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Draft Mins 04.11.12Planning Commission Minutes Page 1 April 11, 2012 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, APRIL 11, 2012 Vice Chair Charles Erekson called the meeting to order at 7:00 p.m. ROLL CALL Present: Vice Chair Charles Erekson, Commissioner John Bourgeois, Commissioner Thomas O'Donnell, Commissioner Marico Sayoc, and Commissioner Margaret Smith. Absent: Chair Marcia Jensen and Commissioner Joanne Talesfore. Others: Town Attorney Judith Propp, Planning Manager Sandy Baily, Associate Planner Jennifer Savage, Associate Civil Engineer Maziar Bozorginia, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Thomas O'Donnell. APPROVAL OF MINUTES OF MARCH 14, 2012 Motion by Commissioner Thomas O'Donnell and seconded by Commissioner John Bourgeois to approve meeting minutes of March 14, 2012. Motion carried 5-0 with Chair Marcia Jensen and Commissioner Joanne Talesfore absent. WRITTEN COMMUNICATIONS - NONE REQUESTED CONTINUANCES - NONE SUBCOMMITTEE REPORTS - NORTH 40 SPECIFIC PLAN UPDATE General Plan Committee -- Commissioner Marico Sayoc reported that the committee met today to review modifications to the Town's codification of the State Density Bonus Law and Planning Commission Minutes Page 2 April 11, 2012 continued review of the Affordable Housing Overlay Zones Design Guidelines and Development Standards for the Southbay and Oka Road sites. North 40 Specific Plan Advisory Committee -- Commissioner John Bourgeois reported that the committee met on March 29 to review uses compatible with the North 40 Vision Statement. Historic Preservation Committee -- Commissioner Charles Erekson reported that the committee met this afternoon and approved an Architecture and Site application for exterior modifications at 45 W. Main Street. VERBAL COMMUNICATIONS (AUDIENCE) - NONE CONSENT CALENDAR - NONE CONTINUED PUBLIC HEARINGS - NONE NEW PUBLIC HEARINGS 1. 640 Blossom Hill Road - Conditional Use Permit U-11-016. Requesting approval to operate a restaurant (Chipotle Mexican Grill) with outdoor seating and alcoholic beverage service on a property zoned CH (portion of the former Hollywood Video space). APNs 529-16-047 and 529-16-054. PROPERTY OWNER: Blossom Hill Pavilion, LLC. APPLICANT: Harlan Faust of Chipotle Mexican Grill. PROJECT PLANNER: Jennifer Savage. Vice Chair Charles Erekson opened the public hearing. Associate Planner Jennifer Savage commented that she did not have anything to add to the staff report. Commissioner Thomas O'Donnell  Asked if staff has reviewed the offer to expand parking. Associate Planner Jennifer Savage  Commented that staff did not evaluate the offer to expand parking because it does not make full evaluations for Community Benefits. Staff did bring up the concern about the number of parking spaces but did not suggest a number. Commissioner John Bourgeois  Asked if there was an increase in proportional parking that may affect a future tenant of the remaining space. Associate Planner Jennifer Savage  Commented that the parking did slightly change proportionally; however, the remaining square footage can be occupied with retail without any concerns about parking. Planning Commission Minutes Page 3 April 11, 2012 Commissioner Thomas O’Donnell  Asked if a restaurant rather than retail could be approved for the remainder of the building. Associate Planner Jennifer Savage  Commented that a restaurant could be approved but they would be limited to a certain number of seats based on the remaining parking spaces. Harlan Faust, Applicant, gave a presentation on the proposed project. Commissioner Margaret Smith  Asked about the outdoor seating configuration.  Asked about the window space that fronts Blossom Hill Road.  Asked about signage. Harlan Faust  Commented that the outdoor seating will be adjacent to the storefront and there is 17 feet from the edge of the tables to the curb for walking space. People can walk between seating and the planters.  Commented that the window space will have a mural or product shot for Chipotle.  Commented that there will be two signs. One sign will face the parking lot and the other is a push through sign that will replace a portion of the existing Hollywood Video sign. They were asked to remove signage from tonight’s presentation because it is handled through a different process. Commissioner Thomas O’Donnell  Asked for information about the liquor license. Harlan Faust  Commented the liquor license will allow beer, wine and hard alcohol. They only plan to serve beer and margaritas. Alcoholic drinks will be listed on the menu board, but they are not pushed or advertised. The only place you will see it will be in the small display case and the refrigerated case. Alcohol will not be served or allowed outside. Chipotle has a detailed training regimen for food production and alcohol service.  Reiterated that parking ratio was discussed with staff and Chipotle will rework the former loading dock to gain one additional parking space and that Community Development staff will rework the landscape to improve circulation for cars. Commissioner Thomas O’Donnell  Asked for clarification on the landscaping proposal. Harlan Faust  Commented that they hope to improve circulation rather than gain parking stalls by lowering the grade on 29 stalls. The curb line will remain the same. Planning Commission Minutes Page 4 April 11, 2012 Commissioner Marico Sayoc  Asked why this location if desirable. Harlan Faust  Commented that Chipotle has been looking at Los Gatos for a long time and believe this store can be successful. Competition is not a concern and they are confident about the location. Commissioner Margaret Smith  Asked if Chipotle has a rapid turnover of cars with takeout business. Harlan Faust  Commented that takeout is a big portion of the business. Vice Chair Charles Erekson  Asked about Condition #7 in Exhibit 3 and the service of wine. Harlan Faust  Commented that there is no reason to include wine. Commissioner Thomas O'Donnell  Asked if the Commission has any authority to limit the type of alcohol served. Associate Planner Jennifer Savage  Commented that the conditions in the Conditional Use Permit (CUP) will be stricter. Wine could be deleted from the condition. Harlan Faust  Commented that Condition #7 includes wine because the Type 47 State license includes wine in the licensing. Chipotle would not have a problem if the Town wants to restrict wine service since they do not serve wine. Town Attorney Judith Propp  Commented that generally the Commission cannot impose its own limitations on a State license. Since the applicant has offered to voluntarily restrict the conditions of their license, the Commission can accept the offer and incorporate the restriction into the Conditions of Approval. Harlan Faust  Commented that Chipotle would be happy to restrict its license to the sale of beer and margaritas. Vice Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Planning Commission Minutes Page 5 April 11, 2012 Commissioner Margaret Smith  Commented that this is an unusual building for Los Gatos and the huge Hollywood Video sign has always seemed out of place. Signage for other businesses has been softened and she is concerned about the Chipotle sign atop that building. Planning Manager Sandy Baily  Commented that signage is restricted by Town Code and Commercial Design Guidelines and that only 25 percent of a window can be signage. Staff will take the Commission's comments into consideration. Commissioner Marico Sayoc  Commented she would like to second Commissioner Smith’s concern about signage, particularly the location of the sign. Commissioner John Bourgeois  Commented that he would like to include his concerns about signage on this corner. Motion by Commissioner John Bourgeois and seconded by Commissioner Thomas O'Donnell to recommend approval of Conditional Use Permit U-11-016 to Town Council subject to the conditions as noted in Exhibit 3 of staff report dated April 11, 2012, with the revision to strike the word "wine" from Condition #7. The required findings were made as noted in Exhibit 2 of staff report dated April 11, 2012. Motion carried 6-0 with Chair Marcia Jensen and Commissioner Joanne Talesfore absent. CONTINUED OTHER BUSINESS - NONE NEW OTHER BUSINESS 2. Report from Director of Community Development a. Planning Manager Sandy Baily reported that Town Council upheld the decision of the Planning Commission and denied the appeals of 339 and 341 Bella Vista Avenue. b. Planning Manager Sandy Baily reported that staff discussed the undergrounding of utilities and determined that the findings that the Commission made for 16380 Oleander Avenue was site specific and adequate and can be used for future applications. 3. Commission Matters a. Commissioner John Bourgeois asked about the outcome of the meeting that the Mayor had with the Chairs of Commissions and Committees. Planning Commission Minutes Page 6 April 11, 2012 Commissioner Charles Erekson commented that the meeting was an opportunity to communicate with the Chairs on how meetings should be conducted, a discussion about how cross fertilization between committees could flow back and forth, a discussion on strategic goals, and an opportunity to talk about what was going on with each committee. Town Attorney Judith Propp commented that both the Mayor and Vice Mayor participated and shared their thoughts on process and code of conduct. b. Commissioner Marico Sayoc commented that she was not representing the Commission, but she attended the Los Gatos Union School District Board Meeting where it voted not to proceed with improvements to Lexington School. One of the issues is where to house the 200-plus students and faculty. Commissioner Thomas O'Donnell commented that the State had raised an issue about the seismic situation of the school and it does not look good at this point. Commissioner Marico Sayoc commented that the Board voted to stop talks with the State. Commissioner Charles Erekson noted that he was not representing the Commission at the meeting but that he believed the District’s future talks with CGS (California Geological Survey) would be for the purpose of future plans for that site by the District. ADJOURNMENT Meeting was adjourned at 7:50 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, April 11, 2012 ___________________________________________ Charles Erekson, Vice Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Sandy L. Baily Planning Manager