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
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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.
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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.
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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.
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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.
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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.
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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