Item 01 - Approval of Draft Minutes August 26, 2015DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
AUGUST 26, 2015
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday,
August 26, 2015, at 7:00 p.m .
MEETING CALLED TO ORDER
Chair Burch called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chair Kendra Burch, Vice Chair Mary Badame, Commissioner Charles Erekson,
Commissioner D. Michael Kane, Commissioner Tom O’Donnell, and Commissioner
Joanne Talesfore
Absent: Commissioner Melanie Hanssen
PLEDGE OF ALLEGIANCE
Commissioner Erekson led the Pledge of Allegiance. The audience was invited to participate.
WRITTEN COMMUNICATIONS
None.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Historic Preservation Committee Matters
Commissioner Kane reported that he and Commissioner O’Donnell attended three HPC meetings since
the last Planning Commission meeting:
- The 7/22/15 HPC meeting considered four matters:
- 14316 Mulberry Drive
- 140 Foster Road
- 194 Villa Avenue
- Historic Demolition Penalties
- The 8/19/15 HPC meeting considered four matters:
- 140 Foster Road
- 45 Broadway
- 21 Oak Hill Way
- 222 Bella Vista Avenue
- The 8/26/15 HPC meeting considered four matters:
- 15360 Francis Oaks Way
- 311 W. Main Street
- 112 Los Gatos Boulevard
- Historic Demolition Penalties
VERBAL COMMUNICATIONS (AUDIENCE)
None.
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Planning Commission Minutes August 26, 2015
APPROVAL OF MINUTES OF AUGUST 12, 2015
MOTION: Motion by Commissioner Talesfore to approve the meeting minutes of August
12, 2015.
Seconded by Commissioner Badame.
VOTE: Motion passed 6-0.
CONSENT CALENDAR
None.
CONTINUED PUBLIC HEARINGS
None.
NEW PUBLIC HEARINGS
4. 15371 Santella Court - Lot 8 (taken out of order)
Architecture and Site Application S-15-001
APN 529-09-017
Applicant/Property Owner: Davidon Homes
Contact Person: Steve Abbs
Appellant: David Weissman
Project Planner: Jocelyn Puga
Consider an appeal of a decision of the Development Review Committee to approve an
Architecture and Site Application to construct a new single-family residence and remove large
protected trees on property zoned HR-2½:PD.
Chair Burch opened the public hearing.
Jocelyn Puga, Assistant Planner, presented the staff report.
Commission members asked questions of staff.
Dave Weissman
- Commented that there are six areas that need to be addressed for the three Highlands
applications: 1) How should visibility be calculated? 2) When are alternative viewing platforms
appropriate? 3) What constitutes a healthy tree? 4) What constitutes harm to a tree? 5) When
should a deciduous tree be assessed for visibility? 6) Should these important visibility calculations
be peer reviewed?
Commission members asked questions of Dr. Weissman.
Steve Abbs
- Commented that the height requirement makes it challenging to comply with the Hillside
Development Standards and Guidelines. They have complied fully with the arborist’s report in
preserving existing trees. The visual analysis is to be viewed with the naked eye standing on the
viewing platform, not seen 50 feet away from a drone. There are no deciduous trees on Lot 8
providing any screening.
Commission members asked questions of Mr. Abbs.
Dennis Razzari
- Commented that the Hillside Development Standards and Guidelines do not require a nighttime
visibility analysis to be done. They do not have control of what homeowners do with curtains or
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Planning Commission Minutes August 26, 2015
blinds in their home. With the visibility of the home on Lot 8 being below the canopy, the windows
will be screened.
Sandy Decker
- Commented that she agrees with Dr. Weissman’s assessment that the Hillside Development
Standards and Guidelines need revision and strengthening due to the many ways they can be
interpreted. She reminded the Planning Commission that the vision for the Hillside Development
Standards and Guidelines, and the quest of the Commission, is that this natural asset be
preserved.
John Bourgeois
- Commented that he heard the original subdivision application when he was a Planning
Commissioner and reiterated his comments from that evening: The Hillside Development
Standards and Guidelines were made for this type of special and beautiful parcel. Not all lots on
the parcel are created equal, and consequently a house of a certain size on one lot cannot be
guaranteed on its neighboring lot. If the Commission is uncomfortable with the visibility of the
three Highlands lots, it is fair to question or even postpone the application.
Commission members asked questions of Mr. Bourgeois.
Lee Quintana
- Commented that she chaired the committee that developed the Hillside Development Standards
and Guidelines and even then was concerned with: The visual analysis and it’s 25%
methodology; the allowable maximum development and intensity is flawed for hillsides; the many
exceptions that could be allowed; goals of the document as a whole or how it relates to the
General Plan’s policies and goals.
Steve Abbs
- Commented that they have worked with staff for over a year on this project under the Town’s
current policies. They have complied with everything except for a few unavoidable exceptions.
They have defended their project approvals at great expense. The suggestions made by Dr.
Weissman are not feasible. They need to design to the current Town policies, and that is what
they have done.
Commission members asked questions of Mr. Abbs.
Dennis Razzari
- Commented that if they take 25% of the average of the rest of the homes in this development, it
would be basically the same size home as what is proposed, well within the size and scale of the
community. This house is at 2% visibility from the Town viewing platform, as required by the
Hillside Ordinance. It is driven by a 30-foot setback on a steep slope; it steps down the hill, and is
not highly visible from the end of the cul de sac in comparison to some of the other homes. A
smaller house could be designed, but would it be smaller than 2%?
Dave Weissman
- Commented that although the story pole netting of Lot 7 is not very visible from Los Gatos
Boulevard, the mass and bulk of the house next door on Lot 6 is readily viewable from that same
spot with the naked eye. Davidon asks for fairness, but they are now required to pay for
mandatory monthly consulting arborist reports because of continued code violation and bad
horticultural practices on the Highlands. In July 2015 Davidon graded Lots 7, 8, 9, and 10 without
permits.
Commission members asked questions of Dr. Weissman.
Chair Burch closed the public input portion of the hearing and returned to the Commission for
deliberation.
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Planning Commission Minutes August 26, 2015
Commission members asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Commissioner Talesfore to continue the public hearing for the
appeal for Architecture and Site Application S-15-001, 15371 Santella Court (Lot
8), to a date certain with direction to staff and the applicant for desired revisions
and to return to the Planning Commission due the Commission’s inability to make
the required findings that the project is consistent with the Hillside Development
Standards and Guidelines, the Hillside Specific Plan, or Planned Development
Ordinance 2237. The direction included: modify or reconfigure the home to
conform to the site; step the cellar; reduce massing; reduce house ridgeline; and
improve compliance with Hillside Development Standards and Guidelines.
Seconded by Commissioner Badame.
Commission members discussed the matter.
VOTE: Motion passed 4-2 with Commissioners Erekson and O’Donnell opposing.
Chair Burch reopened the public input portion of the hearing.
The Commission asked questions of the Mr. Abbs.
Chair Burch indicated that the application would return to the Planning Commission on October
28, 2015.
1. 15600 and 15659 Los Gatos Boulevard
Planned Development Application PD-11-005
Negative Declaration ND-11-007
APNs 424-14-028 and 036
Property Owner: Longs Drug Stores California, LLC
Applicant: Boos Development West
Project Planner: Jennifer Savage
Requesting approval to change the zone from CH to CH:PD to demolish existing commercial
buildings (18,052 square feet), to construct new commercial buildings (28,763 square feet),
and to operate a super drugstore (CVS) with a drive-through service window. No significant
environmental impacts have been identified as a result of this project and a Mitigated
Negative Declaration is recommended.
Chair Burch opened the public hearing.
Jennifer Savage, Senior Planner, presented the staff report.
Commission members asked questions of staff.
Michael Mallard
- Commented that they have listened to the Commission and the public regarding architecture,
lighting, and traffic and have come up with a good compromise. They reached out to neighbors
within 1,000 feet to include many more neighbors in the design concept.
Commission members asked questions of Mr. Mallard.
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Planning Commission Minutes August 26, 2015
Stephen Labonge
- Commented that there are always pharmacists and techs in the pharmacy who are alerted when
a customer comes to the drive-through window. The drive-through window is typically for
customers who have called in their prescription and are simply picking it up.
Commission members asked questions of Mr. Labonge.
John Moore
- Commented that his business is next to the subject property and he has been hoping for many
years that a viable business will move in next door, not an empty car lot that is dark at night.
However, he is concerned about the location of the secondary building, that it is too tall.
Commission members asked questions of Mr. Moore.
LeeAnn Daily
- Commented that she lives one block from the proposed project. At a previous meeting she raised
her concern regarding traffic on Cherry Blossom Lane, and studies of that traffic have still not
been done or addressed in any revisions. This project proposes a daily increase of 2,000
additional cars and she anticipates a great many of them will come down Cherry Blossom Lane.
Commission members asked questions of Ms. Daily.
Vicki Cramer
- Commented that she is concerned with the removal of five oak trees, one of which is 80 years
old. The trees back up to her property and filter sunlight, as they will for the future parking lot
lights. She asked the developer to build around the trees and try to save them. She is also
concerned that the employees of CVS will park on her street.
Commission members asked questions of Ms. Cramer.
Joseph Gemignani
- Commented that he was impressed with the revised design over the initial design, but he does
not like the darker roof. He said he would support the project, but he would prefer the lighter
colors of the previous design that he feels reflect the Los Gatos Boulevard colors better.
Julie Mercik
- Commented that the Commission has the opportunity to create the best CVS out there with
architectural uniqueness, however, she did not support a drive-through window. The traffic on Los
Gatos-Almaden and the turn lane is a huge problem. She did not support a parking exception.
Commission members asked questions of Ms. Mercik.
Michael Mallard
- Commented that in order to mitigate traffic CVS is installing a bus bay along Los Gatos
Boulevard, adding an additional turn lane, signal modifications, and paying into the regional traffic
fund. With respect to the drive-through, it is a different type than found at fast food restaurants.
They feel that the traffic on Cherry Blossom Lane is outside their scope of work and the problems
there need to be addressed by the Town with traffic calming devices.
Commission members asked questions of Mr. Mallard.
Tony Silva
- Commented that the heights are due to a ceiling height in retail of 12 feet to keep from feeling
congested; then 2.5 feet for mechanical, electrical, and fire equipment; then about 2 feet of roof
structure, then mechanical units on the roof, about 5.5 feet; then a little bit more for articulation,
coming to about 24 feet from existing grade. There is also a 3-foot grade difference between their
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Planning Commission Minutes August 26, 2015
property and the neighboring property, so the perceived height of the building is actually 3 feet
taller, something they cannot control.
Commission members asked questions of Mr. Silva.
Commission members discussed whether there was a motion to continue the meeting past 11:30 p.m.
Commission members asked questions of staff.
MOTION: Motion by Chair Burch to continue the public hearing for Item 1, 15600 and
15650 Los Gatos Boulevard; Item 2, 15343 Santella Court (Lot 7); and Item 3,
15358 Santella Court (Lot 10), to the meeting of September 9, 2015.
Seconded by Commissioner Talesfore.
VOTE: Motion passed 6-0.
NEW OTHER BUSINESS
1. Report from Community Development Director, Laurel Prevetti
• None.
ADJOURNMENT
Meeting adjourned at 11:30 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, August 26, 2015
___________________________________________
Kendra Burch, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Planning Manager