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Draft Mins 05.09.12Planning Commission Minutes Page 1 May 9, 2012 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, MAY 9, 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 Baily, Associate Planner Jennifer Savage, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Charles Erekson. APPROVAL OF MINUTES OF APRIL 25, 2012 Motion by Commissioner John Bourgeois and seconded by Commissioner Margaret Smith to approve meeting minutes of April 25, 2012. Motion carried 7-0. WRITTEN COMMUNICATIONS - NONE REQUESTED CONTINUANCES - ITEM #2 Motion by Vice Chair Charles Erekson and seconded by Commissioner Joanne Talesfore to grant continuance of Item #2 to May 23, 2012. Motion carried 7-0. Planning Commission Minutes Page 2 May 9, 2012 SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee -- Commissioner Joanne Talesfore reported that the committee met today to review a Town code amendment regarding areas within the C-2 zone that permit office and personal service uses. Commissioner Thomas O’Donnell added that when the Town code section was adopted, exceptions were included at that time. Today’s discussion was about adding another exception. General Plan Committee -- Commissioner John Bourgeois reported that the committee met earlier this evening to continue review of the Affordable Housing Overlay Zone Design Guidelines. There was also discussion about bifurcating the process and expediting one of the affordable housing sites to avoid slowing up the application currently before the committee. VERBAL COMMUNICATIONS (AUDIENCE) Steve Beritzhoff  Commented that he lives on Karen Court and been a Los Gatos resident for over 60 years.  Commented that he is against Hillbrook School’s proposal to expand its capacity for safety reasons.  Commented that Hillbrook has gone above its Conditional Use Permit (CUP). He would like the Town to enforce Hillbrook’s CUP and not approve the request for additional use. Robert Buckley  Commented that he lives on Marchmont Drive and is concerned about the children’s safety and the negative impact that Hillbrook is having on the community. He asked for enforcement of Hillbrook’s CUP and gave examples of CUP violations over the past year.  Commented that the programs at Hillbrook impact the safety of the neighborhood children.  Asked that the Town enforce Hillbrook’s CUP and protect his neighborhood. Chair Marcia Jensen asked if a date has been set for Hillbrook’s application. Planning Manager Sandy Baily noted that no date has been set. CONSENT CALENDAR - NONE CONTINUED PUBLIC HEARINGS - NONE NEW PUBLIC HEARINGS 1. 135 & 137 Wilder Avenue - Architecture and Site Application S-12-025. Requesting approval to remove a second dwelling unit on property zoned R-1D:LHP. APN 510-18- 005. PROPERTY OWNER/APPLICANT: Gayle & Ron Hershberger. PROJECT PLANNER: Jennifer Savage. Chair Marcia Jensen opened the public hearing. Planning Commission Minutes Page 3 May 9, 2012 Assistant Planner Jennifer Savage commented that she has nothing to add to the staff report. Commissioner John Bourgeois  Asked for clarification regarding the finding that states that the economic utility would increase if the request is granted.  Asked if economic utility refers to property value or functionality. Associate Planner Jennifer Savage  Commented that the owners have stated that by allowing the removal of the second unit would increase the economic utility of the single family dwelling.  Commented that economic utility refers to monetary value of the property. Commissioner Joanne Talesfore  Asked if the property was built as a duplex. Associate Planner Jennifer Savage  Commented that the records do not indicate that it was built as a duplex, but as it exists today it would not qualify as a duplex due to minimum lot standards. Ron Hershberger, Applicant, gave a presentation on the proposed project. Commissioner Margaret Smith  Asked if 135 Wilder Avenue is the address that they want to keep and if 137 will be encapsulated.  Asked what will be done to the garage in the back. Ron Hershberger  Commented that 135 is the address that they want to keep and that 137 will become part of 135.  Commented that the garage has space for two cars and they will park two cars there. Nothing is planned for the garage.  Commented that he believes that the house was built in the early 1950's and a permit was issued in 1987 authorizing the secondary family unit. Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Motion by Commissioner Thomas O'Donnell and seconded by Vice Chair Charles Erekson to approve Architecture and Site Application S-12-025 subject to the conditions as noted in Exhibit 3 of staff report dated May 9, 2012. The required findings were made as noted in Exhibit 2 of staff report dated May 9, 2012. Motion carried 7-0. Planning Manager Sandy Baily recited appeal rights. Planning Commission Minutes Page 4 May 9, 2012 2. Codification of the State Density Bonus Public hearing to consider amending the Zoning Code to incorporate the State’s Density Bonus law. PROJECT PLANNER: Wendie Rooney Continuance granted to May 23, 2012. See Requested Continuances above. CONTINUED OTHER BUSINESS - NONE NEW OTHER BUSINESS 3. Report from Director of Community Development a. Planning Manager Sandy Baily reported that the Town Council approved the application for Chipotle Restaurant at 640 Blossom Hill Road. Commissioner Joanne Talesfore asked who approves the signage for Chipotle Restaurant. Planning Manager Sandy Baily said that staff will approve the signage for Chipotle Restaurant but that Commissioners are welcome to come in and look at it. 4. Commission Matters a. Commissioner Marico Sayoc asked for advance agendas for summer vacation planning. Chair Marcia Jensen noted the following absences for upcoming meetings: Commissioner O’Donnell - June 13, Commissioner Talesfore - June 27, and Commissioner Erekson (possibly) - June 27. Chair Jensen commented that she asked staff to do separate polling for meetings where two or more Commissioners indicate absences to ensure that there will be a quorum. ADJOURNMENT Meeting was adjourned at 7:31 p.m. Planning Commission Minutes Page 5 May 9, 2012 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, May 9, 2012 ___________________________________________ Marcia Jensen, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Sandy L. Baily Planning Manager