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