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Draft Mins 04.13.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING APRIL 13, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, April 13, 2016, at 7:00 pm. MEETING CALLED TO ORDER Vice Chair Kane called the meeting to order at 7:00 pm. ROLL CALL Present: Vice Chair D. Michael Kane, Commissioner Kendra Burch, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Tom O’Donnell Absent: Chair Mary Badame PLEDGE OF ALLEGIANCE Commissioner O’Donnell led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Items 2, 3 and 4. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS None. VERBAL COMMUNICATIONS (AUDIENCE) John Shepardson - In 2003 Los Gatos had zero unfunded liabilities. Today Los Gatos has $54 million in employment related liabilities, and no money to fix roads that are in poor condition. The Town uses big developments to support the police budget and fund other Town services, leading to financial and political pressure to approve the large North 40 development. Angelia Doerner - Commented that the requirements under the Story Pole Policy were not met for the recent North 40 Phase 1 public hearing. The Planning Commission closed the public comment period at the end of the March 30, 2016 North 40 hearing, meaning the record is closed and no other public testimony can be considered. If the Planning Commission cannot take any action until the Town Council finishes their April 19th meeting, the public cannot have received due process and they should have an opportunity to comment on these things as well. Commission m embers asked questions of Ms. Doerner. CONSENT CALENDAR 1. Approval of Minutes – March 23, 2016 and March 30, 2016 MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Erekson. VOTE: Motion passed 6-0. Page 2 of 7 Planning Commission Minutes April 13, 2016 PUBLIC HEARINGS 2. 663 Blossom Hill Road, Suite 200 Conditional Use Permit Application U-16-002 APN 529-65-028 Property Owner: Linda L. Lester c/o Lester Investment Applicant: LGC Barre LLC, Shadin Saah and Stacy Barrett Project Planner: Erin Walters Requesting approval for a new fitness studio (Barre Method Studio) with group classes on property zoned CH:PD. Vice Chair Kane opened the public hearing. Erin Walters, Associate Planner, presented the staff report. Commission members asked questions of staff. Stacy Barrett and Shadin Saah - Commented that many of their students are within walking distance to their proposed location at Lester Square. They are very aware of the parking problem and will ask their students to walk or bike to class, and have fitness challenges that will encourage walking or biking to class. Commission members asked questions of Ms. Barrett and Ms. Saah. Eric Rafia - Commented that there is a deficiency in the Town’s code in terms of how to deal with parking, with commercial and medical uses facing significant traffic impact fees, while health clubs generate as much traffic as medical, but do not have to pay fees. He asked what constitutes a commercial use? Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner O’Donnell to approve Conditional Use Permit Application U-16-002 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated April 13, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated April 13, 2016, plus the additional condition that staff review parking in one year, and bring the information to the Planning Commission to determine if other conditions should be imposed. Seconded by Commissioner Burch. Commission members discussed the matter. Commissioner Erekson requested the motion be amended to modify Condition 12 to place a limitation on the number of children who could be in the child care facility to a maximum of five with a maximum of one hour, as stated by the applicant. The maker of the motion accepted the amendment to the motion. The seconder of the motion accepted the amendment to the motion. VOTE: Motion passed 6-0. Community Development Director Joel Paulson cited the appeal rights. Page 3 of 7 Planning Commission Minutes April 13, 2016 3. 341 Bella Vista Avenue Subdivision application M-12-103 Architecture and Site Application S-12-008 Negative Declaration ND-16-001 APN 529-23-015 and 016 Property Owner: Jake Peters and Dan Ross Applicant: Dan Ross Project Planner: Marni Moseley Requesting approval to merge two lots, to construct a new single-family residence, and remove large protected trees on property zoned R-1:8. No significant environmental impacts have been identified and a Mitigated Negative Declaration is recommended. Vice Chair Kane opened the public hearing. Marni Moseley, Associate Planner, presented the staff report. Commission members asked questions of staff. Barton Hechtman - Commented that he represents the applicants, Dan and Deborah Ross, who have worked on this home improvement process for more than a decade. The Ross’s propose a lot merger to create one legal lot with one home, complying with all Town codes. The home was designed to minimize the need to use the side and rear yards for outside entertainment to minimize the impact to the townhome neighbors. Other significant privacy measures have been taken. Commission members asked questions of Mr. Hechtman and Dan Ross. Mary Ann Lown - Commented that she was concerned about geological safety and that their retaining wall may move due to earth movement during construction. She was concerned about construction objects falling onto the path in the back. Removing the old oak trees and important green tree canopy will add to soil erosion. Commission members asked questions of Ms. Lown. Natalia Stulskaya - Commented that she lives down the hill from the subject site. She is concerned about the structure being excessively large, the removal of the large trees, safety, and construction noise. Debra Chin - Commented that the Hillside Development Standards and Guidelines prohibit the three-story elevation. The bedrooms in the cellar runs contrary to the Cellar Policy, as it adds additional bulk and mass from the rear facing the neighboring townhomes. The proposed home is now 46% larger than the prior plans, and 53% larger than the average homes on the west side of Bella Vista. Commission members asked questions of Ms. Chin. Pat Tillman - Commented that when he met with the applicant and questioned him, the applicant gave evasive answers. The applicant’s initial presentation was misleading, as is this one. The Town planners appear to be assisting the developer, rather than protecting the neighborhood. He has sent letters to the Planning Commission. Page 4 of 7 Planning Commission Minutes April 13, 2016 Commission members asked questions of Mr. Tillman. Erin Johnson - Commented that if the application is approved she will have a house towering over her and peering in. The Hillside Development Standards are in place for a good reason. This is the fifth hearing in five years, because the applicant insists on building a bloated house on a cliff, with disregard for rules and guidelines. Commission members asked questions of Ms. Johnson. Nicholas Williamson - Commented that he lives directly below the project site. He is concerned about geotechnical safety and contests staff’s statement that this is not a hillside of great concern. There are very significant constraints on the lot that may make it impossible to build upon. The hillside law must be applied very strictly, and this proposal breaches the hillside law in multiple places. Commission members asked questions of Mr. Williamson. Ken Lown - Commented that the effect of the story poles from Mr. Williamson’s back yard are visceral, because the mass and scale is sitting within 45 feet. Several neighbors work from home, which will become impossible during construction due to noise. In the event of a fire at the proposed residence the only place they could attack it from would be Bella Vista, so the water would run down his hill. Forrest Straight - Commented that this particular proposal is larger than the last one, and about 10 feet closer. The proposed structure would loom six floors almost vertically above his home. The property is considered by the county to be in a hazard zone for fault rupture, landside, and liquefaction. Removing the large trees will destabilize the hill. Commission m embers asked questions of Mr. Straight. Tim Coughlin - Commented that he lived directly across from the subject property. He would like the plan to work around the existing large trees, so that they can be preserved. Eleanor Leishman - Commented that she lives two houses north of the subject property. This project would impact Bella Vista’s traffic issues in a negative way. Many people walk or ride bikes on Bella Vista, a street with a history of traffic safety problems, and a high volume of cars on the street. The proposed driveway would not give a clear line of sight when backing out onto Bella Vista. Shannon Susick - Commented that a new arborist report should be provided, because the current one appears to be dated. The condition of the trees should be looked at again since the recent winter rains. The comparable addresses on the other side of the street provided by staff are inappropriate, because they are on flat sites. Janet Carmona - Commented that she opposes the proposed project because the architecture is completely out of context with the neighborhood and not in harmony with the natural setting. It has three elevations in a neighborhood with one- and two-story homes. The Los Gatos Hillside Standards prohibits three story elevations. Commission members asked questions of Ms. Carmona. Page 5 of 7 Planning Commission Minutes April 13, 2016 Barton Hechtman - Commented that the process they are engaged in is not to protect the neighborhood, it is to apply the law as written in a way that recognizes the rights of property owners and balances those rights with the compatibility issues of the neighbors. They plan to hold a community forum before the next hearing. Commission members asked questions of Mr. Hechtman. 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. Vice Chair Kane reopened the public input portion of the hearing. Commission members asked questions of Mr. Hechtman. Commission members discussed the matter. Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 341 Bella Vista Avenue to the meeting of May 25, 2016. Seconded by Commissioner Hudes. VOTE: Motion passed 6-0. 4. 18151 Overlook Road Architecture and Site Application S-14-056 APN 510-40-146 Property Owner: Ronald M. Tate Applicant: Urban West, LLC, Nicole King Project Planner: Erin Walters Requesting approval to demolish an existing single-family residence, to construct a new single-family residence, and obtain a grading permit on property zoned R-1:8. Vice Chair Kane opened the public hearing. Erin Walters, Associate Planner, presented the staff report. Commission members asked questions of staff. Lance Tate - Commented that Urban West is a family-owned Los Gatos-based real estate development company. The Craftsman style of the proposed home is the most widely accepted style, and the Town’s consulting architect has determined that the project is compatible with the existing neighborhood. They raised the elevation of the house to protect three mature trees on the site. Many aspects of the project improve the privacy from that of the existing structure, and the neighbors agree. Page 6 of 7 Planning Commission Minutes April 13, 2016 Commission m embers asked questions of Mr. Tate. David Kelly - Commented that he lives behind the subject property and has privacy concerns, mostly because the window height of the proposed house is higher than the sliding glass door on the existing house. He asks to keep the height of the windows at the same level as the glass door, which would ensure them the same level of privacy they have today. Commission m embers asked questions of Mr. Kell y. Commission members asked questions of staff. Rita Kelly - Commented that the proposed structure is too tall for the neighborhood and negatively impacts homes around it, especially hers. The proposed additional four feet looks like an additional level and is huge. The occupants of the proposed house would be able to look into her family room, back yard, and guest cottage. Commission m embers asked questions of Ms. Kelly. Kim Roper - Commented that she is the Kelly’s neighbor. The photos presented of the Kelly’s home do not do the situation justice, and the Commission should visit the home, where right at the kitchen the window of the proposed house dominates. The proposed project would change the neighborhood and there have been trees removed from the lot. Commission members asked questions of Ms. Roper. Lance Tate - Commented that the property was overgrown when they purchased it. During maintenance they damaged the roots of a tree in the back, and went through the proper permitting process to remove the injured tree. He would be willing to plant screening trees on the Kelly’s property so that they could be in control of them, and escrow the cost of the maintenance of the trees for the next ten years. Commission members asked questions of Mr. Tate and Chris Spaulding. Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. Vice Chair Kane reopened the public input portion of the public hearing. Commission members asked questions of Mr. Tate. Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner Burch to continue the public hearing for 18151 Overlook Road to the meeting of May 25, 2016. Seconded by Commissioner Hanssen. Commission members discussed the matter. VOTE: Motion passed 6-0. Page 7 of 7 Planning Commission Minutes April 13, 2016 NEW OTHER BUSINESS 5. Report from Community Development Director, Joel Paulson • Town Council met 4/5/16; considered a modification to the original story pole exception granted to the North 40 project, then continued it and asked for additional information. The matter will come back to the Town Council at the April 19, 2016 meeting. 6. Commission Matters • With respect to the next North 40 Phase 1 public hearing: o Commissioner Hanssen said it is important to have a good structure for the hearing, because the issues are so complex. Educating the public on the relationship of the Housing Element to the North 40 is prudent, and explains what latitude the Commission does and does not have. o Commissioner O'Donnell said he intends to explore the things the Commission can do, but he also needs to know the limitations on what they can’t do, considering the y are giving a recommendation to the Town Council. o Commissioner Erekson said they should explore the structure of how the Commissioners will ask questions of staff and the applicant, and how they will deliberate, because there are hundreds of intertwined issues to consider. ADJOURNMENT Meeting adjourned at 10:56 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, April 13, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director