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Draft Mins 05.25.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING MAY 25, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, May 25, 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 Commissioner Hanssen led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Item 3. REQUESTED CONTINUANCES – ITEM 2 MOTION: Motion by Commissioner O'Donnell continue the public hearing for 18151 Overlook Road to June 8, 2016. Seconded by Vice Chair Kane. VOTE: Motion passed 7-0. SUBCOMMITTEE REPORTS Historic Preservation Committee Vice Chair Kane - The 5/25/16 HPC meeting considered two matters: - 22 Glen Ridge Avenue - 121 Glen Ridge Avenue VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR 1. Approval of Minutes – May 11, 2016 MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Erekson. VOTE: Motion passed 7-0. Page 2 of 6 Planning Commission Minutes May 25, 2016 PUBLIC HEARINGS 3. 341 Bella Vista Avenue Architecture and Site Application S-12-103 APNs 529-23-015 and 529-23-016 Property Owner: Jake Peters and Dan Ross Applicant: Dan Ross Project Planner: Marni Moseley Requesting approval to construct a single-family residence and remove large protected trees on property zoned R-1:8. A Mitigated Negative Declaration has been prepared. Continued from 4/13/2016. Chair Badame indicated she would recuse herself from participating in the public hearing for Item 3 due to the project site being located within 500 feet of her residence. 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, who have reduced the home size 42% since the Town Council hearing. They believe Planning Commission and Council direction in 2011 was for overall reduction of square footage, not elimination of one house and reduction of the square footage of the other. They have confirmed the accuracy of their topographical survey, which had been questioned by a neighbor. Commission members asked questions of Mr. Hectman. Chris Hundemer - Commented that he is a co-owner of C2Earth Geotechnology. The house will improve the stability of the slope, because retaining walls will support the soil and have a back-drain system to dewater the soil. The reinforced foundation will also improve the stability. Commission members asked questions of Mr. Hundemer. Robert DiNapoli - Commented that he lives across the street from the proposed project and does not support it. He and his neighbors believe the project will change the safety, appeal and the neighborhood itself. The driveway to the garage is steep, and the cars parked around the driveway will block the site of cars exiting the driveway. Commission members asked questions of Mr. DiNapoli. Nicholas Williamson - Commented that he lives directly below the proposed project, which is massive, intimidating, invasive and damaging to the natural environment. It violates the Hillside Standards that state a house shall not be prominently visible to surrounding properties. The project is a three-story elevation, exceeds the maximum FAR, and is not compatible with the neighborhood. Commission members asked questions of Mr. Williamson. Page 3 of 6 Planning Commission Minutes May 25, 2016 Erin Johnson - Commented that the project does not follow the standards, such as protecting the privacy of neighboring homes and to not be prominently visible to surrounding properties. The bulk and scale is shockingly massive. Patrick Tillman - Commented that the General Plan, Land Use Plan, and the Hillside Development Standards and Guidelines all predate Mr. Ross and are very specific with respect to neighborhood issues and neighbors right to privacy. The proposed house is larger than anything in the surrounding neighborhood. Commission mem bers asked questions of Mr. Tillman. Dr. Timothy Coughlin - Commented that he lives across the street from the proposed project. His main concern is the loss of the trees. He asked that the utility wires across the front of the property be undergrounded if the trees are removed, because with the trees gone, all they will see is wires. The driveway and garage would be difficult to navigate, leading to cars being parked on the street. Jeff Saunders - Commented that he speaks on behalf of people who live near the proposed project. The applicants have compromised by offering to give up one of their buildable lots. The new plan conforms to the current rules and fits well into the neighborhood. The site is not difficult; there are many homes in Los Gatos built on slopes. Sandy Decker - Commented that this property is a perfect example of why the community writes and upholds protective land use law. The reasons nothing has been built on the lot are all found in the Los Gatos land use requirements. The slope is 50 degrees, and removal of the trees will destabilize it. The use of both “story” and “cellar” violate the zoning definitions. The ingress and egress on Bella Vista is still very dangerous. This proposal does not comply with the General Plan or the Hillside Development Standards and Guidelines. Commission members asked questions of Ms. Decker. Lee Quintana - Commented that she agreed with Ms. Decker’s comments. She asked the Commission to not focus on the geotechnical, but instead focus on land use that includes the General Plan and the Hillside Design Guidelines. The plan does not restore the property to its existing contours to the greatest extent possible, and patios on the sides is one of the reasons. The proposed redesign does not step back the second story or step with the topography of the hill. Commission members asked questions of Ms. Quintana. Shannon Susick - Commented that the project should be denied. Given the number of years this project has been looked at, it is clear the applicant is not listening to the neighbors, not listening about the trees, or the road and the impact. She proposed that the Town review the use and definitions of “cellars,” “basement,” “FAR,” “floor,” and, “stories,” and consider modification of these terms. Forrest Straight - Commented that he lives below the subject site and from his perspective would see a three-story building that is 100% larger and ten feet closer than last proposed. To achieve this house the applicant would have to clear-cut all the heritage oak trees, which are in excellent health. The proposed first story is not a cellar, because cellars do not have three sides exposed to daylight, as this does. The Town’s definition of cellar needs to be changed. Page 4 of 6 Planning Commission Minutes May 25, 2016 Vitaliy Stulski - Commented that he lives below the subject site and does not support the project. He agreed with the points made by other speakers. He is concerned with the bulk and mass, and the cellar that is creatively not counted as FAR. The project is too huge, especially as seen from down below. There will be environmental impacts of cutting down the trees and making the slope less green. Eric Morley - Commented that his business is across the street from the subject site. The applicant has complied with the direction of the Town Council and Planning Commission from 2011: merge the lots, build one home, have significantly less square footage. This proposal complies with the Town’s regulations. Eleanor Leishman - Commented that she continues to be concerned about the driveway. Given the constraints of the property and how close it is to the townhomes, bulk and mass is really the issue. The footprint is large with all the decks, patios, and outside stairwells, and the project will loom over the residents of the townhomes. The serious excavation and destruction of the hillside is legitimate cause to not approve the Mitigated Negative Declaration. Debra Chin - Commented that a thorough review of the facts should lead the commissioners to deny the project for many of the same reasons as in 2011. In 2011 the Planning Commission did not specify that the lots should be merged and one house built instead of two, as has been suggested by other speakers. The impact of one home to the townhomes is larger than that of two homes, because it is one larger structure. Rev. Rebecca Wilson - Commented that Bella Vista is a main route that is very busy with auto and foot traffic. The construction and additional parked cars on the blind curve brings danger to this already congested area. Will the Town be responsible for the additional danger it poses to pedestrians and autos on these blind curves if it allows deviations to the hillside rules and Town standards and ordinances? Commission m embers asked questions of Rev. Wilson. Melanie Kemp - Commented that she lives in the townhome development at the foot of the proposed project. She is concerned about the lack of privacy the project would impose on the Maggi Court owners. As a realtor she knows it would be difficult from a sales standpoint to get buyers when they see the proposed structure 30 feet away, and there is no way to screen it. Commission members asked questions of Ms. Kemp. Ken Lown - Commented that the project has not reduced its mass and scale from the perspective of Maggi Court, which sees 1,500 square feet of wall which is huge relative to the Maggi Court homes. He has never seen a home where there is a direct line of site between two homes into somebody’s bedroom. Mary Ann Lown and Laura Williamson - Commented that they are presenting the Commission with a petition signed by 62 people from the Maggi Court complex and Bella Vista, all against the proposed project. The petition outlines the concerns such as bulk and mass, privacy, removal of protected trees, and road safety. They ask that the application be denied. Page 5 of 6 Planning Commission Minutes May 25, 2016 Janet Carmona - Commented that the proposed home does not fit with the neighborhood. The project is being heard once again because the developer refuses to accept no for an answer. While she appreciates the developer’s right to build, they assumed the risk when purchasing the land. She asked the Planning Commission to deny the application. Commission members asked questions of Ms. Carmona. Barton Hechtman - Commented that there are other homes built on slopes in Los Gatos. Houses being visible to each other is a fact of urban living, but their landscaping plan proposes many trees which will play a large roll in ensuring the home does not loom over the Maggi Court townhomes. The driveway is sloped to bring the home’s height down and be less imposing to the downhill neighbors. The patio on the south end is emergency access and functions as open space, but it is on the secluded side and not closer to the townhomes. Commission members asked questions of Mr. Hechtman, Dan Ross and Mr. Hundemer. 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. MOTION: Motion by Commissioner Burch to continue the public hearing for 341 Bella Vista Avenue to the meeting of June 22, 2016 to allow the applicant to work with neighbors on issues of privacy and mass and scale. Seconded by Commissioner Erekson. VOTE: Motion passed 6-0 OTHER BUSINESS 4. Report from Community Development Director, Joel Paulson • New Planning Manager Sally Zarnowitz has joined Town staff. 5. Commission Matters • Commissioner Hanssen stated it is important that the Town review the Cellar Policy and floor area calculations relative to the hillsides, due to multiple applications where the cellar is used as a way to get around the Town’s floor area requirements. ADJOURNMENT Meeting adjourned at 11:13 pm. Page 6 of 6 Planning Commission Minutes May 25, 2016 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, May 25, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director