Item 1 - 05.22.19 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: 06/12/2019 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MAY 22, 2019
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, May 22, 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 Kathryn Janoff
Absent: Commissioner Kendra Burch, Commissioner Reza Tavana, Commissioner Tom O'Donnell
PLEDGE OF ALLEGIANCE
Vice Chair Hanssen led the Pledge of Allegiance. The audience was invited to participate.
VERBAL COMMUNICATIONS
David Weissman
- Staff should post their reports online far enough in advance so interested parties have time
to respond and make relevant contributions that could still be included in the Planning
Commission's meeting packet and would allow the commissioners an entire weekend to
review the packet materials. Last minute addendums and desk items would become less
common if not obsolete.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – May 8, 2019
Commissioner Badame requested Item 1, Approval of May 8, 2019 Minutes, be pulled
from the Consent Calendar, noting that the 5/8/19 Meeting Consent Calendar Items 1,
2, and 3 did not contain a record of maker of the motion, seconder, or a tally of the
votes.
MOTION: Motion by Commissioner Badame to approve adoption of the Consent
Calendar, Item 1, Approval of Minutes from May 8, 2019, with direction
to staff to update the record with the commissioner motions and votes.
Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously
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PUBLIC HEARINGS
2. 16548 Ferris Avenue
Conditional Use Permit Application U-19-003
APN 532-07-127
Applicant: Hillari Zighelboim
Property Owner: Faith Lutheran Church
Project Planner: Sean Mullin
Requesting approval of a modification to an existing Conditional Use Permit for an
increase in student enrollment in a nursery school (Mariposa Montessori School) on
property zoned R-1:8.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Hillari Zighelboim
- She is the president of the board of directors at Mariposa Montessori School. Their
proposed student expansion has the full support of the property owner. Three Los Gatos
preschools have announced closure by the end of the year, and as a consequence Mariposa
Montessori has an extensive waiting list, mostly Los Gatos residents. Mariposa has an
existing vacant classroom to utilize and a parking lot with ample space and can help with
this urgent community need as soon as the upcoming school year.
Kirstin Dawson
- She also serves on the board of directors of Mariposa Montessori School. They are
fortunate to have extra room on their campus to welcome 20 of the students on their
waiting list. School hours and morning drop offs would be scheduled to not conflict with
other local school hours. They expect approximately six families dropping off more than
one child. The closure of a school five blocks away creates an 8 percent reduction in local
student traffic, even with the additional 20 students at Mariposa.
Heather Gibson
- She also serves on the board of directors of Mariposa Montessori School. Room 13,
proposed to house the additional students, abuts three homes on Potter Court and they
have had contact with these neighbors regarding their noise concerns. They plan to fill in
gaps in the screening foliage by planting a new tree. A 12-foot buffer and 6-foot fence with
a hedge would provide natural noise and visual screening. Their playground is on the other
side of the school and adjacent to a parking lot. They have air conditioning, so school
windows would remain closed.
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Mary Oreskovic, 16798 Potter Court
- Her home is directly behind Room 13. She and her neighbors are concerned about the
noise and visual activity of the additional 20 students and the close proximity of Room 13.
They chose Potter Court for their home because it is quiet, so they are naturally concerned
about any extra noise and the effect of this and any future expansion on their property
value. They are concerned about the garden expansion in the back because of its proximity
to their fence line. They are also concerned about an increase in traffic.
Pat Parseghian, 16621 Ferris Avenue
- She was there in 2000 for the original application and traffic mitigations. She is concerned
about the expansion with an increase of 20 student as well as three new staff. It can't be
guaranteed that students who now walk or bike to school will continue to do so. The
residents of Ferris Avenue will have these car trips on their street, year after year, long
after these new students are done. Ferris is the drop off and pickup point for students from
Hillbrook School already, so the increase of 20 more students could lead to more safety
issues.
Jenny Fountain
- She is also a member of the Mariposa board of directors. She is asking for the neighbors to
help work this out. She believes they can work together and fix their grievances and move
forward.
Suzy Tavana
- She is a home and business owner as well as a volunteer at every preschool in Los Gatos.
Finding good early childhood-care in Los Gatos is difficult and stressful. Three preschools in
Los Gatos are closing because as a small businesses they found it impossible to survive in
this Town, displacing hundreds of children, including her own. She called the other
preschools in Town and found already extremely long waiting lists. Living in Los Gatos
requires dual incomes, making childcare even more important, and without it families in
Los Gatos will not make it.
Dan Berris, 15821 Poppy Lane
- His children have also been displaced with the closing of the preschools and they also
encountered very long waiting lists at other schools. They are on the waiting list for
Mariposa Montessori and hope their child will go there in the fall. There is a huge need for
childcare in the area.
Jean Abrahams, 16791 Potter Court
- They live on a very small court and get traffic trying to avoid Los Gatos Boulevard. Some
mornings it is very difficult to get out of her driveway. There are no sidewalks on Loma and
part of Spencer, so it is a mess with kids walking to school, people walking dogs, kids on
scooters, etc., all in the street. A daycare facility on Spencer has created other traffic
problems.
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Laurie Kirkendall
- She lives directly behind Room 13. She in not against the increase in students as long as
they can behave themselves. She is very concerned about Room 13 and does not believe it
should be used for students. The school talks about their quiet place, but she has heard
screams and other noises from that area. They do not have enough information about the
expansion and were only notified of it ten days before the hearing.
Jacquelyn MacDonald, Englewood Avenue
- They can hear noise coming from the school and 20 additional students would add to that.
She grew up in her house and the traffic and safety concerns have gotten so much worse,
and the stop signs do not do anything. The police do not monitor the area for speed limits
and people fly down the road. Those additional students could be harmed, because there
are no sidewalks, and everyone walks in the street. Englewood has a little more space, but
Ferris is very narrow, and she would not feel safe walking there. She asked for more
information regarding how the students would be maintained and noise abated, as well as
the traffic.
Dekek Eujenth, 17265 Clara Street
- They also have three children displaced because of local preschool closures. The Town is
losing schools and Mariposa Montessori has the ability to open up space for 20 more
students. He did not see an issue with respect to parking on the street, because he pulls in,
drops off the children, then leaves. Traffic and speeding cars is an issue already and adding
20 more students to Mariposa would not change that; most of the issues brought up could
not be pinned on 20 more kids. It is crazy that anyone is fighting this.
Amy Hocfer, Pine Avenue
- Her family is also struggling with preschool due to the school closures. She lives off the
Boulevard and understands the traffic concerns, but she has spent her whole life in Los
Gatos and now she can't find a place to send her kids to preschool and would appreciate
the Planning Commission considering that there is a need in the Town for a place for
families to send their children for preschool.
Hillari Zighelboim
- With respect to traffic, she lives on Los Gatos Boulevard and can't get out of her driveway
at 8:00 a.m. either, but their hours were created in the spirit of not impacting the traffic
during the cut-through times and when people are racing to the area schools; their hours
do not compete with that. In terms of noise, the Montessori curriculum is generally orderly,
although they are children and there will be occasional noise. They are committed to
working with their neighbors and would continue to do so in the future.
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Kirstin Dawson
- They cannot change what isn't acknowledged, so it is important that neighbors come to
them with noise or other concerns so that the school can address the situation. There is no
further expansion planned in the current garden area and neighbors are welcome to come
to the school to see that everything had been addressed.
Heather Gibson
- With respect to noise concerns specific to Room 13, they are concerned about noise
impacts, but 12 feet away from a 6 foot solid fence and a thick hedge with the windows
closed, she did not believe the neighbors would be able to hear the children. They have
made various test recordings that indicate the children cannot be heard very much from
various locations around the school.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to approve a modification of an
existing Conditional Use Permit for 16548 Ferris Avenue, subject to
additional conditions of approval: tree plantings in proximity to Room 13
to provide screening; traffic recommendation letter provided to school
parents; the school shall meet with Safe Routes to School; and annual
progress review shall be scheduled. Seconded by Chair Hudes.
Chair Hudes requested the motion be amended to include a requirement for a public
outreach meeting within the next 30 days to discuss other ideas.
The Maker of the Motion accepted the amendment to the motion.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
3. Town Code Amendment – Hillside Fences
Town Code Amendment Application A-19-001
Applicant: Town of Los Gatos
Project Planner: Sean Mullin
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, May 8, 2019.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
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David Weissman
- It is important that specific perimeter fence setbacks be set; it will not work unless the
Commission specifies whether it is 10, 15, or 20 feet, etc. He advocated a yearly review to
see how it is working. Most properties in the hillsides would not be affected by it; it is more
for new properties coming up when large parcels are subdivided. He supports the robust
appeals process built into the amendment. He believes there can be a compromise
between what property owners need and what animals need, but without specific setbacks
it would not work.
Gary Kohlsaat
- As an architect he does quite a few hillside residences and this Fence Ordinance affects
several of his clients. After reading the definition of wildlife fencing, he was puzzled as to
why anyone would install such a fence, because it is 18-inches off the ground and 42-inches
high: he doesn't understand the point for that. He appreciated the built-in appeal process,
saying it is a good idea to let Planning help decide on special circumstances for fencing, but
he wanted to know the amount of the fee that is mentioned because the majority of his
clients could afford to appeal the Fence Ordinance as is.
Don Wemberly
- He supports the draft amendment, saying it is a good compromise between the rights of
citizens in the hillsides versus enhancing animal movement. Using the building setback for
the Fence Ordinance would be problematic because the variation in lots as to size, slope,
building site location, features of the property, landscaping, and ADU location takes a big
chunk out of those setbacks, which in his case would limit his ability to use 35 percent, so
he urged the Commission not to develop that. When properties come before the DRC,
Planning Commission, or Town Council, that would be the time to apply intelligent
decisions as to fences, wildlife corridors, etc., as opposed to the blunt instrument of a
setback line.
Peter Donnelly, 15305 Suview Drive
- This new draft is better than previous versions and a good compromise that successfully
balances the needs of wildlife and property owners. He appreciated that the draft provides
for homeowners to protect parts of their property. With respect to the call for no
perimeter fencing that is not wildlife friendly, he did not want to see the hillsides encircled
with 6-foot chain link fences and thought it should not be encouraged within the Town.
However, the draft calls for wildlife friendly fencing along the perimeter. There is nothing in
the draft right now that says one can't step one foot back and put up a 6-foot tall chain link
fence, and that is a weakness in the draft that should be addressed.
Bess Wiersema
- As with approaching hillside home designs, the same amount of appreciation and site
evaluation should be taken with fences and not have it arbitrarily applied to a building
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setback. To take a flat site plan and apply a setback that's written on a chart and based on a
size of a piece of property, and then say that's where a fence should go if it's not going to
go right on the property line is not necessarily relevant to each individual site based upon
its site conditions, such as the Least Restrictive Development Area. Rather than putting a
specific number in the ordinance, it should be left up to staff to work with individual and
project and not define a specific number, because hillside sites are unique compared to
downtown and more modulated site plans.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to forward the Town Code Amendment
Application to the Town Council, subject to following changes: Paragraph
(a)(3)(c), add language that no fence, wall, or gate shall be located within
20 feet of a riparian corridor; Section 29.40.0325, exemption for one-acre
or less size lots; clarify Section 29.40.0330 which refers Division 9, Article
2 with the applicable code section. Seconded by Vice Chair Hanssen.
Commissioner Badame requested the motion be amended to include keeping setbacks for
strangely-shaped lots.
The Maker of the Motion declined to accept the amendment to the motion.
Commissioners discussed the matter.
The Maker of the Motion amended the motion to include reference to making the findings
listed in Exhibit 2.
The Seconder of the Motion accepted the amendment to the motion.
VOTE: Motion passed 3-1 with Chair Hudes opposing.
4. Town Code Amendment – Demolition Regulations
Town Code Amendment Application A-19-003
Applicant: Town of Los Gatos
Project Planner: Jennifer Armer
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
demolition regulations.
Jennifer Armer, Senior Planner, presented the staff report.
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Opened Public Comment.
Bess Wiersema
- The demo diagram and current policy is extremely cumbersome and creates problems
rather than addressing them. The strict policy around how these are policed and monitored
creates many problems that impact design overall. According to the current way, and even
the proposed way, items are protected that are not in building's best practices, let alone
code compliance, structural, etc. The policy does not work and the current definition, while
a great step forward, especially with the loss of the line of contiguity from the definition,
but the skin of the building and what is considered to be 50 percent needs to be addressed.
Today's building codes don't allow developers or property owners to build properly by
keeping interior and exterior skin, both or individually.
David Zicovich
- He supported Ms. Wiersema's comments. The line of contiguity has caused him to have to
leave dry rot and other items entombed in a wall rather than removing it, because it would
have required approval of a new and separate permit. The Building Department and the
Planning Department are dealing with this to the strictest terms, but there has to be a bit
more flexibility between what's codified and what is happening out in the real world. He
has seen fireplaces that are falling down but they couldn't take them down because it
would break the contiguity of the building. Something needs to be put in the regulations
that would allow for these other conditions.
Gary Kohlsaat
- He applauded the abandonment of the line of contiguity requirement, which makes it
almost impossible to conform. His biggest concern for the past 25 years is that the
definition of demolition is removal of either or both the inside and the exterior of the wall
in line with each other, so you can see right through the wall, but leaving the framing, but
they have to leave one of the two surfaces. Some of his clients have been penalized for
wanting to improve the appearance of their home by adding shingles or siding, but could
not because it would have been deemed a demolition.
-
Jennifer Kretschmer
- She supports removing the contiguity rule, as it would help the Town become more in line
with local communities as well as eliminating the big issue of the front door/back door
demolished house rule, meaning if someone wants to change something to the front of the
house and they want to do something nice to the back, and as soon as they do that,
through the contiguity rule it's considered a demolished house. She suggested the non-
historic section define "repair" as, "The removal and replacement of in-kind, non-repairable
exterior or interior wall covering resulting in no change to its exterior appearance and/or
approved design character if approved by the deciding body," with "deciding body," to
include not only the Planning Commission or the Planning Department but the Building
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Department as well. Like her colleagues she has had to leave things in walls that wake her
up in the middle of the night.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to forward Town Code Amendment A-
19-003 to Town Council, including a summary of recommended changes
from the Planning Commission hearing. Seconded by Commissioner
Badame.
VOTE: Motion passed unanimously.
OTHER BUSINESS
5. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met May 21, 2019; discussed and approved a budget.
• GPAC will meet May 23, 2019; will confirm the draft Vision and discuss Guiding
Principles.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 10:10 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the May 22, 2019
meeting as approved by the Planning Commission.
__________________________
Vicki Blandin