Item 01 - Draft Mins 09.28.16DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
SEPTEMBER 28, 2016
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday,
September 28, 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 Melanie Hanssen,
Commissioner Matthew Hudes, and Commissioner Tom O’Donnell
Absent: Commissioner Kendra Burch, Commissioner Charles Erekson
PLEDGE OF ALLEGIANCE
Commissioner O’Donnell led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
Desk Item for Items 3 and 5.
REQUESTED CONTINUANCES – ITEMS 2 and 4
MOTION: Motion by Commissioner O’Donnell to continue the public hearing for
Item 4 to the meeting of October 17, 2016.
Seconded by Vice Chair Kane.
VOTE: Motion passed 5-0.
PUBLIC HEARINGS
2. 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
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 9/14/2016.
Chair Badame opened consideration of the recommendation to continue the item to the October
26, 2016 meeting.
Bess Wiersema
- Commented that they would like the continued hearing to be heard at the soonest possible date,
either the October 17th or October 26th meeting, because their understanding is the Appellant
group intends to take the matter to the Town Council, so it doesn’t matter what happens at the
Planning Commission level. The Applicant has had to spend over $50,000 due to the many
continuances and having his team available for these Planning Commission meetings over the
past four months, and for vetting reports. Some consideration should be made based on the
financial impact to the Applicant, in addition to a delay in construction. Attorney Bart Hechtman
has extensively reviewed the Supreme Court case and is prepared to comment as soon as
possible with his understanding.
Page 2 of 5
Planning Commission Minutes September 28, 2016
Cindy McCormick
- Commented that she would read a statement from Mr. Pearson, which said he believes since the
last hearing they have made great strides with the project. The surrounding neighbors have been
supportive, and one appellant has removed herself from the group after seeing the revised plans.
Mr. Pearson requests that they keep the Planning Commission hearing date of October 26th, as
two of his consultants would be unable to attend at the later proposed date, and the appellant
should be able to assemble adequate representation.
Anthony Badame
- Commented that the only Planning Commission hearing dates the appellants could all attend
would be November 9th and December 14th, and they would not be able to be adequately
represented for an October 26th hearing. Contrary to what the applicant’s architect has stated, the
appellants are not determined to take this matter to the Town Council.
Commission members asked questions of Mr. Badame.
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 O’Donnell to continue the public hearing for
19 Highland Avenue to the meeting of October 26, 2016.
Seconded by Commissioner Hanssen.
Commission members discussed the matter.
Commission members asked questions of staff.
Chair Badame indicated that she would abstain from voting due to a perceived conflict of interest.
VOTE: Motion passed 4-0
SUBCOMMITTEE REPORTS
Historic Preservation Committee
Vice Chair Kane
- The 9/27/16 HPC meeting considered four matters:
- 94 Hernandez Avenue
- 10A&B Reservoir Road
- 16 Pennsylvania Avenue
- Definitions of policies and procedures
VERBAL COMMUNICATIONS (AUDIENCE)
None.
CONSENT CALENDAR
1. Approval of Minutes – September 14, 2016
MOTION: Motion by Commissioner O’Donnell to approve adoption of the
Consent Calendar.
Seconded by Vice Chair Kane.
VOTE: Motion passed 5-0.
Page 3 of 5
Planning Commission Minutes September 28, 2016
3. 213 Tait Avenue
Architecture and Site Application S-16-042
APN 510-17-007
Property Owner: Joey McCarthy
Applicant: Bess Wiersema/Studio Three Design
Project Planner: Jennifer Armer
Requesting approval to exceed the allowable floor area ratio for an addition to an existing
two-story contributing single-family residence in the Almond Grove Historic District on
property zoned R-1D:LHP.
Chair Badame opened the public hearing.
Jennifer Armer, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Bess Wiersema
- Commented that the existing countable FAR is 2,025 square feet and their proposed is 2,343
square feet, a modest home for the neighborhood and exceeded in the immediate neighborhood
by two properties in terms of square footage. Their proposed square footage exceeds the FAR by
417 square feet overall, but actually 318 square feet over the current square footage. Lot
coverage would not change, so there is no increase in overall footprint, and actually a decrease in
the second story footprint, helping to bring down bulk and mass. The addition is in keeping with
the neighborhood character from a historical standpoint, with a modest square footage at 40%
when the immediate neighborhood average is 53% and Historic Almond Grove neighborhood
average is 46%.
Commission members asked questions of Ms. Wiersema.
Bess Wiersema
- Commented that they have received support from the immediate neighbors.
Commission members asked questions of Ms. Wiersema.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members discussed the matter.
Commission members asked questions of staff.
MOTION: Motion by Chair Badame to approve Architecture and Site Application
S-16-042 subject to the conditions of approval as noted in Exhibit 3 of
the staff report dated September 28, 2016. The required findings were
made as noted in Exhibit 2 of the staff report dated September 28, 2016.
Seconded by Vice Chair Kane.
Commission members asked questions of staff.
VOTE: Motion passed 5-0
Community Development Director Joel Paulson cited the appeal rights.
Page 4 of 5
Planning Commission Minutes September 28, 2016
5. 50 University Avenue, Suite 180
Conditional Use Permit Application U-16-004
APN 529-02-044
Property Owner: Sri Old Town LLC
Applicant: Mark English, Architect
Project Planner: Jocelyn Puga
Requesting approval to modify an existing Conditional Use Permit for a restaurant (Wine
Cellar) to allow for an increase of 60 additional seats, to modif y the distribution of existing
seating, and to allow entertainment before 10:00 pm.
Chair Badame opened the public hearing.
Jocelyn Puga, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Steve Hauck
- Commented that they are not interested in having outdoor music. They would like to increase
their seats and expand the space by incorporating adjacent spaces to better accommodate
requests for corporate and private banquets. Parking near the restaurant is less congested than it
used to be.
Lisa Hauck-Alvarez
- Commented that she handles special events at the restaurant and frequently gets requests for a
private room, so the extra room would be an asset to Los Gatos and a good promotion of the
town.
Mark English
- Commented that the spaces they seek to convert are configured such that a retail use would
never be able to use it.
Commission members asked questions of Ms. Hauck-Alvarez and Mr. Hauck.
Commission members asked questions of staff.
Steve Chen
- Commented that he lives near Wine Cellar and he and his family enjoy dining there. He supports
the application, because it would contribute to the town’s vibrancy. The requested new space
could never be retail. He is not concerned about excess noise, because there is a process and
rules in place. The neighbors he has spoken with also support the project.
Michael Strahs
- Commented that he represents the shopping center’s owners, who support the project.
Steve Hauck
- Commented that they appreciate the opportunity to formalize the application in front of the
Planning Commission, and thanked the staff for their care in preparing it.
Commission members asked questions of Mr. Hauck.
Chair Badame closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members asked questions of staff.
Page 5 of 5
Planning Commission Minutes September 28, 2016
MOTION: Motion by Commissioner O’Donnell to approve Conditional Use Permit
Application U-16-004 subject to the conditions of approval as noted in
Exhibit 3 of the staff report dated September 28, 2016. The required
findings were made as noted in Exhibit 2 of the staff report dated
September 28, 2016, and with conditions contained in Exhibit 3 and
Exhibit 11.
Seconded by Vice Chair Kane.
Vice Chair Kane requested the motion be amended to allow for line items that the Council should
consider.
The maker of the motion did not accept the amendment to the motion.
Commissioner O'Donnell amended the motion to modify a condition of approval that outdoor
entertainment is not permitted.
The seconder accepted the amendment to the motion.
Commission members discussed the matter.
VOTE: Motion passed 5-0.
NEW OTHER BUSINESS
6. Report from Community Development Director, Joel Paulson
• Town Council met 9/20/16; heard the appeal of 16362 Hilow Road application and
remanded it back to the Planning Commission. Met 9/27/16; considered potential
amendments to the North 40 Specific Plan and provided suggestions to be
forwarded to the General Plan Committee.
7. Commission Matters
None.
ADJOURNMENT
Meeting adjourned at 9:02 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, September 28, 2016
___________________________________________
Mary Badame, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Community Development Director