016 Commission members asked questions of Mr. Strahs. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. Commission members asked questions of staff. MOTION: Motion by Commissioner Kane to recommend to Town Council adoption of Town Code Amendments A-15-005 to Section 29.10.150 of Chapter 29 of the Los Gatos Town Code. Commission members discussed the matter. Commission members asked questions of staff. The motion died due to lack of a second. MOTION: Motion by Chair Burch to continue the public hearing for Town Code Amendment A-15-005 to a special meeting on March 16, 2016 with direction to provide additional information. Seconded by Commissioner Hanssen. VOTE: Motion passed 7-0. 6. 35 N. Santa Cruz Avenue Conditional Use Permit Application U-15-014 APN 510-44-032 Property Owner: Kilkenny Properties, LLC Applicant: Sean McLoughlin Project Planner: Erin Walters Requesting approval to operate a formula retail store with a restaurant component (Lolli and Pops) in a commercial space currently occupied by a retail store with a restaurant component (Powell’s Sweet Shoppe) on property zoned C-2. Chair Burch opened the public hearing. Erin Walters, Associate Planner, presented the staff report. Commission members asked questions of staff. David Friedman - Commented that they are based in San Francisco, but the Los Gatos location would be their first street location. They are the parent company of Powell’s and will have the same products as Powell’s, plus more high-end products. With the Internet impacting regional malls, their goal is to reach out to the smaller towns and do business in those communities. Commission members asked questions of Mr. Friedman. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Page 5 of 7 Planning Commission Minutes January 13, 2016 MOTION: Motion by Commissioner Kane to approve Conditional Use Permit Application U-15-014 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated January 13, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated January 13, 2016. Seconded by Commissioner Erekson. Commissioner Erekson requested the motion be amended to include a condition of approval to strike from the first sentence, “in conjunction with the sale of gelato without commercial cooking facilities or equipment.” The maker of the motion did not accept the amendment to the motion. VOTE: Motion passed 6-1 with Commissioner Erekson opposing. Interim Community Development Director Joel Paulson cited the appeal rights. 7. 17528 Tourney Road Architecture and Site Application S-14-127 APN 537-04-019 Property Owner: Joe Thornton Applicant: Bess Wiersema Project Planner: Marni Moseley Consider an appeal of a decision of the Development Review Committee approving an Architecture and Site Application to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR-2½. Chair Burch opened the public hearing. Marni Moseley, Associate Planner, presented the staff report. Commission members asked questions of staff. Steve Miller - Commented that they live above and look down across the subject site. A mutual ingress and egress easement goes around the subject site of which they and the applicant each own ten feet. They are prepared to grant the authority for certain restrictions with certain reasonable conditions on the project. The applicant will need to use the driveway and the adjacent easement area during construction, and because they own a portion of this property they have exposure and are requesting legal protection by means of a defend and hold harmless agreement. Commission members asked questions of Mr. Miller. Shawn Medved - Commented that he is the manager of the LLC that owns the subject site. They have worked with the Millers and tried to appease them. They don’t have a problem with the Miller’s fence being partially built on their property and they will build their own fence, which they need for privacy, at the property line or slightly inside it. The easement the Millers refer to is a secondary access to their property. Bess Wiersema - Commented that they see the deck that sits inside the setback as an encroachment and privacy issue, and one of the reasons they want a more solid fence at the back property line. They are in compliance with how the house is sited. The proposed house is only 5 feet taller than the existing house. They made many changes to appease the Millers, such as eliminating the second story, Page 6 of 7 Planning Commission Minutes January 13, 2016 changing the roof pitch to lower the building, eliminating basement options, eliminating lighting, balconies, and windows that face the Millers, and snuggling the building 2 feet down into the grade more than the current home. Their current proposal maintains the Millers’ view. Commission members asked questions of Ms. Wiersema and Mr. Medved. Joel Nelson - Commented that he is an uphill neighbor of the Millers. He wanted to ensure if their water tank is accidently emptied during construction that the applicants will be responsible for the refilling it and paying any fees associated with that. Commission members asked questions of Mr. Nelson. Steve Miller - Commented that they feel they have been vilified. They are not the only people who had an issue with the height of the proposed house, which did not comply with the Town’s guidelines, but they are okay with the present height. They are not happy with the end result, but they can live with it as long the applicants are willing to indemnify them. They are concerned that if there is an accident during construction they will be sued because they own part of the road. They would like the open fence. They think the Town has the authority to impose a deed restriction as far as a view easement. Commission members asked questions of Mr. Miller. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. MOTION: Motion by Commissioner Hanssen to deny the appeal and uphold the decision of the Development Review Committee approving Architecture and Site Application S-14-127 subject to the terms of conditions included with the original approval and those added later. Seconded by Chair Burch. VOTE: Motion passed 7-0. Interim Community Development Director Joel Paulson cited the appeal rights. NEW OTHER BUSINESS 8. Election of Chair and Vice Chair MOTION: Motion by Chair Burch to nominate Vice Chair Badame as the new Planning Commission Chair. Seconded by Commissioner O’Donnell. VOTE: Motion passed 7-0. MOTION: Motion by Chair Badame to nominate Commissioner Kane as the new Planning Commission Vice Chair. Seconded by Commissioner Burch. VOTE: Motion passed 7-0. Page 7 of 7 Planning Commission Minutes January 13, 2016 9. Report from Interim Community Development Director, Joel Paulson • Town Council met 12/15/15; discussed the decoupling of parking and seating for restaurants; had the second reading of the Home Occupation Ordinance; and appointed commission, board, and committee members. 10. Commission Matters None. ADJOURNMENT Meeting adjourned at 11:05 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, January 13, 2016 ___________________________________________ Kendra Burch, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Interim Community Development Director