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Item 1 - Draft Minutes of March 27, 2019 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 04/10/2019 ITEM NO: 1 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING MARCH 27, 2019 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, March 27, 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, and Commissioner Tom O'Donnell Absent: Commissioner Reza Tavana PLEDGE OF ALLEGIANCE Commissioner Burch 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 – March 13, 2019 MOTION: Motion by Commissioner Badame to approve adoption of the Consent Calendar. Seconded by Commissioner Janoff. VOTE: Motion passed unanimously PUBLIC HEARINGS 2. 460 Monterey Avenue Architecture and Site Application S-19-009 APN 410-16-022 Property Owner/Applicant: Edward Morimoto Project Planner: Sean Mullin PAGE 2 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 27, 2019 DATE: APRIL 8, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-27-19 DRAFT.docx Requesting approval of a modification to an approved Architecture and Site application for removal of a condition requiring utilities to be placed underground on property zoned R1-D. MOTION: Motion by Commissioner Badame to continue the public hearing for 460 Monterey Avenue to a date certain of April 10, 2019 to allow the applicant time to coordinate with PG&E. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. 3. 258 Union Avenue Architecture and Site Application S-18-033 Conditional Use Permit Application U-18-010 Subdivision Application M-18-004 APNs 527-44-012 and 013 Property Owner: Cashmere Bouquet 1031 LLC Applicant: EW Real Estate, LLC Project Planner: Jennifer Armer/Jocelyn Shoopman Requesting approval to construct a mixed-use commercial building with three attached multi-family condominiums, six detached single-family condominiums, and alternating use of parking on property zoned C-1. Jennifer Armer, Senior Planner, presented the staff report. Opened Public Comment. Bill Hirschman, Applicant - This has been an 18-month process for them. The current site plan is the result of incorporating the Planning Commission and neighbor comments into their design. They have pulled the buildings away from the back property lines to open up the back and lessen the impact on the eastern neighbors. The setbacks are within the Town's standards. They have minimized pavement areas and hardscape, reduced the size of the units, and decreased mass. They request shared parking between the commercial and residential uses, something that Planning Commission has approved in the past. PAGE 3 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 27, 2019 DATE: APRIL 8, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-27-19 DRAFT.docx Shigong Liu - The newly installed story poles indicate the project would block the sun from his bedroom. The building is not really pulled back from the back property lines but pulled over toward his neighbor; it was previously 37 feet away but now it is only 23 feet away. Units 3 and 4 would look directly into his bedroom. The project would result in even more vehicles on an already crowed Union Avenue. Yinan Li - He owns the home directly behind the proposed residential buildings and shares Mr. Liu's concerns. The proposed project would block the sun from his children's playroom, because the buildings are too close and too high. The residential buildings would also look down directly to their pool and rooms of their home. They do not support the current proposal. Lee Quintana - The square footage of both the office and residential use is approximately the same as the previous design, however, this project has less coverage of the site, more permeable area, and more landscaping than the previous design. Essentially, the previous and current designs are similar in mass and scale, but the current design is not as massive and does not affect as many of the units in the back, so it is an improvement. These are not streets, they are access driveways, and so there are different conditions to be met. Kun Hu - She agrees with her neighbor, Mr. Liu, that the story poles are much higher than the previous design, and they show how the sun would be blocked from her children's playroom. They have a pool in the back yard, but the building is very close, and this has not been addressed in the current plan. Increased traffic on Union Avenue would create an even more dangerous situation. John Yeager - The proposed plan is not quite as big as the last one, but it is still large. He and his neighbor would prefer single-story duplexes be built instead, because they would fit better into the neighborhood. The applicant says the proposed development fits into the neighborhood because there are two-story buildings nearby, but those buildings are only partially two- story. Maureen Heberling - She lives right behind the townhouses on Union Avenue and there are shadow and privacy problems; her back yard is already a fish bowl. She supports her neighbors who would lose their privacy and sunlight if this project is built. She requested that neighbors be notified before any soil compacting, and that there not be any nighttime construction using power tools. PAGE 4 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 27, 2019 DATE: APRIL 8, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-27-19 DRAFT.docx Bill Hirschman - They have made every effort to address the neighbor's privacy and sunlight issues. They have substantial setbacks to the neighbors, done intentionally. Their shadow study is computer driven and realistic. He acknowledged the story poles can make the project look tall, but it is not. They are meeting, and in some cases exceeding, the conditions and setbacks. They had one neighborhood meeting and sent out additional requests via email for any further comments. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner O'Donnell to approve an Architecture and Site Application, Conditional Use Permit, and Subdivision Application for 258 Union Avenue, and to adopt the Mitigated Negative Declaration and the Mitigation Monitoring Reporting Program. Seconded by Commissioner Burch. Commissioner Burch requested the motion be amended to modify the Conditions of Approval: The site construction shall be completed before finishing the street upgrades. In addition, she requested the motion be amended to provide direction to staff to work with the applicant to (1) avoid construction on holidays and (2) provide notification to neighbors prior to soil compaction. Commissioners discussed the matter. The Maker of the Motion accepted the amendment to the motion. Commissioner Badame requested the motion be amended to include the following additional Condition of Approval: The applicant shall work with staff to incorporate Commissioner Burch's window and light suggestions. The Maker of the Motion accepted the amendment to the motion. The Seconder of the Motion accepted the amendment to the motion. Commissioners discussed the matter. VOTE: Motion passed unanimously. PAGE 5 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 27, 2019 DATE: APRIL 8, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-27-19 DRAFT.docx 4. 400-420 Blossom Hill Road Architecture and Site Application S-17-042 Conditional Use Permit Application U-17-007 Variance Application V-18-002 APN 529-16-071 Property Owner: Green Valley Corporation C/O Case Swenson Applicant: Jason Reyes, CP Swenson, LLC Project Planner: Erin Walters Requesting approval for demolition of existing office buildings, construction of an assisted living and memory care facility, variance from the requirement for a masonry wall abutting a residentially-zoned lot, and removal of large protected trees on property zoned O. Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Jason Reyes - They are a family-owned business in the assisted living and memory care area. They are not a medical community. The building is designed to be appropriate to the site and to protect as many oak trees as possible. They would use natural materials and colors that fit into the surrounding neighborhoods. They have worked with the Town Engineering staff on enhancements that would complete the Blossom Hill Road improvements, including bike lane and high-visibility crosswalk improvements. They had multiple town hall meetings with neighbors. Mike D'Ambrosio - He is a local real estate broker who drives by this property daily. He has known the applicant for many years, and he is very thoughtful and experienced in this area of assisted living and memory care. The project fills a huge need in Los Gatos, especially with Los Gatos Meadows closing down. Jason Reyes - One hundred and fifty seniors are being displaced with the closing of the Meadows, and this project would fill that void. Los Gatos has a lot of seniors who do not want to leave the Town and need a nice place to live. There are no neighbors showing up in opposition to this project, because they have spent so much time with them and listened to their concerns. Closed Public Comment. Commissioners discussed the matter. PAGE 6 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 27, 2019 DATE: APRIL 8, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-27-19 DRAFT.docx MOTION: Motion by Commissioner Burch to approve an Architecture and Site Application, Conditional Use Permit, and Variance Application for 400- 420 Blossom Hill Road. Seconded by Commissioner Hanssen. Commissioners discussed the matter. VOTE: Motion passed unanimously. 5. Town Code Amendment – Land Use Appeal Town Code Amendment Application A-19-002 Applicant: Town of Los Gatos Project Planner: Sally Zarnowitz Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding the land use appeal process. Sally Zarnowitz, Planning Manager, presented the staff report. Opened Public Comment. Lee Quintana - The question of the size of the project if it is residential and mixed-use was a good one. Most towns and cities do not limit who could appeal, and those that did range from 200' to 1,000', but if there is a problem, she is not sure these recommendations address it. She believes the reason the Town has the appeals that it does and why they bounce around is that the project can change from level to level as it gets appealed instead of being the one project that comes to the deciding body without the ability to change. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Janoff to recommend Town Council: 1) Not remove the requirement to make one of three findings to modify or reverse the decision of the Planning Commission on any appeal; and modify the second criteria by adding language that the appeal shall be for the same project with no design changes; 2) Bifurcating the residential and commercial appeal process is fine, but the question of an interested party with regard to a residential appeal requires additional discussion; 3) Provide an appeal process for the Minor Residential Development application decisions. Seconded by Commissioner O'Donnell. PAGE 7 OF 7 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 27, 2019 DATE: APRIL 8, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 3-27-19 DRAFT.docx Commissioners discussed the matter. VOTE: Motion passed unanimously. OTHER BUSINESS 6. Report from the Director of Community Development Joel Paulson, Director of Community Development • Town Council met on 3/19/19; adopted shared parking; adopted the General Plan Annual Progress Report; considered the last of the streamlining items allowing group classes with a Conditional Use Permit at DRC in the C-2 zone, and if outside the C-2 zone with a Business License and a Certificate of Use and Occupancy until December 31, 2019. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Hudes - HPC met 3/27/19 and considered three items: o 223 Massol Avenue o 79 Reservoir Road o 62 Ellenwood Avenue ADJOURNMENT The meeting adjourned at 11:08 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the March 27, 2019 meeting as approved by the Planning Commission. _____________________________ Vicki Blandin