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Draft Mins 12.14.11Planning Commission Minutes Page 1 December 14, 2011 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, DECEMBER 14, 2011 Chair Marico Sayoc called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Marico Sayoc, Vice Chair Marcia Jensen, Commissioner John Bourgeois, Commissioner Charles Erekson, Commissioner Thomas O'Donnell, Commissioner Margaret Smith, and Commissioner Joanne Talesfore. Absent: None Others: Deputy Town Attorney, Mazarin Vakharia, Planning Manager Sandy Baily, Senior Planner, Suzanne Davis, Associate Planner, Jennifer Savage, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Chair Marico Sayoc. APPROVAL OF MINUTES OF NOVEMBER 9, 2011 Chair Marico Sayoc commented that she was absent at the meeting on November 9, 2011, but she has reviewed the transcript and will be participating in the vote. Motion by Vice Chair Marcia Jensen and seconded by Commissioner Joanne Talesfore to approve meeting minutes of November 9, 2011. Motion carried 7-0. WRITTEN COMMUNICATIONS Chair Marico Sayoc noted that there was a desk item for Item #4. REQUESTED CONTINUANCES -- NONE Planning Commission Minutes Page 2 December 14, 2011 SUBCOMMITTEE REPORTS Historic Preservation Committee -- Commissioner Charles Erekson reported that the committee met yesterday and recommended approval to demolish a pre-1941 residence at 521 Bachman Avenue and remove it from the Historic Resources Inventory, for exterior modifications to a previously approved detached garage at 367 Los Gatos Boulevard, and to demolish an accessory structure at 255 Edelsen Avenue. Conceptual Development Advisory Committee -- Commissioner Charles Erekson reported that the committee met this afternoon and advised an applicant that the committee would not support a request to amend the Town Code to allow Conditional Use Permits (CUPs) for vacation rental homes/bed and breakfast inns in R-1D zoning. VERBAL COMMUNICATIONS (AUDIENCE) -- NONE CONSENT CALENDAR 1. *Adopt proposed meeting schedule for 2012 Motion by Vice Chair Marcia Jensen and seconded by Commissioner John Bourgeois to approve Consent Item #1. Motion carried 7-0. Chair Marico Sayoc noted that Consent Item #2 was pulled from the Consent Calendar. Item #2 will be heard under New Public Hearings. CONTINUED PUBLIC HEARINGS -- NONE NEW PUBLIC HEARINGS 2. *423 N. Santa Cruz Avenue. Conditional Use Permit U-11-015. Requesting approval to allow off-sale beer and wine sales for an existing super drugstore (Walgreen’s) on property zoned C-1. APN 410-16-011. PROPERTY OWNER: The Louis Cherin Family Limited Partnership. APPLICANT: Walgreen Co. c/o HaasNajarian, LLP. PROJECT PLANNER: Jennifer Savage. Chair Marico Sayoc opened the public hearing. Associate Planner Jennifer Savage presented the staff report. Dan Kramer, Applicant (Outside Counsel), gave a presentation on the proposed project. Planning Commission Minutes Page 3 December 14, 2011 Commissioner John Bourgeois  Commented that the special precautions noted in Mr. Kramer’s presentation were not part of the Conditions of Approval and asked him if he was willing to have the restrictions added to the CUP. Dan Kramer  Commented that Walgreen's is open and willing to consider any conditions deemed necessary by the Town. Commissioner Margaret Smith  Asked what hours alcohol will be sold.  Asked why Walgreen’s believes it is necessary to sell alcohol.  Commented that she is concerned about the two independent retailers in the vicinity who also sell alcohol.  Asked if Walgreen’s is a member of the Los Gatos Chamber of Commerce.  Asked what Walgreen’s does with expired food. Dan Kramer  Commented that Walgreen’s proposes limiting alcohol sales from 8:00 a.m. to 12:00 a.m. as noted in the Conditions of Approval.  Commented that Walgreen’s wants to sell alcohol as a convenience to its customers and to remain competitive with other retailers with blended businesses. Moon Song, Walgreen’s Manager  Commented that she believed that Walgreen’s has applied for membership with the Chamber of Commerce.  Commented that Walgreen’s is very involved with seniors due to the focus on the pharmacy.  Commented that expired food is charged out and disposed of. Damaged food that is not expired is put into recycle containers and it can be donated. Commissioner Joanne Talesfore  Commented on the Police Department’s (PD’s) comment in the staff report about generally not supporting additional locations for alcohol sales and asked what benefit this will provide to the Town.  Asked what type of wine will be sold. Dan Kramer  Commented that the benefit will be to the customers who are looking for beer and wine sales and it is a convenience that Walgreen’s wants to provide to its customers.  Commented that Walgreen’s plans to sell many of the familiar brands of wine along with Colby Red that gives proceeds to the Heart Foundation. Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Planning Commission Minutes Page 4 December 14, 2011 Commissioner Thomas O’Donnell  Asked if the security camera system requirement alleviates the PD's concerns. Commissioner Joanne Talesfore  Asked if Safeway was required to have a security camera for alcohol sales. Associate Planner Jennifer Savage  Commented that the PD has the same concerns with any application that includes alcoholic beverage service. The camera installation requirement in this application alleviates PD’s concern.  Commented that a security camera was a Condition of Approval for the recently newly- constructed Safeway on N. Santa Cruz Avenue. Vice Chair Marcia Jensen  Confirmed with staff that a finding of Community Benefit is not required for approval of this application. Motion by Vice Chair Marcia Jensen and seconded by Commissioner John Bourgeois to approve Conditional Use Permit U-11-015 subject to the conditions as noted in Exhibit 3 of staff report dated December 14, 2011, with the added conditions that no employee under the age of 21 would be stocking or selling beer and wine, and that 18 feet of the store and one beer cooler will be dedicated to selling beer and wine. The required findings were made as noted in Exhibit 2 of staff report dated December 14, 2011. Vice Chair Marcia Jensen  Commented that she thinks it is fair to allow Walgreen’s to compete on the same playing field as Safeway which the Town allowed to have a pharmacy, a florist, a Starbucks and a bank. Commissioner John Bourgeois  Asked if Vice Chair Jensen would include in her motion no sale of single and no malt liquor. Vice Chair Marcia Jensen  Confirmed that she approved of the condition and added it to the motion.  Commented that Mr. Kramer also commented that there would be no fortified wine. Motion carried 5-2 with Commissioner Margaret Smith and Commissioner Joanne Talesfore dissenting. Planning Manager Sandy Baily recited appeal rights. 3. 50 University Avenue, Suite A280. Conditional Use Permit U-11-014. Requesting approval to operate a formula retail store (Anthropologie) on property zoned C-2:LHP:PD. APN 529-02-044. PROPERTY OWNER: SRI Old Town, LLC. APPLICANT: David A. Levy & Associates. PROJECT PLANNER: Jennifer Savage. Planning Commission Minutes Page 5 December 14, 2011 Chair Marico Sayoc opened the public hearing. Associate Planner Jennifer Savage presented the staff report. Chair Marico Sayoc confirmed that none of the Commissioners had attended Anthropologie's community meeting. Ken Nemeth, Applicant, gave a presentation on the proposed project. Commissioner Joanne Talesfore  Asked when the store will open.  Asked if Anthropologie plans to hire locally.  Asked for further explanation on the small concept store.  Asked if there will be catalog sales. Ken Nemeth  Commented that construction will begin in March 2012 and they will open in July 2012.  Commented that they will be hiring locally.  Commented this is a new concept for Anthropologie and they will target what works for the local consumer of a smaller community.  Commented that the store will offer an edited version of what is offered in the catalog, but catalog sales are a separate aspect of the business. Commissioner Margaret Smith  Asked about the Sunday hours of operation and encouraged applicant to consider extending the closing time.  Asked about the use of the patio.  Asked about staffing levels.  Asked for the meaning of Anthropologie. Ken Nemeth  Commented that 11:00 a.m. to 5:00 p.m. on Sunday is typical store policy nationwide.  Commented that the patio is shared among three tenants. They will be putting plants on the patio along with some merchandise for visual purposes.  Commented that they will have 15-20 employees during non-peak and about 30 during the holidays.  Commented that the meaning of Anthropologie comes from the founder who took anthropology courses in college and has a love for French country style. Chair Marico Sayoc  Asked if they plan to incorporate the same variety of merchandise as their other stores.  Asked if they plan to offer men's clothing. Planning Commission Minutes Page 6 December 14, 2011 Ken Nemeth  Commented that they will provide the same percentage and level of merchandise as their other stores on a smaller scale.  Commented that they tried selling men's clothing for about two years but they never got it right so the store will be geared toward women. Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Motion by Commissioner Joanne Talesfore and seconded by Commissioner Margaret Smith to approve Conditional Use Permit U-11-014 subject to the conditions as noted in Exhibit 3 of staff report dated December 14, 2011. The required findings were made as noted in Exhibit 2 of staff report dated December 14, 2011. Commissioner John Bourgeois  Commented that he will reluctantly support the motion. He believes this is a good fit for the space but he has a concern about the amount of formula retail, specifically women’s apparel, in Old Town.  Commented that this decision would have been easier if he knew the master plan for the entire building. Commissioner Joanne Talesfore  Commented that Anthropologie does sell merchandise beyond clothing for women. Motion carried 7-0. Planning Manager Sandy Baily recited appeal rights. 4. 16213 Los Gatos Boulevard. Architecture and Site Applications S-11-065 through S-11- 086. Requesting approval to construct 22 new single-family residences within an approved Planned Development on property zoned CH:PD. APNs 529-18-031 and 055. PROPERTY OWNER: Margaret R. Bishop. APPLICANT: Santa Clara Development Co. PROJECT PLANNER: Suzanne Davis. Commissioner Joanne Talesfore recused herself from Item #4 because she and her husband have a business relationship with the applicant and her husband serves on the board of directors in the development where they live. Chair Marico Sayoc opened the public hearing. Senior Planner Suzanne Davis presented the staff report. Mark Robson, Applicant, gave a presentation on the proposed project. Commissioner Margaret Smith  Asked if there are sidewalks on the private street. Planning Commission Minutes Page 7 December 14, 2011  Asked about the stone wall. Mark Robson  Commented that there are sidewalks all around the project but not on the private street.  Commented that the stone wall goes all along Los Gatos Boulevard and wraps around part of Roberts Road and Mitchell Avenue. Commissioner John Bourgeois  Asked if the prominent tree on the corner will be saved. Mark Robson  Commented that it is their goal to protect and save the tree if possible. Chair Marico Sayoc  Asked about the safety of children crossing the street near Lots 21 and 22.  Asked about the height of the rock wall and if there is a concern about skateboarding.  Asked about the concern of headlights shining into the front rooms of Lots 21 and 22.  Asked about living space over the garage on Lots 2, 4, 5 and 7.  Asked about construction management and if parking will be affected.  Asked about the notification of neighbors during construction.  Asked if the off-site BMP (Below Market Price) unit location has been designated. Mark Robson  Commented that there are large setbacks on Lots 21 and 22 that could be designed to accommodate a crowd and will provide safety for children crossing the street.  Commented that the rock wall is 30 inches high and will be stone which should discourage skateboarding.  Commented that heavy landscaping is planned in front of Lots 21 and 22 to diffuse the light. The front rooms will be kids’ bedrooms.  Commented that Lots 2, 4, 5 and 7 will have a flexible space over the garage that is not meant to be a living space. It can be used for storage, a study or home office. It could have a powder bath.  Commented that during construction, there will be specific hours for deliveries and one side of the project will be built before the other side begins. They intend to install all of the public improvements up front all around the site including sidewalks and a solid barrier for construction staging. Parking will temporarily be affected during the improvements, but they will limit the impact as much as possible.  Commented that they designate staff to ensure that the neighbors are informed and have a contact person for questions during construction.  Commented that they have not yet designated the location of the off-site BMP unit. Senior Planner Suzanne Davis  Commented that the off-site unit shall be approved by the Town Council prior to issuance of any building permits, per the Planned Development Ordinance. Planning Commission Minutes Page 8 December 14, 2011 Commissioner Margaret Smith  Asked about the sidewalk width along Lots 18, 19 and 20. Pete McMorrow, Civil Engineer  Commented that the sidewalks along Lots 18, 19 and 20 are eight feet wide. The other section of sidewalk is 10 feet wide. Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Motion by Commissioner Thomas O'Donnell and seconded by Commissioner Charles Erekson to approve Architecture and Site Applications S-11-065 through S-11-086 subject to the performance standards as noted in Exhibit 3 and conditions as noted in Exhibit 4 of staff report dated December 14, 2011. The required findings were made as noted in Exhibit 2 of staff report dated December 14, 2011. Commissioner Charles Erekson  Confirmed with Commissioner O’Donnell that the applicant intended to incorporate site plan revisions as noted in Desk Item #4. Commissioner Thomas O’Donnell  Commented that the motion should include the site plan revisions in Desk Item #4. Vice Chair Marcia Jensen  Commented that she will only be supporting the motion because the Commission is looking at exteriors, landscaping, and materials. She is concerned about dense housing developments all along Los Gatos Boulevard that contain too many houses in too little space. Commissioner John Bourgeois  Commented that he had concerns about the density and the off-site BMP unit, but he will be supporting the motion and complimented the applicant on the attention to detail and the diversity for architecture and site. Commissioner Charles Erekson  Complimented the applicant on the reduction on the actual footprints and creating additional open space. Motion carried 6-0 with Commissioner Joanne Talesfore recused. Planning Manager Sandy Baily recited appeal rights. CONTINUED OTHER BUSINESS -- NONE Planning Commission Minutes Page 9 December 14, 2011 NEW OTHER BUSINESS 5. Report from Director of Community Development a. Planning Manager Sandy Baily reported that Town Council upheld the Planning Commission’s decision to approve the application for 100 Constances Court (Linda Avenue development). 6. Commission Matters a. Commissioner Charles Erekson noted that, on behalf of the Planning Commission, he wanted to extend congratulations to Associate Planner Marni Moseley on the birth of her daughter. ADJOURNMENT Meeting was adjourned at 8:23 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, December 14, 2011 ___________________________________________ Marico Sayoc, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Sandy L. Baily Planning Manager