Item 01 - Draft Mins 08.24.16DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
AUGUST 24, 2016
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday,
August 24, 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, and Commissioner Tom O’Donnell
Absent: None.
PLEDGE OF ALLEGIANCE
Commissioner Hudes led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Items 2, 3 and 4.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Historic Preservation Committee
Vice Chair Kane
- The 8/24 /16 HPC meeting considered four items:
- 125 Tait Avenue
- 21 Oak Hill Way
- 112 Los Gatos Boulevard
- 16743 Shannon Road
VERBAL COMMUNICATIONS (AUDIENCE)
Marietta Riney
- Commented that she lives in the senior condo community at 449 Alberto Way, directly south of
the pending Alberto Oaks project. Her community is concerned that this site is proposed to go
from office to medical use, plus construction of an additional two-story building with an additional
2,048 net new daily vehicle trips.
Bob Burke
- Commented that the process used to conduct planning business generates a lot of last minute
input if citizens get involved, but it also aids late involvement by the fact that there has been little
staff outreach. Leaving the community outreach to the applicants does not work, because they tell
the citizens what they think they want to hear to get them to not oppose their development.
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Planning Commission Minutes August 24, 2016
CONSENT CALENDAR
1. Approval of Minutes – August 10, 2016
MOTION: Motion by Commissioner Burch to approve adoption of the Consent
Calendar.
Seconded by Commissioner O’Donnell.
VOTE: Motion passed 7-0.
PUBLIC HEARINGS
Chair Badame indicated that she would recuse herself from participating in the public hearing for
401 to 409 Alberto Way, as she lives within 500 feet of the proposed application.
2. 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). Continued from 8/10/2016.
Vice Chair Kane opened the public hearing.
Commission members asked questions of staff.
Commission members asked questions of Randy Lamb, Alicia Guerra, Dan Kirby, and At Van Den Hout.
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 the applicant.
Vice Chair Kane closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner Erekson to continue the public hearing for
401 to 409 Alberto Way to the meeting of October 26, 2016, so the
applicant can return with an application that addresses the following
concerns, plus any others heard at the hearing: Significant reduction in
the scale and size of the buildings, perhaps by one-third; examine
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Planning Commission Minutes August 24, 2016
moving the reduced building away from the residential; maintain LEED
certification goal and the underground parking on the site; reexamine the
traffic safety measures on the site and immediately adjacent to the site,
with particular attention to the straightening and widening of Alberto Way;
work with staff to approximate a Complete Streets concept; work with
staff and Caltrans to improve the visible crossing at Highway 9; increase
conformance with Commercial Design Guideline Section 1.4 and
General Plan Policies LU-1.8 and LU-6.5; incorporate the architectural
style changes articulated by Commissioner Hudes; be sensitive to the
general architectural style of the neighborhood and build to complement
that style; and work with the neighbors on project revisions.
Seconded by Vice Chair Kane.
Commission members asked questions of staff.
Commission members discussed the matter.
VOTE: Motion passed 6-0.
Chair Badame returned to the meeting.
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: Sally Zarnowitz
MOTION: Motion by Chair Badame to continue the public hearing for Item 4 to the
meeting of September 14, 2016.
Seconded by Vice Chair Kane.
VOTE: Motion passed 7-0.
3. 125 Wheeler Avenue
Architecture and Site Application S-16-039
APN 532-36-065
Property Owner: Jeff Avilla and Darcy Viale-Avilla
Applicant: Tony Jeans
Project Planner: Jocelyn Puga
Requesting approval to demolish an existing single-family residence and to construct a new
single-family residence on property zoned R-1:8.
Chair Badame opened the public hearing.
Jocelyn Puga, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Tony Jeans
- Commented that the proposed house is the third largest in the immediate neighborhood, and the
fifth largest FAR. The proposed cellar is just less than 1,500 square feet and will eventually
become finished; the cellar for the house next door is 2,100 square feet. The neighborhood is
predominantly Craftsman style, which is the style of their proposed home. The houses in the
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Planning Commission Minutes August 24, 2016
immediate neighborhood have mostly eight-foot setbacks, which they propose for their house.
They put the garage on the right to create 35 feet of separation of living space from 129 Wheeler.
Commission members asked questions of Mr. Jeans.
Jason Goulden
- Commented that he was concerned about parking and construction traffic, and asked that no
construction parking be allowed on Wheeler Avenue, and that adequate parking be provided on
the property. He asked that the grade be as flat as possible. He asked that the existing trees be
replaced with other large trees in the front yard.
Estelle Green
- Commented that she lives at 129 Wheeler and is the most affected neighbor. The proposed
project is disproportionate, with inconsistent bulk and mass. Their neighborhood is now low-
density, but this project would drastically increase the density in the area. The immediate area
homes are much smaller, with an average FAR of 24%. The cellar alone of the proposed house is
larger than two of the neighboring homes.
Commission members asked questions of Ms. Green.
Adam Green
- Commented that the mass and height of the proposed plan is too large for the lot, and the
applicant has not called for any reduction in setbacks. The home does not follow the natural
contours of the property and would restrict their views, sky exposure, and sun access. The
windows on the east side look down into their dining room, living room, and kitchen.
Commission members asked questions of Mr. Green.
Katherine Morgan
- Commented that the proposed house violates the town’s community design guidelines, and the
single- and two-family residential design guidelines. Neighborhood transition can happen with the
use of the guidelines, while still preserving the traditional scale, proportion, setbacks, and privacy
of the neighborhood.
Shirley Maxwell
- Commented that most existing homes on Wheeler are older and modest in size, and she and her
neighbors like it that way. The proposed house is out of proportion to the existing houses, and
would dominate the neighborhood and impact views at 129 Wheeler.
Tony Jeans
- Commented that the proposed home has a significantly smaller second story, and they have
stepped the house well back from the front. He proposed pressing the entire house down 2 feet,
which would cause the cellar to not contribute to mass; relocating the bedroom window from the
side so nothing looks from the second story at 129 Wheeler; reduce the cellar so it only sticks out
of the ground just under 2 feet. Their project would solve the water problem for 129 Wheeler, not
contribute to it.
Commission members asked questions of Mr. Jeans.
MOTION: Motion by Commissioner O’Donnell to continue the meeting past
11:30 pm, but to go no later than 11:45 pm.
Seconded by Commissioner Hudes.
VOTE: Motion passed 5-2 with Commissioners Erekson and Burch
opposing.
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Planning Commission Minutes August 24, 2016
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members discussed the matter.
Commission m embers asked questions of staff.
MOTION: Motion by Commissioner O’Donnell to continue the public hearing for
Item 3 to the meeting of September 14, 2016 to allow the applicant
additional time to share the revised plans with the adjacent neighbor at
129 Wheeler Avenue.
Seconded by Vice Chair Kane.
VOTE: Motion passed 7-0.
NEW OTHER BUSINESS
5. Report from Community Development Director, Joel Paulson
• Town Council met 8/11/16 and 8/16/16; considered North 40 applications and
continued them to the September 1, 2016 meeting.
6. Commission Matters
None.
ADJOURNMENT
Meeting adjourned at 11:28 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, August 24, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Community Development Director