Loading...
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