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Item 01 - Approval of Draft Minutes of September 23, 2015DRAFT MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 23, 2015 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, September 23, 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 Melanie Hanssen, Commissioner D. Michael Kane, Commissioner Tom O’Donnell, and Commissioner Joanne Talesfore Absent: Commissioner Charles Erekson. PLEDGE OF ALLEGIANCE Commissioner Talesfore led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Items for Item 2 and Item 5. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS Historic Preservation Committee Matters Commissioner O’Donnell - The 9/23/15 HPC meeting considered four matters: - 140 Foster Road - 14333 Mulberry Drive - 209 Prospect Avenue - 128 Tait Avenue VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR Chair Burch indicated that Item 2, 100 Clinton Avenue, had been pulled from the Consent Calendar. 1. Approval of Minutes – September 9, 2015 3. 151 N. Santa Cruz Avenue, Suite C Conditional Use Permit Application U-15-007 APN 510-17-060 Property Owner: Jim K. Liu Applicant: Wendy Edelstein Project Planner: Marni Moseley Requesting approval for a personal service business (Bare Wax Lounge) on property zoned C-2. MOTION: Motion by Commissioner O’Donnell to approve consent items #1 and #3. Page 2 of 7 Planning Commission Minutes September 23, 2015 Seconded by Commissioner Kane. VOTE: Motion passed 6-0. CONTINUED PUBLIC HEARINGS None. NEW PUBLIC HEARINGS 2. 100 Clifton Avenue Conditional Use Permit Application U-15-010 APN 510-47-025 Property Owner/Applicant: Marc and Caroline Philippe Project Planner: Marni Moseley Requesting approval for a vineyard greater than 3,000 square feet on property zoned HR-5. Chair Burch opened the public hearing. Marni Moseley, Associate Planner, presented the staff report. Commission members asked questions of staff. David Weissman - Commented that he asked this item to be pulled from the Consent Calendar because the Town’s Grading Ordinance is being revised, and the site is steep and fertilizers could wash down into sewer systems. The applicant claims to have been misdirected by staff, but ignorance of the law is no excuse for violating it. Commission members asked questions of Dr. Weissman. Marc Philippe - Commented that they do not intend to produce wine on the property, but because the site is so steep and they are in a high-risk fire hazard area with brush on the hillside they wish to plant grape vines for erosion control and a fire breaking solution. The brush they originally removed from the site is growing back and they intend to keep it, although it will be cut down. Commission members asked questions of Mr. Philippe. Commission members asked questions of staff. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner O’Donnell to approve Conditional Use Permit U-15- 010 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated September 23, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated September 23, 2015. Seconded by Commissioner Talesfore. VOTE: Motion passed 6-0. Planning Manager Joel Paulson cited the appeal rights. Page 3 of 7 Planning Commission Minutes September 23, 2015 NEW PUBLIC HEARINGS 4. 15925 Quail Hill Road Architecture and Site Application S-14-027 APN 527-02-007 Property Owner/Applicant: Kevin Hwang and Sabrina Dong Appellant: Brad Krouskup Project Planner: Marni Moseley Consider an appeal of a decision of the Development Review Committee to approve an Architecture and Site application to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR-1. Chair Burch opened the public hearing. Marni Moseley, Associate Planner, presented the staff report. Commission members asked questions of staff. Brad Krouskup - Commented that staff’s suggestion that he and his wife have been unresponsive is unfounded. There is no easement for construction access as proposed; they are willing to memorialize an easement but they want the process to be sensitive to their needs and for the Hillside Specific Plan to be adhered to. Commission members asked questions of Mr. Krouskup. Michael Vierhus - Commented that there is no portion of this home that the Appellants could see from any point on their property, but they can accommodate the Appellant’s request for front landscape screening. The additional paving is to resolve the turnaround issue, and there is a reasonable hammerhead scenario that would work because of the way they designed the home. Commission members asked questions of Mr. Vierhus. Commission members asked questions of staff. Brad Krouskup - Commented that the overriding consideration is how do they circulate and comply with the Hillside Specific Plan? The proposed project does not comply with the Hillside Specific Plan with respect to proof of access, parking, and other considerations. Commission members asked questions of staff. Commission members asked questions of Mr. Krouskup. 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 deny the appeal of a decision of the Development Review Committee approving the application, subject to the conditions of approval as noted in Exhibit 3 of the staff report dated September 23, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated September 23, 2015. Page 4 of 7 Planning Commission Minutes September 23, 2015 Seconded by Commissioner Hanssen. VOTE: Motion passed 6-0. Planning Manager Joel Paulson cited the appeal rights. 5. 218 Forrester Road Architecture and Site Application S-15-061 APN 537-29-004 Property Owner: Chad Dyer Applicant: Elizabeth Wiersema Project Planner: Jocelyn Puga Requesting approval to modify an Architecture and Site application to exceed the maximum floor area and the maximum building height, a technical demolition of an existing single-family residence, and construction of a new 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. Elizabeth Wiersema - Commented that the project qualified as a technical demolition, but no walls or structural members were removed. The applicants needed to reduce the budget by 25 percent and eliminated such details as cast stone detail, hipped roofs, barrel vaults, and barrel windows. The cellar, which has never been included in the square footage of the project, was removed. The demolition stayed the same, with the exception of sheetrock, and the proposed upper and lower floor plan demolition stayed the same with the exception of structural work on the inside. The site plan remains the same. Commission members asked questions of Ms. Wiersema. 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. Chair Burch reopened the public input portion of the hearing. Commission members asked questions of Ms. Wiersema. Chair Burch 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-15-061 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated September 23, 2015, with the additional Conditions of Approval that the proposed FAR and square footage shall be reduced to meet the FAR requirements, and the building colors shall be submitted to staff for review and approval. The required findings were made as noted in Exhibit 2 of the staff report dated September 23, 2015. Page 5 of 7 Planning Commission Minutes September 23, 2015 Seconded by Chair Burch. Commission members discussed the matter. Vice Chair Badame requested the motion be amended to include a Condition of Approval that the applicant shall provide to staff letters of support from neighbors. The maker of the motion accepted the amendment to the motion. The seconder of the motion accepted the amendment to the motion. VOTE: Motion passed 6-0. Planning Manager Joel Paulson cited the appeal rights. 7. Solar Ordinance Applicant: Town of Los Gatos Project Planner: Robert Schultz Consider amending Chapter 29 of the Town Code to provide an expedited, streamlined permitting process for small residential rooftop solar systems as required by Assembly Bill 2188 (Chapter 521, Statues 2014). Chair Burch opened the public hearing. Robert Schultz, Town Attorney, presented the staff report. Commission members asked questions of staff. Angelia Doerner - Commented that the ordinance seems to relate to all small residences, except for historical residences. A definition of “Certificate of Historical Appropriateness” should be added to the ordinance. The applicability of the Solar Ordinance should be adequately vetted before it goes to Council. The Town needs specific guidelines that homeowners and staff can use to deal with such issues as competing values, and economical and environmental improvements versus possible sacrifice of historical integrity. 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 make the required finding that the Town Code Chapter 29 amendments are consistent with the General Plan and to forward a recommendation to the Town Council for adoption of the amendments, with the removal of unnecessary definitions and consider appropriate historic preservation language if legally acceptable by the Town Attorney. Seconded by Commissioner Talesfore. VOTE: Motion passed 6-0. 6. Hillside Development Standards and Guidelines Applicant: Town of Los Gatos Project Planner: Joel Paulson Page 6 of 7 Planning Commission Minutes September 23, 2015 Consider amendments to the Hillside Development Standards and Guidelines regarding visibility analysis and exterior colors. Chair Burch opened the public hearing. Joel Paulson, Planning Manager, presented the staff report. Commission members asked questions of staff. Steve Abbs - Commented that the Hillside Development Standards and Guidelines are tough, but fair and workable; it is important that any amendments keep that balance of fairness. Dr. Weissman’s proposals are unfair with respect to property rights. Davidon Homes would be interested in providing insight into the visibility issue in a study session, and the Town Arborist should be included. Jeff Thayer - Commented that Davidon Homes would welcome a study session on Hillside Development Standards and Guidelines amendments. Commission members asked questions of staff. Dr. Weissman - Commented that if the Commission finds merit in any of the eight categories he discussed in his letter that staff should work with him on specific language to codify them, as he and staff did with the revised Tree Protection Ordinance. This ordinance should come back to the Planning Commission before going to the Town Council. Michael Keaney - Commented that SummerHill Homes supports the proposed amendments in Chapter 5 to allow LRV averaging for non-visible homes, and while it may take some time to address the view analysis issue, he hopes there will be opportunity to move forward on the LRV averaging issue. 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 Chair Burch to continue the public hearing regarding the Hillside Development Standards and Guidelines to a study session on October 21, 2015 at 4 pm. Seconded by Commissioner O’Donnell. VOTE: Motion passed 6-0. NEW OTHER BUSINESS 8. Report from Community Development Director, Laurel Prevetti • Town Council met 9/15/15; appointed an ad hoc citizen committee to consider possible ballot measures to increase revenue and have a dedicated revenue source for capital improvements; the Town is accepting applications for three resident committee positions. The Town is also recruiting for general board and commission positions. Page 7 of 7 Planning Commission Minutes September 23, 2015 ADJOURNMENT Meeting adjourned at 10:22 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, September 23, 2015 ___________________________________________ Kendra Burch, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Planning Manager