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Item 01 - Approval of Draft Minutes of October 14, 2015DRAFT MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 14, 2015 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 14, 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 Vice Chair Badame led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Items 2, 3, and 4 REQUESTED CONTINUANCES – ITEM #5 MOTION: Motion by Commissioner Erekson to continue the public hearing for Item 5, Town Council Amendment A-15-002, to November 11, 2015. Seconded by Commissioner O’Donnell. VOTE: Motion passed 7-0. SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee Commissioner O’Donnell - The 10/14/15 CDAC meeting considered two matters: - The North 40 - 475 & 485 Alberto Way Planned Development Study Committee Commissioner Talesfore - The 9/30/15 and 10/8/15 PDSC meetings considered: - The use of PD overlay zoning in the land use development process. - The history and use of PD zoning. - The CUP process for land use changes. VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR Commission Kane requested Item 1 be removed from the Consent Calendar. Chair Burch stated Item 1 would become Agenda Item 1. Page 2 of 6 Planning Commission Minutes October 14, 2015 CONTINUED PUBLIC HEARINGS None. NEW PUBLIC HEARINGS 1. Approval of Minutes – September 23, 2015 Chair Burch opened the public hearing. Commission members discussed the matter. MOTION: Motion by Commissioner Kane to approve the meeting minutes of September 23, 2015, as amended. Seconded by Commissioner Talesfore. VOTE: Motion passed 7-0. 2. 485 Monterey Avenue Zone Change Application Z-15-001 Architecture and Site Application S-15-018 APN 410-16-026 Property Owner: Black Real Estate Investments Applicant: Michael Black Project Planner: Erin Walters Requesting approval to rezone a property from O to R-1D, demolish an existing office building, construct a new single-family residence, construct an accessory structure with reduced setbacks, and obtain a grading permit for property zoned O. Chair Burch opened the public hearing. Erin Walters, Associate Planner, presented the staff report. Commission members asked questions of staff. Michael Black - Commented that he appreciated the thorough staff report and was available to answer questions. Bess Wiersema - Commented that they wish to rezone from Office to R-1D in order to conform to the General Plan. The three properties across the street are residential. They are not the largest house in the immediate neighborhood, and have lot coverage similar to the neighbors. Commission members asked questions of Ms. Wiersema and Mr. Black. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Brigitte Ballingall - Commented that she is excited about the proposed project, because this is a neighborhood in transition. Her only concerns were with respect to maintaining mature trees and the drainage. Commission members asked questions of Ms. Ballingall. Page 3 of 6 Planning Commission Minutes October 14, 2015 Lee Quintana - Commented that she supports the zone change to conform to the General Plan rather than circumventing the intent by using a CUP. She noted the garage was out of scale in comparison to other garages on the street. Commission members asked questions of Ms. Quintana. Bess Wiersema - Commented that the garage aligns with what is immediately behind the site. She pointed out other detached garages in the vicinity. Proportionately the garage is on a good spot on the site, not coming out as far as a neighboring garage and pushed further back. The garage square footage is within the allowable FAR for the garage. Commission members asked questions of Ms. Wiersema. MOTION: Motion by Commissioner O’Donnell to approve Zone Change Application Z-15-001 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated October 14, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated October 14, 2015, with the addition of the findings set forth in the October 14, 2015 Planning Commission Report, subparagraph B. Commissioner O’Donnell withdrew the motion. Commission members discussed the matter. MOTION: Motion by Commissioner O’Donnell to approve Zone Change Application Z-15-001 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated October 14, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated October 14, 2015. Seconded by Commissioner Badame. VOTE: Motion passed 7-0. MOTION: Motion by Commissioner O’Donnell to approve Architecture and Site Application S-15-018 subject to the conditions of approval as noted in Exhibit 19 of the staff report dated October 14, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated October 14, 2015. Seconded by Commissioner Erekson. Commission members discussed the matter. The maker of the motion withdrew the motion. The seconder of the motion accepted the motion withdrawal. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 485 Monterey Avenue to a date certain, requesting that the applicant address the issues of bulk and mass, and the garage. Commission members asked questions of staff. Seconded by Commissioner Kane. Page 4 of 6 Planning Commission Minutes October 14, 2015 Commission members discussed the matter. Chair Burch reopened the public input portion of the hearing. Chair Burch asked questions of the applicant. Chair Burch stated that the date certain for the continued hearing would be November 11, 2015. VOTE: Motion passed 7-0. 3. 11 N. Santa Cruz Avenue Conditional Use Permit Application U-15-005 APN 510-44-077 Property Owner: La Canada Investments, LLC Applicant: Bluemercury, Inc. Project Planner: Jocelyn Puga Requesting approval to operate a formula retail store (Bluemercury) on property zoned C- 2:LHP. Chair Burch opened the public hearing. Jocelyn Puga, Assistant Planner, presented the staff report. Commission members asked questions of staff. Clary Groen - Commented that Bluemercury will carry beauty product brands not currently sold in Los Gatos; their diversified product and brand assortment will differentiate them from other retailers in the market, adding value and uniqueness to the downtown. They bring brands found in department stores to a friendly, small, neighborhood environment. Commission members asked questions of Mr. Groen. Patti Rice - Commented that she is the owner/operator of Spa Los Gatos. There are 24 other skin care providers in the downtown area on Main Street, North Santa Cruz, and South Santa Cruz. Most are single operators. Commission members asked questions of Ms. Rice. Clary Groen - Commented that the skin care component of other downtown businesses is generally ancillary. Based on the size and location of the store, they cannot grow the business larger than it currently is. Ninety-five percent of their revenue stems from skin care and cosmetics, not from their spa services. Commission members asked questions of Mr. Groen. Chair Burch closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Page 5 of 6 Planning Commission Minutes October 14, 2015 MOTION: Motion by Commissioner Hanssen to approve Conditional Use Permit U-15-005 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated October 14, 2015. The required findings were made as noted in Exhibit 2 of the staff report dated October 14, 2015. Seconded by Vice Chair Badame. The seconder of the motion requested the motion be amended to include that Bluemercury would enhance and contribute to the retail mix at the southern end of North Santa Cruz Avenue, that the Town currently does not have a limit on formula retail stores, that Bluemercury has a minimal presence in California and offers a unique shopping experience. The maker of the motion accepted the amendment to the motion. VOTE: Motion passed 7-0. Planning Manager Joel Paulson cited the appeal rights. 4. Town Code Amendment A-15-003 Town Code Amendment A-15-003 Applicant: Town of Los Gatos Project Planner: Monica Renn Consider adoption of amendments to Section 29.10.145 of Chapter 29 (Zoning Regulations) of the Town Code allowing businesses to charge for valet parking services within private parking lots. Chair Burch opened the public hearing. Monica Renn, Economic Vitality Manager, presented the staff report. Commission members asked questions of staff. Brayton Gosling - Commented that he is manager of Hotel Los Gatos, where valet parking in necessary in the evening, as it does not take much for their parking lot to fill up very quickly, and they need to offset the expense of hiring three valets. Setting a monetary threshold could make sense, but in terms of tipping it would discourage people who want to be valets and who rely on the extra income from tips. Commission members asked questions of Mr. Gosling. 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 Kane to forward recommendation to Town Council that the matter be sent to the Transportation and Parking Commission with minutes from this meeting, then sent back to the Planning Commission for further study and community input. Seconded by Chair Burch. VOTE: Motion passed 7-0. Page 6 of 6 Planning Commission Minutes October 14, 2015 6. Town Code Amendment A-13-002 Town Code Amendment A-13-002 Applicant: Town of Los Gatos Project Planner: Kimberly Castro Consider adoption of amendments to Section 29.10.09025 of Chapter 29 (Zoning Regulations – Home Occupations) of the Town Code to include cottage food industry businesses and additional prohibited Home Occupation uses. Chair Burch opened the public hearing. Joel Paulson, Planning Manager, presented the staff report. Commission members asked questions of staff. MOTION: Motion by Vice Chair Badame to forward recommendation of Town Council adoption of Town Code Amendment A-13-002. Seconded by Commissioner Kane. VOTE: Motion passed 7-0. NEW OTHER BUSINESS 1. Report from Planning Manager, Joel Paulson • Town Council met 10/6/15; held a study session for the Alcohol and Entertainment Ordinance and took public testimony; discussed formula retail, outdoor seating, and specialty retail. • December 4, 2015 is the deadline for submitting applications for seats on boards and commissions. ADJOURNMENT Meeting adjourned at 10:29 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, October 14, 2015 ___________________________________________ Kendra Burch, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Planning Manager