Approval of Draft Minutes of March 11, 2015DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MARCH 11, 2015
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, March
11, 2015, at 7:00 PM.
MEETING CALLED TO ORDER
Vice Chair Badame called the meeting to order at 7:00 pm.
ROLL CALL
Present: Vice Chair Mary Badame, Commissioner Charles Erekson, Commissioner Melanie
Hanssen, Commissioner D. Michael Kane, Commissioner Tom O’Donnell, and
Commissioner Joanne Talesfore
Absent: Chair Kendra Burch
PLEDGE OF ALLEGIANCE
Commissioner Talesfore led the Pledge of Allegiance. The audience was invited to participate.
APPROVAL OF MINUTES OF FEBRUARY 25, 2015
MOTION: Motion by Commissioner O’Donnell to approve the meeting minutes of
February 25, 2015, as amended.
Seconded by Commissioner Kane.
VOTE: Motion passed 6-0.
WRITTEN COMMUNICATIONS
Desk Item for Item 3.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Housing Element Advisory Board
Commissioner Hanssen
- The March 5, 2015 HEAB meeting with Commissioners T alesfore and Erekson:
- Finalized its recommendation for approval of the Draft Housing Element to be forwarded to the
Planning Commission in April and the Town Council in May for approval.
VERBAL COMMUNICATIONS (AUDIENCE)
None.
CONSENT CALENDAR
None.
CONTINUED PUBLIC HEARINGS
1. 15343 Santella Court (Lot 7)
Architecture and Site Application: S-14-072
APN: 527-09-016
Property Owner/Applicant: Davidon Homes
Appellant: David Weissman
Project Planner: Marni Moseley
Appeal of a Development Review Committee decision to approve the construction of a new
single-family residence on property zoned HR-2½:PD.
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Vice Chair Badame opened the public hearing.
Marni Moseley, Associate Planner, presented the staff report.
Commission members asked questions of staff.
David Weissman (Appellant)
- Commented that the DRC decision is inconsistent with the Town’s Hillside Development
Standards for visibility and tree protection. The applicant has now provided a visual analysis, not
available at the DRC meeting, which calculates the visibility of the house from the exact corner of
Los Gatos Boulevard and Blossom Hill Road only and gives no explanation of how the
calculations were done. The primary photo was taken in February, well after the oaks had begun
to leaf out and provide m ore screening, but should have been taken in December when the oaks
were bare. The property owners should respect the constraints associated with hillside
development, as noted in the Hillside Development Standards, and fit the house to the lot, not
vise-versa. A solution would be to reduce the house in size and move part of it to the treeless
gradual slope to the west.
Commission members asked questions of Mr. Weissman.
Jeff Thayer (Applicant)
- Commented that he is VP of Davidon Homes and has brought Steve Abbs and Carl Lagoni, the
architect, to address the Commission.
Carl Lagoni
- Commented that Lot 7 of the Highlands is no different from the other lots in the development that
are also challenging with respect to topography, plants, and visibility. They have crafted a
sensibly placed home that fits on the lot in an appropriate fashion. They have created articulation
and character where the home is visible.
Steve Abbs
- Commented that their application has zero exceptions to the Hillside Guidelines and Standards.
The primary photo was taken from a viewing platform defined in the Hillside Guidelines. The
house is well designed for the site.
Commission members asked questions of Mr. Abbs.
David Weissman (Appellant)
- Commented that all the alternatives presented would fit much better on the lot if their sizes were
reduced. The project is in complete compliance with the Hillside Standards, except for the
visibility issue. Abuse of the existing trees during construction puts them at risk for premature
death. He emphasized the importance of considering potential visibility when calculating the
visibility of proposed homes. Extensive understory grading has been done to the lots without
specific grading permits required by the Hillside Standards.
Commission members asked questions of Mr. Weissman.
Vice 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.
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Planning Commission Minutes March 11 , 2015
MOTION: Motion by Commissioner O’Donnell to find that no further environmental
analysis is required; the project is consistent with PD Ordinance 2147; the project
is consistent with Hillside Development Standards and Guidelines and the
Hillside Specific Plan; the project is consistent with the considerations for
approval of Architecture and Site applications; and to approve Architecture and
Site Application S-14-072 subject to the conditions of approval as noted in Exhibit
4 of the staff report dated March 11, 2015 and Exhibit 12 of the Development
Plan, and to deny the appeal of a DRC decision.
Commissioner Kane requested the motion be amended to add the Town arborist shall make periodic
visits to the site at the direction of the Community Development Director.
The maker of the motion accepted the amendment to the motion.
Seconded by Commissioner Kane.
VOTE: Motion passed 6-0.
Planning Manager Joel Paulson cited the appeal rights.
NEW PUBLIC HEARINGS
2. 681 Blossom Hill Road, Suite 100
Conditional Use Permit Application: U-14-022
APN: 529-65-028
Property Owner: Tom Consungi, CHL Ventures LP
Applicant: Jeff Burrill, Studio 37, LLC
Project Planner: Erin Walters
Requesting approval of a Conditional Use Permit for a high turnover sit down restaurant
(Pizza Studio) on property zoned CH:PD.
Vice Chair Badame opened the public hearing.
Erin Walters, Associate Planner, presented the staff report.
Commission members asked questions of staff.
Jeff Burrill
- Commented that Pizza Studio would fit into and be a benefit to Los Gatos, because they provide
healthy food made with pride. He has been a restauranteur for 20 years and is a local resident.
He has been in contact with the HOA president and addressed all concerns he had.
Commission members asked questions of Mr. Burrill.
Tom Consunji
- Commented that they are very excited to have Pizza Studio come to the development and
complete the retail space. They are prepared to work with the HOA and the neighbors.
Commission members asked questions of Mr. Consunji.
Natalie Ladd
- Commented that she lives adjacent to the site and is a board member on the HOA. She is also a
Commissioner on the Transportation and Parking Commission and has found that employees of
businesses along Los Gatos Boulevard park on Los Gatos Boulevard, where there is ample
parking, and she hopes employees of Pizza Studio will do the same. She believes the concerns
of the HOA have been addressed.
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Planning Commission Minutes March 11 , 2015
Jeff Burrill
- Commented that the opportunity for employees to park on Blossom Hill Road is wonderful, but in
the end they want it to be convenient for patrons to come to their restaurant.
Commission members asked questions of Mr. Burrill.
Vice Chair Badame 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 Talesfore to approve Conditional Use Permit U-14-
022 subject to the conditions of approval as noted in Exhibit 3 of the staf f report
dated March 11, 2015, with the added condition that windows of the
establishment shall remain free of stacked materials. The required findings were
made as noted in Exhibit 2 of the staff report dated March 11, 2015.
Seconded by Commissioner Hanssen.
Commission members discussed the matter.
Commission members asked questions of staff.
VOTE: Motion passed 4-2 with Commissioners O’Donnell and Erekson opposing.
Planning Manager Joel Paulson cited the appeal rights.
3. 240 El Cajon Way
Architecture and Site Application: S-14-036
APN: 424-24-042
Property Owner/Applicant: Dmitry Lebedenko
Project Planner: Jennifer Savage
Requesting approval to demolish an existing single-family residence, construct a new single-
family residence, and exceed the maximum floor area on property zoned R-1:8.
Vice Chair Badame opened the public hearing.
Jennifer Savage, Senior Planner, presented the staff report.
Commission members asked questions of staff.
Dmitry Lebedenko
- Commented that the current design has benefited greatly from the consulting architect’s
feedback. The proposed house maintains the existing character and design of the neighborhood
and is consistent with General Plan recommendations. The height profile matches adjacent
homes. They have collected signatures from neighbors on their street and in the immediate
neighborhood in favor of the project. The house will far exceed the existing General Plan
requirements in terms of the environment and sustainability.
Commission members asked questions of Mr. Lebedenko.
Neil Grenzebach
- Commented that he lives next door to the site and represents himself and Bill Ross, the neighbor
to the rear. The applicant’s lot is two feet higher than his and Mr. Ross’s, so anything built on it is
higher by two feet. The first floor has ten-foot ceilings that could be lowered to decrease the
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Planning Commission Minutes March 11 , 2015
imprint to the skyline. He questioned how the site would drain. There is a giant oak tree whose
roots would likely be cut by digging during construction.
Commission members asked questions of Mr. Grenzebach.
Dmitry Lebedenko
- Commented that they lowered the house by 3.5 feet at the suggestion of the consulting architect
by adjusting the ceiling height between the first and second floors and lowering the roof pitch. If
they changed any of those parameters, then all others have to change, and in most cases the
overall height of house would be taller. According to the arborist about 25% of the oak tree’s root
system would be impacted by construction, which can be mitigated. Drainage is planned with
retaining pits at the front of the property for the water runoff from the roof. There is only a
difference of 1’ between the height of his property and those of Mr. Grenzebach and Mr. Ross.
Vice 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 Commissioner Kane to deny Architect and Site Application S-14-036
due to inability to make findings and because it is in conflict with the Residential
Design Guidelines.
Seconded by Commissioner O’Donnell.
VOTE: Motion passed 6-0.
Planning Manager Joel Paulson cited the appeal rights.
NEW OTHER BUSINESS
4. Report from Community Development Director, Laurel Prevetti
Town Council met 3/3/15; considered the North 40 Specific Plan and set a special
meeting for April 14, 2015 to continue their deliberations.
ADJOURNMENT
Meeting adjourned at 9:43 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, March 11, 2015
___________________________________________
Kendra Burch, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Planning Manager