Draft Mins 04.23.14DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
APRIL 23, 2014
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, April
23, 2014, at 7:00 PM.
MEETING CALLED TO ORDER
Chair Smith called the meeting to order at 7:00 pm.
ROLL CALL
Present: Chair Margaret Smith, Vice Chair Kendra Burch, Commissioner Mary Badame,
Commissioner Charles Erekson, Commissioner Tom O’Donnell, Commissioner Marico
Sayoc, Commissioner Joanne Talesfore
Absent: None.
PLEDGE OF ALLEGIANCE
Commissioner Talesfore led the Pledge of Allegiance. The audience was invited to participate.
APPROVAL OF MINUTES OF APRIL 9, 2014
MOTION: Motion by Vice Chair Burch to approve meeting minutes of April 9, 2014.
Seconded by Commissioner Talesfore.
VOTE: Motion passed 7-0.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Historic Preservation Committee Matters
Commissioner O’Donnell
- The 4/23/14 HPC meeting considered the following matters:
- 327 University Avenue
- 221 W ilder
- 222 Tate Avenue
- 315 University Avenue
- 120 Dover Street
WRITTEN COMMUNICATIONS
Desk Item for Item 2.
CONSENT CALENDAR
None.
CONTINUED PUBLIC HEARINGS
None.
VERBAL COMMUNICATIONS (AUDIENCE)
None.
Chair Smith indicated that the meeting’s agenda would be amended to hear Item 3 first, because
Commissioner Badame would be recusing herself from Items 1 and 2.
Page 2 of 5
Planning Commission Minutes April 23, 2014
NEW OTHER BUSINESS
3. Consider Five-Year Capital Improvement Program (CIP) for Fiscal Years July 1, 2014 to
June 30, 2019 – Parks and Public Works
Chair Smith opened New Other Business.
Matt Morley, Director of Public Works, presented a staff report.
Commission members asked questions of Mr. Morley.
Chair Smith closed the public input portion of the hearing and returned to the Commission for
deliberation.
MOTION: Motion by Commissioner O’Donnell to forward to the Town Council a
recommendation of approval of the Five-Year Capital Improvement Program
(CIP) for Fiscal Years July 1, 2014 to June 30, 2019 based on the Commission’s
finding that the projects as outlined in the current CIP are consistent with the
General Plan and the Hillside Specific Plan.
Seconded by Commissioner Sayoc.
VOTE: Motion passed 7-0.
NEW PUBLIC HEARINGS
Planning Manager Joel Paulson indicated that Commissioner Badame would recuse herself from
participating in the public hearings for Item 2, because of a perceived conflict of interest relating
to a business interaction, and Item 1, because she lives within 500’ of the subject property.
1. 112 N. Santa Cruz Avenue
Conditional Use Permit Application: U-14-004
APN: 529-03-040
Property Owner: Los Gatos Commercial LLC
Applicant: Jos Peijnenburg, Olivinum
Project Planner: Marni Moseley
Requesting approval to operate a formula retail business (We Olive) with a wine bar on
property zoned C-2.
Chair Smith opened the public hearing.
Marni Moseley, Associate Planner, presented a staff report.
Jos Peijnenburg
- Commented that the spot at 112 Santa Cruz Avenue fits their needs and then made a video
presentation. He also commented that they have received letters of support from Los Gatos
residents.
Commission members asked questions of Mr. Reijnenburg and Frank Mercurio, owner of We Olive LLC.
Josh Mercurio
- Commented that We Olive sells and promotes heart healthy local products by partnering with
local artisans, such as bakeries, cheese mongers, etc. The wine bar is important because it
showcases these local products. In this way, each We Olive is unique despite being a formula
retail business.
Page 3 of 5
Planning Commission Minutes April 23, 2014
Commission members asked questions of Mr. Mercurio.
Brian Bokman
- Commented that he represents the landlord. It is difficult to find tenants for their building because
of the space layout, but We Olive embraced all the awkward features of the building. They believe
We Olive would be a great tenant for their building.
Robert Beliveau
- Commented that his wife’s family owns the property. They believe We Olive fits the character of
Los Gatos and urge the Commission to approve the Conditional Use Permit. They had looked for
a tenant for three years before finding We Olive.
Jos Peijnenburg
- Commented that the alcohol use in their concept is as an educational experience and to
compliment their retail products from local artisans. Their wine selection would be hand picked,
not easily found elsewhere and local as much as possible.
Commission members asked questions of Mr. Peijnenburg.
Chair Smith closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members asked questions of staff.
Chair Smith reopened the public input portion of the hearing.
Commission members asked questions of Mr. Peijnenburg and Mr. Mercurio regarding the formula retail
nature of the business.
Chair Smith closed the public input portion of the hearing and returned to the Commission for
deliberation.
Commission members discussed the matter.
MOTION: Motion by Commissioner Sayoc to forward to the Town Council a
recommendation of approval of Conditional Use Permit U-14-004, subject to the
conditions of approval as noted in Exhibit 3 of the staff report dated April 23,
2014. The required findings were made as noted in Exhibit 2 of the staff report
dated April 23, 2014.
Seconded by Commissioner Talesfore.
Commission members discussed the matter.
Commission members asked questions of staff.
Chair Smith requested that the maker of the motion include the specific language, “Educational
classes, which are to be conducted when the store is closed, are to be limited to 20 people no
more than twice a month, whether a cost is charged or not” to the motion.
Commission members discussed the matter.
The maker of the motion accepted the amendment to the motion.
Commission members discussed the matter.
Page 4 of 5
Planning Commission Minutes April 23, 2014
The seconder of the motion accepted the amendment to the motion.
Commission members discussed the matter.
VOTE: Motion passed 6-0, with Commissioner Badame
recusing.
2. 55 Los Gatos-Saratoga Road
Conditional Use Permit Application: U-13-018
APN: 520-03-007
Property Owner: 55 Partners, LLC
Applicant: Jon Shank
Project Planner: Suzanne Avila
Requesting approval of a Conditional Use Permit to operate a quality restaurant (Los Gatos
Motor Inn) with a separate bar and full alcohol service on property zoned CH:PD.
Chair Smith opened the public hearing.
Suzanne Avila, Senior Planner, presented a staff report.
Commission members asked questions of staff.
Jon Shank
- Commented that the separate dining/bar area is for individual travelers who would enjoy a meal in
a communal atmosphere. Although they would prefer to serve alcohol after 10:00 pm, they would
be open to ending service around 10:00 pm. Their restaurant has received support from their
neighbors.
Commission members asked questions of Mr. Shank.
Commission members asked questions of staff.
Thomas Finley
- Commented that the inn cannot let people into the lobby after 10:00 pm and that the plans for the
restaurant are illegible and do not show the surrounding area.
Jon Shank
- Commented that they plan to give the restaurant a comfortable and approachable atmosphere,
for travelers as well as locals. They realize the CUP runs with the land and want to be good
stewards of that.
Commission members asked questions of Mr. Shank.
Chair Smith 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 continue the public hearing for 55 Los
Gatos-Saratoga Road to the meeting of May 21, 2014 with direction.
Seconded by Vice Chair Burch.
Committee Members discussed the matter.
Page 5 of 5
Planning Commission Minutes April 23, 2014
VOTE: Motion passed 6-0, with Commissioner Badame
recusing.
NEW OTHER BUSINESS (Continued)
4. Report from Director of Community Development
Planning Manager Joel Paulson
- Development Review Committee met on 4/15/14 and approved a Certificate of
Compliance and a Lot Line Adjustment for 222 Bella Vista; met on 4/22/14, and
considered a time extension for an approval for construction of a new single -family
residence at 248 Jared Lane.
- Town Council met on 4/14/14 and granted an appeal of two Architecture and Site
Applications for 16560 Shannon Road, denied an appeal for 16268 Los Gatos
Boulevard; met on 4/21/14 and held a study session to consider the role of the
consulting architect, sent Resolution 2002-25 back to staff, and granted an appeal to
approve a yogurt shop.
5. Commission Matters
None.
ADJOURNMENT
Meeting adjourned at 10:25 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, April 23, 2014
___________________________________________
Margaret Smith, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Planning Manager