Item 1 - Draft Minutes of March 13, 2019
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/27/2019 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MARCH 13, 2019
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, March 13, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Matthew Hudes, Vice Chair Melanie Hanssen, Commissioner Mary Badame,
Commissioner Kendra Burch, Commissioner Kathryn Janoff, Commissioner Reza Tavana,
and Commissioner Tom O'Donnell
Absent: None.
PLEDGE OF ALLEGIANCE
Commissioner Badame 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 – February 13, 2019
Commissioner Badame requested that Item 2, 248 Jared Lane, be pulled from the Consent
Calendar and heard by the Planning Commission.
MOTION: Motion by Commissioner O'Donnell to approve adoption of the Consent
Calendar. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously
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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
Requesting continuance to April 24, 2019 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, December 12,
2018 and January 9, 2019.
Commissioners discussed the matter.
MOTION: Motion by Commissioner O'Donnell to continue the public hearing for
248 Jared Lane to a date certain of April 24, 2019. Seconded by
Commissioner Badame.
VOTE: Motion passed unanimously.
3. 17500 Farley Road West
Architecture and Site Application S-18-024
APN 529-11-054
Property Owner/Applicant: Christopher Bearden
Project Planner: Sean Mullin
Requesting approval for construction of new commercial buildings and site
improvements requiring a grading permit on vacant property zoned LM.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Christopher Bearden
- He has lived in Los Gatos for 50 years and run CB Concrete for 30 years just 100 yards away
from the subject site. He has done numerous projects for the Town and its citizens. His
company is bursting at the seams in its current location and moving to the subject site
would give him the opportunity to stay in Los Gatos. He has hired a well-known local
architect and they have worked with all local agencies to make a project that would benefit
the community and that works with the General Plan.
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Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to approve an Architecture and Site
Application for 17500 Farley Road West. Seconded by Commissioner
O'Donnell.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
4. Town Code Amendment – Hillside Fences
Town Code Application A-19-001
Applicant: Town of Los Gatos
Project Planner: Sean Mullin
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
fences, hedges, and walls, including regulations for the hillside area of Town.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Peter Donnelly
- He lives at 15305 Suview Drive. He has read the latest draft of the ordinance and is
conflicted. While the ordinance causes him no harm as a property owner, it falls short on
covering the items in the Hillside Design Standards and Guidelines, specifically as it relates
to wildlife corridors.
Don Wimberly
- He lives in the hillside area and lives on an acre-lot. Smaller 1-2 acre lots are much more
severely impacted by the corridor of 20 feet taken away from that property's use. A large
percentage of the lots in the hillside area are already developed, and trying to fashion
detailed, specific regulations would create unintended consequences and deprive property
owners of the right to use and protect their property.
Bill Hirschman
- He has been a hillside resident for over 30 years. The ordinance in front of the Planning
Commission is a good one, but there are interests that have to be addressed. Many times,
rules that might apply relative to open fencing change as time goes by, and a policing issue
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comes into play, so the broader the Commission can make the ordinance to address the
concerns of people who raise issues, but also not turn it into a situation where the Town is
put in a position of policing, the better.
Alice Kaufman
- She is Legislative Advocacy Director with Committee for Green Foothills. Nobody knows
exactly what a wildlife-friendly fence or open fence might be, so having an illustration in
the ordinance would be very helpful. The ordinance's statement, "Open fences using
natural materials and colors are preferred," is not an enforceable requirement. Better
language might be, "Open fences using natural materials and colors shall be used, except
where an exception is deemed appropriate by the Community Development Director."
David Weissman
- The Fence Ordinance needs revision because the Vision Statement of the Hillside
Guidelines is not being fulfilled, specifically with respect to preserving wildlife habitat and
movement corridors with minimized fences that allow wildlife to pass through, but this
draft has lost both focus and direction and does not reflect the decisions of the Policy
Committee. It also has no balance between wildlife and property rights as set forth in the
Hillside Guidelines.
Dashell Leeds
- He is an environmental advocate for the Santa Clara Valley Audubon Society and lifelong
Los Gatos resident. The ordinance calls for no wall or gate to be located below the top of
bank of any stream, but they believe that is insufficient to protect animal movement and
riparian habitat and instead it should be at least 20 feet from the top of the bank. He
appreciated the ban on transparent fences and would also like to see chain link fences
prohibited as well.
Gary Kohlsaat
- A strict ban on fencing beyond the setbacks on a hillside property would have unintended
consequences and cause many problems, because it is common to build homes right up to
setbacks due to limited flat areas or LRDAs. In this situation a fence could not be built,
because the house is at the setback, meaning the side yard could not be fenced, but maybe
that is the only flat area available. The spirit of the rule is a good start, but room must be
left for the DRC, Planning Commission, and Town Council to have the authority to grant
exceptions.
Closed Public Comment.
Commissioners discussed the matter.
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MOTION: Motion by Commissioner O'Donnell to continue the public hearing
regarding Town Code Amendment Application A-19-001, Hillside Fences,
to a date certain of April 10, 2019. Seconded by Commissioner Burch.
VOTE: Motion passed unanimously.
5. 16100 Greenridge Terrace
Planned Development Application PD-16-002
Environmental Impact Report EIR-17-001
APN 527-12-002
Property Owner: Emerald Lake Investments LLC
Applicant: Gary Kohlsaat
Project Planner: Sean Mullin
Requesting approval to rezone a property zoned HR-2½ to HR-2½:PD, to subdivide one
lot into eight lots, and removal of large protected trees on property zoned HR-2½.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
David Fox
- He is the project landscape architect. They are seeking to create eight lots only, and any
houses built on them would go through the Town's approval process. The General Plan calls
for a density of 0-1 dwelling units per acre; they have one dwelling unit per 4.5 acres. There
are thousands of trees on the site and they will save as many as they can. They are asking
for ten trees to be removed for the main road construction, but they are not asking for any
trees to be removed on any of the lots. An extension of the Town's trail system would be
installed. The owner chose to do an EIR for full transparency and disclosure. At least 82-
percent of the 36.1 acres are being preserved and would never be developed.
Sarah Chaffin
- She supports the project, because of the Town's housing shortage. The applicants have
worked well with the neighbors. Fire safety is a concern in Los Gatos, and this project
would provide residents of the Highlands area another means of egress in the event of a
fire. One of the applicants is a local, small business person who is working hard to
accommodate neighbors.
Dennis Byron
- He supports the project. The applicants are people of character who have been well vetted.
The project would be beautiful and a great asset to the Town.
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David Rossi
- He supports the project and urged the Planning Commission and Town Council to support a
developer of this quality who has gone under the density requirement and presented a
responsible project. The local opposition believes the project is bad for the community
when it is really only bad for them.
David Weissman
- Without the requested analysis of the four-lot alternative and circulation analysis this EIR is
not ready for certification. The applicant's statement that all driveways are less than 300
feet is false. Staff's statement that the shared driveway to Lots 7 and 8 is 720 feet long, and
the driveway to Lot 2 is 340 feet long is also false. Driveways to Lots 1, 2, 7, and 8 exceed
the Hillside Guidelines' 300 foot limit. The cul de sac at 1,300 feet exceeds the Hillside
Specific Plan's 800 foot limit and so requires another exception. These excessive distances
are important, because we now live in the age of forest fires.
Roman Ormandy
- He lives at 16200 Greenridge Terrace. When he visited the site, he noticed that the map
provided there did not show open space but has since realized the open space is still there.
Susan Fish
- She is a resident of Greenridge Terrace. This parcel is one of the toughest in Los Gatos to
develop due to access problems, steep canyons, and environmental impacts to bring in
services. Lots 3, 4, 5, and 6 meet the criteria of the Hillside Specific Plan, Lots 7 and 8 have
potential but need to be re-sited, and Lots 1 and 2 do not meet the criteria. The danger is
the developer is using the roads currently on the site, and then the people who develop
each parcel will come to the Planning Commission asking for exceptions, particularly for
Lots 1 and 2.
Matt McCormick
- He supports the project and represents a buyer who is interested in purchasing a lot on this
property.
Jennifer Croll
- She owns the property adjacent to the subject site, has 25 years' experience developing
land, and is very much in favor of the development. Although they could have had two lots
at the end of the property the applicant has agreed to have only one lot adjacent to the
Greenridge Terrace neighborhood where she lives, and they cannot see it at all. The
application is compliant with the Hillside Standards and Guidelines and asks for few
variances, and the applicants have been professional, ethical, and accommodating.
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David Fox
- They could have moved the cul de sac closer to Lot 5 to make the road shorter, but it would
have required more grading, and it is now in the spot that requires the least grading. Most
of the homes are also in places where they would create the least disturbance. Some of the
driveways are longer than the Hillside Standards allow, because they were trying to get to
spots that would have the least impact. There is already water and electricity on the site,
and any other services would be brought in through the existing roads, so nothing would
be torn up. There are multiple ways residents could escape during a fire event, but they are
also bringing more hydrants and fire suppression into an area that does not have it now.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to forward to Town Council a
recommendation to certify the Final EIR and to approve the PD
Application for 16100 Greenridge Terrace. Seconded by Commissioner
Tavana.
Commissioners discussed the matter.
Commissioner Hanssen requested the motion be amended to add the comments by
Commissioner Janoff with regard to visibility and trees to the performance standards of the
PD.
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 5-2 with Chair Hudes and Commissioner Badame
dissenting.
OTHER BUSINESS
6. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met on 2/19/19; introduced and adopted a Short-term Rental Ordinance;
approved a Conditional Use Permit for Hapa’s Brewery.
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• Town Council met 3/5/19; introduced a Shared Parking Ordinance; discussed the
potential for modifying the BMP regulations and remanded it to the Town Council Policy
Committee; adopted additional streamlining efforts.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 11:15 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
March 13, 2019 meeting as approved by the
Planning Commission.
_____________________________
Vicki Blandin