Loading...
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 PAGE 2 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx 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. PAGE 3 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx 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 PAGE 4 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx 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. PAGE 5 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx 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. PAGE 6 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx 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. PAGE 7 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx 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. PAGE 8 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2019 DATE: MARCH 25, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-13-19 DRAFT.docx • 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