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Draft Mins 03.14.12Planning Commission Minutes Page 1 March 14, 2012 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, MARCH 14, 2012 Chair Marcia Jensen called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Marcia Jensen, Vice Chair Charles Erekson, Commissioner John Bourgeois, Commissioner Thomas O'Donnell, Commissioner Marico Sayoc, Commissioner Margaret Smith, and Commissioner Joanne Talesfore. Absent: None Others: Town Attorney Judith Propp, Planning Manager Sandy Bail y, Senior Planner Suzanne Avila, Associate Planner Jennifer Savage, Assistant Civil Engineer Trang Tu-Nguyen, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Chair Marcia Jensen. APPROVAL OF MINUTES OF FEBRUARY 8, 2012 Motion by Commissioner John Bourgeois and seconded by Commissioner Marico Sayoc to approve meeting minutes of February 8, 2012. Motion carried 6-0 with Chair Marcia Jensen abstaining. Chair Marcia Jensen noted that she abstained from voting on the minutes because she recused herself from the main item on the February 8 meeting agenda. WRITTEN COMMUNICATIONS Chair Marcia Jensen noted that there is a desk item for Item #3 and for Item #6. Planning Commission Minutes Page 2 March 14, 2012 REQUESTED CONTINUANCES -- ITEM #5 Motion by Vice Chair Charles Erekson and seconded by Commissioner John Bourgeois to grant continuance of Item #5 (16828 Kennedy Road) to April 25, 2012. Motion carried 7-0. SUBCOMMITTEE REPORTS General Plan Committee -- Commissioner John Bourgeois reported that the committee met tonight to discuss affordable housing on the Former County Courthouse site. Conceptual Development Advisory Committee -- Commissioner Thomas O’Donnell reported that the committee met today to consider a proposed development on Alberto Way to demolish existing office buildings and construct housing. VERBAL COMMUNICATIONS (AUDIENCE) Barbara Dodson  Commented that she lives on Marchmont Drive and has concerns about Hillbrook School’s past and likely future violations of its CUP (Conditional Use Permit).  Commented that Hillbrook’s future expansion is also a concern due to the increase in student population, faculty and staff, and traffic. Planning Manager Sandy Baily  Commented that that there is no date set for the Hillbrook School application and that the school will not be doing the same summer program. CONSENT CALENDAR Chair Marcia Jensen noted that the Consent Calendar items will be voted on separately because Commissioner Sayoc will be recusing herself from Item #1 and Commissioner Smith has a question on Item #3 and wants to reserve her right to pull the item if she does not get adequate clarification. 1. *220 Carlton Avenue (Live Oak Manor Park Master Plan). Conditional Use Permit U- 12-003. Requesting approval for the Live Oak Manor Park Master Plan on property zoned RC. APNs 424-16-019 and 424-16-041. PROPERTY OWNER: Town of Los Gatos. APPLICANT/PROJECT PLANNER: Parks and Public Works Department. Motion by Commissioner Joanne Talesfore and seconded by Commissioner John Bourgeois to approve Consent Item #1. Motion carried 6-0 with Commissioner Marico Sayoc recused. Planning Commission Minutes Page 3 March 14, 2012 Commissioner Marico Sayoc noted that she is recusing herself because she lives within 500 feet of the subject property. 2. *13 N. Santa Cruz Avenue. Conditional Use Permit Modification U-11-019. Requesting approval to modify a Conditional Use Permit to change the hours of operation for a restaurant (previously known as Happy Yogurt) on property zoned C-2:LHP. APN 510-44- 077. PROPERTY OWNER: La Canada Investments LLC. APPLICANT: Anthony Miller (Amour Patisserie). PROJECT PLANNER: Heather Bradley. Motion by Vice Chair Charles Erekson and seconded by Commissioner Thomas O'Donnell to approve Consent Item #2. Motion carried 7-0. Chair Marcia Jensen noted that Consent Item #3 was pulled from the Consent Calendar. Item #3 will be heard under New Public Hearings. CONTINUED PUBLIC HEARINGS 4. 15220 Oak Ridge Way. Architecture and Site Application S-11-059. Requesting approval to construct a new single family residence on a vacant lot zoned R-1:20. APN 424-30- 120. PROPERTY OWNER/APPLICANT: Robert Herzig. PLANNER: Jennifer Savage. (Continued from 1/25/12). Chair Marcia Jensen opened the public hearing and asked Associate Planner Jennifer Savage if she had anything to add to the staff report. Associate Planner Jennifer Savage  Commented that she did not have anything to add to the staff report. Rick Ardizzone, Realtor on behalf of Applicant, gave a presentation on the proposed project; specifically the reduction of the bulk and mass of the house and an overview of the proposed landscaping plan. Mary Keith Osborne  Commented that she lives on Wild Way and has been a 72-year resident of the Vasona Heights subdivision. She is opposed to the proposed development because it will impact the rural nature of the subdivision and will stop the flow of the seasonal creek that flows through her property.  Commented that the drain pipes from the Oak Ridge Way property have not been addressed. Commissioner Marico Sayoc  Asked about the adequacy of landscape screening and if the issues have been resolved with the neighbors. Planning Commission Minutes Page 4 March 14, 2012 Robert Herzig, Applicant  Commented that privacy issues have been resolved with the neighbors.  Referred to Exhibit 12 regarding the surveyance of the Oak Ridge Way property. Commissioner Joanne Talesfore  Asked about removal of the 36 inch pine and if it will be replaced in the front of the property. Robert Herzig  Commented that they would consider planting something in the front. Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Marico Sayoc  Thanked the applicant for making the changes requested at the last meeting. Motion by Commissioner Marico Sayoc and seconded by Commissioner Joanne Talesfore to approve Architecture and Site Application S-11-059 subject to the conditions as noted in Exhibit 10 of staff report dated March 14, 2012. The required findings were made as noted in Exhibit 2 of staff report dated January 25, 2012. Commissioner Joanne Talesfore  Asked the maker of the motion to include a condition to add larger trees in the front to soften the house and keep the rural character. Commissioner Marico Sayoc  Agreed to Commissioner Talesfore's amendment to the motion. Commissioner Thomas O'Donnell  Confirmed that the amendment to the motion is for one tree. Commissioner Joanne Talesfore  Commented that replacement trees are stated in Condition #8 but she wants to add the one 24-inch box tree to the Condition. Motion carried 7-0. Planning Manager Sandy Baily recited appeal rights. 5. 16828 Kennedy Road. Architecture and Site Application S-11-096. Requesting approval to construct a new second story on a single-family residence on property zoned R-1:8. APN 532-35-076. PROPERTY OWNER: Hillbrook School. APPLICANT: Kim Midstokke. PROJECT PLANNER: Jennifer Savage. (Continued from 1/25/12 and 2/22/12). Continuance granted to April 25, 2012. See Requested Continuances above. Planning Commission Minutes Page 5 March 14, 2012 NEW PUBLIC HEARINGS (Heard out of order) 3. 201 N. Santa Cruz Avenue. Conditional Use Permit Modification U-12-001. Requesting approval to expand a formula retail business (Mike’s Bikes) into a downtown commercial space currently occupied by a personal service business (Jigsaw Salon) on property zoned C-2. APN 510-17-046. PROPERTY OWNER: Bud and Nancy Christensen. APPLICANT: Mike’s Bikes/Ken Martin. PROJECT PLANNER: Jennifer Savage. (Continued from 1/25/12). Chair Marcia Jensen opened the public hearing. Commissioner Margaret Smith  Asked about the status of Mike's Bikes as a formula retailer and if that address will be locked in as formula retail forever.  Commented that she is concerned that the Town is setting a precedent for other formula retailers to take over prominent corners. Planning Manager Sandy Baily  Commented that, if approved, the CUP is solely for the sale of bicycles and bicycle accessories. A different type of formula store would require a new CUP.  Commented that Mike’s Bikes in its existing space is a formula retail but it does not have a formula retail CUP because initially the retailer did not qualify as a formula retailer. Commissioner Thomas O'Donnell  Asked if this is a modification changing the original space. Associate Planner Jennifer Savage  Commented that there was no CUP required for the original space. This CUP would cover both spaces for a formula retail bicycle shop. Town Attorney Judith Propp  Commented that what triggered the application for both suites is that the applicant is expanding its use affecting both suites. Commissioner Joanne Talesfore  Asked if Condition #4 could be modified to name the store. Town Attorney Judith Propp  Commented that the retailer cannot be named in the CUP because a CUP runs with the land rather than the occupant. Chair Marcia Jensen closed the public input portion of the public hearing and returned to the Commission for deliberations. Planning Commission Minutes Page 6 March 14, 2012 Motion by Commissioner Thomas O'Donnell and seconded by Commissioner Marico Sayoc to approve Conditional Use Permit Modification U-12-001 subject to the conditions as noted in Exhibit 3 of staff report dated March 14, 2012. The required findings were made as noted in Exhibit 2 of staff report dated March 14, 2012. Commissioner Margaret Smith  Commented that she will not be supporting the motion because the applicant is not present to answer her questions on the intended use of the space. Motion carried 6-1 with Commissioner Margaret Smith dissenting. 6. 16380 Oleander Avenue. Architecture and Site Application S-12-002. Consider an appeal of a Development Review Committee decision approving the demolition of a single family residence and construction of a new residence, specifically the condition requiring utilities to be placed underground on property zoned R-1:8. APN 523-14-049. PROPERTY OWNER/APPELLANT: Jim & Dana Elliott. APPLICANT: Mike Rowe, Britt Rowe. PROJECT PLANNER: Suzanne Avila (Davis). Chair Marcia Jensen opened the public hearing and asked Senior Planner Suzanne Avila if she had anything to add to the staff report. Senior Planner Suzanne Avila  Clarified that the findings in Exhibit 2 are the findings made by the DRC (Development Review Committee) to approve the application and the one finding that was added was language regarding the requested waiver to underground utilities. That particular finding was written for granting the waiver based on the applicant’s rationale. If the Commission decides not to grant the waiver, it should not use the language drafted by staff. Chair Marcia Jensen  Confirmed that the only consideration is the undergrounding of the utilities. Senior Planner Suzanne Avila  Commented that the undergrounding of utilities is the condition that has been appealed by the property owner. However, when an appeal is filed, anything that is part of the application is open for discussion. Jim Elliott, Appellant (Property Owner), gave a presentation on the proposed appeal. Commissioner John Bourgeois  Asked about the location of the power pole.  Asked for clarification on the configuration for undergrounding the utilities. Mike Rowe, Applicant  Commented that the pole is further south down Orange Blossom Lane. The poles closest to the property do not have transformers. Planning Commission Minutes Page 7 March 14, 2012  Referred to an overhead slide to clarify the undergrounding configuration. Commissioner Marico Sayoc  Asked about the deferral program and if it was discussed with staff. Jim Elliott  Commented that he reached an agreement with the Parks and Public Works Department to do a deferral agreement fee whereby in the event that the entire neighborhood decides to put in sidewalks, he would be required to pay his fair share. He is proposing a compromise for a similar resolution to the undergrounding requirement. Town Attorney Judith Propp  Clarified that during project approval at the DRC, the applicant was required to provide a sidewalk and gutter. There is a provision in the Town Code that allows the Director of Public Works to approve the applicant to enter into a Deferred Improvement Agreement with the Town for later improvements. The problem with the Underground Ordinance is that it does not give that discretion to staff so it needed to come before the Planning Commission. Mary Roach  Commented that she lives two houses from the subject property and she is in support of not undergrounding the utilities because it is a large burden to put on one property owner and the digging would disrupt the neighborhood properties.  Commented that the Blossom Hill Manor population has repeatedly voted about annexation to Los Gatos. She was never notified that properties were being annexed into Los Gatos.  Commented that making people pay for sidewalks and power lines is not in the character for that section of town. Commissioner Margaret Smith  Asked where the applicant got the cost estimate of $10,000-$20,000 for undergrounding utilities.  Asked if the cost would include undergrounding for the entire neighborhood. Jim Elliott  Commented the contractor gave him an estimate on trenching for undergrounding.  Commented that the estimate was for his property only. Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Marico Sayoc  Asked for clarification if the deciding body can use the deferral program. Town Attorney Judith Propp  Commented that there is no deferral program for undergrounding so the Commission would need to make findings to support a deferral. Planning Commission Minutes Page 8 March 14, 2012 Motion by Commissioner Thomas O'Donnell and seconded by Commissioner John Bourgeois to grant the appeal of Architecture and Site Application S-12-002 subject to the revised conditions in Exhibit 4 of staff report dated March 14, 2012. The required findings were made, including the findings to support a waiver of the utility undergrounding requirement, as noted in Exhibit 2 of staff report dated March 14, 2012. The appellant will enter into a Deferral Agreement for undergrounding utilities at such time that a significant number of the neighbors are required to do so. Commissioner Thomas O’Donnell  Commented that his motion modifies the requirements because the utility undergrounding requirement is deemed inappropriate. The appellant should enter into a Deferral Agreement similar to the other Deferral Agreement where at such time that a significant number of the neighbors should have to underground the utilities than this property would also be required to do so. The trenching of this distance seems unreasonable for the appellant. Commissioner John Bourgeois  Commented that he would like to add a finding that undergrounding is unreasonable and an undue hardship on surrounding neighbors. Commissioner Joanne Talesfore  Commented that she supports the motion and that anything else in this case would be unreasonable. Vice Chair Charles Erekson  Asked about any deferrals or requirements enforced on the other properties in the area as they were being annexed. Senior Planner Suzanne Avila  Commented that undergrounding would have been required if it was a tear down and rebuild of a new residence and she has not seen any exceptions made in those cases. Typically the Town only annexes when there is a tear down and rebuild. The County has an Undergrounding Ordinance but it does not apply it uniformly. Commissioner Thomas O’Donnell  Commented that there was a mistake made and to have this property owner pay these costs would be unreasonable. He believes that the estimate of $10,000-$20,000 is accurate. Commissioner Marico Sayoc  Asked if staff will work out details on the deferral. Town Attorney Judith Propp  Commented that there was a trigger on the other improvements and staff will make those consistent. Planning Commission Minutes Page 9 March 14, 2012 Commissioner Thomas O’Donnell  Commented that the triggers would relate to the requirement for sidewalks and gutters and undergrounding of utilities for adjacent properties. At such time this property would have the same requirement. Chair Marcia Jensen  Confirmed with Commissioner O'Donnell that the motion would track the triggers that are in the sidewalk deferral.  Commented that she supports the motion because she thinks it is reasonable. However, she is a huge advocate of undergrounding and would like the Town to do something proactive to get undergrounding. Commissioner Thomas O’Donnell  Commented that he agrees with Chair Jensen and he understands that the Town supports undergrounding, but that this case is not typical. He would not ordinarily support waivers. Commissioner Marico Sayoc  Commented that in this case it is not a complete waiver but rather a compromise. The undergrounding will eventually happen, but not at the applicant’s sole expense. Motion carried 6-1 with Vice Chair Charles Erekson dissenting. Assistant Civil Engineer Trang Tu-Nguyen  Asked for clarification on what staff should do for future similar projects. Chair Marcia Jensen  Commented that undergrounding of utilities will be put on a future agenda for discussion. Planning Manager Sandy Baily recited appeal rights. CONTINUED OTHER BUSINESS -- NONE NEW OTHER BUSINESS 7. Report from Director of Community Development a. Planning Manager Sandy Baily reported that on March 5, the Town Council took the following actions: 1) Adopted a vision statement for the North Forty. 2) Ratified the 2007-2014 Housing Element and made some minor changes. Dittos Lane was removed from the Affordable Housing Overlay Zone. The General Plan Committee will discuss where to relocate those lost units. Planning Commission Minutes Page 10 March 14, 2012 3) Adopted a resolution regarding the State Density Bonus and the Town’s Below Market Price Program. The Policy is to not apply the Town’s Density Bonus General Plan Policy when an applicant requests the State Density Bonus Program on residential projects. Chair Marcia Jensen noted that she has asked staff for regular updates on the North Forty. 8. Commission Matters a. Commissioner Marico Sayoc noted that Ray Davis (Citizen Ray) recently passed away and that his presence and advocacy will be remembered in regards to Los Gatos politics. b. Chair Marcia Jensen commented that there should be some reexamination of the Commercial Design Guidelines with respect to North Santa Cruz Avenue due to the numerous gas heaters, sandwich boards, outdoor seating, etc. There has not been a strict enforcement due to the economic situation. Commissioner Joanne Talesfore commented that she would like to explore the Guidelines as well because she has had numerous residents approach her regarding the plethora of outdoor seating and sandwich boards. Senior Planner Suzanne Avila commented that the A-frame signs are not permitted and enforced on a complaint-only basis. This is a code compliance issue that needs to be pursued. Commissioner Margaret Smith commented that she believes there was a relaxation of rules and regulations during the economic downturn. With the number of issues that have been raised, some analysis is needed to determine what needs to be fixed and what just needs to be enforced. Chair Marcia Jensen commented that she or someone on the Commission will speak to staff on how to pursue this issue. ADJOURNMENT The meeting was adjourned at 8:27 p.m. Planning Commission Minutes Page 11 March 14, 2012 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, March 14, 2012 ___________________________________________ Marcia Jensen, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Sandy L. Baily Planning Manager