Draft Mins 04.25.12Planning Commission Minutes Page 1 April 25, 2012
DRAFT
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, APRIL 25, 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, Associate Planner
Heather Bradley, Assistant Public Works Director Kevin Rohani, Associate Civil
Engineer Maziar Bozorginia, and Recording Secretary Linda Rowlett.
PLEDGE OF ALLEGIANCE
Led by Chair Marcia Jensen.
APPROVAL OF MINUTES OF APRIL 11, 2012
Motion by Commissioner John Bourgeois and seconded by Vice Chair Charles Erekson to
approve meeting minutes of April 11, 2012.
Chair Marcia Jensen and Commissioner Joanne Talesfore commented that they were absent
at the meeting on April 11, 2012, but that they have reviewed the materials and will be
participating in the vote.
Motion carried 7-0.
WRITTEN COMMUNICATIONS
Chair Marcia Jensen noted that there was a desk item for Item #2.
Planning Commission Minutes Page 2 April 25, 2012
REQUESTED CONTINUANCES - ITEM #1
Motion by Commissioner Marico Sayoc and seconded by Commissioner Joanne Talesfore to
grant continuance of Item #1 (16828 Kennedy Road) to a date uncertain.
Motion carried 7-0.
SUBCOMMITTEE REPORTS
General Plan Committee -- Commissioner John Bourgeois reported that the committee met
tonight and completed review of the Affordable Housing Overlay Zone Design Guidelines and
Development Standards for two sites on Oka Road. Next steps at the May meetings include
going through the Design Guidelines for Affordable Housing in the Town.
North 40 Specific Plan Advisory Committee -- Commissioner Marico Sayoc reported that the
committee met on April 24 to look at six categories of land use (residential, office, retail,
recreation, entertainment, and hotel) to see if they fit within the guiding principles set by Town
Council.
Historic Preservation Committee -- Commissioner Charles Erekson commented that the
committee met this afternoon and approved an Architecture and Site Application to allow cellar
and first floor additions at a residence at 245 Almendra Avenue.
VERBAL COMMUNICATIONS (AUDIENCE)
Christine Currie
Presented a tribute to Ray Davis (Citizen Ray) who recently passed away recalling that he
was a tireless champion of the hillsides and an amazing proponent of the Los Gatos
community. She noted his participation in Planning Commission meetings and talked about
some of the projects that were of particular interest to Mr. Davis. The Commission took a
moment of silence in remembrance of Mr. Davis.
Chair Marcia Jensen thanked Ms. Currie for her comments and the remembrance of Mr.
Davis.
Lee Quintana
Read an article from the San Jose Mercury News regarding the Los Gatos Business Park
development noting that an EIR (Environmental Impact Report) must be completed
before construction of the Albright Netflix project.
CONSENT CALENDAR - NONE
Planning Commission Minutes Page 3 April 25, 2012
CONTINUED PUBLIC HEARINGS
1. 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, 2/22/12, & 3/14/12).
Continuance granted to a date uncertain. See Requested Continuances above.
NEW PUBLIC HEARINGS
2. 14251 Winchester Boulevard - Conditional Use Permit U-11-020, Architecture & Site
Application S-11-091. Requesting approval to demolish an existing office building and
construct a new office building on property zoned C-1. APN: 406-30-011. PROPERTY
OWNER: Khojasteh Family Trust. APPLICANT: John Lien. PROJECT PLANNER:
Heather Bradley.
Chair Marcia Jensen opened the public hearing.
Associate Planner Heather Bradley
Referenced a list of questions from Lee Quintana and responses from staff regarding
primarily traffic impacts and tree removals. Copies were provided to the Commissioners and
staff.
Noted that a handicap access ramp was added to the front of the building subsequent to the
preparation of the staff report primarily affecting the landscape plan.
Corrected that several of the trees on site do not meet the threshold for ordinance protection.
Twenty trees will be removed, three will remain, and five are too small to qualify for
protection.
Commissioner Charles Erekson
Asked about setback requirements, if the proposed building is outside or inside of
the setbacks, and if the story poles are properly placed.
Associate Planner Heather Bradley
Commented that the setback is 15 feet to the property line. She could not speak to the story
poles. The building is at least 15 feet outside of the property line at the Knowles Drive side.
Commissioner Joanne Talesfore
Asked if the project is compatible with projects immediately adjacent to it.
Asked about landscape requirements that were not included.
Asked about the Community Benefit for the sidewalk upgrade.
Planning Commission Minutes Page 4 April 25, 2012
Associate Planner Heather Bradley
Commented that the project is compatible with other commercial and office projects in the
neighborhood. Residences were not taken into consideration.
Commented that there was a request for additional landscape enhancements that could not be
included because of the street and sidewalk improvements required along Knowles Drive.
Commented that there is an identified need in the General Plan for Knowles Drive
improvements at that intersection. The portion along Winchester Boulevard was not a
requirement, so the applicant is offering to widen the right turn lane onto Winchester Drive
as a Community Benefit.
Commissioner Thomas O'Donnell
Asked if there is a requirement that Commissioners read letters that are received after the
deadline has passed.
Town Attorney Judith Propp
Commented that the Commission must take in all communications, written or oral, until the
close of the public input portion of the hearing.
John Lien, Applicant (Project Architect), gave a presentation on the proposed project.
Commissioner Joanne Talesfore
Commented on the plethora of tower elements on this building and the corner building across
the street and asked the applicant about the thought process for the purpose of the tower.
Asked about the grade of the building.
John Lien
Commented that the building is meant to be a gateway or landmark building. The tower is
more identifiable and gives a visual connection as you travel down Winchester Boulevard as
an important building and that you are entering town.
Commented that they will be lowering the building pad by six to eight inches and there is a
five-foot slope from Capri Drive toward Winchester Boulevard so that the pad stays level as
it approaches Winchester Boulevard.
Chair Marcia Jensen
Expressed concern about the tower elements and asked if there is another way to articulate a
building without a tower and still be a gateway.
John Lien
Commented that it is possible to articulate a multi-story building, but they were limited on
how much in and out articulation they could do. The towers are the best solution for that site.
Commissioner Charles Erekson
Asked if there are functional reasons for the tower.
Planning Commission Minutes Page 5 April 25, 2012
John Lien
Commented that the towers provide the required simple form for the nature of the services
that the occupant will provide.
Commissioner Thomas O’Donnell
Asked how the applicant’s improvements will impact the traffic.
Asked where the stacking lane will be in relation to the driveway out of Vasona Station.
John Lien
Commented that they are making a right hand turn lane that runs along Knowles Drive that
provides a deeper stacking lane for cars wanting to turn right. They are also providing a
dedicated right hand lane on Winchester Boulevard as you turn right onto Knowles Drive.
Commented that the cars will not be stacked up as long waiting to make a right turn onto
Winchester Boulevard which will help the cars coming out of Vasona Station to get over to
the right turn lane.
Commissioner Margaret Smith
Asked if the peak hours during the day are driven by the medical shift hours of the hospital.
Commented that the towers are very imposing at that site and asked about the windows.
John Lien
Commented that he did not know about the hospital staff’s impact on traffic.
Commented on the tower elements showing which elevations had windows.
Commissioner Joanne Talesfore
Asked about the parapet screening the mechanical equipment and what the purpose is for
making it that tall.
John Lien
Commented that the mechanical equipment is in the middle of the building roof with a four-
foot tall screen. Larry Cannon (Town’s Consulting Architect) recommended that the wall
be stepped back five feet to give relief.
Chair Marcia Jensen
Asked if the building could be made smaller to accommodate two more parking spaces
to give the site more adaptability if there was a non-medical use for the building in the
future.
John Lien
Commented that it is not possible to add more parking spaces and moving the building or
making it smaller would not allow for additional spaces. It is a limitation that cannot be
changed and, if necessary in the future, a use would have to be found for a portion of the
building to keep it in compliance with the parking requirement.
Commissioner Charles Erekson
Asked about the decision to keep three entrances to the property.
Planning Commission Minutes Page 6 April 25, 2012
John Lien
Commented that he did not recall any discussions about eliminating one of the driveways,
but if the entrance on Capri Drive was eliminated it may allow for two more parking spaces.
He would be agreeable to doing that.
Commissioner Margaret Smith
Asked if the Winchester Boulevard entrance is ingress and egress and if that is necessary.
John Lien
Commented that the entrance on Winchester Boulevard is ingress and egress and is necessary
for functionality.
Commissioner Joanne Talesfore
Asked about the height of the interior walls.
Asked about the landscape plans as compared to Vasona Station.
John Lien
Commented that the height is 18 feet as prescribed by the major tenant because of all the
utilities that the medical use requires above the ceiling.
Commented that the landscaping was not intended to be similar to Vasona Station.
Chris Kankel, Landscape Architect
Commented that they are proposing more vertical elements to the planting with more texture
and color giving more impact. The trees have varying heights along Winchester Boulevard.
David Matsuo
Commented that he lives on Clearview Drive and owns the adjacent property on Capri Drive
and a business in Vasona Station.
Commented that a trash bin has been placed adjacent to his property on Capri Drive and he is
concerned about the type of waste that will be placed in that bin and the impact the trash bin
will have on the value of his property.
Commented that he is also concerned about drainage and how it will impact his property.
Commented that it is a beautiful project and will be a benefit to the medical community.
John Lien
Commented that they plan to address Mr. Matsuo’s issues. Medical waste is not allowed to
go into a public dumpster but the dumpster could be moved away from the property line and
they can add some landscape screening.
Commented that the drainage is not an issue. There is a swale continuous along the property
line which will slow down the water and allow it to dissipate on their property. They can
guarantee that drainage will not impact neighboring properties.
Commissioner Margaret Smith
Asked if there will be a fence next to the fruit stand.
Planning Commission Minutes Page 7 April 25, 2012
John Lien
Commented that there is no wall or fence planned next to the fruit stand.
Associate Planner Heather Bradley
Commented that a wall is not required because the property to the south is zoned commercial
even though it does have a single family home. She is not aware of any concerns by the
homeowner.
Commissioner Marico Sayoc
Asked if there have been any discussions with the adjacent homeowners.
John Lien
Commented that he is not aware of any concerns or discussions with the homeowner.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Thomas O’Donnell
Asked about exiting Vasona Station onto Knowles Drive to turn right onto Winchester
Boulevard.
Asked if the Town has looked at the exit from Vasona Station noting that a sign restricting
left turns would be helpful.
Assistant Public Works Director Kevin Rohani
Commented the two eastbound lanes are the major problems. The proposal is one additional
lane on Knowles Drive resulting in five lanes. The traffic signals will be synchronized which
will help the traffic flow.
Commented that Vasona Station is a private center. Most people exit the center directly
onto Winchester Boulevard. Enforcement of a sign restricting left turns onto Knowles Drive
would be difficult, but staff will look into it.
Commissioner Margaret Smith
Asked about traffic synchronization on Knowles Drive.
Assistant Public Works Director Kevin Rohani
Commented that the northbound left turn signal from Winchester Boulevard onto Knowles
Drive will be synchronized with the Capri Drive intersection.
Commented that the intersection at Winchester Boulevard and Knowles Drive operates at
Level D and the improvements will improve the level of service by almost 25 percent which
will help facilitate the flow of traffic.
Commissioner Joanne Talesfore
Asked how extending the right turn lane on Knowles Drive will benefit the cars exiting the
project to turn left onto Winchester Boulevard.
Planning Commission Minutes Page 8 April 25, 2012
Assistant Public Works Director Kevin Rohani
Commented that the driveway serves as ingress and egress for the site. Coming out of the
driveway to turn left onto Winchester Boulevard is a function of the time of day and flow of
traffic.
Commissioner Thomas O’Donnell
Asked about three exits versus two exits noting that the exit onto Knowles Drive may be
hazardous.
Asked for Mr. Rohani’s position on the exits.
Assistant Public Works Director Kevin Rohani
Commented that the Knowles Drive exit can be problematic at certain times of the day. A
right in/right out could be entertained, if recommended.
Commented that he would recommend the right in/right out of Knowles Drive as a Condition
of Approval.
Chair Marcia Jensen
Asked if the addition of the eastbound lane on Knowles Drive in the CIP (Capital
Improvement Program) is part of Albright.
Associate Civil Engineer Maziar Bozorginia
Commented that the addition of the eastbound land on Knowles Drive is a CIP project and is
not correlated with any other project. It is strictly a LOS (Level of Service) project.
Motion by Chair Marcia Jensen and seconded by Commissioner Margaret Smith to
continue Conditional Use Permit U-11-020 and Architecture & Site Application S-11-091 to
May 23, 2012, for a redesign of the tower elements, a site circulation plan, the addition of two
parking spaces, and for articulation of the landscape plan.
Commissioner Thomas O’Donnell
Commented that he is confused by so much discussion about the design of the building and is
unsure of where the other Commissioners stand.
Commissioner Joanne Talesfore
Commented that she supports the motion and that not all landmark buildings have towers.
She does not want to see Winchester Boulevard as a wall with two turrets at the end. The
project should complement Vasona Station and fit into the scale of the adjacent property.
Commissioner Marico Sayoc
Commented that she would like to support the motion and would like to remind the applicant
to show additional trash screening.
Motion carried 5-1 with Commissioner John Bourgeois dissenting and Commissioner Thomas
O'Donnell abstaining.
Planning Commission Minutes Page 9 April 25, 2012
Commissioner Thomas O’Donnell
Commented that he is abstaining because he does not understand the scope of the
Commission’s ability on the motion to redesign the project and he does not feel fully
advised to support or oppose the motion.
CONTINUED OTHER BUSINESS - NONE
NEW OTHER BUSINESS
3. Consider Capital Improvement Program Projects for Fiscal Year July 1, 2012 to June 30,
2017 - Parks and Public Works.
Chair Marcia Jensen opened the public hearing.
Assistant Public Works Director Kevin Rohani gave an overview of the Capital Improvement
Program projects for Fiscal Year July 1, 2012 to June 30, 2017.
Commissioner Margaret Smith
Asked about the Sports Park and the fence that was put up next to the neighboring business.
Asked about crosswalk improvements.
Assistant Public Works Director Kevin Rohani
Commented that the fence is a piece of railing that was put up for safety by the Building
Department.
Commented that there is not a specific project for crosswalks. However, whenever a
CIP project is done, crosswalks are included as part of the project. Staff discourages mid-
block crossings due to operational enforcement and maintenance.
Commissioner Charles Erekson
Asked about the possibility of putting a skinny island on Knowles Drive from Capri Drive to
Winchester Boulevard to help traffic flow.
Assistant Public Works Director Kevin Rohani
Commented that a two-tier system would be considered. First a right in/right out would be
put into place, and then an island could be considered. That would eliminate left turns out of
both sides onto Knowles Drive.
Commissioner Joanne Talesfore
Asked how often the CIP is reviewed during the five-year plan.
Asked how money is set aside for future projects that come up.
Assistant Public Works Director Kevin Rohani
Commented that the 5-year CIP is reviewed on an annual basis and it is a living document.
The first year is funded and the remainder is more of a planning tool that allows for changes.
When private projects are approved, improvements are required by the developer.
Planning Commission Minutes Page 10 April 25, 2012
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Motion by Vice Chair Charles Erekson and seconded by Commissioner Joanne Talesfore to
recommend approval of the Capital Improvement Program Projects for Fiscal Year July 1, 2012
to June 30, 2017, and forward to Town Council for final consideration. The Program is
consistent with the General Plan and Hillside Specific Plan.
Motion carried 7-0.
4. Report from Director of Community Development - None
5. Commission Matters - None
ADJOURNMENT
Meeting was adjourned at 9:04 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, April 25, 2012
___________________________________________
Marcia Jensen, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Sandy L. Baily
Planning Manager