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Draft Mins 03.09.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING MARCH 9, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, March 9, 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, and Commissioner Tom O’Donnell Absent: None. PLEDGE OF ALLEGIANCE Vice Chair Kane led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Items 4 and 5. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS Historic Preservation Committee Vice Chair Kane - The 3/9/16 HPC meeting considered two matters: - 213 Tait Avenue - 54 Los Gatos Boulevard VERBAL COMMUNICATIONS (AUDIENCE) Gideon Gimlan - Commented that the Hillbrook School bus stopping near to the corner of Union and Blossom Hill Road is causing large amounts of activity involving traffic and children. The corner is not zoned to be a school bus stop and there is no one there to oversee safety. Commission members asked questions of staff. CONSENT CALENDAR 1. Approval of Minutes – February 24, 2016 2. 15555 Union Avenue Conditional Use Permit Application U-15-015 APN 523-41-036. Property Owner: DS Downing LP Applicant: Darshini Desai-Chheda Project Planner: Jocelyn Puga Requesting approval for a learning center (Kumon) with group educational classes on property zoned C-1. Page 2 of 9 Planning Commission Minutes March 9, 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 3. 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 indicated that he would recuse himself from participating in the hearing because he lives within 500 feet of the subject property. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. Helen d’Oliveira - Commented that she is the daughter of the appellants. The subject tree is over utility lines and has caused and will continue to cause damage. Replacing this problematic tree with a native tree would enhance the urban forest while preventing future damage to her parent’s property and that of their neighbor. At the request of the Commission she is presenting additional documentation to support Finding 5. Commission members asked questions of Ms. d’Oliveira. Charles Erekson - Commented that the Town Arborist made the decision, without contacting PG&E, to remove the other tree on the property that covers the same utility lines as the subject tree based on the risk of the utility lines that were under them. Logically he should also have come to the same conclusion to remove the subject tree as well. Commission m embers asked questions of Mr. Erekson. Lee Quintana - Commented that it could be possible to mitigate the problem by moving or adding to the gas lines, which she has done in her own back yard for a water line close to a tree. Helen d’Oliveira - Commented in response to Ms. Quintana’s comment that moving the gas line, if even possible, would only address part of the problem with the tree, and there has already been significant damage to the properties of her parents and a neighbor. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Page 3 of 9 Planning Commission Minutes March 9, 2016 Commission members discussed the matter. MOTION: Motion by Commissioner Burch to grant the appeal of a decision to deny a Tree Removal Permit based on making Findings 2,5 and 6 and the opinion that this type of tree in that location can imminently cause significant damage to the existing structures. Seconded by Commissioner Hudes. Commission members discussed the matter. VOTE: Motion passed 6-0. Community Development Director Joel Paulson cited the appeal rights. 4. 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, Architect 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 he represents the owner, and thanked staff and the Commission for their hard work. His team will address the questions and concerns regarding drainage, parking, traffic control, and the building height. Amanda Wilson - Commented that developing this project will improve the drainage issues on the property with water from Blossom Hill no longer draining onto the site. Each lot has parking on its own site, and there are now three guest parking stalls on the site. Leo Trujillo - Commented that traffic improvements include a new bike lane on Union Avenue and a future bike lane on Blossom Hill, clearly defined crosswalks, signals incorporated with pedestrian phasing for safe crossing, and on-street parking. Gary Kohlsaat - Commented that the homes are well designed, backed up by the fact that the Town’s consulting architect had no comments on any of the homes. They have lowered the homes and moved them away from the neighbors to accommodate their concerns. Commission members asked questions of Mr. Trujillo, Mr. Kohlsaat and Ms. Wilson. Page 4 of 9 Planning Commission Minutes March 9, 2016 Gideon Gimlan - Commented that the real problem is traffic heading eastbound on Blossom Hill and making a left turn, because all the cars go fast to make the green turn light. He asked if a study had been done on the proposed impact to the existing retaining walls on the shared property line by the new traffic that would service the new homes in the development. Commission members asked questions of Mr. Gimlan. Lee Quintana - Commented that given that drainage is such an issue, the additional drainage studies referred to in conditions of approval 48 and 49 should be made available before any approval is given for the subdivision. The project meets the finding for denial as the project does not satisfy the state Subdivision Map Act. Commission members asked questions of Ms. Quintana. Maria Ristow - Commented that she was concerned about the lack of sidewalks, placement of the bike paths, and pedestrian bike safety. The Town is working on a bike and pedestrian master plan; her concern is that nothing be done that would hinder any plan that the Town wants to put into place. She asked for a sidewalk requirement as a condition of approval. Commission members asked questions of Ms. Ristow. Tim Cronin - Commented that the final configuration of the bike path is up to the Town. The project will take eight months to complete and they are open to deferring the bike path part of it until the Town decides what it wants. Amanda Wilson - Commented that their retaining wall goes deeper into the ground than is needed so as to not put a surcharge on the existing retaining walls on the shared property line. It will be structurally sound and not lean over into the neighbor’s property. Gary Kohlsaat - Commented that his team has worked very hard and he believes the Commission has everything it needs to make a decision. He requested the Commission put the application to a vote tonight. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission mem bers discussed the matter. Commission members asked questions of staff. MOTION: Motion by Commissioner Kane to deny Subdivision Application M-15- 001 and Architecture and Site Applications S-15-009 through S-15-011 on the basis that the subdivision does not satisfy the State Subdivision Map Act, in particular subsections (b), (c), and (d). Seconded by Commissioner Burch. Commission members discussed the matter. Commission members asked questions of staff. Page 5 of 9 Planning Commission Minutes March 9, 2016 VOTE: Motion passed 6-1 with Commissioner Erekson opposing. Community Development Director Joel Paulson cited the appeal rights. NEW PUBLIC HEARINGS 5. 152 Twin Oaks Drive Architecture and Site Application S-16-004 APN 532-15-026 Property Owner: Tom and Sally Edsall Applicant: Gary Kohlsaat Project Planner: Jennifer Armer Requesting approval to exceed the maximum floor area by enclosing an existing open accessory structure on a property zoned R-1:10. Chair Badame opened the public hearing. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. Tom Edsall - Commented that it would be more convenient if their pool pavilion were enclosed and to have a bathroom next to the pool. Given the size of the lot, it would be a small change and would enhance the overall balance of the property. Their neighbors support the project. Commission members asked questions of Mr. Edsall and Mr. Kohlsaat. Commission members asked questions of staff. Frank Griffin - Commented that his home backs up to the subject property and the applicants are exemplary neighbors. He urged the Commission to grant an exception, as they deserve it and will live there a long time. Gary Kohlsaat - Commented that the FAR is so low, it is not even 10%. The structure is already there. He asked the Commission to consider this particular project on a case-by-case basis. 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-16-004 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated March 9, 2016, and the development plans attached as Exhibit 7. The required findings were made as noted in Exhibit 2 of the staff report dated March 9, 2016. Seconded by Commissioner Burch. Commission members discussed the matter. Page 6 of 9 Planning Commission Minutes March 9, 2016 VOTE: Motion passed 5-2 with Vice Chair Kane and Commissioner Erekson opposing. Community Development Director Joel Paulson cited the appeal rights. 6. 15567-15569 Union Avenue Conditional Use Permit Application U-15-012 APN 523-41-036 Property Owner: DS Downing LP Applicant: Amber Reed Contact Person: Dan Cuschieri Project Planner: Jocelyn Puga Requesting approval to operate a coffee shop (Starbucks) with outdoor seating on property zoned C-1. Chair Badame opened the public hearing. Joel Paulson, Community Development Director, presented the staff report. Amber Reed - Commented that she is the store development manager and presented diagrams and photographs of several local Starbucks, as well as other locations. Commission members asked questions of Ms. Reed. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner Burch to approve Conditional Use Permit Application U-15-012 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated March 9, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated March 9, 2016. Seconded by Commissioner O’Donnell. VOTE: Motion passed 7-0. Community Development Director Joel Paulson cited the appeal rights. Chair Badame indicated that she would recuse herself from participating in Item 7, because she lives within 500 feet of the subject site. 7. 360 Bella Vista Avenue Subdivision Application M-15-005 Architect and Site Applications S-15—53 (Lot 1) and S-15-054 (Lot 2) APN 529-22-038 Property Owner: John Brady Applicant: Michael Black Project Planner: Marni Moseley Requesting approval to demolish an existing two-family residence, subdivide one lot into two lots, and construct two new single-family residences on property zoned R-1:8. Vice Chair Kane opened the public hearing. Marni Moseley, Associate Planner, presented the staff report. Page 7 of 9 Planning Commission Minutes March 9, 2016 Commission members asked questions of staff. Michael Black - Commented that if the lot is split, the Brady family, who owns the lot, will move into Lot 2 and Mr. Black’s development company will buy and develop Lot 1 as a single-family home to sell. John Brady - Commented that they were attracted to this site because it is in Los Gatos. They are doing the project for his grandchildren and as a way for a young family to own a home in this expensive area. The other factor is that the lot is so large at 11,000 square feet per lot, 30% larger than any lot on the street. Mike Drew - Commented that the family loves Los Gatos and looks forward to making new traditions in their new home. Chris Spaulding - Commented that there are no houses across the street. There is a wall of oak trees between the property and the house next door to the south, so they have left the existing driveway there to protect the oaks and to get their proposed two-story house away from the neighbor’s existing house. On the north side of the lot they moved the new house as far as possible from the adjacent house. The proposed detached garage is at the back where there is an existing building. This will take that mass out of the house and place it back where there is already a building. Michael Black - Commented that they gave a neighborhood awareness package to 16 neighbors and received three responses. The immediate neighbor to Lot 1 was concerned about her view of the hills, so they plan to increase the setback of Lot 1 by 8 feet and Lot 2 by 3 feet to help preserve her view. Commission members asked questions of Mr. Spaulding. Pat Tillman - Commented that he lives down the hill from the subject property and is very familiar with the site. He does not like the project; it is intimidating in its size. He said the lot might be large compared to the neighborhood, because it is a quaint neighborhood of very small homes. The lot is to be stuffed with two homes, each comparable to the existing duplex. This is another Bluebird Lane and it doesn’t belong here. Carol Hamilton - Commented that her house abuts Lot 1. She is pleased with Mr. Black’s statement that they plan to move the house next door back to preserve her view. When she first saw the story poles she found the size overwhelming. She was concerned about the loss of sun in the winter because her small home would be next to a much larger one. Los Gatos needs to step back and figure out what it wants in the future with respect to building. Commission members asked questions of Ms. Hamilton. Michael Black - Commented that this project is not similar to Bluebird Lane, because these lots are 11,000 square feet while Bluebird Lane lots are 4,000-6,000 square feet. The homes are designed to step back in the second story to help alleviate massing. They are trying to move the houses back to preserve the neighbor’s view as well as the oak tree in the front yard. They are also willing to move their first floor elevations down 6 inches to reduce the effective height. Commission members asked questions of Mr. Black. Page 8 of 9 Planning Commission Minutes March 9, 2016 Vice Chair Kane 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 O’Donnell to approve Subdivision application M-15-005, subject to the conditions of approval as noted in Exhibit 3 of the staff report dated March 9, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated March 9, 2016. Seconded by Commissioner Hanssen. VOTE: Motion passed 5-1 with Commissioner Erekson opposing. MOTION: Motion by Commissioner O’Donnell to deny Architecture and Site Applications S-15-053 (Lot 1) and S-15-054 (Lot 2) based on the size of the residences, the mass and scale in comparison to houses in the immediate area, and the potential impact on traffic. Seconded by Commissioner Hanssen. Commission members discussed the matter. VOTE: Motion passed 6-0. Community Development Director Joel Paulson cited the appeal rights. NEW OTHER BUSINESS 8. Report from Community Development Director, Joel Paulson • The applicant has run into a challenge with the North 40 story pole installation due to recent rains, necessitating the rescheduling of the March 23, 2016 hearing date. The matter is tentatively scheduled for the March 30, 2016 agenda for a special meeting. Additionally, the Town Council will discuss recommendations from the Town Council Policy Committee regarding formula retail and Ordinance 2021 at its next meeting. 9. Commission Matters • None. ADJOURNMENT Meeting adjourned at 11:00 pm. Page 9 of 9 Planning Commission Minutes March 9, 2016 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, March 9, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director