Loading...
Item 1 - 05.08.19 Draft Minutes 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 05/22/2019 ITEM NO: 1 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING MAY 8, 2019 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, May 8, 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 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 – April 24, 2019 2. Town Code Amendment – Hillside Fences Town Code Amendment Application A-19-001 Applicant: Town of Los Gatos Project Planner: Sean Mullin Requesting continuance to May 22, 2019 to consider amendments to Chapter 29 (Fences, Hedges, and Walls) of the Town Code regarding fences, hedges, and walls in the hillside area. Continued from March 13, April 10, 2019. 3. 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 5 MINUTES OF PLANNING COMMISSION MEETING OF MAY 8, 2019 DATE: MAY 17, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 5-8-19 DRAFT.docx Requesting continuance to June 12, 2019 for 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. Continued from March 27, April 10, 2019. PUBLIC HEARINGS 4. 11 and 15 Peralta Avenue Subdivision Application M-19-001 Variance Application V-19-001. APNs 510-42-073 and 074 Property Owner: Wendy F. Kandasamy Trust Applicant: Tony Jeans Project Planner: Erin Walters Requesting approval of a variance for a lot line adjustment between two lots for properties zoned R-1:8. Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Tony Jeans - Neighbor concerns reflect that the houses on the two prospective lots would be so close together. The current lot line of 15 Peralta runs through the primary residence on the property, meaning the owners can't do a remodel, or anything, because it is nonconforming and the property line runs through the house, leading to deferred maintenance. They want to move the property line so that it runs neatly between the two properties and allows them to be treated properly as primary residences, both on legal lots. This hearing is to rectify the problem by moving the property line and making it workable so 15 Peralta can have a primary residence they can do something to. It is not about moving the house or making the houses close together. The Planning Commission has already approved moving 11 Peralta 3 feet closer to 15 Peralta, but because of the way they do that the distance to the property line actually increases. Belinda Milford - She lives at 41 Manzanita Avenue and is a block away from the subject site. The lot should not be subdivided because it would cause increased congestion, increased parking, and would be unfair to the Fox family next door at 9 Peralta to have a house encroaching closer to their house. Her childhood town had character but was ruined by subdivisions, dividing lots, building more houses, etc., and she would hate to see that happen in Los Gatos. PAGE 3 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MAY 8, 2019 DATE: MAY 17, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 5-8-19 DRAFT.docx Donna Fox - She and her family live at 9 Peralta, adjacent to the Victorian at 11 Peralta and the cottage at 15 Peralta. Nearly all the immediate neighbors of 15 Peralta oppose this project, including more neighbors up and down the street. Granting the variance would negatively impact the 11 Peralta lot and the neighborhood by making 11 Peralta a nonconforming lot, or alternately, a more nonconforming lot. The applicant has failed to prove there are any special circumstances applicable to 11 and 15 Peralta to justify changing 11 Peralta from a conforming to a nonconforming lot, which would further erode Town Code standards without any benefit to 11 Peralta or the neighborhood. Shelley Spray - She lives at 20 Hernandez Avenue, within view of the subject property. 11 and 15 Peralta have been sold 20 times, always as one lot, over its 112 year history and has never been subdivided as separate lots. There is no lot line to move. The primary residence on the lot has a single entrance and looks like one Victorian home with a tiny building next to it. Around the back there is another entrance with six garages, and it all looks like one building, and there is no lot line. The applicant is going back to a map of the property from 1895 and finding this supposed lot line and then wanting to move it in order to subdivide the lot and sell both lots off. The Los Gatos community does not want this constant subdividing and subdividing. Art Monk - He lives at 33 Peralta. Section 29.10.070 of the Zoning Regulations regarding a lot merge really does apply. The applicant has crafted a proposal in a manner to escape the prongs of 29.10.070 by tearing down the garage and making the lot for 15 Peralta 5,000 square feet. These activities are forbidden in 29.10.070 that says, "No parcel shall be modified through a lot line adjustment procedure in order to meet the criteria listed above." David Cox - He and his wife live at 41 Peralta and are against the proposed project. Their main reason is this has been a single property over one hundred years, and developers are coming in and dividing it up for their personal gain, and it disrupts what has been going on for a hundred years on the street, and it is nonconforming, so it does not make sense. Tony Jeans - These are two properties, as recorded by the Town of Los Gatos with a Certificate of Compliance in 2001. Any attempt to portray them as anything but two separate parcels is wrong. The applicants are being prevented from developing their property without this lot line adjustment. Having a 7,000 square foot lot is not inconsistent with the neighborhood. Closed Public Comment. PAGE 4 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MAY 8, 2019 DATE: MAY 17, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 5-8-19 DRAFT.docx Commissioners discussed the matter. MOTION: Motion by Commissioner Badame to approve a Subdivision Application and Variance Application for 11 and 15 Peralta Avenue. Seconded by Commissioner Burch. Vice Chair Hanssen requested the motion be amended to include the conditions in Exhibit 3, which include the requirement to demolish part of the garage. 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. OTHER BUSINESS 5. Report from the Director of Community Development Joel Paulson, Director of Community Development • Town Council met May 7, 2019; discussed Planning Commission's recommendation regarding Land Use Appeal modifications and introduced all of the ordinance with the exception of the findings; and authorized the Town Manager to work with Parks and Public Works on specs and bids on the One-Way Street Pilot set to begin in early July and go until October. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Conceptual Development Advisory Commission Commissioner Badame - CDAC met May 8, 2019; discussed potential project for Wood Road and had concerns including fire safety. General Plan Advisory Committee Commissioner Hanssen - GPAC met April 30, 2019; continued discussion of the Vision for the 2040 General Plan Update and crafted a Vision Statement. PAGE 5 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MAY 8, 2019 DATE: MAY 17, 2019 N:\DEV\MINUTES - PC\2019 PC Minutes\DRAFT\LOS GATOS ACTION MINUTES 5-8-19 DRAFT.docx ADJOURNMENT The meeting adjourned at 8:33 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the May 8, 2019 meeting as approved by the Planning Commission. _____________________________ Vicki Blandin This Page Intentionally Left Blank