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