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Draft Mins 02.10.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 10, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, February 10, 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 Kendra Burch, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes Absent: Commissioner Tom O’Donnell PLEDGE OF ALLEGIANCE Commissioner Burch led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS None. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee Commissioner Burch - The 2/10/16 CDAC meeting considered two matters: - 400 & 420 Blossom Hill Road - 30 Roberts Road & 6 Forrest Avenue VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR 1. Approval of Minutes – January 13, 2016 and January 27, 2016 MOTION: Motion by Commissioner Erekson to approve adoption of the Consent Calendar. Seconded by Commissioner Hudes. VOTE: Motion passed 6-0. CONTINUED PUBLIC HEARINGS None. Page 2 of 3 Planning Commission Minutes February 10, 2016 NEW PUBLIC HEARINGS 2. 969 Cherrystone Drive Tree Removal Permit Application T-15-215 APN 529-26-030 Property Owner/Appellant: Henry E. Otto Project Planner: Jennifer Armer Appeal of a decision to deny a Tree Removal Permit on property zoned R-1:8. Chair Badame opened the public hearing. Commissioner Erekson indicted that he would recuse himself from participating in the hearing because he lives adjacent to the subject property, and he would exercise his option as a private citizen to address to the Commission. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. Helen d’Oliveira - Commented that she was speaking on behalf of the owners and appellants, Henry and Marie Otto, her parents. The tree is located directly over utility lines and can cause damage. Arborists have confirmed a tree this size would likely have roots growing in the location of the utilities, that a root barrier would not be possible, and that the tree would continue to grow and cause additional damage. The tree is 9 feet from their neighbor’s home and has damaged their French drain and garage floor. Commission members asked questions of Ms. D’Oliveira. David Schwartz - Commented that he is a neighbor of the subject property and supports removal of the tree. The problem with the tree could become catastrophic if the tree falls or ruptures a gas line. Charles Erekson - Commented that he lives adjacent to the subject property. There is a crack in his garage floor that he believes was caused by the tree’s roots. There is significant likelihood that both the foundation of his home and the garage floor are in danger from the tree roots as they continue to grow. They have a French drain that prevents water from gushing onto the appellant’s property, which would be damaged if the tree continues to grow. Commission m embers asked questions of Mr. Erekson. Helen d’Oliveira - Commented that the neighbors agree that the tree should be removed. Commission members asked questions of Ms. D’Oliveira. 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. Page 3 of 3 Planning Commission Minutes February 10, 2016 MOTION: Motion by Commissioner Burch to continue Tree Removal Permit Application T-15-215 to the meeting of March 9, 2016, requesting that the applicant provide information on the underground utilities as documentation in favor of tree removal. Seconded by Commissioner Hanssen. VOTE: Motion passed 6-0. NEW OTHER BUSINESS 3. Report from Interim Community Development Director, Joel Paulson • Town Council met 2/2/16; discussed formula retail and returned it to the Policy Committee for additional work; discussed visibility analysis with respect to the Hillside Development Standards and Guidelines and sent it back to staff for additional work; and approved the recommendation from the Planning Commission for averaging colors for LRV – compliance. • 16212 Los Gatos Boulevard will have story poles up for ten days starting 2/10/16 and running through 2/20/16. The project will come before the Planning Commission on 2/24/16, and subsequently the Council. • There will be a North 40 open house on 2/23/16 to showcase a model for the phase one development of the North 40 and to allow community members to ask questions of the development team and staff. 4. Commission Matters • None. ADJOURNMENT Meeting adjourned at 7:54 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, February 10, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Interim Community Development Director