Item 01 - Draft Mins 08.10.16DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
AUGUST 10, 2016
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday,
August 10, 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 Charles Erekson, Commissioner Melanie Hanssen,
Commissioner Matthew Hudes
Absent: Commissioner Tom O’Donnell
PLEDGE OF ALLEGIANCE
Commissioner Hanssen led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Items 2 and 3.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Conceptual Development Advisory Committee
Chair Badame
- The 8/10/16 CDAC meeting considered two matters:
- 16212 Los Gatos Boulevard
- 16100 Greenridge Terrace
VERBAL COMMUNICATIONS (AUDIENCE)
None.
CONSENT CALENDAR
1. Approval of Minutes – July 12, 2016, July 13, 2016, and July 27, 2016
MOTION: Motion by Commissioner Hudes to approve adoption of the Consent
Calendar.
Seconded by Vice Chair Kane.
VOTE: Motion passed 6-0.
PUBLIC HEARINGS
2. 477 Wraight Avenue
Architecture and Site Application S-16-001
APN 529-06-025
Property Owner/Applicant: Sammy and Celeste Kassai
Project Planner: Jennifer Armer
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Requesting approval for a technical demolition, second story addition to an existing single-
family residence, and request to reduce the rear setback for an accessory structure on
property zoned R-1D.
Chair Badame opened the public hearing.
Vice Chair Kane indicated that he would recuse himself from participating in the public hearing,
because his residence is within 500 feet of the subject property.
Jennifer Armer, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Celeste Kassai
- Commented that they need more room, because their family is expanding. They love the
neighborhood, and were careful in their design to preserve its character and to fit in with the
street.
Sammy Kassai
- Commented that their neighborhood is in transition, with young families moving in that need more
room than the mostly single-story homes can provide; he has seen many additions in the
neighborhood. Wraight Avenue is only a block long, with 40% of the homes two stories. They
have adhered to the residential guidelines, such as setting back the second story to reduce the
overall mass and make it appear as a one-and-a-half story home.
Commission members asked questions of Mr. Kassai.
Commission members asked questions of staff.
Michael LoMonaco
- Commented that he has lived in the neighborhood almost 20 years and works in real estate.
There is a need in the neighborhood for two story homes. The Kassais have worked hard to
ensure the neighbors are respected. The second story being set back benefits the neighborhood,
because it does not appear as a bulky two-story home right on the street.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner Burch to approve Architecture and Site
Application S-16-001 subject to the conditions of approval as noted in
Exhibit 3 of the staff report dated August 10, 2016, and the development
plans in Exhibit 10. The required findings were made as noted in Exhibit
2 of the staff report dated August 10, 2016.
Seconded by Commissioner Hudes.
Commission members discussed the matter.
VOTE: Motion passed 3-2 with Chair Badame and Commissioner Erekson
opposing
Community Development Director Joel Paulson cited the appeal rights.
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Planning Commission Minutes August 10, 2016
3. 401 to 409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-001
APN 529-23-018
Property Owner: CWA Realty
Applicant: Shane Arters, LP Acquisitions, LLC
Project Planner: Jennifer Armer
Requesting approval to demolish three existing office buildings and construct two new two-
story office buildings with underground parking on property zoned CH. It has been
determined that this matter may have a significant impact on the environment and an
Environmental Impact Report (EIR) has been prepared as required by the California
Environmental Quality Act (CEQA).
Chair Badame indicated that she would recuse herself from participating in the public hearing,
because her residence is within 500 feet of the subject property.
Vice Chair Kane returned to the hearing.
Vice Chair Kane opened the public hearing.
Jennifer Armer, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Shane Arters
- Commented that they are considered a responsible developer that builds beautiful, sustainable,
and practical buildings. Their developments are proven to strengthen existing businesses and
support local merchants. Their company does not look for exceptions; it just follows the rules.
Randy Lamb
- Commented that given the office environment of the future this is an ideal site, because it has
great access to transportation and is within a mile of downtown Los Gatos. There is a tremendous
amount interest in Class A office, which is all they build, because they believe that is the future.
They create pedestrian and bicycle friendly transit corridors.
Commission members asked questions of Mr. Lamb.
Christie Corbisiero
- Commented that she is concerned about the growth and the mass, because it is a quiet dead-end
street that has elderly residents and children. Growth is not appropriate for this property. Her
windows look at the building, and the story poles are higher than her two-story building and are
massive. She is also concerned about the growth of the Town.
Thomas Dunn
- Commented that his property is in front of the subject site. The story poles show that the building
will block his view of the mountains, trees, and the sunset. They retired to their condo complex
because it is it quiet, beautiful, and full of trees. The proposed building is too tall and crammed
into the lot to the max.
Mark Rogge
- Commented that he has worked in municipal management over 30 years. There is a balance
issue, because the Town wants to maintain its important charm, however, having the
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development there would bring jobs into the neighborhood, so people could avoid a long
commute. He liked that the parking would be underground.
Raymond Toney
- Commented that he is concerned about safety. Alberto Way is a funnel for all the housing
developments and homes in the area going to Los Gatos-Saratoga Boulevard. The proposed
development has a 390-space parking garage and only one way in and out, which is bad enough,
but during an earthquake or disaster it could be a disaster.
John Mittelstet
- Commented that he is the president of the homeowners association at Los Gatos Commons. He
is not concerned about traffic during construction as long as that construction it is completed in
the promised 14 months. Additional traffic could impact residents of the Commons in trying to get
out during the morning rush hour.
Commission members asked questions of Mr. Mittelstet.
Susan Cahn
- Commented that she works from home and would be severely impacted by construction noise.
The traffic to and from the parking garage would be a safety issue for the many children in the
area. Additional traffic would lead to congestion in the downtown and people will stop going there.
Jennifer Liebthal
- Commented that the building is immense in height and square footage and would block her view.
The magnitude of the building is much too large for the neighborhood. If the building is approved,
they may end up with a company such as Google that close to the downtown.
Commission members asked questions of Ms. Liebthal.
Richard Vaccarello
- Commented that the mass and size of the development, and the amount of people in cars that
will be coming in and out of a road with one access, is way to large. The applicant’s statements
about working with the residents are false. When he asked Mr. Lamb, “Why don’t you work with
the residents to get this thing passed? I’m all in favor of it working, but I have a problem with the
mass,” Mr. Lamb said, “I don’t care, and I don’t give a damn about the residents, and I’m going to
build it anyway.”
Melanie Kemp
- Commented that she is concerned with size, mass, and traffic. One major reason the large
commercial Alberto Oaks project proposed for the end of the street was rejected was because
there is very small ingress/egress there, and this project has even higher density than that
project. The building is not in keeping with the neighborhood and will cast a huge shadow on the
entire street.
Lewis Darrow
- Commented that he manages a similar project with underground parking. When they excavated
and poured the parking lot, they had over 300 dump truck loads going in and out of the site,
destroying the street, and generating dust. This site has no circulation for that number of trucks to
get out.
Commission members asked questions of Mr. Darrow.
Marietta Riney
- Commented that the proposed project does not comply with the Los Gatos Building and Planning
Department’s stated goal of helping to, “Ensure the health, safety and welfare of its citizens and
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property owners.” The detrimental impact this development will have on all residents of Los
Gatos, and specifically the Alberto Way residents, has largely been downplayed.
Bob Burke
- Commented that the proposed development does not conform to the 2020 General Plan’s
sections on vision, land use, community design, and transportation. The applicant’s assumptions
regarding transportation are selected to minimize the apparent impact on traffic in the area. The
traffic report submitted by the applicant contains many errors and omissions.
Commission members asked questions of Mr. Burke.
Loretta Fowler
- Commented that she resides in the Los Gatos Commons senior condos. She and the majority of
her fellow tenants oppose the project, because it would introduce 390 cars into the Alberto Way
cul de sac, increasing air pollution in the neighborhood. The mitigations supported by the EIR are
not adequate to deal with the health problems 390 cars would bring.
Pat Lynch
- Commented that she is the owner and property manager/leasing agent for the subject property
and has been on the site for 30 years. Their current buildings were intended to be a shopping
center and are not conducive to office use. The offices are chopped up into small and
noncontiguous spaces, with 50-year-old infrastructure. The buildings are not ADA compliant, and
there is no way to make them ADA compliant.
Ben Roxborough
- Commented that the development is incongruent with the Town’s General Plan. The streets in the
development do not discourage through-traffic. There are also significant discrepancies with
respect to solar access for residents of 420 Alberto Way.
Commission members asked questions of Mr. Roxborough.
Kathryn Azad
- Commented that she lives across the street from the subject site and would lose her view if the
proposed structures were built. She is concerned that construction would block traffic from getting
in and out of her complex, as has happened with prior construction. It would be impossible for
emergency vehicles to get in with no through traffic.
Roman Rufanov
- Commented that he has small children, and the only way for children to go to school is along
Alberto Way and to the traffic light at the corner of Highway 9. W ith cars going through every 15
seconds it would be impossible for them to get to school, and Alberto Way does not have any
other way out for children.
Paul Gundotra
- Commented that he agreed with most comments from those opposing the project, but he believes
that town staff has already agreed to go ahead with the project despite the amount of community
opposition. He asked if anyone would allow the construction if their parents lived there, and would
they want that much traffic on a street with only one way out?
Tim Lynch
- Commented that he is the facility manager of the current buildings. People and kids come across
the property frequently, despite no trespassing signs. If people are worried about their kids’
safety, they’re not very safe right now. With respect to traffic, he has been going in and out of
those buildings for over 25 years and had only one incident where he could not get in due to an
accident at the crossroads. He has never had to wait longer than one or two car lengths to get
out.
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Commission members asked questions of Mr. Lynch.
Sherry Burke
- Commented that she lives directly across from the subject site. She opposes the proposed
development, because the increase in square footage from the existing buildings to the proposed
buildings is massive; the proposed buildings will be out of character with the neighborhood and
small town; and the proposed buildings will not be set back from the street, as the current
buildings are.
Commission members asked questions of Ms. Burke.
Paulette Sato
- Commented that she lives across the street from the subject site. She does not believe Mr.
Lamb’s assertion that he is conscientious and has listened to the residents. The proposed
buildings are much higher than the current buildings, and are daunting for such a small street.
Sergey Melnik
- Commented that he is concerned about the study that was done a few years back, because then
they did not have the new restaurant and medical facility, which added to the traffic numbers.
People working in the proposed buildings can apply to send their children to Los Gatos schools
based on working in Los Gatos.
Jean Paul Meunier
- Commented that there is a traffic light for people coming from either Highway 17 or downtown
Los Gatos that want to turn left on Alberto Way, and traffic coming down Highway 9 is stopped to
allow them to turn left. With the addition of 390 cars trying to turn left during the morning rush
hour, a stop sign will be needed to avoid collisions between people trying to exit and people
turning left into the parking lot.
Commission members asked questions of Mr. Meunier.
Debra Chin
- Commented that the Planning Commission should deny the application, because of the mass and
scale, traffic, and safety. A car recently hit her neighbor, an experienced biker, and the potential
for such accidents will be exacerbated by additional traffic. During the weekends the highway
backs up on both sides of the street; with this development it will be the same during the
weekdays.
Randy Lamb
- Commented that there would not be 390 people coming and going during the rush hours.
At Van Den Hout
- Commented that their calculations for how many cars will be generated by the site are based on
actual traffic surveys. It will be 139 additional vehicles in the morning that will turn on Alberto Way
and turn into the parking garage, one about every 25 seconds. Queuing into the parking garage
would not be a problem, because there would only be one car a minute that those vehicles would
have to yield to.
Dan Kirby
- Commented that he is the project architect. In response to comments by staff and residents, they
redesigned the prominent corners of the building that faces Alberto Way and reduced them in
height, the overall square footage of the building was reduced by over 1,000 square feet, the
second floor plate was pulled back, and they created balconies at those corners. Also, they
created some relief on the façade to reduce the overall bulk and mass of the buildings.
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Shane Arters
- Commented that due to the Complete Streets initiative that Los Gatos has, they are voluntarily
putting in a bike box to create visibility and safety for cyclists that want to go out of Alberto Way
and use the cycle routes.
Alicia Guerra
- Commented that suggestions that impacts were not fully evaluated or that there were new
impacts that hadn’t been addressed were all based on analysis contained in the very thorough
EIR and analysis that the town staff and consultant conducted. Impacts such as air quality, health
and safety, emergency access, pedestrian and traffic access, and freeways were identified, found
to be less than significant, and mitigated. There were no new significant impacts addressed.
Commission members asked questions of Mr. Van Den Hout, Mr. Lamb, Mr. Arters, and Mr. Kirby.
Commission members asked questions of staff.
Vice Chair Kane closed the public input portion of the hearing.
Commission members asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Vice Chair Kane to continue the public hearing for 401 to 409
Alberto Way to the meeting of August 24, 2016.
Seconded by Commissioner Erekson.
VOTE: Motion passed 5-0.
Chair Badame returned to the hearing.
Commission members asked questions of staff.
OTHER BUSINESS
4. Report from Community Development Director, Joel Paulson
• Town Council met 8/2/16; considered and denied the Overlook appeal; heard and
accepted recommendations from the Planned Development Study Committee,
which will be forwarded back to the Planning Commission.
• Town Council met 8/9/16; began consideration of the North 40 development
applications, and continued the deliberations to the 8/11/16 meeting.
• Town Council met 8/11/16; continued consideration of the North 40 development
applications and continued the deliberations to the 8/16/16 meeting.
5. Commission Matters
None.
ADJOURNMENT
Meeting adjourned at 11:24 pm.
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TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, August 10, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Community Development Director