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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. Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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. Page 5 of 6 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. Page 6 of 6 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