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Item 01 - Draft Mins 10.26.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 26, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 26, 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 Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Tom O’Donnell Absent: Commissioner Kendra Burch PLEDGE OF ALLEGIANCE Commissioner Erekson led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Items 3 and 5. REQUESTED CONTINUANCES – ITEM 2 MOTION: Motion by Vice Chair Kane to continue the public hearing for Item 2, 401 and 409 Alberto Way, to the meeting of January 11, 2017. Seconded by Commissioner Hudes. VOTE: Motion passed 6-0. SUBCOMMITTEE REPORTS General Plan Committee Commissioner Erekson - GPC will meet 10/27/16 to consider: - Direction from Town Council on potential revisions to the North 40 Specific Plan. Members of the public are welcome to attend. VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR 1. Approval of Minutes – September 28, 2016 MOTION: Motion by Commissioner Erekson to approve adoption of the Consent Calendar. Seconded by Commissioner Hanssen. VOTE: Motion passed 6-0. Page 2 of 6 Planning Commission Minutes October 26, 2016 PUBLIC HEARINGS Chair Badame indicated that she would recuse herself from participating in the public hearing for Item 3, 19 Highland Avenue, due to a perceived conflict of interest with one of the appellants. 3. 19 Highland Avenue Architecture and Site Application S-15-077 APN 529-37-033 Property Owner/Applicant: Ed Pearson Appellants: Badame, Roberts, Smullen, and Spaulding 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 9/28/16. Vice Chair Kane opened the public hearing. Sally Zarnowitz, Planning Manager, presented the staff report. Commission members asked questions of staff. Anthony Badame - Since the June 8th hearing the developer still has multiple violations of the Hillside Development Standards. The applicant has reduced the retaining walls, but there is still an enormous amount; did not perceptually change the bulk, mass, and volume; rejected validating the old CEQA in favor of a flawed addendum; and has rejected the neighbors’ input. Commission members asked questions of Mr. Badame. Dorothea Smullen - Commented that the problem with looking at the FAR exclusively is it does not take into consideration the topography of the lot and the constraints of the creek. Some of the lots don’t have the constraints that 19 Highland has, so the Commission is looking at it in a complete vacuum. Lisa Roberts - Commented that some homes in the neighborhood are not zoned the same as 19 Highland and have no relevance as far as this particular hillside home. The vast majority of those homes were built many years ago under entirely different rules, before the Hillside Design Guidelines. Commission members asked questions of Ms. Smullen and Mr. Badame. Bess Wiersema - Commented that there is quieter, but equally valid, neighbor support for the project. Since the last hearing they have made a nine percent reduction in the overall floor area ratio; reduced the footprint by 21 percent; reduced the lot coverage by 13 percent; increased creek setbacks to the 20 foot minimum; increased the driveway from three feet to 10 feet; snuggled the house into the hillside to further comply with the Hillside Design Guidelines; lowered the footprint of the house to reduce the overall bulk and mass; reduced retaining walls by 68 percent; and reduced tree removal. Chris Hundemer - Commented that all the building foundations are going to be in bedrock; all the foundations are outside of the 20 foot creek setback line. There are portions of the house that are cantilevered within the 20 foot setback line, but they do not touch the ground within that area. The proposed Page 3 of 6 Planning Commission Minutes October 26, 2016 configuration meets the Town’s 20 foot setback, and substantially exceeds the 2:1 slope setback. There are no slope stability concerns within the creek bank area from the house. Commission members asked questions of Ms. Wiersema and Mr. Hundemer, Velimir Sulic, and Richard Gessner. Bart Hectman - Commented that the appellants have never identified even one personal impact on any of them from this house as currently proposed. None of the appellants will see more than a little piece of the roof from their homes. The Town’s ordinances suggest that bulk and mass are not a significant issue for structures that won’t be seen, such as basement square footage, which is hidden and has no effect on bulk and mass. Commission members asked questions of Mr. Hectman. Lisa Roberts - Commented that she sees the proposed house from her property, her upstairs, and her back yard. It is not correct that all the trees but seven would be retained, as the applicant asserts. The tree protection measures are substandard. Anthony Badame - Commented that the applicant’s design modifications lack meaningful changes. The building footprint size is deceptive; the floor area ratio reduction is not substantial; the structure still dominates the site; the overall height, massing, and length have not been reduced; and the creek setback has not been increased. Commission members asked questions of Ms. Roberts Vice Chair Kane 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 Hudes to deny an appeal of a Development Review Committee decision, and to approve Architecture and Site Application S-15-077. The required findings were made in the revised findings as noted in Exhibit 33 of the staff report dated August 24, 2016. The application is in compliance with the addendum to the adopted MND as noted in Exhibit 45 of the staff report dated October 26, 2016, and subject to the revised conditions as noted in Exhibit 26 of the staff report dated August 24, 2016, and to revised development plans as noted in Exhibit 27 of the staff report dated August 24, 2016. Seconded by Commissioner Hanssen. Commission members discussed the matter. VOTE: Motion passed 5-0. Community Development Director Joel Paulson cited the appeal rights. Chair Badame returned to the meeting. Page 4 of 6 Planning Commission Minutes October 26, 2016 4. 210 Highland Terrace Architecture and Site Application S-16-015 APN 529-36-025 Property Owner: Hongqing Shan Applicant: D&Z Design Association Project Planner: Jennifer Armer Requesting approval to demolish an existing single-family residence and construct a new two-story single-family residence greater than 5,000 square feet on property zoned HR-2½. Chair Badame opened the public hearing. Jennifer Armer, Associate Planner, presented the staff report. Commission members asked questions of staff. Michael Davis - Commented that they have redesigned the home twice to address neighbors’ height concerns, and the second story windows do not look over any neighbors. The proposed house is very close to the existing single-story home’s footprint, including the driveway, which helped them keep all the trees on the site in order to provide screening and privacy. Their next-door neighbor is the largest two-story in the area. Commission members asked questions of Mr. Davis. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner O’Donnell to approve Architecture and Site Application S-16-015 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated October 26, 2016, and the development plans in Exhibit 10 of the staff report dated October 26, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated October 26, 2016. Seconded by Commissioner Erekson. Commission members asked questions of staff. VOTE: Motion passed 6-0. Community Development Director Joel Paulson cited the appeal rights. 5. 15565 Camino Del Cerro Subdivision Application M-16-007 Architecture and Site Applications S-16-045 through S-16-047 APN 523-23-094 Property Owner/Applicant: Camino Del Cerro Holding LLC Project Planner: Jocelyn Puga Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots, and construct three new single-family residences on property zoned R-1:8. Chair Badame opened the public hearing. Jocelyn Puga, Associate Planner, presented the staff report. Page 5 of 6 Planning Commission Minutes October 26, 2016 Commission members asked questions of staff. Melissa Leet - Commented that their proposed homes will have a floor area ratio of only 17 percent, significantly below the 40 percent allowed by zoning; are in the 3,100 square-foot range, smaller than the house contiguous to them . They will maintain a large undeveloped corridor in the back of the project, which would keep much of the available open space. They will eliminate the north side driveway, which is unsightly from the street. The proposed homes are distinctive, but also consistent with the Los Gatos architectural aesthetic. Commission members asked questions of Ms. Leet. Douglas McBeth - Commented that they have tried to consider windows facing neighbors and to ensure that windows do not line up with each other, but they felt the 16 feet of distance on the sides between the homes was sufficient. Commission members asked questions of Mr. McBeth. Bill Frangieh - Commented that the applicant made major configuration changes to the siting of the proposed homes to ensure his privacy, and it made for a better design that will add value to the neighborhood. The proposed homes mesh well with the other homes in the area, which are all two-story. Commission members asked questions of Ms. Leet and Mr. McBeth. 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 approve Subdivision Application M-16-007 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated October 26, 2016, and the development plans as noted in Exhibit 9 of the Staff Report dated October 26, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated October 26, 2016. Seconded by Commissioner Erekson. Commission members discussed the matter. VOTE: Motion failed 3-3 with Vice Chair Kane, and Commissioners Hanssen and Hudes opposing. Commission members discussed the matter. Commission members asked questions of staff. MOTION: Motion by Commissioner Hudes to continue the public hearing for 15565 Camino Del Cerro to a date certain with direction to m ake a small reduction in the house size or to provide data that demonstrates that the houses are compatible with the neighborhood; to address the house color for Lot 2; and to address privacy concerns for Lot 2. Seconded by Commissioner Hanssen. Page 6 of 6 Planning Commission Minutes October 26, 2016 The maker of the motion amended the motion to continue the public hearing to a date certain of December 14, 2016. The seconder of the motion accepted the amendment to the motion. Commission members discussed the matter. VOTE: Motion passed 5-1 with Commissioner Erekson opposing. OTHER BUSINESS 6. Report from Community Development Director, Joel Paulson None. 7. Commission Matters None. ADJOURNMENT Meeting adjourned at 10:49 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, October 26, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director