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Draft Mins 10.08.14DRAFT MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 8, 2014 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 8, 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, and 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 SEPTEMBER 24, 2014 MOTION: Motion by Commissioner Erekson to approve the meeting minutes of September 24, 2014. Seconded by Commissioner Talesfore. VOTE: Motion passed 7-0. WRITTEN COMMUNICATIONS Desk Item for Items #2 and #3. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS None. VERBAL COMMUNICATIONS (AUDIENCE) Angela Doerner - Commented that she is a resident of the Almond Grove and s poke about the Almond Grove resurfacing project. The cost estimates do not make sense. Commission members asked questions of Ms. Doerner. Mary Roach - Commented that as time goes on she sees less trees in Los Gatos and less of the hills due to development with higher buildings and closed in streets. The Town’s trees are not being properly cared for. Commission members asked questions of Ms. Roach. Jim Russell - Commented that he commended the Planning Commissioners for their time and effort in the recent long meetings that have been held. Page 2 of 6 Planning Commission Minutes October 8, 2014 CONSENT CALENDAR 1. 15527 Union Avenue Conditional Use Permit Application: U-14-013 APN: 523-41-035 and –036 Property Owner: DS Downing LP Applicant: Rudy Wrabel Project Planner: Erin Walters Requesting approval to operate a minor restaurant (Jersey Mike’s Subs) on property zoned C-1. MOTION: Motion by Vice Chair Burch to approve Consent Item #1. Seconded by Commissioner Talesfore. VOTE: Motion passed 7-0. CONTINUED PUBLIC HEARINGS None. NEW PUBLIC HEARINGS 2. Planned Development Discussion Project Planner: Erwin Ordoñez. Receive public testimony and discuss potential changes to the Town Code for the establishment and use of Planned Development Overlay Zoning Designations. This discussion may include the Town’s Community Benefit and Infill Policies. This is not a public hearing on a specific amendment to the Town’s Zoning Code. Not action will be taken. Chair Smith opened the public hearing. Erwin Ordoñez, Senior Planner, presented the staff report. Commission members asked questions of staff. Beverly Bryant - Commented that the Planned Development Ordinance should be kept as it is now. Severe restrictions placed on the draft ordinance would be a mistake. Steven Markman - Commented that he doesn’t understand w hy in 1993 the Commission was allowed to insist on certain improvements being made, such as mitigation of traffic and installation of signs, but in 2002 that can no longer be done now, and community benefit and infill policies can be ignored. Dale Miller - Commented that Planned Developments are a tool that should be kept as is; it is intended to be an exception. Jack Aiello - Commented that some PDs work very well, for example, the one soon to be built near his neighborhood. Chris Keith - Commented that the PD tool has been used adequately in the past. The Town should retain the PD overlay zoning and evaluate each development opportunity on its own merits. Page 3 of 6 Planning Commission Minutes October 8, 2014 Jill Fordyce - Commented that they moved to Los Gatos for neighborhoods, community, schools and open space. She agrees with the intent of the new Planned Development Overlay Zone to protect hillside, historic and natural areas, but does not understand how it would be done based on the draft language. Mark Tersini - Commented that the PD tool has been well used by the Town. The Commission should focus on how the Town has grown, what was the proper use of Planned Developments, and continue to keep the Planned Development in place. Commission members asked questions of Mr. Tersini. Bill Hirschman - Commented that he agreed with the previous speakers. He has built five PD projects in Los Gatos, and each was a better project as a result of the PD process. The Commission should not take away its discretionary power and allow the PD process to be eliminated. Commission members asked questions of Mr. Hirschman. Doug Rich - Commented that he echoed previous comments to keep the PD tool, and added the benefits of the PD process allow flexibility to address both excellence in design and compatibility in the neighborhood. The Planned Development Overlay Zone also allows a developer to create affordable housing. Commission members asked questions of Mr. Rich. Commission members asked questions of Staff. John Shepardson - Commented that on occasion a PD has been used to circumvent the General Plan standards, for example, the Albright project. Any real estate agent in Town, when selling a property that is next to a property that may be developed through the PD process, should be required to put in their disclosures that the Town has Guiding Principles, but they may not be followed. Al Martinskis - Commented that the Commission has a tool in the Planned Unit Development, and it should not be given up, because it was created for a reason. Lee Quintana - Commented that she agreed the Planned Development is a good tool, but there have been problems with the way PDs have been used in the Town in the past. The current PD Ordinance is difficult to understand and at times conflicting. She would like to see the PD thrown out, and if retained amended without more specific criteria particularly related to allowed uses and compatibility. Commission members asked questions of Ms. Quintana. Chair Smith 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. Page 4 of 6 Planning Commission Minutes October 8, 2014 MOTION: Motion by Commissioner O’Donnell to forward to the Town Council a recommendation that it appoint a committee to do further research to decide whether or not to pursue the course suggested by the Town Council’s Ad Hoc Committee or consider improving the present PD Ordinance, and whether there has been any violation of the spirit of the PD ordinance. Seconded by Commissioner Talesfore. Commission members discussed the matter, including consideration that the Committee include representatives from the development community, general public, General Plan Committee, Historic Preservation Committee, and Planning Commission. Commissioner Erekson requested that the motion give emphasis to clarification of the problems to be solved in the PD Ordinance, including questions listed in public correspondence. The maker of the motion accepted the amendment to the motion, and included a review of the last few years of the applications of the PD to see if there are any particular problems. The seconder accepted the amendments to the motion. VOTE: Motion passed 7-0. 3. 15600 and 15650 Los Gatos Boulevard Planned Development Application: PD-11-005 Negative Declaration: ND-11-007 APN: 424-14-028 and -036 Property Owner: Longs Drug Stores, California, LLC Applicant: Landmark Retail Group Project Planner: Jennifer Savage Requesting approval to change the zone from CH to CH:PD, to demolish existing commercial buildings, to construct new commercial buildings, and to allow a 24 -hour super drugstore (CVS). No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. Chair Smith opened the public hearing. Jennifer Savage, Senior Planner, presented a staff report. Commission members asked questions of staff. Howard Spunt - Commented that they meet all the standards and guidelines for the current zoning, with the exception of parking, where they are asking for a reduction. CVS focuses on health services to its customers and not just selling goods. Commission members asked questions of Mr. Spunt. Ingrid Oakley-Girvan - Commented that she is unclear what the community benefit would be from a massive drugstore. Vagrants who congregate nearby would have access to beer 24 hours a day. Retail items from drugstores can be ordered online, so she does not see the need for such a large superstore. Commission members asked questions of Ms. Oakley-Girvan Page 5 of 6 Planning Commission Minutes October 8, 2014 Vicki Cramer - Commented that her yard is on the property line of the subject property. The biggest concern she and her neighbors have is security, because of increased traffic and people. They also request no deliveries on Sunday, and a 7-foot sound wall. Commission members asked questions of Ms. Cramer. Joseph Gemignani - Commented that the building as designed would be so prominent it could be seen a half mile away. The site needs a beautiful building, and the building proposed does not look like it belongs in Los Gatos. Commission members asked questions of Mr. Gemignani. Rusty Dehorn - Commented that he lives across Los Gatos Boulevard from the proposed development. The story poles got his attention and brought him to the meeting. The building is too close to the street. There are no other buildings nearby that are anywhere near the proposed building’s height. Rhodie Firth - Commented that there is very little about the project that is positive for the people of Los Gatos. The building is too tall and too close to the street. The idea of making Los Gatos Boulevard pedestrian-friendly is a nice idea, but it will never happen because the Boulevard is so long and busy. Maria Ristow - Commented that the proposed corner is very important, because it is b eautiful, has trees, and a view of the hills, which would be completely obscured by this building. The building needs to be shorter and set back from the street. Mary Roach - Commented that the project seeks to remove 22 protected trees. The proposed building is cookie cutter and hideous and not at all related to Los Gatos’ character, because it is too high, too close to the street, and blocks the memorial trees on the corner. Mindy Wellington - Commented that she couldn’t believe the size when she saw the story poles. Additionally, the building is too close to the street. The proposed store is something the residents do not need, as they have plenty of pharmacies and fast food already. Los Gatos Boulevard is becoming Any Town USA and has none of the Los Gatos charm. Commission members asked questions of Ms. Wellington. Carol Roesser - Commented that her biggest concern is traffic and parking. To cut back on parking on this project and expecting people to park across the street is taking parking away from ne arby residents. Howard Spunt - Commented that they can pick up two parking spaces if they eliminate the drive-through. They are open to a larger sound wall. They would work with staff and the Town arborist on preserving trees. They would try to improve traffic onsite with a bus turnout lane, a double left-hand turn from Los Gatos Boulevard to Los Gatos-Almaden, and upgrading the signal. Commission members asked questions of Mr. Spunt. Page 6 of 6 Planning Commission Minutes October 8, 2014 Chair Smith closed the public input portion of the hearing and return ed to the Commission for deliberation. Commission members discussed the matter. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 15600 and 15650 Los Gatos Boulevard to a date uncertain. Seconded by Commissioner Badame. Commission members discussed the matter. VOTE: Motion passed 7-0. MOTION: Motion by Commissioner O’Donnell to continue the public hearing for 15600 and 15650 Los Gatos Boulevard to December 10, 2014. Seconded by Commissioner Badame. VOTE: Motion passed 7-0. NEW OTHER BUSINESS 1. Report from Community Development Director, Laurel Prevetti • Town Council met 9/15/14; requested additional information regarding the North Forty Specific Plan, expected to bring the matter to December 2, 2014 meeting; approved the Knowles Planned Development. Met 10/7/14; heard the Highland Oaks exterior color issue, directed Staff to work with the Applicant regarding methodology for examining exterior color; discussed cut-through traffic and different options; and the Town will apply for a grant to complete a bicycle master plan and complete streets plan. ADJOURNMENT Meeting adjourned at 10:56 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, October 8, 2014 ___________________________________________ /s/ Margaret Smith, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ /s/ Joel Paulson Planning Manager