Item 01 - Draft Mins 06.08.16DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
JUNE 8, 2016
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, June
8, 2016, at 7:00 pm.
MEETING CALLED TO ORDER
Chair Badame called the meeting to order at 7:00 pm .
ROLL CALL
Present: Chair Mary Badame, Vice Chair D. Michael Kane, Commissioner Kendra Burch,
Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner
Tom O’Donnell
Absent: Commissioner Charles Erekson
PLEDGE OF ALLEGIANCE
Commissioner Hudes led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Items 2 and 4.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
None.
VERBAL COMMUNICATIONS (AUDIENCE)
None.
CONSENT CALENDAR
1. Approval of Minutes – May 25, 2016
MOTION: Motion by Vice Chair Kane to approve adoption of the Consent
Calendar.
Seconded by Commissioner Burch.
VOTE: Motion passed 6-0.
PUBLIC HEARINGS
2. 18151 Overlook Road
Architecture and Site Application S-14-056
APN 510-40-146
Property Owner: Ronald M. Tate
Applicant: Urban West, LLC, Nicole King
Project Planner: Erin Walters
Requesting approval to demolish an existing single-family residence, construct a new single-
family residence, and obtain a grading permit on property zoned R-1:8. Continued from
5/25/2016.
Page 2 of 7
Planning Commission Minutes June 8, 2016
Chair Badame opened the public hearing.
Erin Walters, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Lance Tate
- Commented that moving the rear of the house back did not provide the mitigation of visual impact
the neighbors are looking for; their solution is to lower the house 8 inches and the windows 6
inches. The ingress/egress window cannot be raised. The Town’s consulting architect has stated
the proposed house is compatible with the neighborhood in mass, scale and size, and would not
be the largest house on the street.
Commission members asked questions of Mr. Tate and architect Chris Spaulding.
Rita Kelly
- Commented that they do not support the proposed plans because the structure would tower over
their back yard despite the reduction in height, and the windows would still look into her family
room. They do not have control over their privacy with respect to the privacy bushes. Urban West
has been imposing and demanding rather than considerate and accommodating.
Commission members asked questions of Ms. Kelly.
David Kelly
- Commented that the applicant’s terms for having trees planted on the Kelly’s property stated that
they had to forgive the applicant for all the liabilities associated with the work, but he doesn’t
understand how they can do the work without liability protection.
Commission members asked questions of Mr. Kelly.
Lance Tate
- Commented that the applicant would handle planning the trees, but the Kelly’s would have to hire
the person to install the trees, and then the applicant would pay the Kellys.
Commission members asked questions of Mr. Tate.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Chair Badame to deny Architecture and Site Application S-
14-056.
Seconded by Commissioner Hanssen.
Commission members discussed the matter.
VOTE: Motion passed 6-0.
Community Development Director Joel Paulson cited the appeal rights.
Page 3 of 7
Planning Commission Minutes June 8, 2016
3. 15740 Shady Lane
Architecture and Site Application S-14-060
APN 527-04-004
Property Owner: Amy Fasnacht
Applicant: Allen Nikitin
Project Planner: Erin Walters
Requesting approval to construct an accessory structure and a swimming pool on property
zoned HR-1 on a slope greater than 20 percent.
Chair Badame opened the public hearing.
Erin Walters, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Allen Nikitin
- Commented that they complied with the Hillside Development Standards and Guidelines to
identify the least restrictive development area with a constraints analysis. Area 4 fit the
requirements desirable for both the pool and pool house location. The initial plans and grading
plan conform to the hillside standards by working with the natural topography. The development
site is a wide area clear of oak trees.
Amy Fasnacht
- Commented that she needs a pool for exercise and hydrotherapy. The neighbors have approved
of the project. The secluded nature of the site warrants an exception to the standard of not
encouraging pools on the hillsides.
Commission members asked questions of Ms. Fasnacht.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner Kane to approve Architecture and Site
Application S-14-060 subject to the conditions of approval as noted in
Exhibit 3 of the staff report dated June 8, 2016. The required findings
were made as noted in Exhibit 2 of the staff report dated June 8, 2016.
Seconded by Commissioner Burch.
Commission members discussed the matter.
VOTE: Motion passed 6-0.
Community Development Director Joel Paulson cited the appeal rights.
Chair Badame indicated that she would recuse herself from participating in the public hearings for
Item 4, due to a perceived conflict of interest with one of the appellants, and Item 5 due to the
project site being located within 500 feet of her residence.
Page 4 of 7
Planning Commission Minutes June 8, 2016
4. 19 Highland Avenue
Architecture and Site Application S-15-077
APN 529-37-033
Property Owner/Applicant: Ed Pearson
Appellants: Badame, Roberts, Smullen, and Spalding Families
Project Planner: Marni Moseley
Consider an appeal of a decision of the Development Review Committee approving an
Architecture and Site Application to construct a new single-family residence and remove large
protected trees on property zoned HR-2½. Continued from 5/11/2016.
Vice Chair Kane opened the public hearing.
Marni Moseley, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Anthony Badame
- Commented that approximately 50% of the house and yard reside outside of the LRDA. The
redirection of the creek path is illegal. The entire project is predicated on retaining walls, with over
700 feet of retaining walls necessary to build the house. The house cuts into a slope at 40%, and
the rear yard is artificially created, both violations of the Hillside Development Standards and
Guidelines.
Dede Smullen
- Commented that the Town of Los Gatos has adopted creek standards, done with all the cities in
the county, and each city enforces them based on the document that the Town adopted in 2007.
Those are the standards the Commission needs to look at.
Anthony Badame
- Commented that there are two driveways on the subject site, less than 20 feet apart, that define
170 feet of wide, straight alignment times two on this parcel, a violation of the Hillside
Development Standards and Guidelines. There are many alternatives to this scheme.
Commission members asked questions of Mr. Badame, Jake Schweitzer, Richard Grassetti, Lisa Roberts
and Ms. Smullen.
Bess Wiersema
- Commented that the neighbors’ argument that the 2010 mitigated negative declaration can’t be
used for this house because there is a new owner does not have merit, because that MND was
not challenged within 30 days of approval and thus is legally deemed adequate regardless of who
owns the property. The assertion that the creek has been maneuvered is unfounded, as the creek
has maintained the same position for the past 20 years. The setbacks in their design are
consistent with the neighborhood.
Commission members asked questions of Ms. Wiersema, Patrick Boursier, Chris Hundemer and Velimir
Sulic.
Commission members asked questions of staff.
Commission members asked questions of Richard Gessner and Ms. Wiersema.
Steve Massei
- Commented that the style is contemporary rustic as opposed to the original all stucco
Mediterranean, there is a mixed use of materials, the darker color fits into the creek environment,
the elevation is better than the previous design, the location and orientation are almost identical
Page 5 of 7
Planning Commission Minutes June 8, 2016
to the original, the retaining wall height was reduced, a landscape plan has been submitted, the
grading has been reduced on the cut side, and deck massing has been reduced.
Commission members asked questions of Mr. Massei.
Mark Hacker
- Commented that he has done business professionally with Mr. Pearson for 20 years and can
attest to his abilities as a builder. He supports the project.
Derek Durand
- Commented that he is concerned regarding ingress and egress for 25 Highland during the
construction period, and wants to ensure continuous access for the occupants and also for
emergency vehicles.
Commission members asked questions of staff.
Lee Quintana
- Commented that the Commission’s decision should be based on the information it has been
given and discount the previous soft approval. More and more the Town is receiving applications
for hillside projects on sites with difficult constraints. The Hillside Development Standards and
Guidelines state that not all sites can meet what could be the maximum amount of development,
that the constraints of the site need to be taken into consideration, and that the design must meet
the constraints of the site prior to having a design plan.
Commission members asked questions of Ms. Quintana.
Roger Smullen
- Commented that the creek designation is crucial to the overall plan. The appellants are appealing
the project because it does not comply with the rules and the law. He does not believe the creek
is ephemeral. There are issues with the General Plan, design guidelines, CEQA, and Water
District rules. The issues raised in the appeal are fundamental to the laws and guidelines.
Craig Sawyer
- Commented that his observations of the creek over the 40 years of his residence is the creek is
not permanent and usually dries up this time of year, as it is now, regardless of whether the
winter had been wet or dry.
Commission members asked questions of Mr. Sawyer.
Bess Wiersema
- The neighbors have chosen to not participate in public neighborhood meetings. Their proposal
meets the hillside guidelines and is sensitive to the rules and regulations. The house snuggles
into the side of the hill and down below the road, and will be screened by trees and landscape. All
the neighbors are dumping into the stream from their homes, but the subject home will not,
because they choose to protect the stream by abiding by the rules and regulations of the hillside
guidelines.
Bart Hechtman
- Commented that with respect to the Commission question regarding water purity, that if there are
no slope stability issues on the bank, could one build right up to the bank, the answer is no,
because under current regulations the water has to be filtered through swales and other natural
filtration devices before it gets into the creek, and building up to the bank does not leave room for
them.
Page 6 of 7
Planning Commission Minutes June 8, 2016
Richard Grassetti
- Commented that with respect to reusing the 2010 CEQA document, this is a new project that
requests new approvals and requires a new CEQA process that gets circulated to the public and
all the agencies; this CEQA document was not circulated to anybody since 2010. Staff is in error
saying the Wood Report is no longer valid, because it was an essential part of the 2010 initial
study, which staff is reusing.
Patrick Boursier
- Commented that the applicant’s statement that there is no indication that there are wetland plant
species in this area, including on the flood plane, is flawed, as there are wetland plants on both
sides of the property. He does not believe this is an ephemeral stream , because there was rain in
May and flowing water in June. Animals that could be impacted by the removal of the trees
include bats and migratory birds. Construction of retaining walls would affect the roots of the bay
trees along the immediate channel.
Lisa Roberts
- Commented that she observed the creek being moved and can point out where the cobbles and
bedrock are gone and it is just mud. The applicant says the neighbors want a house that is
different from their own houses, but their houses were approved under the existing rules at the
time, and they ask the same to be done here. They have also attended sufficient meetings.
Dede Smullen
- Commented that Mr. Pearson is a good builder, but this is not a good project. They want the
applicant to follow the rules.
Commission members asked questions of Ms. Roberts, Ms. Smullen, Mr. Boursier and Mr. Grassetti.
Commission members asked questions of staff.
Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members asked questions of staff.
Commission members discussed the matter.
Vice Chair Kane reopened the public input portion of the hearing.
Commission members asked questions of Mr. Hechtman.
Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner O’Donnell to continue the public hearing for
19 Highland Avenue to the meeting of July 27, 2016 in order for the
applicant to work with neighbors and consider design modifications.
Seconded by Commissioner Hanssen.
Commission members discussed the matter.
VOTE: Motion passed 6-0.
Page 7 of 7
Planning Commission Minutes June 8, 2016
5. 401 to 409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
APN 529-23-018
Property Owner: CWA Realty
Applicant: Shane Arters, LP Acquisitions, LLC
Project Planner: Jennifer Armer
Provide the public an opportunity to give verbal comments on the Draft Environmental Impact
Report (DEIR) for a development project request to demolish three existing office buildings
and construct two new two-story office buildings with underground parking on property zoned
CH.
Vice Chair Kane opened the public hearing.
Joseph Gemignani
- Commented that he is in favor of the project, which would be positive for the Town, and said it
feels as though it belongs in Los Gatos. The size is reasonable, has underground parking, and
looks much better than what currently exists.
NEW OTHER BUSINESS
6. Report from Community Development Director, Joel Paulson
• Town Council met 6/7/16; reviewed and approved Cucina Bambini application.
7. Commission Matters
• Vice Chair Kane requested status of Commissioner Hanssen’s request from the last
meeting that the Town’s Cellar Policy be reviewed.
ADJOURNMENT
Meeting adjourned at 11:29 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, June 8, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Community Development Director