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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 PAGE 2 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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. PAGE 3 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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. PAGE 4 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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 PAGE 5 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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 PAGE 6 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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. PAGE 7 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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. PAGE 8 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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 PAGE 9 OF 9 MINUTES OF PLANNING COMMISSION MEETING OF DATE: JANUARY 23, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 1-9-19. DRAFT.docx 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