Approval of Draft Minutes of January 14, 2015DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
JANUARY 14, 2015
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday,
January 14, 2015, at 7:00 PM.
MEETING CALLED TO ORDER
Vice Chair Burch called the meeting to order at 7:00 pm.
ROLL CALL
Present: Vice Chair Kendra Burch, Commissioner Mary Badame, Commissioner Charles Ereks on,
Commissioner Melanie Hanssen, Commissioner D. Michael Kane, Commissioner Tom
O’Donnell, and Commissioner Joanne Talesfore
Absent: None.
PLEDGE OF ALLEGIANCE
Commissioner Erekson led the Pledge of Allegiance. The audience was invited to participate.
APPROVAL OF MINUTES OF DECEMBER 10, 2014
MOTION: Motion by Commissioner Talesfore to approve the meeting minutes of
December 10, 2014.
Seconded by Commissioner Badame.
VOTE: Motion passed 6-0 with Commissioner Hanssen abstaining.
WRITTEN COMMUNICATIONS
None.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Historic Preservation Committee Matters
Commissioner Badame
- The 1/14/15 HPC meeting considered three matters:
- 78 West Main Street
- 16 Clifton Avenue
- 122 Wilder Avenue
VERBAL COMMUNICATIONS (AUDIENCE)
None.
CONSENT CALENDAR
1. 423 North Santa Cruz Avenue
Conditional Use Permit Application: U-14-021
APN: 410-16-011
Property Owner: Louis Cherin Family Limited Partnership
Applicant: Walgreen Co.
Project Planner: Marni Moseley
Requesting approval to modify an existing Conditional Use Permit to include off -site sales of
beer, wine, and liquor (Walgreens) on property zoned C-1.
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Planning Commission Minutes January 14, 2015
Commissioner Talesfore requested Item #1 be pulled from the Consent Calendar and added to
Public Hearings.
CONTINUED PUBLIC HEARINGS
None.
NEW PUBLIC HEARINGS
1. 423 North Santa Cruz Avenue
Conditional Use Permit Application: U-14-021
APN: 410-16-011
Property Owner: Louis Cherin Family Limited Partnership
Applicant: Walgreen Co.
Project Planner: Marni Moseley
Requesting approval to modify an existing Conditional Use Permit to include off -site sales of
beer, wine, and liquor (Walgreens) on property zoned C-1.
Vice Chair Burch opened the public hearing.
Marni Moseley, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Dan Krammer
- Commented that with respect to the definition of a “single serving,” alcohol will be sold in a
manufacturer delivered package, such as a six -pack or twelve-pack. Each bottle or can is
considered a single serving and cannot be sold individually. He said Walgreens has no intention
of serving small “airplane” bottles or anything less than 200 milliliters for hard alcohol. There will
also be no change in the amount of space designated to beer, wine, and alcohol.
Commission members asked questions of Mr. Krammer.
Mike Haws
- Commented that he is the manager of the Walgreens in question. With respect to the amount of
space allocated to beer and wine, they were approved for 30 feet but they reduced that amount to
21 feet on the warm shelf and 4 feet in the cooler. They would not expand that amount; they
would reduce the amount of beer they carry and add spirits.
Commission members asked questions of Mr. Haws.
Commission members asked questions of Mr. Krammer.
Vice Chair Burch 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 approve Conditional Use Permit U-14-
021 subject to the conditions of approval as noted in Exhibit 3 of the staff report
dated January 14, 2015. The required findings were made as noted in Exhibit 2
of the staff report dated January 14, 2015.
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Planning Commission Minutes January 14, 2015
Commissioner Erekson requested that the motion be amended to change condition number 6 to
say, “Shelf space for alcohol shall be limited to 30 feet, inclusive of all promotional shelv ing, and
no more than one cooler for beer and wine.
Commissioner O’Donnell accepted the amendment to the motion.
Seconded by Commissioner Erekson.
Commissioner Talesfore requested that the motion be amended to include Condition of Approval
#7 from the current CUP.
Commissioner O’Donnell did not accept the amendment to the motion.
Commission members discussed the matter.
Commissioner O’Donnell accepted an amendment to the motion to restrict single serving sales.
Commissioner Erekson accepted the amendment to the motion.
VOTE: Motion passed 7-0.
Planning Manager Joel Paulson cited the appeal rights.
2. 15991 Los Gatos Boulevard
Conditional Use Permit Application: U-14-018
APN: 529-65-028
Property Owner: CHL Ventures LP
Applicant: Hannah Walbridge/Super Duper Burgers
Project Planner: Erin Walters
Requesting approval of a Conditional Use Permit for a high turnover, sit down restaurant
(Super Duper Burgers) with outdoor seating and beer and wine service with meals on
property zoned CH:PD.
Vice Chair Burch opened the public hearing.
Erin Walters, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Hannah Walbridge
- Commented that she handles development for the Super Duper restaurant, a local company out
of San Francisco. Their restaurant believes in slow food values with everything fresh, local and
sustainable with much of the food being prepared inhouse. They are a family-friendly restaurant
with a simple menu. They use reclaimed and recyled materials in their restaurants a nd
commission local artists for artwork. Their packaging is 100% compostable, and they recycle their
cooking oil.
Commission members asked questions of Ms. Walbridge.
Tom Consunji
- Commented that he represents CHL Ventures, the property owner. They strongly support Super
Duper Burgers’s application and believe they would be a very good addition to the establishments
that will be at Sandy Lane commercial center.
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Planning Commission Minutes January 14, 2015
David Yu
- Commented that he represents Montecito HOA as a board member. The CUP mentions seven
shared parking spaces with businesses on the residential lot, however, Mr. Paulson confirmed to
him last September that the statement is incorrect and there is no requirement for the shared
parking. He asks that the statement be removed from the CUP and all future CUPs for
businesses coming into Sandy Lane.
Commission members asked questions of staff.
Natalie Ladd
- Commented that she is a board member of the Montecito HOA. They are excited to have Super
Duper Burgers there, but they are concerned about noise and traffic. The property management
company for that space also owns the area across the street and have parking lot cleaning done
at 3:30 a.m. She asks that when CUPs for that area arise that the residents of Montecito are
taken into consideration as to when garbage is taken out, bottles dumped, etc.
Hannah Walbridge
- Commented that their packaging is compostable, and their beer and wine is on tap, so they don’t
have bottles and cans or recycling; it is all compostable paper materials and a little food waste,
and that reduces noise. They have schedules for taking out the trash after the lunch and dinner
rush, and they can schedule that to accommodate homeowners.
Commission members asked questions of Ms. Walbridge.
Vice Chair Burch closed the public input portion of the hearing and returned to the Commission
for deliberation.
Commission members asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Commissioner O’Donnell to approve Conditional Use Permit U-14-
018 subject to the conditions of approval as noted in Exhibit 3 of the staff report
dated January 14, 2015; with further conditions that seating be reduced by four
seats, there will be no outside music or other outside mechanically produced
sound, and all exterior maintenance by the applicant shall not occur from 10:00
p.m. to 8:00 a.m. The required findings were made as noted in Exhibit 2 of the
staff report dated January 14, 2015.
Commission members discussed the matter.
Commissioner O’Donnell amended the motion to require that seating be reduced by seven.
Seconded by Commissioner Erekson.
Commission members asked questions of staff.
Commission members discussed the matter.
Vice Chair Burch reopened the public input portion of the hearing.
The Commission asked questions of Ms. Walbridge.
Vice Chair Burch closed the public input portion of the hearing and returned to the Commission
for deliberation.
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Planning Commission Minutes January 14, 2015
Commissioner O’Donnell amended the motion to reduce the reduction in parking to four.
Commissioner Erekson accepted the amendment to the motion.
Commission members discussed the matter.
VOTE: Motion passed 6-1, Commissioner Kane opposed.
3. 131 College Avenue
Tree Removal Application: T-14-129
APN: 529-31-093
Property Owner/Applicant/Appellant: Earl and Carol Thompson
Project Planner: Marni Moseley
Appeal of a decision to deny a Tree Removal Permit on property zoned R -1:8.
Vice Chair Burch opened the public hearing.
Marni Moseley, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Michael Jones
- Commented that he represents the Thompsons. The staff report is accurate as to what needs to
be done with the tree that impacts the Thompsons. He asked the Commission to go along with
staff’s recommendation to grant the appeal and grant the Tree Removal Permit.
Commission members asked questions of Mr. Jones.
Vice Chair Burch closed the public input portion of the hearing and returned to the Commission
for deliberation.
MOTION: Motion by Commissioner Kane to grant the appeal and approve a Tree
Removal Permit subject to the required canopy replacment.
Seconded by Commissioner Talesfore.
VOTE: Motion passed 7-0.
Planning Manager Joel Paulson cited the appeal rights.
NEW OTHER BUSINESS
4. Election of Planning Commission Chair and Vice Chair
MOTION: Motion by Commissioner Erekson to nominate Vice Chair Burch for
Planning Commission Chair.
Seconded by Commissioner Kane.
VOTE: Motion passed 7-0.
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Planning Commission Minutes January 14, 2015
MOTION: Motion by Chair Burch to nominate Commissioner Badame for Vice Chair.
Seconded by Commissioner O’Donnell.
VOTE: Motion passed 7-0.
5. Report from Community Development Director, Laurel Prevetti
Town Council met January 13, 2015; heard testimony regarding the Hillbrook
School appeal, concluded the public portion of the hearing and continued the
matter to February 17, 2015.
ADJOURNMENT
Meeting adjourned at 9:20 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, January 14, 2015
___________________________________________
Kendra Burch, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Planning Manager