Item 1 - Draft Minutes of January 9, 2019
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/23/2019 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
JANUARY 9, 2019
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, January 9, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Vice Chair Matthew Hudes, Commissioner Mary Badame, Commissioner Kendra Burch,
Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, Commissioner Reza Tavana
Absent: Commissioner Tom O’Donnell
PLEDGE OF ALLEGIANCE
Commissioner Janoff led the Pledge of Allegiance. The audience was invited to participate.
VERBAL COMMUNICATIONS
None
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – December 12, 2018
MOTION: Motion by Commissioner Burch to approve adoption of the Consent
Calendar. Seconded by Commissioner Badame.
VOTE: Motion passed 5-0 with Commissioner Tavana abstaining.
PUBLIC HEARINGS
2. 248 Jared Lane
Architecture and Site Application S-16-054
APN 532-34-071
Property Owner/Applicant: Sam Pan
Project Planner: Sean Mullin
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Requesting approval for construction of a new single-family residence and removal of
large protected trees on vacant property zoned HR-1. Continued from April 11, May 23,
June 27, September 26, November 14, and December 12, 2018
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Sam Pan
- They have made changes based on the Planning Commission’s recommendations. They
tried to push the house completely into the LRDA, and the garage is now pulled out from
the LRDA line. The bulky rounded staircase has been eliminated and the living square
footage for the upgrade is reduced. The new building is cut with angles to reduce the
massing. The top of the roof has been cut into three different smaller roofs. The design
now looks like a two-story. The total new excavation number is 25 percent less than the
previous design due to elimination of a crawlspace. The retaining wall for a new driveway
would be made of concrete with cultured stone.
Kim Rudolph
- She and her husband live just above the subject property. She is concerned that she and
the other neighbors had not received notice of this hearing. The project greatly impacts
them, and they want to attend each meeting.
Allen Rudolph
- They have access problems because Jared Lane is very narrow and could be dangerous in
case of a fire, and also it would be difficult for emergency vehicles to get in to fight any fire.
He asked that the application be conditioned to ensure that no vehicles are parked on
Jared Lane, because it is very difficult for any type of car to get by a parked vehicle.
Nihn Le
- It would be very difficult to move the garage farther out because of the angle of turning
coming from Jared Lane, and it would be impossible to move the garage up and still meet
the fire department requirements. The garage can only move towards the high side of the
hill, but not towards Jared Lane.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to deny an Architecture and Site
Application for 248 Jared Lane. Seconded by Commissioner Badame.
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Commissioners discussed the matter.
VOTE: Motion tied 3-3.
The Deputy Town Attorney indicated that Commissioner Tavana had not reviewed video of
the prior meetings regarding 248 Jared Lane and he would therefore have to abstain from
voting and the question could be recalled.
Vice Chair Hudes recalled the question.
VOTE: Motion failed 3-2 with Vice Chair Hudes and Commissioners Hanssen
and Janoff opposing, and Commissioner Tavana abstaining.
MOTION: Motion by Commissioner Hanssen to continue the public hearing for 248
Jared Lane to a date certain. Seconded by Commissioner Janoff.
Commissioners discussed the matter.
Commissioner Hanssen amended her motion to declare March 13, 2019 as the date certain.
The seconder of the motion accepted the amendment.
VOTE: Motion passed 3-2 with Commissioners Burch and Badame opposing
and Commissioner Tavana abstaining.
3. 236 Las Miradas
Architecture and Site Application S-17-024
APN 424-24-020
Property Owner/Applicant: Yujan Wang, Jia Liu
Project Planner: Sean Mullin
Requesting approval for construction of a new second-story addition to an existing
single-family residence on property zoned R-1:8.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
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Yujun Wang
- Their current home is not large enough for their family of four. All comments by the
Town’s Consulting Architect have been addressed, and the current design is consistent with
the Residential Design Guidelines and is compatible with the neighborhood. Their lot is
small and so they must build up to get enough space. The neighborhood is in transition
and there is a need for two-story homes. They have reached out to 63 neighbors who now
support the project.
Andrew Ferguson
- He lives next door to the applicants and supports the project. To not support the project
would be stepping on the American Dream.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to approve an Architecture and Site
Application for 236 Las Miradas. Seconded by Commissioner Hanssen.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
4. 114 S. Santa Cruz Avenue
Conditional Use Permit Application U-18-020
APN 510-45-061
Property Owner: 102 S. Santa Cruz, LP
Applicant: Brian Edwards
Project Planner: Jocelyn Shoopman
Requesting approval for a restaurant with beer and wine service (Hapa’s Brewing Co.)
on property zoned C-2.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Opened Public Comment.
Brian Edwards
- He and his business partner currently operate a full brewery in San Jose, and this new
location would serve the same beers, so in that sense this location would be an extension
of their current taproom in San Jose. They are not a bar in the traditional sense, as they
would not serve hard alcohol, would not stay open late, or have loud music. Their current
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taproom in San Jose is family-friendly, and this location would be also, with a casual
environment that is missing from the downtown corridor. They have no plans for outdoor
entertainment, and would be amenable to closing the patio early to keep noise levels
down. The beer garden would keep all drinking contained.
Ken Nelson
- He owns and operates the Rural Supply Hardware at 110 S. Santa Cruz. His business
already shares the parking lot with the spa business next door as well as 1 Broadway
upstairs, and that goes on well into most evenings, and the parking lot is absolutely full
many times. The impact of an additional business would be a big deal for that corner. His
business closes at 6 p.m., but they have to deal with the mess and cleanup and wear and
tear on the parking lot.
Tim Nelson
- He is co-owner of the hardware store with his brother Ken. He has talked with the
businesses and neighbors in the area and there is a lot of concern. His biggest concern is
parking, because there simply is not enough. The parking issue the applicants talked about
goes back to a 1980s parking district that never came to fruition; those spots do not exist
and are termed “phantom parking places.” He has worked at that location since 1974 and
the fact is there is not enough parking and he is concerned patrons of Hapa’s would
overflow into their parking lot.
Matt Sridhar
- He is the property owner. The way the real estate is set up it is clear which parking spots
belong to the Rural Supply building, and he believes the parking issues have been dealt
with. There are very clear signs posted in the parking area that demark the difference
between the Rural Supply and the 114 S. Santa Cruz parking. This application has complied
with the parking. He fully vetted this tenant and supports their application 100 percent.
He has spent a lot of money improving the site and it has been sitting vacant since 2014.
Larry Lenhart
- He lives diagonally across the street from the subject property. They also did not receive
notice about the meeting. This is the most unusual thing he has seen for a restaurant or
bar in the town, because instead of being on the street this bar would be 300 feet off of
Santa Cruz and directly into the residential community, abutting properties with families
and a retirement community. The CUP asks for amplified music till 11:00 p.m. with 50
people outdoors drinking.
Maria Ristow
- Because the CUP runs with the land you can’t give the applicants’ a closing time of 11 p.m.
and let them decide if they want to close earlier on certain nights, because that could
change at any time. If they are going to look at the hours, look at the other family-friendly
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restaurants around there and their hours. The location is strange in that it cannot be seen
from the sidewalk and is in the back of a parking lot. She feels for the residents that are
immediately adjacent to the project, because if there is outdoor activity there is no wall
around it like at the Toll House.
Brian Edwards
- They are not trying to disrupt the neighborhood; they are both family men and have young
children themselves. They are amenable to working with their hours. With respect to
putting up a fence, eliminating two parking spaces would put them out of compliance with
the parking calculations, and closing off the parking lot from South Santa Cruz is not an
option, because the exit onto Broadway is one-way. The parking spaces are clearly marked
with signage. They have no plans to do live music other than a person singing with a guitar
that is not amplified. They plan to keep music at reasonable levels.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to forward Conditional Use Permit
Application for 114 S. Santa Cruz Avenue to Town Council with a
recommendation of approval, subject to the additional conditions that
music shall be acoustic only, no televisions or speakers shall be located
on the patio, and the applicant shall do neighborhood outreach before
the next meeting. Seconded by Commissioner Badame.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
5. 16791 Frank Avenue
Architecture and Site Application S-17-040
APN 529-15-100
Property Owner: Gary Shing and Julie Yang
Applicant: Georgiy Novitskiy
Project Planner: Ryan Safty
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence on property zoned R-1:8.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
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Julie Yang
- The current home is the only old house in the neighborhood and is an eyesore. The
proposed home would fit in well with the neighborhood. They have worked with staff,
have followed the Consulting Architect’s suggestions, and have made significant and
sincere efforts to move the project forward. They reduced the house size to below the max
allowed, reduced the size of the second floor, lowered the ceiling height, and reduced the
scale of the front entrance. The FAR is at 25.8 percent. They agree to dedicate a significant
portion of their land to the Town of Los Gatos, reducing their lot size.
Susan Stenman
- She lives in the house next to Augustine Street, and she is very eager to have the project
move forward. They are pleased with the communication they have received from the
applicants, who have been accommodating to neighbors’ concerns. By and large everyone
in the neighborhood supports development of the site, because it is definitely an eyesore.
Julie Yang
- Changing from the current design to Option A would not reduce the appearance of the
building mass since there is no difference in building mass and since there are mature trees
on the lot in front of the building to block the view. Since the current design has its
architectural advantages, and since there is already a precedent for the neighborhood, why
not keep the current design and build a house that already fits into the neighborhood? She
asked the Commission to approve the project without Condition 5 and allow them to keep
the current design, and also without Condition 53. If the Commission votes no on the
current design, they are open to Option A.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to approve an Architecture and Site
Application for 16791 Frank Avenue, with Option A. Seconded by
Commissioner Hanssen.
VOTE: Motion passed unanimously.
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OTHER BUSINESS
6. Election of Chair and Vice Chair (Amended Item)
Commissioner Hanssen nominated Vice Chair Hudes for Chair of the Planning Commission for
2019.
Commissioner Badame seconded the nomination.
VOTE: Nomination passed unanimously.
Chair Hudes nominated Commissioner Hanssen for Vice Chair of the Planning Commission for
2019.
Commissioner Burch seconded the nomination.
VOTE: Nomination passed unanimously.
7. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met; heard the second reading for Fence Ordinance amendments;
and heard and approved the Conditional Use Permit for wine tasting at Lunardi’s.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Commissioner Badame
- CDAC met 1/9/19, considered one item:
o 400 Surmont Drive
Historic Preservation Committee
Chair Hudes
- HPC met 12/13/18, considered six items:
o 49 Alpine Avenue
o 221 Almendra Avenue
o 269 Los Gatos Boulevard
o 35 Palm Avenue
o 50 Whitney Avenue
o 445 Los Gatos Boulevard
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ADJOURNMENT
The meeting adjourned at 10:32 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
January 9, 2019 meeting as approved by
the Planning Commission.
_____________________________
/s/ Vicki Blandin