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Item 01 - Draft Mins 09.14.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 14, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, September 14, 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 Burch led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Item 3. REQUESTED CONTINUANCES – ITEM 2 MOTION: Motion by Vice Chair Kane to continue the public hearing for Item 2, 19 Highland Avenue, to the meeting of September 28, 2016. Seconded by Commissioner Burch. VOTE: Motion passed 6-0. SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee Commissioner O’Donnell - The 9/15/16 CDAC meeting considered one matter: - 15560 Shannon Heights Road VERBAL COMMUNICATIONS (AUDIENCE) Angelia Doerner - Commented that she thanked the Commission for its deliberation and decision with respect to 401-409 Alberto Way, but was angered that the Permit Streamlining Act forces the town to use the same time constraints on a project of that size compared to a project the size of the North 40. CONSENT CALENDAR 1. Approval of Minutes – August 24, 2016 MOTION: Motion by Commissioner Burch to approve adoption of the Consent Calendar. Seconded by Commissioner Hanssen. VOTE: Motion passed 6-0. Page 2 of 8 Planning Commission Minutes September 14, 2016 PUBLIC HEARINGS 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. Continued from 8/24/2016. Chair Badame opened the public hearing. Jocelyn Puga, Associate Planner, presented the staff report. Commission members asked questions of staff. Tony Jeans - Commented that since the last hearing they have met with the neighbors, worked with staff on construction and traffic parking measures, submitted requested charts to the Commission, and fleshed out the trees. They feel the eight-foot setback is highly compatible with the neighborhood. They are the fifth largest FAR. The house has been dropped two feet, so the cellar does not contribute to the mass. They have also eliminated two feet from the height. They are proposing a few more redwood trees for the lot. They have reduced the finished floor of the house by two feet, adjusted the front grade, and can still arrange for the water to drain to the street. They believe the size and FAR are appropriate. Commission members asked questions of Mr. Jeans. Estelle Green - Commented that her home at 129 Wheeler has been compared to the proposed house as the same size, but in fact her home is significantly smaller and shows less visual bulk impact. The proposed house is 2,514 square feet larger and denies them sky views and sun access. Kathryn Morgan - Commented that community design guidelines were designed to protect the traditional neighborhoods. The project does not require that the entire house be flipped around and wipe out the back lot, it calls for larger setbacks and smaller rooms. Adam Green - Commented that although Mr. Jeans lowered the house by two feet, they still could see the story pole netting due to the close eight-foot setback. If the proposed house were approved, the view from their den, dining room, and kitchen would be a wall of siding. This application violates too many of the Los Gatos planning guidelines to be approved in its current form. Commission members asked questions of Mr. Green. Lee Quintana - Commented that the General Plan states that cellars are encouraged in lieu of visible square footage or visible mass. The FAR of the proposed house is close to or maybe even reaches the maximum, and with such a large cellar doubling the size of the house, the cellar is not used to reduce visible mass. Page 3 of 8 Planning Commission Minutes September 14, 2016 Tony Jeans - Commented that their proposed house is now one and one-half feet shorter than the Green’s home. They have resolved the problem of the upper window that had a direct line of site to the Green’s home by moving the window. The Green’s family room has several other windows that have full solar access. The proposed home would be blocking only the kitchen window view and a few others that are not the main focus in the home. The second story is not large, as has been suggested. They propose to plant evergreens along the side of the Green’s kitchen window to screen the side of their house. Commission members asked questions of Mr. Jeans. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. MOTION: Motion by Commissioner Burch to approve Architecture and Site Application S-16-039 subject to the conditions of approval as noted in Exhibit 19 of the staff report dated September 14, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated September 14, 2016. Commission members asked questions of staff. Seconded by Commissioner O’Donnell. Commission members discussed the matter. VOTE: Motion passed 5-1 with Commissioner Hanssen opposing. Community Development Director Joel Paulson cited the appeal rights. 4. 105 Newell Avenue Planned Development Application PD-14-002 Mitigated Negative Declaration ND-16-002 APN 409-24-026 Property Owner: Tango Pappa Applicant: Camargo & Associates Architects Project Planner: Jennifer Armer Requesting approval of a Planned Development to rezone a property from R-1:12 to R- 1:12:PD, demolish an existing building, and construct four single-family residences on property zoned R-1:12. Chair Badame opened the public hearing. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. Kurt Anderson - Commented that from a noise and safety standpoint they have configured the site so that the back yards of the houses are not at street level. They propose to create layers of landscaping along the Lark Avenue side to soften the structure, because right now that corner is a sea of impervious asphalt. They propose to remove the asphalt and return much of the site to landscaping and the original contours of the site. They seek a Planning Commission Page 4 of 8 Planning Commission Minutes September 14, 2016 recommendation to the Town Council to convert this to PD residential zoning, which will affirm that they are going in the right direction. Liat Perlman - Commented that her property abuts Lot 3. She supports the development, which is a reasonable plan that does not overuse the property. This space needs to be filled in and utilized in keeping with the nature of the development at the area. Commission members asked questions of Ms. Perlman. Khalil Fattahi - Commented that part of his back fence and his entire side yard is adjacent to Lot 2. The builders have satisfied all his issues and he and his wife support the plan as presented. Although the home on Lot 3 would be two stories, it would still be a little below his roofline because of the sloping land. Four homes for a lot this size does not seem big to him . Harvey Yap - Commented that his property adjoins the proposed development and he supports the application to build the four homes. The six exceptions asked for are reasonable and should be granted, because the site is unique and not easy to develop. He believes the proposed two-story homes would be compatible with the neighborhood. Dale Miller - Commented that he lives behind Lot 1 and also supports the development. He and his neighbors are in support of homes being built, because they are tired of the Elks, they are tired of an empty parking lot, and they are tired of Courtside using it for their exercise classes. They want residential, not commercial, because this is a neighborhood. This is the first time during a proposed development that the developer and architects have done neighborhood outreach. Richard Potter - Commented that the project is due. He and all his neighbors believe this would be a great project and encourage the Planning Commission to approve it. Tobin Lehman - Commented that he agreed with the comments of his neighbors. He supports this Planned Development and requests that the Planning Commission approve it. Being a neighbor of the empty parking lot, he would enjoy high-quality housing there as opposed to the RVs and motorcycles that frequent it. Kurt Anderson - Commented that they have enjoyed working with the neighbors, who have offered great suggestions. They are converting a nonconforming commercial use to a residential use, as the neighbors have requested. They request that the Commission recommend to the Council that they come back to the Commission for approval of the Architecture and Site Application and not to the Development Review Committee. Commission members asked questions of Mr. Anderson. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner Burch to continue the public hearing for Item 4, 105 Newell Avenue, to the meeting of December 7, 2016. Seconded by Commissioner O’Donnell. Page 5 of 8 Planning Commission Minutes September 14, 2016 Commission members discussed the matter. Commissioner Burch amended her motion to strike the comment regarding referring to page six of the staff report, and replace it with she is asking that the applicant comply with all of staff’s recommendations and comments. The seconder of the motion accepted the amendment to the motion. Commission members discussed the matter. VOTE: Motion passed 6-0. 5. 140 S. Santa Cruz Avenue Conditional Use Permit Application U-16-005 APNs 510-45-064 and -065 Property Owner: Michael Mohr – Coo MetWest Properties, LLC Applicant: Los Gatos Hotel LLC D.B.A. Toll House Project Planner: Sally Zarnowitz Requesting a modification to an existing Conditional Use Permit to allow entertainment before 10:00 p.m. on property zoned C-2:PD. Chair Badame opened the public hearing. Sally Zarnowitz, Planning Manager, presented the staff report. Commission members asked questions of staff. Jim Gerney - Commented that they realized shortly after purchasing the hotel that their courtyard entertainment violated their CUP, and they immediately ceased the entertainment. Their relationship with the neighborhood is very important. They do approximately 30 outdoor weddings per year, but do not allow any type of amplified activity, and that hurts their business. They have never been challenged on the noise ordinance, nor have they had conflict with anybody on any of the CUP issues. They have done community outreach and plan an open house event on October 6th. Commission members asked questions of Mr. Gerney. Michael Verga - Commented that he and his neighbors would bear the brunt of the noise if the Toll House had outdoor entertainment. He lived through the summer of 2011 when the Toll House had amplified music not in compliance, and that could be heard throughout the neighborhood. An outdoor venue bordering a neighborhood is inappropriate and would negatively affect their quality of life. The configuration of the courtyard pumps the amplified sound right to lower Broadway. He strongly urges the Planning Commission to not change the Toll House’s CUP. Commission members asked questions of Mr. Verga. Lori Baker - Commented that her back yard abuts the Toll House property line. She is concerned with the lack of communication. She had not been contacted about the Toll House’s request to change the CUP and only heard about it from a neighbor. Her largest concern is how the potential noise could impact her family with three children who go to bed at 8:00 pm and have homework to do. They also want to be able to enjoy their back yard and she wondered what outdoor weddings until 10:00 pm on a regular basis would be like for them. Page 6 of 8 Planning Commission Minutes September 14, 2016 Commission members asked questions of Ms. Baker. Roger Poyner - Commented that he is the president of the Los Gatos Meadows Residents’ Association. Many of their units are close to the Toll House courtyard, and any noise from there interrupts the quiet enjoyment of living in their apartment. He and the residents oppose any change to a CUP that would permit any entertainment in the courtyard area. Dixie Fisher - Commented that she lives ten houses up the street from the Toll House. In 2011 she could hear the music from the Toll House, and it wasn’t tasteful music. She was not notified about the Toll House’s request for a CUP change until a neighbor told her. She urges that the CUP not be revised, because it was thoughtfully created for a good reason. Commission members asked questions of Ms. Fisher. Commission members asked questions of staff. Gail Randolph - Commented that music from the Toll House pounds against her windows and keeps her awake, drowns out the sound of her television and other people, and requires her to keep her windows closed. Commission members asked questions of Ms. Randolph. Commission members asked questions of staff. Luke Lenhart - Commented that he lives on the opposite side of the Toll House. He is a junior in high school and begins studying at home in the late afternoon. Listening to unwanted amplified music would affect his ability to study as well as being able to go to sleep. Larry Lenhart - Commented that if one looks at the 360 degrees around the Toll House, 240 degrees are directly into residential. Any amplified sound that hits the Toll House bounces off the walls and goes back into residential and is accelerated up into Broadway. Amplified music would impair the character and integrity of this historical zone. Gillian Verga - Commented that the Toll House has created an adversarial relationship with its neighbors, which started prior to the current management. There has been zero neighborhood outreach. It is clear that the Toll House expanding their wedding business is more important to them than the neighbors’ concerns. The neighbors do not trust the Toll House. Commission members asked questions of staff. Angelia Doerner. - Commented that everything around downtown Los Gatos is in an historical district. The new owners of the Toll House deserve respect as a property owner and to be given a chance. It would be a disadvantage to them if they are not allowed to take advantage of the new Entertainment Policy based on past history. Page 7 of 8 Planning Commission Minutes September 14, 2016 Jim Gerney - Commented that their behavior since the new owners have come on board has been commendable. They tried to do neighborhood outreach to everyone and plan an open house event on October sixth. If there is an ordinance that would benefit his business, he is obligated to utilize it, because he has investors, but there would be decibel levels they would have to adhere to. Commission members asked questions of Mr. Gerney. Commission members asked questions of staff. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 140 S. Santa Cruz Avenue to the meeting of November 9, 2016. Seconded by Vice Chair Kane. Commission members discussed the matter. Commission members asked questions of staff. VOTE: Motion passed 6-0. NEW OTHER BUSINESS 5. Report from Community Development Director, Joel Paulson • Staff has sent out an email with respect to the Commission Appointment Policy. There are no changes to the Planning Commission policy, but the Planning Commission will look at the General Commission Appointment Policy. • Town Council has denied the North 40 Phase 1 applications. 6. Commission Matters • Chair Badame gave special thanks to Russell Cordell and the KCAT TV crew for meticulously airing the Planning Commission hearings to the public. ADJOURNMENT Meeting adjourned at 10:50 pm. Page 8 of 8 Planning Commission Minutes September 14, 2016 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, September 14, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director