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Item 01 - Draft Mins 09.09.15DRAFT MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 9, 2015 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, September 9, 2015, at 7:00 pm. MEETING CALLED TO ORDER Chair Burch called the meeting to order at 7:00 pm. ROLL CALL Present: Chair Kendra Burch, Vice Chair Mary Badame, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner D. Michael Kane, Commissioner Tom O’Donnell, and Commissioner Joanne Talesfore Absent: None. PLEDGE OF ALLEGIANCE Commissioner Hanssen led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Items for Items 4, 5, and 6. REQUESTED CONTINUANCES – ITEMS 4 and 5 MOTION: Motion by Commissioner Erekson to continue the public hearings for Item 4, 15343 Santella Court (Lot 7), and Item 5, 15358 Santella Court (Lot 10), to October 28, 2015. Seconded by Commissioner Talesfore. VOTE: Motion passed 7-0. SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee Commissioner O’Donnell - The 9/9/15 CDAC meeting considered one matter: - 400 and 420 Blossom Hill Road. VERBAL COMMUNICATIONS (AUDIENCE) Angelia Doerner - Commented that she resides in the Almond Grove and reviewed her efforts to have the streets in her neighborhood paved. She has worked with Public Works to discuss alternate funding sources. She does not think pavement overlay is a feasible alternative. Dr. David Weissman - Commented that none of the following items are effectively addressed in the proposed new visibility calculations for 15343 Santella Court (Lot 7): health of trees, damage to trees during construction, how to handle deciduous trees, etc., although staff assured Town Council these items would be addressed. He urged the Planning Commission to give staff direction as to what the Commission would like to see addressed before the draft is submitted to them in two weeks. He also commented on activities that he has observed at the Highlands development site. Commission members asked questions of Dr. Weissman. Page 2 of 6 Planning Commission Minutes September 9, 2015 Lee Quintana - Commented that regarding continued Items 4 and 5, there are many methods to determine the visibility. She asked the Planning Commission to consider whether 25% visibility is consistent with the original intent of the Guidelines. Commission members asked questions of staff. Steve Abbs - Commented that Davidon Homes has not done illegal grading, as was asserted by Dr. Weissman. They have cleared vegetation as part of a fire abatement program put together by a fire consultant. The Hillside Development Standards and Guidelines and the Town Code are clear that fire abatement is important to the hillsides. CONSENT CALENDAR 1. Approval of Minutes – August 26, 2015 MOTION: Motion by Commissioner Badame to approve the meeting minutes of August 26, 2015. Seconded by Commissioner Kane. VOTE: Motion passed 7-0. CONTINUED PUBLIC HEARINGS 2. 16350 Blackberry Hill Road Architecture and Site Application S-14-067 APN 532-26-085 Property Owner: Lily Sarafan and Amir Ghorbani Applicant: Malika Junaid Project Planner: Jocelyn Puga Requesting approval to exceed the maximum floor area and the maximum building height for an addition to a single-family residence on property zoned HR-2½. Chair Burch opened the public hearing. Jocelyn Puga, Assistant Planner, presented the staff report. Commission members asked questions of staff. Malika Junaid - Commented that since the last hearing they looked at several options, but did not pursue them because they were not feasible. In the end they took the Commission’s suggestion and focused on the massive garage, a portion of which they will now make open on three sides to make a carport. This approach results in the project no longer exceeding the maximum floor area. The neighbors are supportive of this. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. Page 3 of 6 Planning Commission Minutes September 9, 2015 MOTION: Motion by Commissioner Hanssen to approve Architecture and Site Application S-14-067 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated September 9, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated September 9, 2015. Seconded by Commissioner Badame. VOTE: Motion passed 7-0. Planning Manager Joel Paulson cited the appeal rights. 3. 15600 and 15650 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 explained that the Planning Commission would continue its questions of the applicant as the Commission completed public testimony at the August 26, 2015 meeting. Commission members asked questions of Michael Mallard, Stephen LaBonge and Anthony Silva. Commission members discussed the matter. Commission members asked questions of staff. Chair Burch 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 O’Donnell to recommend denial of Planned Development Application PD-11-005 to the Town Council. Seconded by Commissioner Talesfore. Commissioner O’Donnell cited specific reasons for the recommendation. Chair Burch requested that the motion be amended to include that the architecture and site approval shall come back to the Planning Commission, not the DRC, and if the Town Council looks at a lot line adjustment, then approval shall also return to the Planning Commission, not the DRC. The maker of the motion accepted the amendments to the motion. The seconder of the motion accepted the amendments to the motion. Page 4 of 6 Planning Commission Minutes September 9, 2015 Commission members discussed the matter. VOTE: Motion passed 6-1 with Commissioner Hanssen opposing. NEW PUBLIC HEARINGS 6. Twin Oaks Drive Planned Development PD-10-006 Draft Environmental Impact Report 12-001 General Plan Amendment GP-12-001 Assessor Parcel Number 532-16-006 Property Owner/Applicant: Tom Dodge/Surrey Farm Estates, LLC Project Planner: Marni Moseley Accepting public comment on the Draft Environmental Impact Report (DEIR) for Twin Oaks Drive Residential Planned Development. The area comprises a 17-acre site bounded by Twin Oaks Drive, Cerro Vista Court, and Brooke Acres Drive. Primary access to the site is from Twin Oaks Drive. Surrounding land uses are residential uses on properties zoned R-1:10, R- 1:12, HR-1, and HR-2½. Written comments will be accepted at this meeting. Chair Burch opened the public hearing. George Montanari - Commented that the DEIR devoted most of its space to one way of doing the project and only a few pages on the other alternatives. It did not address such alternatives as no development at all, keeping the two lots the way they are, or having different access. The document also did not address the impacts to the neighborhood over ten years of construction. Marjorie Cahn - Commented that she agreed with Mr. Montanari. She is concerned about the noise of construction, the dust, safety of the children in the neighborhood, stop signs, as well as concern for the wildlife that now inhabit the development site. Bob Steinbock - Commented that he also agreed with Mr. Montanari that a number of issues were not addressed in the DEIR, such as traffic and noise, but the most significant element throughout was “Not significant with mitigation.” He believes all these issues: environmental, infrastructure, noise, traffic, schools, and open space, are significant regardless of mitigation or not. These issues are not simple and insignificant, and cannot be handled with mitigation of any kind. Craig Fordyce - Commented that he agreed with the comments given so far. He does not believe there will be no significant impacts to the aesthetics, the drainage, species onsite, traffic, noise, water retention, light, and glare. When he bought his home he was told by Planning that this site would never be developed in his lifetime. He believes this site was not meant to be developed for housing. Jill Fordyce - Commented that they asked for a continuance of the hearing because of receiving a 717-page document with little time to read it. The impacts to her neighborhood are dramatic and the mitigation efforts are more harmful than helpful. She and her neighbors will be affected by inadequate drainage, noise, traffic, and loss of open space. Mark Johnson - Commented that he agreed with Mr. Fordyce. He asked the Commission to delay the process until he and his neighbors have adequate time to read the 717-page DEIR. Page 5 of 6 Planning Commission Minutes September 9, 2015 Patricia Markman - Commented that she has lived in her home for 29 years and is one house away from the development. She does not support the development, because it would take away the open space that the Town wants. Traffic from this development would come down to streets ranked as level of service C. The abundant wildlife near her home will be displaced and driven higher up the hillside. The proposed site is a high fire zone, and drainage is also a big problem. Steve Markman - Commented that he agreed with the previous speakers. He found the DEIR less than credible with its assertions of no impacts. There is no way there can be no impacts on noise, children, traffic, and safety. He disputes the DEIR’s assertion that there are no earthquake faults anywhere on the hillside, citing evidence from a 1989 earthquake. John Witkin - Commented that they love the hillside and open space, as does the entire neighborhood. He distributed a position paper to the Commission. Cindy Shanker - Commented that the DEIR does not address the impact to her neighborhood. The document was difficult to maneuver through. It is hard to believe that the issues were thoroughly evaluated when every item in the document is marked as less than significant and she called those assumptions into question. Dave Greenfield - Commented on the unanimity of response and information heard from neighbors reflecting what will change for them, such as solitude, peace and quiet, traffic, and all of it not being mitigated properly. Every neighbor is concerned that things will change dramatically for the worse. The traffic impact is significant, with no mitigation mentioned at all. Angela Pappanastos - Commented that she agreed with her fellow speakers. She and her neighbors will be terribly impacted by the coming traffic and she hopes for a mutually satisfactory solution. Lee Quintana - Commented that she echoed the sentiment that this is a very difficult EIR to get through and ten days is not long enough. This meeting should have been held later in the process. The DEIR should show worse case scenarios, not just the best case. The EIR does not adequately address the impacts in terms of cut and fill. Thought should be given to eliminating the possibility of having a lot with driveway grades of more then 15%, such as Lot 7 with 20%. Shannon Susick - Commented that the Town is at a point where there is not much open space left. The General Plan says to “maintain and expand existing parks and open space.” She has not seen expansion of existing parks and open space in Los Gatos since she moved there. Instead she has seen development especially in the hillsides. Mark Weiner - Commented that he was on the General Plan Committee for eight years. He read the EIR and questioned the authenticity. There were no significant concerns anywhere and he does not believe there is minimal or no impact at all. Roger Maltbie - Commented that he has lived on Longmeadow since 1987 and bought his home because of the quiet neighborhood, but the Town has changed and they now experience traffic congestion. This development would further impact the area, which already feels significant traffic impacts from Page 6 of 6 Planning Commission Minutes September 9, 2015 Hillbrook School. His major concern is they will lose the lifestyle they have paid a great deal to have. Chair Burch closed the public input portion of the hearing. NEW OTHER BUSINESS 7. Report from Community Development Director, Laurel Prevetti • Town Council met 9/1/15; discussed specialty retail, formula retail, and outdoor seating and continued the discussion until October 6, 2015. 8. Commission Matters • None. ADJOURNMENT Meeting adjourned at 10:03 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, September 9, 2015 ___________________________________________ Kendra Burch, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Planning Manager