Draft Mins 05.11.16DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MAY 11, 2016
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, May
11, 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
Absent: Commissioner Kendra Burch, Commissioner Tom O’Donnell
PLEDGE OF ALLEGIANCE
Commissioner Erekson led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Items 2 and 3.
REQUESTED CONTINUANCES – ITEM 2
Chair Badame indicated that she would recuse herself from participating in the public hearing for
Item 2 due to a perceived conflict of interest with one of the four appellants.
PUBLIC HEARINGS
2. 19 Highland Avenue
Architecture and Site Application S-15-077
APN 529-37-033
Property Owner/Applicant: Ed Pearson
Appellants: Badame, Roberts, Smullen, and Spalding Families
Project Planner: Marni Moseley
Consider an appeal of a decision of the Development Review Committee approving an
Architecture and Site Application to construct a new single-family residence and remove large
protected trees on property zoned HR-2½.
Vice Chair Kane opened the public hearing.
Commission members asked questions of staff.
Dede Smullen
- Commented that she represents the appellants. They were not consulted about the hearing date
of May 25, and three of the four appellants are not available on that day. They would like to
continue the hearing to June or later, but May 25 will not work. They want to speak to this
application in a public hearing with all the appellants present.
Commission members asked questions of Ms. Smullen.
Bess Wiersema
- Commented that she is Ed Pearson’s architect. May 25 is an important date for them, as they
have several professional consultants scheduled for that date: arborist, geotechnical expert,
ecological consultant, land use attorney, and architect. A time delay would not be in the best
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Planning Commission Minutes May 11, 2016
interest of her client, because as more time goes by it will be more difficult to begin construction
as they enter the future potential rainy season.
Vice Chair Kane 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.
Vice Chair Kane reopened the public input portion of the hearing.
Commission members asked questions of Ms. Smullen.
Cindy McCormick
- Commented that she is the applicant’s fiancée. She pointed out the third page of the desk item
indicates that the planner had spoken with Ms. Smullen two weeks earlier regarding a hearing
date and that the appellants knew about the May 25 hearing date.
Commission members asked questions of Ms. McCormick.
Bess Wiersema
- Commented that they have gone multiple rounds on the project. The project has been properly
noticed. They have six professional people that they were able to organize for the May 25 date
and hope the appellant group can do the same.
Commission members asked questions of Ms. Wiersema.
Ed Pearson
- Commented that they could make a June 8 meeting, but they could not guarantee if any of the
professional consultants could be available, so he would have to take his chances on that date.
Commission members asked questions of Ms. Smullen.
Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner Erekson to continue the public hearing for 19
Highland Avenue to the meeting of June 8, 2016.
Seconded by Commissioner Hanssen.
VOTE: Motion passed 4-0.
Chair Badame returned to the hearing.
SUBCOMMITTEE REPORTS
Historic Preservation Committee
Vice Chair Kane
- The 5/11/16 CDAC meeting considered four matters:
- 135 Johnson Avenue
- 1692 Kennedy Road
- 112 Los Gatos Boulevard
- 125 Wheeler Avenue
VERBAL COMMUNICATIONS (AUDIENCE)
None.
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Planning Commission Minutes May 11, 2016
CONSENT CALENDAR
1. Approval of Minutes – April 27, 2016
MOTION: Motion by Commissioner Erekson to approve adoption of the Consent
Calendar.
Seconded by Commissioner Hanssen.
VOTE: Motion passed 5-0.
PUBLIC HEARINGS (CONTINUED)
3. 22 S. Santa Cruz Avenue
Conditional Use Permit Application U-16-003
APN 510-45-014
Property Owner: Ronald M. Tate
Applicant: Ballard Schools, Inc.
Project Planner: Jocelyn Puga
Requesting approval for a Conditional Use Permit to operate group cooking classes (Cucina
Bambini) with beer and wine service and alternative use of parking on property zoned C-2.
Chair Badame opened the public hearing.
Jocelyn Puga, Assistant Planner, presented the staff report.
Commission members asked questions of staff.
Rick Ballard
- Commented that Cucina Bambini has been open at their current location for eight years and
offers cooking classes for all ages. Over half of their business is private parties and events. They
excited about this location because of the parking, and because it is across the street from a
farmers market. They have served beer and wine at their current location for three years and
have had no incidents. Beer and wine is essential to their business and allows them to do
corporate events, adult dinner parties, et cetera.
Commission members asked questions of Mr. Ballard.
John Machado
- Commented that he and the property owner are very happy with Cucina Bambini. He visited the
current location and received positive feedback from neighboring retailers. They like the idea that
the restaurant’s program caters to children and are educational classes. They feel this is a proper
fit for Los Gatos as it is not a formula retail. They believe this use will be there long term and
serve the community.
Ron Tate
- Commented that he has owned the property for 18 years. He said his building needs destination
businesses such as Cucina Bambini to bring in foot traffic, because the area does not get very
much. Eight retail tenants in his building have failed due to lack of traffic. He and his employees
park in the Toll House parking lot where he leases parking spaces; they do not park on the site or
impact its parking at all.
Commission members asked questions of Mr. Tate.
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Planning Commission Minutes May 11, 2016
Lee Quintana
- Commented that there are growing trends, emerging spaces, changing spaces from retail uses to
less intensive retail with just a little bit of retail, and alcohol with practically everything; the
Planning Commission needs to consider these issues.
Rick Ballard
- Commented that his use complies with the calculations and allocations within the parking district
for businesses. Four to one is what restaurants use, that is more appropriate for them, that is why
he is comfortable with their parking calculations, because most people come to his venue in
groups, just like going to a restaurant. Drastic changes to the parking or refusal of alcohol would
change their business model and likely make it untenable for them.
Commission members asked questions of Mr. Ballard.
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 Hanssen to approve Conditional Use Permit
Application U-16-003 subject to the conditions of approval as noted in
Exhibit 3 of the staff report dated May 11, 2016, with the added
conditions that the applicant shall inform customers of alternate parking
options in town; staff shall be present when there is a non-employee
instructor leading a cooking class; alcohol shall not be served at events
that include children; 19/1 and the 34/2 shall be eliminated from the chart
in Exhibit 5. The required findings were made as noted in Exhibit 2 of the
staff report dated May 11, 2016.
The motion failed due to lack of a second.
MOTION: Motion by Commissioner Hudes to incorporate the elements from
Commissioner Hanssen’s motion and add the following conditions: There
shall be a three-month, six-month and annual review; the numbers
mentioned in the table shall be maximum numbers in the Conditional
Use Permit; the maximums shall be 16 students and 2 instructors for
daytime use, and 31 students and 3 instructors for the evening and
weekends, and a reference to the ratio chart; language shall be added to
use the term “instructors and staff,” or, “instructors/staff,” and “students
and customers,” or, “students/customers”; and Cucina Bambini staff shall
be present when a guest chef is teaching a class.
Commission members asked questions of staff.
Vice Chair Kane requested the motion be amended to include as a condition that no alcohol
service shall be permitted in the drop-in space.
The maker of the motion did not accept the amendment to the motion.
Seconded by Vice Chair Kane.
Commission members discussed the matter.
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Planning Commission Minutes May 11, 2016
Commission members asked questions of staff.
VOTE: Motion passed 4-1 with Commissioner Erekson opposing.
4. 101, 111, and 121 Albright Way
Architecture and Site Application S-16-013
APNs 424-31-068, 424-32-079 and 424-32-082
Property Owner: LG Business Park Building 3 LLC, LG Business Park Building 4 LLC, and
Wealthcap Los Gatos 131 Albright.
Applicant: James Abeyta, Form 4 Architecture
Project Planner: Jocelyn Puga
Requesting approval to construct two elevated pedestrian bridges connecting the third levels
of Buildings 2 and 3, and 3 and 4 on property zoned Albright Specific Plan.
Chair Badame opened the public hearing.
Jocelyn Puga, Assistant Planner, presented the staff report.
Commission members asked questions of staff.
James Abeyta
- Commented that the purpose for the walkways is to improve site circulation and connectivity
between the buildings. The proposed bridges are very similar to the existing bridge, although site
constraints necessitated a change in some materials and proportions.
Lee Quintana
- Commented that on sheet A-4.3, photo 2 she didn’t understand what all of this is, because you
can see all the parking spaces.
Commission members asked questions of Mr. Abeyta.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner Erekson to recommend approval of
Architecture and Site Application S-16-013 to Town Council, subject to
the conditions of approval as noted in Exhibit 3 of the staff report dated
May 11, 2016 and the development plans in Exhibit 7. The required
findings were made as noted in Exhibit 2 of the staff report dated May
11, 2016.
Seconded by Commissioner Hudes.
VOTE: Motion passed 5-0.
NEW OTHER BUSINESS
5. Report from Community Development Director, Joel Paulson
• Town Council met 5/3/16; denied the appeal for 360 Bella Vista and remanded the
applications back to the Planning Commission; granted an appeal for Union Avenue and
Blossom Hill Road project.
6. Commission Matters
• None.
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Planning Commission Minutes May 11, 2016
ADJOURNMENT
Meeting adjourned at 10:10 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, May 11, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Community Development Director