Draft Mins 05.28.14MINUTES OF THE PLANNING COMMISSION MEETING
MAY 28, 2014
The Planning Commission of the Town of Los Gatos conducted a Special Meeting on Wednesday,
May 28, 2014, at 7:45 PM.
MEETING CALLED TO ORDER
Chair Smith called the meeting to order at 7:45 pm .
ROLL CALL
Present: Chair Margaret Smith, Commissioner Mary Badame, Commissioner Charles Erekson,
Commissioner Tom O’Donnell, Commissioner Marico Sayoc, Commissioner Joanne
Talesfore
Absent: Vice Chair Kendra Burch
PLEDGE OF ALLEGIANCE
Commissioner Badame led the Pledge of Allegiance. The audience was invited to participate.
APPROVAL OF MINUTES OF MAY 14, 2014
MOTION: Motion by Commissioner Talesfore to approve meeting minutes of May 14,
2014.
Seconded by Commissioner Sayoc.
VOTE: Motion passed 6-0.
WRITTEN COMMUNICATIONS
Desk Item for Items 2 and 3.
REQUESTED CONTINUANCES
None.
SUBCOMMITTEE REPORTS
Historic Preservation Committee Matters
Commissioner Badame
- The 5/28/14 Historic Preservation Committee meeting considered four matters:
- 228 Massol Avenue
- 304 Nicholson Avenue
- 315 University Avenue
- North Forty Specific Plan
Housing Element Advisory Board
Commissioner Sayoc
- Because of procedural issues during the 5/22/14 Housing Element Advisory Board meeting, looking at,
identifying, and voting on where affordable housing sites would be will take place during the 6/19/14
meeting.
VERBAL COMMUNICATIONS (AUDIENCE)
None.
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Planning Commission Minutes May 28, 2014
CONSENT CALENDAR
1. 16 Lyndon Avenue
Conditional Use Permit Application: U-14-011
APN: 510-44-044
Property Owner: One Six Inc.
Applicant: Colin and Raymond Triplett
Project Planner: Marni Moseley
Requesting approval to operate a personal training facility (Mint Condition Fitness) with group
classes on property zoned C-2.
Chair Smith opened the public hearing.
Chair Smith indicated that she would recuse herself from participating in the consent calendar
item because she has a lease interest in the building at 16 Lyndon and rents office space there.
She appointed Commissioner Erekson to chair the item.
MOTION: Motion by Commissioner O’Donnell to approve Consent Item 1.
Seconded by Commissioner Talesfore.
VOTE: Motion passed 5-0 with Chair Smith recusing.
Chair Smith returned to the meeting.
CONTINUED PUBLIC HEARINGS
None.
NEW PUBLIC HEARINGS
2. 15529 Union Avenue
Conditional Use Permit Application: U-14-006
APN: 523-41-036
Property Owner: DS Downing LP
Applicant: Terry and Brit Ratto, Moo Ventures LG LLC
Project Planner: Marni Moseley
Requesting approval to operate a high turnover, sit-down restaurant with outdoors seating
(Mooyah Burgers) on property zoned C-1.
Chair Smith opened the public hearing.
Marni Moseley, Associate Planner, presented a staff report.
Terry Ratto
- Commented that Mooyah Burgers has 75 locations in the US, with this one being the third in
California. It is a family-friendly, custom burger concept that he believes will be an asset to the
community.
Commission members asked questions of Mr. Ratto.
Commission members asked questions of staff.
Chair Smith closed the public input portion of the hearing and returned to the Commission for
deliberation.
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Planning Commission Minutes May 28, 2014
Commission members discussed the matter.
MOTION: Motion by Commissioner Talesfore to approve Conditional Use Permit
Application U-14-006 subject to the conditions of approval as noted in Exhibit 3 of
the staff report dated May 28, 2014. The required findings were made as noted in
Exhibit 2 of the staff report dated May 28, 2014. With the additional condition of
approval that staff work with the property owner in considering a barrier around
the outdoor eating area.
Commissioner O’Donnell requested an additional condition of approval be added, that the
barrier be without additional expense to the tenant except for the cost of, for example,
moveable planter boxes, and that it be consented to by the landlord without altering the
rental terms.
The maker of the motion accepted the two conditions.
Seconded by Commissioner O’Donnell.
Commissioner Talesfore amended the motion to change the language from considering a
barrier to requiring a barrier.
Commissioner O’Donnell withdrew his second.
The motion failed for lack of a second.
MOTION: Motion by Commissioner Sayoc to approve Conditional Use Permit Application
U-14-006 subject to the findings and considerations stated by Commissioner
Talesfore in the previous motion.
Seconded by Commissioner O’Donnell.
VOTE: Motion passed 6-0.
Planning Manager Joel Paulson cited the appeal rights.
3. 15540 El Gato Lane
Architecture and Site Application: S-14-003
APN: 523-23-021
Property Owner: Fletch and Florence Sullivan
Applicant: Chris Spaulding
Project Planner: Jennifer Savage
Requesting approval to demolish an existing single-family residence and to construct a new
single-family residence on property pre-zoned R-1:8.
Chair Smith opened the public hearing.
Jennifer Savage, Associate Planner, presented a staff report.
Commission members asked questions of staff.
Fletch Sullivan
- Commented that their 60 year old home is getting toward the end of its usefulness, but it and the
neighborhood are home to them. He pointed out that the Town’s architect said the neighborhood
will likely transition to larger homes.
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Planning Commission Minutes May 28, 2014
Commission members asked questions of Mr. and Mrs. Sullivan and Chris Spaulding, the architect.
Don Mason
- Commented that he supports the project, noting that the tax dollars are important for the Los
Gatos schools.
Angela D’Orfani
- Commented that she and her husband live down the street from the Sullivan’s and value the
improvements the Sullivans are making, because it will continue to raise property values in the
neighborhood.
Commission members asked questions of Ms. D’Orfani.
Renato D’Orfani
- Commented that their home, which they remodeled, is of similar in age to the Sullivan’s, and he
believes their project is positive for their neighborhood, which is in transition.
Randy Lowe
- Commented that the Sullivans are investing in the community. The Sullivan’s project will improve
not only their house, but also the neighborhood, and will increase the property value of the
neighbors.
Henrik Hoyer
- Commented that he lives across the street from the Sullivans and believes the project would be
an enhancement to the entire street and that it is important to transition into more aesthetic
architecture.
Commission members asked questions of Mr. Hoyer.
Gary Marcum
- Commented that the homes on El Gato are not well built and need updating, and he hopes to one
day remodel his home. The street needs more of what the Sullivans are doing, because it makes
the street and neighborhood better.
Kristina Burling
- Commented that she lives behind the Sullivans. She was initially concerned about privacy, but
she has seen the plans and believes the design is well oriented from her perspective. She
supports the project, but hopes there will be no window overlooking her yard.
Commission members asked questions of Ms. Burling
Florence Sullivan
- Commented that they chose to go through the Town’s process, which is more extensive than the
county process and significantly more expensive, because they want to do a tasteful rebuild that
would improve the neighborhood. They have tried to take into consideration the issues raised.
Commission members asked questions of Ms. Sullivan.
Fletch Sullivan
- Commented that he believes the project would bring the neighborhood up, and his neighbors feel
the same. There has been no neighborhood opposition to the project.
Commission members asked questions of Mr. Sullivan and Chris Spaulding.
Chair Smith closed the public input portion of the hearing and returned to the Commission for
deliberation.
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Planning Commission Minutes May 28, 2014
Commission members discussed the matter.
Commission members asked questions of staff.
MOTION: Motion by Commissioner O’Donnell to deny Architecture and Site Application
S-14-003 because it does not fit the neighborhood, saying he would adopt the
recommendations and the facts as stated in the letter from the Town Architect.
Seconded by Commissioner Talesfore.
Commission members asked questions of staff.
Commissioner O’Donnell withdrew the motion.
The seconder agreed to withdraw the motion.
MOTION: Motion by Commissioner O’Donnell to continue Architecture and Site
Application S-14-003 to June 25, 2014.
Seconded by Commissioner Talesfore.
Commission members discussed the matter.
VOTE: Motion passed 6-0.
4. Zoning Code Amendment
Zoning Code Amendment A-14-001
Project Planner: Jennifer Savage
Consider adoption of amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding the sales, service, and repair of zero emission battery electric vehicles in the C -2
and CH zones, and services stations in the C-1, C-2, CH, and LM Zones.
Chair Smith opened the public hearing.
Jennifer Savage, Associate Planner, presented a staff report.
Commission members asked questions of staff.
Commission members discussed the matter.
MOTION: Motion by Commissioner O’Donnell to recommend adoption of Zoning Code
Amendment A-14-001 to Town Council subject to the Required Findings and
Considerations as noted in Exhibit 1 of the staff report dated May 28, 2014.
Seconded by Commissioner Erekson.
Commissioner O’Donnell amended the motion to include the LM Zone.
Commissioner Erekson withdrew his second.
Commissioner Badame seconded the motion.
Commissioner Erekson requested the motion be amended to include the sale of internal
combustion engines in the LM zone.
Commission members asked questions of staff.
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Planning Commission Minutes May 28, 2014
The maker of the motion accepted the amendment to the motion.
The seconder of the motion accepted the amendment to the motion.
Commission members discussed the matter.
Commissioner Sayoc requested the motion be amended to include sales, service and repair of
electric vehicles in the C-1, C-2, C-H, and LM zones.
Commissioner O’Donnell declined to amend the motion.
VOTE: Motion passed 5-1 with Commissioner Sayoc dissenting.
NEW OTHER BUSINESS
5. Report from Planning Manager Joel Paulson
- Development Review Committee met 5/27/14, approved an addition to an existing
home at 200 Johnson Avenue.
6. Commission Matters
None.
ADJOURNMENT
Meeting adjourned at 9:53 pm.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, May 28, 2014
___________________________________________
/S/ Margaret Smith, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
/S/ Joel Paulson
Planning Manager