Draft Mins 01.27.16DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
JANUARY 27, 2016
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday,
January 27, 2016, at 7:00 pm.
MEETING CALLED TO ORDER
Chair Badame called the meeting to order at 7:00 pm.
ROLL CALL
Present: Chair Mary Badame, Vice Chair D. Michael Kane, Commissioner Charles Erekson,
Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and
Commissioner Tom O’Donnell
Absent: Commissioner Kendra Burch
PLEDGE OF ALLEGIANCE
Commissioner Hudes led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Items 2 and 3.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Historic Preservation Committee
Vice Chair Kane
- The 1/27/16 HPC meeting considered seven matters:
- North 40, Phase One
- 360 Bella Vista Avenue
- 94 Hernandez Avenue
- 35 North Santa Cruz Avenue
- 16207 Short Road
- 45 Broadway
- 256 Bachman Avenue
Planned Development Study Committee
Commissioner Hanssen
- The 1/14/16 PDSC meeting considered two matters:
- Review the Planned Development Ordinance.
- Conditional Use Permits.
VERBAL COMMUNICATIONS (AUDIENCE)
Joni Gimlan
- Commented that the Hillbrook bus stop on Union Avenue and Lasuen Court has created an
unsafe situation with children running across Union Avenue. People also congregate outside her
bedroom window while waiting for the bus. She asked that the bus stop be moved to an area that
has children that attend Hillbrook.
CONSENT CALENDAR
1. Approval of Minutes – None
Page 2 of 6
Planning Commission Minutes January 27, 2016
CONTINUED PUBLIC HEARINGS
2. 15735 Camino Del Cerro
Architecture and Site Application S-15-063
APN 523-24-001
Property Owner: JB Cahoon
Applicant: Tony Jeans
Project Planner: Marni Moseley
Requesting approval to demolish an existing single-family residence and construct a new
single-family residence on property zoned R-1:8.
Chair Badame opened the public hearing.
Marni Moseley, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Tony Jeans
- Commented that in order to reduce the bulk, scale and mass they reduced both the house and
garage 10%, and reduced the height. They kept the garage three-car, because there are other
three-car garages in the neighborhood. They did not add more stone to the façade, because they
believe it would be too much. They moved the house and driveway farther away from the creek
and added a landscape buffer to protect the trees. There will be no off-haul.
Adam Ward
- Commented that he represents Dean and Linda Duffy of 317 Escobar Avenue. The Duffy’s say
the proposed house sits close to their property line and could impact them significantly. They
confirm there are other three-car garages in the neighborhood. They dispute that the height of the
project is too high compared to the neighborhood.
Tony Jeans
- Commented that they have learned from staff that the cellar light well can’t be implemented as
they wanted and they request that the Commission consider allowing them to move the house
only, not the driveway, back 4 feet, where it will not impact any trees and would be less costly to
the homeowner.
Commission members asked questions of Mr. Jeans.
Chair Badame 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 Commissioner O’Donnell to approve Architecture and Site
Application S-15-063 subject to the conditions of approval as noted in
Exhibit 3 of the staff report dated January 27, 2016. The required
findings were made as noted in Exhibit 2 of the staff report dated
January 27, 2016, with the additional direction that the house be moved
4 feet, as requested by the applicant.
Commissioner Hanssen requested the motion be amended to include a condition of approval that
the application must comply with the Town’s Cellar Policy.
Page 3 of 6
Planning Commission Minutes January 27, 2016
The maker of the motion accepted the amendment to the motion.
Seconded by Commissioner Hanssen.
Commission members asked questions of staff.
The maker of the motion amended the motion to remove the condition regarding the light wells, as
it is no longer necessary due to the movement of the house.
The seconder of the motion accepted the amendment to the motion.
Commission members discussed the matter.
VOTE: Motion failed due to a tie vote of 3-3 with Chair Badame, Vice Chair
Kane, and Commissioner Hudes opposing.
Commission members discussed the matter.
Commission members asked questions of staff.
MOTION: Motion by Commissioner O’Donnell to approve Architecture and Site
Application S-15-063 subject to the conditions of approval as noted in
Exhibit 3 of the staff report dated January 27, 2016. The required
findings were made as noted in Exhibit 2 of the staff report dated
January 27, 2016.
Seconded by Commissioner Hanssen.
VOTE: Motion passed 4-2 with Chair Badame and Vice Chair Kane
opposing.
Interim Community Development Director Joel Paulson cited the appeal rights.
NEW PUBLIC HEARINGS
3. 15975 Union Avenue
Subdivision Application M-15-001
Architecture and Site Applications S-15-009 through S-15-011
APN 523-42-017
Property Owner: Betchart Union Ave Joint Venture Partnership
Applicant: Gary Kohlsaat
Project Planner: Erin Walters
Requesting approval to demolish an existing single-family residence, subdivide one lot into
three lots, construct three new single-family residences, and remove large protected trees on
property zoned R-1:10.
Chair Badame opened the public hearing.
Erin Walters, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Tim Cronin
- Commented that Betchart has been building in the Los Gatos area for a long time and will provide
a quality product. They have met regularly with the neighbors to address their concerns, and
Page 4 of 6
Planning Commission Minutes January 27, 2016
worked with staff to get the viable project they have before the Commission today. The traffic plan
would add another lane to Union Avenue.
Gary Kohlsaat
- Commented that the shared driveway agreement program Betchart uses has worked successfully
on other projects. There are several subdivisions in the neighborhood that are similar to their
project in terms of scale and mass, and that have three-car garages. This is an important corner
and their architecture will be relative and representative of Los Gatos. All their homes feature
three-car garages to keep parking off the streets, are under the FAR cap, exceed the minimum
setbacks, and are well within the 30-foot height limit.
Commission members asked questions of Mr. Kohlsaat.
Gideon Gimlan
- Commented that they have lived in their home adjacent to southbound Union Avenue for 28
years, and there has always been a white fence in the roadway that prevents cars from zooming
through and making a right-hand turn onto Blossom Hill Road. If the fence were removed, as
proposed, the area would become a raceway and severely impact their quality of life, because
their bedroom window is adjacent to Union Avenue. He asks that the fence remain.
Commission members asked questions of Mr. Gimlan.
Joni Gimlan
- Commented that the original plan, which had a green bike lane and parking on Union Avenue that
would keep vehicles farther away from their bedroom window, should be reconsidered. The
garage for Lot 1 faces their back yard; they propose at least a 7-foot fence to keep the light from
the garage out of their backyard when the door opens and closes.
Commission members asked questions of Ms. Gimlan.
Jan Murray
- Commented that she lives adjacent to Lot 2 and thinks the application should not be approved
without the CC&Rs. She is concerned about CC&Rs making future homeowners responsible for
keeping the road clear and maintaining the groundwater management system.
Peter Costigan
- Commented that they are unclear how the garbage will be picked up from the shared driveway.
He is concerned there is no sidewalk on the driveway, and also about the height of the house. He
asked for a fence higher then the 6-foot limit, because the homes look into his backyard.
Commission members asked questions of Mr. Costigan.
Terry Tersini
- Commented that she supports the project. The homes will be a nice complement to the existing
neighborhood and will clean up a blighted site. The site improvements will improve the safety of
the turn movement onto Blossom Hill Road from Union going westbound.
Commission members asked questions of Ms. Tersini.
Thomas Mangano
- Commented that the shared driveway is a problem. He suggested the house on Lot 3 be reduced
in size to provide parking space on the lot. Lot 2 does not meet the 10,000 square feet if you take
away the shared access.
Commission members asked questions of Mr. Mangano.
Page 5 of 6
Planning Commission Minutes January 27, 2016
Lee Quintana
- Commented that the Conceptual Development Advisory Committee recommended Union Avenue
and a shared driveway prior to knowing there are issues with drainage, the fact that they can’t
access off Blossom Hill Road, and there being no real fire turnaround. There is no other
arrangement in town like this with a requirement that an owner cannot park in his own driveway,
and it is totally unenforceable. She believes the Commission can make Finding C or D that this
project should not be approved.
Gary Kohlsaat
- Commented that the height of the house is reasonable. They plan to install an 8-foot fence along
the property line. The notion of policing a shared driveway to keep it clear is successful in many
places, with any new homeowners being given complete disclosure about it.
Will Betchart
- Commented that he is one of the principle owners in the project. His team has communicated
with the neighbors and done all they could to accommodate their concerns. He believes the
project has been carefully and responsibly planned.
Commission members asked questions of Amanda Wilson.
Commission members asked questions of Mr. Kohlsaat.
Chair Badame 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 Erekson to continue the public hearing for
15975 Union Avenue with direction to a date certain.
Seconded by Commissioner Kane.
Commission members discussed the matter.
Commission members asked questions of staff.
VOTE: Motion passed 6-0.
MOTION: Motion by Commissioner Erekson to continue the public hearing for
15975 Union Avenue to the meeting of March 9, 2016.
Seconded by Commissioner Kane.
VOTE: Motion passed 6-0.
Commission members asked questions of staff.
Commission members discussed the matter.
NEW OTHER BUSINESS
5. Report from Interim Community Development Director, Joel Paulson
• None.
6. Commission Matters
• None.
Page 6 of 6
Planning Commission Minutes January 27, 2016
ADJOURNMENT
Meeting adjourned at 10:11 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, January 27, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Interim Community Development Director