Draft Mins 07.11.12Planning Commission Minutes Page 1 July 11, 2012
DRAFT
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, JULY 11, 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, Senior Planner
Suzanne Avila, Associate Planner Jennifer Savage, Associate Planner Marni
Moseley, Assistant Civil Engineer Trang Tu-Nguyen, and Recording Secretary
Linda Rowlett.
PLEDGE OF ALLEGIANCE
Led by Chair Marcia Jensen.
APPROVAL OF MINUTES OF MAY 23, 2012
Motion by Commissioner Joanne Talesfore and seconded by Commissioner Thomas
O'Donnell to approve meeting minutes of May 23, 2012.
Motion carried 7-0.
WRITTEN COMMUNICATIONS - NONE
Chair Marcia Jensen noted that there was a desk item for Item #2.
REQUESTED CONTINUANCES - NONE
Planning Commission Minutes Page 2 July 11, 2012
SUBCOMMITTEE REPORTS
General Plan Committee -- Commissioner John Bourgeois reported that the committee met
on June 13 and finished the Affordable Housing Overlay Design Standards for the final parcels.
This item will be coming back to the General Plan Committee for final review prior to review by
the Planning Commission.
Conceptual Development Advisory Committee -- Senior Planner Suzanne Avila reported
that the committee met on June 13 to review the former County property on Knowles Drive that
has been split into two lots and sold to two different prospective developers. The committee
reviewed a housing proposal for the larger lot.
Historic Preservation Committee - Senior Planner Suzanne Avila reported that the
committee met on June 27 and approved an Architecture and Site Application (A&S) for exterior
modifications at 112 Wilder Avenue and reviewed a proposal for the demolition of a pre-1941
residence at 16922 Mitchell Avenue.
VERBAL COMMUNICATIONS (AUDIENCE) - NONE
CONSENT CALENDAR - NONE
CONTINUED PUBLIC HEARINGS - NONE
NEW PUBLIC HEARINGS
1. Placer Oaks Road - Architecture and Site Applications S-12-006 through S-12-015.
Requesting Architecture and Site approval for 10 single-family homes within an approved
Planned Development on property zoned R-1:8:PD. APNs 529-16-073, 529-14-012 and
067. PROPERTY OWNER/APPLICANT: Canyon Oaks Los Gatos, LLC. PROJECT
PLANNER: Suzanne Avila.
Chair Marcia Jensen opened the public hearing.
Senior Planner Suzanne Avila noted that she had nothing to add to the staff report.
Rodger Griffin, Applicant, gave a presentation on the proposed project.
Commissioner John Bourgeois
Asked about the architectural variety of the project.
Rodger Griffin
Commented that there will be four color schemes with different stone work. This will
provide a great variety in the change and feel of the homes.
Planning Commission Minutes Page 3 July 11, 2012
Commissioner Marico Sayoc
Commented that she is pleased that the BMP (Below Market Price) unit has four bedrooms.
Asked about adding one additional guest parking spot.
Asked about privacy between Lot 7 and Lot 8.
Rodger Griffin
Commented that in order to adhere to the setbacks they were unable to add another parking
space.
Commented that a frosted or patterned glass could be used for privacy on the lower parts of
the windows on Lot 7 that overlook the courtyard.
Commissioner Joanne Talesfore
Asked for clarification on the green screen for neighborhood compatibility.
Rodger Griffin
Commented that the green screen is a wooden structure with vines planted on it. It will be
constructed on the proper directly across Placer Oaks Road to obscure headlights coming out
of the driveway at night.
Lee Quintana
Asked if the changes in the law regarding proximity to highways for residential were
reviewed in relation to this proposal.
Asked if there was a noise analysis done.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Marico Sayoc
Commented that this project was approved prior to the law changes for proximity of homes
to freeways.
Asked when noise analysis happens.
Town Attorney Judith Propp
Confirmed that no further review is required since the Planned Development (PD) Ordinance
was approved by Town Council in May 2010, and it cleared environmental review.
Senior Planner Suzanne Avila
Commented that part of the noise analysis is dealt with during the building plan check
process and there are checks before final review of the houses. The sound wall heights were
dictated by the acoustical report.
Planning Commission Minutes Page 4 July 11, 2012
Motion by Commissioner Thomas O'Donnell and seconded by Commissioner Margaret
Smith to approve Architecture and Site Applications S-12-006 through S-12-015 subject to the
performance standards as noted in Exhibit 3 and conditions as noted in Exhibit 4 of staff report
dated July 11, 2012. The required findings were made as noted in Exhibit 2 of staff report dated
July 11, 2012.
Commissioner Joanne Talesfore
Commented that she will not be supporting the motion because while she supports
development of a property, she does not support a housing development next to a freeway.
Motion carried 6-1 with Commissioner Joanne Talesfore dissenting.
2. 160 W. Main Street - Conditional Use Permit U-12-008. Requesting approval to modify
an existing Conditional Use Permit (CUP) to operate a restaurant with separate bar and full
alcohol service on property zoned C-2:LHP. APN 529-03-020. PROPERTY OWNER:
Robert and Muriel Brouwer. APPLICANT: B and G Group LLC. PROJECT
PLANNER: Jennifer Savage.
Chair Marcia Jensen opened the public hearing.
Associate Planner Jennifer Savage noted the desk item.
Commissioner John Bourgeois
Commented that during a history walk of Los Gatos, he stopped in at the restaurant and was
told that the partitions in the building are the original teller stalls.
Associate Planner Jennifer Savage
Commented that the records do not indicate that the wall was part of the bank because there
was no wall in the 1970s and a new wall was proposed in the 1980s.
Linda LeZotte, Applicant, gave a presentation on the proposed project.
Commissioner Thomas O’Donnell
Asked for clarification on the square footage.
Asked about hours of operation and the Police Department’s (PD) recommendation.
Asked if the applicant is accepting staff's recommended hours of operation.
Linda LeZotte
Commented that she does not have the square footage but noted that it is not a bar but rather
six seats for patrons to sit while waiting for a table.
Associate Planner Jennifer Savage
Commented that the hours that staff is recommending are noted in Exhibit 3 (Conditions of
Approval). The PD is recommending hours of operation consistent with the Alcoholic
Beverage Policy (ABP).
Planning Commission Minutes Page 5 July 11, 2012
Linda LeZotte
Commented that they would like to be open Sunday through Wednesday until midnight and
Thursday through Saturday until 2:00 a.m. to be consistent with other establishments in the
area and to be competitive.
Commissioner Margaret Smith
Asked about the DJ and where they will be located in the restaurant.
Asked what percentage of business will be done between 11:00 p.m. and 2:00 a.m. and how
revenue driven the extended hours will be.
Asked about valet parking.
Asked for clarification on the seating.
Asked about the cuisine.
Linda LeZotte
Showed where the DJ will be setting up noting that they will remove two bar seats. The DJ
will act as a host but there will not be dancing.
Bobby Sarnevesht
Commented about 35-40 percent of the revenue will come from the later seating. They are
trying to improve on a model they have seen in different cities. They feature Japanese
cuisine and they do not have a high alcohol-based revenue.
Commented they would like to offer valet parking but have not yet worked out the details.
Commented that the seating is fixed with long booths that cannot be moved.
Commented that they have partnered with the head chef of Nobu and will offer Japanese
fusion cuisine.
Linda LeZotte
Commented that the staff report does not require valet parking. They have not investigated
valet parking because parking has not been an issue.
Commissioner Joanne Talesfore
Asked about bar seating on Sundays referenced in the Conditions of Approval.
Bobby Sarnevesht
Commented that they do not plan to use the bar on Sundays.
Commissioner Marico Sayoc
Asked why food service would stop at 11:00 p.m. if the food is primary.
Asked if a sample menu is available.
Asked about entertainment and if the DJ is for private events only.
Linda LeZotte
Commented that the staff report (pages 6 and 7) is incorrect. Food will always be served
when alcohol is served.
Commented that the DJ is being requested eight times per month for special occasions.
Planning Commission Minutes Page 6 July 11, 2012
Bobby Sarnevesht
Commented that the menu is on the website.
Commented that the DJ will provide background music and also provide louder music for
private events.
Chair Marcia Jensen
Commented that she is familiar with Nobu and is familiar with what a DJ does. The staff
report reads as a restaurant converting to a club.
Bobby Sarnevesht
Commented that the DJ is primarily for private events. There is no dance floor. There is no
intention of turning the restaurant into a nightclub.
Commissioner Joanne Talesfore
Asked about the notation of special parties rather than private parties.
Asked for a change in Condition #11 in how it reads. She would prefer changing the
language to state that private parties would require renting out the entire space and to clarify
when the DJ entertainment would be provided.
Bobby Sarnevesht
Commented that the DJ is for private events that are booked rather than special parties.
Confirmed that the DJ would only be there for private events. They are comfortable with
modifying the language.
Maria Ristow
Commented that she lives on Broadway and she and the neighbors are feeling the
intensification of entertainment in the area. She is in favor of later dining hours but is
concerned about more entertainment and more alcohol. She would like that this CUP be
deferred until the ABP is in place and that the hours be modified.
Linda LeZotte
Commented that this is a DJ rather than live entertainment and they have agreed to abide to
the ABP that comes into place.
Vice Chair Charles Erekson
Proposed some changes to the Conditions of Approval. Condition #6 - Delete last sentence;
replace it with language that the bar will be closed until 5:30 p.m. on Sundays and add that
the bar would close one hour before closing on all days of operation. Condition #7 - Hours
would be as stated but change the 1:30 a.m. to 2:00 a.m. on Monday through Thursday.
Condition #9 - modified to change the DJ allowed only for private closed parties and that the
DJ would need to end one hour before closing hours. #11 - Deleted.
Linda LeZotte
Asked for clarification on closing the bar until 5:30 p.m. on Sundays. They may want to
offer Mimosas with brunch.
Asked for clarification on proposed change in hours of operation.
Planning Commission Minutes Page 7 July 11, 2012
Vice Chair Charles Erekson
Commented that his intent was not to delete alcoholic beverage service on Sundays until 5:30
p.m. but rather to close the bar seating section.
Commented that the hours of operation would remain as stated, but change the 1:30 a.m.
closing to 2:00 a.m.
Commented that he proposed that the bar would close one hour prior to closing.
Bobby Sarnevesht
Asked if music could be extended to one-half hour before closing during private events.
Commissioner John Bourgeois
Asked Vice Chair Erekson for his justification in extending the hours.
Vice Chair Charles Erekson
Proposed that the music would cease one hour before closing.
Commented that he was taking this business to operate as a restaurant and he could envision
having a glass of port with dessert. The applicant provided a reasonable business plan and he
is willing to give him the benefit of the doubt.
Commissioner Margaret Smith
Confirmed that the only day for daytime food service is Sunday and that alcohol will be
offered from 9:30 a.m. until closing.
Chair Marcia Jensen
Confirmed that Sunday morning is only brunch service.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commission Comments/Questions:
Asked why the PD does not support the increase in hours of operation.
Asked about the status of the ABP and the Entertainment Ordinance.
Asked about the "wait and see" practice for hours of operation.
Asked if hours of operation are specified in a CUP (Conditional Use Permit).
Asked if the Commission can make as part of the Conditions a date certain for the operation
to return to the Commission to review how the business is doing under the CUP once the
Town Council has approved it.
Associate Planner Jennifer Savage
Commented that part of the PD’s concern is the amount of people coming onto the street at
one time.
Commented that the Planning Commission has the option to recommend "wait and see," but
staff is not recommending that.
Planning Commission Minutes Page 8 July 11, 2012
Commented that there are no hours stated in the existing CUP. The hours of operation were
discussed within the staff report and in discussions with the applicant during the public
hearing for the existing CUP.
Commented that the Commission could recommend a future CUP review after it has been
approved, but the Council would have to approve the recommendation.
Planning Manager Sandy Baily
Commented that staff has just re-started working on the Entertainment Ordinance. Staff will
review the ABP after determining how the Entertainment Ordinance works with the ABP.
Commissioner Marico Sayoc
Commented that she is in tune with public policy and currently the Town’s ABP is very clear
on hours of operation but there is nothing on entertainment. Concerns were expressed by a
neighbor along with the PD. She does not believe that this application is clear and she will
be recommending denial.
Motion by Commissioner Marico Sayoc and seconded by Commissioner Joanne Talesfore to
recommend denial of Conditional Use Permit U-12-008 to Town Council based on the fact that
the application goes against current Alcoholic Beverage Policy regulations regarding making a
finding that the business would not create an adverse impact on residential neighborhoods and
the Police Department's concern regarding the request for increased hours for alcoholic beverage
service.
Commissioner Thomas O’Donnell
Commented that one option is to follow the PD’s recommendation. The DJ discussion gets
into whether or not it is considered live music. The applicant is very reasonable on
limitations. He is very sympathetic with the neighbors but that this use is not a nightclub.
He does not believe this business will bother the neighbors more than any other business.
Commented that he will not be supporting the motion because there are options to just saying
no.
Commissioner Margaret Smith
Commented that there is an intensification of late night alcoholic-focused businesses in the
downtown. Most of the discussion was on the service of alcoholic beverages rather than
bringing a fine dining restaurant to Town. She will support a denial and wait for a more
thorough understanding of the business and look for further clarification on the DJ.
Motion failed 3-4 with Chair Marcia Jensen, Vice Chair Charles Erekson, Commissioner
John Bourgeois and Commissioner Thomas O'Donnell dissenting.
Commissioner John Bourgeois
Commented that he shares Commissioner Sayoc’s concerns but he believes that there is a lot
of merit with this proposal.
Recommended that the applicant have a very clear plan in place for how, what, when and
where the DJ will be operating when this proposal goes before the Town Council.
Planning Commission Minutes Page 9 July 11, 2012
Motion by Commissioner John Bourgeois and seconded by Commissioner Thomas
O'Donnell to recommend approval of Conditional Use Permit U-12-008 to Town Council
subject to the conditions as noted in Exhibit 3 of staff report dated July 11, 2012, with the added
conditions that the hours of operation would be consistent with the Town’s Alcoholic Beverage
Policy and that the DJ entertainment would be deferred until the Entertainment Ordinance is in
place. The required findings were made as noted in Exhibit 2 of staff report dated July 11, 2012.
Commissioner Marico Sayoc
Clarified that the hours of operation stated in the ABP are different than the hours
recommended by the applicant.
Commissioner John Bourgeois
Commented that where the applicant is asking for more time than that allowed in the ABP, it
would be changed to meet the policy. Any hours of operation that are less than required by
the ABP would remain the same.
Associate Planner Jennifer Savage
Commented that allowable hours under the ABP are Sunday through Thursday until 11:00
p.m. and Friday, Saturday, holidays and evenings before holidays until 1:00 a.m. with the
exception of establishments in good standing may continue the hours of operation of the
existing CUP. In this case, that would be 1:30 a.m.
Commissioner John Bourgeois
Commented that he is in agreement with the hours stated, but that since there is a new
operator, he would like to keep the hours to 1:00 a.m. rather than 1:30 a.m.
Commissioner Joanne Talesfore
Asked if alcohol service would end one-half hour or one hour before closing time.
Associate Planner Jennifer Savage
Commented that the ABP does not require that alcoholic beverage service end at a certain
time before closing but it is her understanding that the Alcoholic Beverage Control
Department does require that service stops one-half hour before closing.
Commissioner Joanne Talesfore
Commented that she will support this motion because of the clarification of it and she would
like to make a note for Town Council that she would support the DJ in this restaurant under
the condition that the Conditions of Approval were changed to specify private parties only.
Chair Marcia Jensen
Confirmed with Commissioner Bourgeois that the motion states that there would be no DJ
allowed until the Entertainment Ordinance is in place.
Planning Commission Minutes Page 10 July 11, 2012
Vice Chair Charles Erekson
Asked if the motion specifies that the hours of operation are to be consistent with the ABP
because the ABP does not address the hours of operation but rather hours of alcoholic
beverage service.
Commissioner John Bourgeois
Confirmed that his intent of the motion is that the hours of alcoholic beverage service would
match the ABP.
Chair Marcia Jensen
Asked Commissioner Bourgeois if the hours of operation stated by Ms. Savage are the
hours that he intended with the alcohol service to match the ABP.
Commissioner John Bourgeois
Commented that his intent is for the alcoholic beverage service to match the ABP and that
the hours of operation could extend one-half hour beyond that.
Commissioner Thomas O'Donnell
Confirmed that everything would cease at 1:30 a.m.
Commissioner Margaret Smith
Confirmed that the applicant would have to come back before the Commission regarding the
DJ once the Entertainment Ordinance is in place.
Vice Chair Charles Erekson
Asked Commissioner Bourgeois’s intent regarding the two seats allowed at the bar before
5:30 p.m. on Sundays.
Commissioner John Bourgeois
Commented that he recalled the applicant stating that he is amenable to not having chairs at
the bar on Sunday mornings, so that language will be made clear in Condition #6.
Chair Marcia Jensen
Confirmed that the restriction on Sunday mornings is for seating only and not for bar service.
Motion carried 7-0.
Chair Marcia Jensen called for a recess at 8:36 p.m. and reconvened the meeting at 8:44 p.m.
3. 357 Pennsylvania Avenue - Architecture and Site Application S-12-028. Requesting
approval to demolish a single-family residence and construct a new single-family
residence on property zoned R-1:8. APNs 510-41-069 and 070. PROPERTY OWNER/
APPLICANT: David and Cynthia Lazares. PROJECT PLANNER: Marni Moseley.
Chair Marcia Jensen opened the public hearing.
Planning Commission Minutes Page 11 July 11, 2012
Associate Planner Marni Moseley commented that she had nothing to add to the staff report.
David Lazares, Applicant, gave a presentation on the proposed project.
Commissioner John Bourgeois
Asked about the impact on the neighbor at 347 Pennsylvania Avenue and why they flipped
the driveway.
David Lazares
Commented that the neighbors at 347 Pennsylvania Avenue have no windows on that side. If
the garage is on the other side, the house would have been seven feet higher and looked out
of scale.
Commissioner Joanne Talesfore
Asked about the solar shadow study.
Asked about neighborhood compatibility and commented that all the homes on Pennsylvania
Avenue are different but they all have gables facing the street.
Commented that the proposed gable design looks more like dormers than gables.
Chris Spaulding, Architect
Commented that the property aligns north/south and the worst shadows fall in the applicant’s
front yard and a little on the east property. The shadow is created by the one story portion of
the new house.
Commented that the houses at 360 and 363 Pennsylvania Avenue have a similar dominant
ridge that goes side to side. The highest gable runs parallel with the street at 363 and the
secondary gable faces the street. The proposed design has a secondary double gable that
faces the street.
Commissioner Thomas O’Donnell
Commented that the roof line is very long and appears high and asked why this design was
chosen.
Chris Spaulding
Commented that this house is wider and not quite as tall as the other houses; it is a different
style than the Victorians. This is also the widest lot.
Neil MacNaughton
Commented that he lives at 347 Pennsylvania Avenue downhill from the proposed project.
He strongly objects to the proposal because the house is not centered on the lot and it would
loom over his house blocking light and his view of the hills. He has two windows on the
ground floor which provide light.
Commissioner Joanne Talesfore
Asked Mr. MacNaughton if he has spoken with the owners of the property about his
concerns.
Planning Commission Minutes Page 12 July 11, 2012
Neil MacNaughton
Commented that he has sent an e-mail to staff but has not talked to the owners of the
property.
Heather Roberts
Commented that she lives on the uphill side of the property at 361 Pennsylvania Avenue.
Since the previous owner’s death, the property has fallen into disrepair and detracts from the
neighborhood.
Commented that she talked to the property owners regarding her concerns about privacy and
they flipped the floor plan to address her concerns. They were also concerned about
vegetation and the owners met with the Town Arborist about maintaining the health of the
trees. The property owners also reduced the garage footprint.
Commented that the house is a good addition to the neighborhood and she urges approval.
Commissioner Thomas O'Donnell
Asked about the impact to her house if the proposed house was moved closer to her.
Heather Roberts
Confirmed that moving the house closer would impact all privacy and light for her house.
Commissioner Margaret Smith
Asked Ms. Roberts where her company parks their cars.
Heather Roberts
Commented that she has a long single width driveway that spans into a two-car garage and
her company parks on the street or in their driveway.
Leonard Pacheco
Commented that he lives on Hernandez Avenue and that the neighborhood has historic
homes that are considered historic assets.
Commented that he believes Mr. Spaulding is sensitive to the Town’s guidelines but the
design does not meet established proportions, it overwhelms the down slope home, it
has massive scale and does not match the rhythm of the street. The design falls short of the
guidelines.
Recommend continuing the application with specific directions to address the guidelines.
Commissioner Joanne Talesfore
Asked Mr. Pacheco to identify which specific guidelines he is referring to.
Leonard Pacheco
Commented the ridge line is horizontal and parallel to the street which is rare for the
neighborhood. The rhythm of the street is gable ends. The massing is also different and the
attention has been given to the uphill slope house rather than the downhill slope house. The
dormers do not break up the street mass.
Planning Commission Minutes Page 13 July 11, 2012
Vice Chair Charles Erekson
Asked Mr. Pacheco if he believes they could keep the square footage with a redesign.
Leonard Pacheco
Commented that in order to maintain the square footage, they may have to reorient the
footprint, downsize the garage and bring it in on its sides.
Lee Quintana
Showed illustrations from the Residential Design Guidelines that show the position of houses
on a lot and also where to place the mass of the house. Front facing gables are the major roof
forms followed by hip roofs.
Showed an illustration of trees that will remain and which ones that are being removed.
Commented that the design is not consistent with the intent of zoning codes under R-1.
Commented that within 500 feet of this house, there are at least 10 properties that have
15,000+ square feet of property and these are the houses that should be considered when
comparing FARs (Floor Area Ratio).
Commented that she is an adjacent neighbor and she was not given plans or contacted. She
did advise staff of her objections but she was never contacted. From her house she sees
nothing but roofline.
Bill Hirschman
Spoke in support of the proposal and complimented the quality of the design. Diversity is
important in the Town along with consistency in a neighborhood. He would encourage
shying away from words like massing because the alternative could be two houses. Good
design should be taken into account.
David Lazares
Commented that the landscape plan that was referred to earlier was the recommendation of
the Town Arborist and they are doing something entirely different.
Commented that he left a plan and a business card at the downhill neighbor’s house but he
never received a call.
Commented that his house has the third lowest FAR of the 12 comparable houses.
Chris Spaulding
Commented that a gable would impact the neighbors more. The downhill neighbor would
get more shadow and the uphill neighbor would lose more of their view. They could make
one dominant gable out of the two dormers in front and could put Dutch gables on the sides.
Michael Rosenberg, Landscape Architect
Commented that the arborist recommended removal of three trees and they plan to save them
along with planting more trees. They could also remove the parking area and make it a
walkway.
Showed landscape design under development.
Commissioner John Bourgeois
Asked about the proposed trees in front.
Planning Commission Minutes Page 14 July 11, 2012
Michael Rosenberg
Commented that they will install the trees at 36-inch box and they would be approximately
15 feet tall. Specific species have not yet been identified.
Commissioner Thomas O’Donnell
Asked about the proposed parking area in front.
Chris Spaulding
Commented they prefer two parking spaces in the front setback to get the parking off the
street.
David Lazares
Commented that the two parking spaces would be a permeable surface. If required, they will
give up those two spaces.
Commissioner Thomas O'Donnell
Asked about alternatives to the ridge line.
Chris Spaulding
Commented they went through about ten different designs and this was the only design that
the client liked. A single large gable in front is a consideration and also clipping the ends.
This would not have an adverse impact on the neighbors.
Commissioner Margaret Smith
Asked about the front landscaping and what the surface will be if parking is disallowed.
Asked if further landscaping could soften the house.
Chris Spaulding
Commented the front surface will be blue stone. It will be hard surface regardless of
parking. If there is no parking, they would still need a walkway to the front door.
Michael Rosenberg
Commented that this is not a final landscape plan, but they could add more evergreen trees in
the front.
Vice Chair Charles Erekson
Asked how much time would be needed if the item was continued for modified design.
Chris Spaulding
Commented that they could ready for the August 22 meeting.
Commissioner Marico Sayoc
Referenced page 14 of the Residential Design Guidelines and asked how this design fits
within the "do" category.
Planning Commission Minutes Page 15 July 11, 2012
Chris Spaulding
Commented that this is the largest lot in the streetscape and this footprint best utilizes the lot.
If they matched the Guidelines exactly, it would be detrimental to the neighbors.
Commissioner Joanne Talesfore
Asked about privacy issues for the downhill neighbor.
Recommended that Mr. Spaulding speak to the downhill neighbor regarding concerns.
Chris Spaulding
Commented that there is privacy and then there is light and air. The house has been moved
as far forward as possible on the lot. If he narrowed the building, it would marginally help.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Thomas O’Donnell
Asked if staff considered any options to soften the impact on the street.
Asked if staff heard from the downhill neighbor regarding concerns.
Asked about the merged status of the lots.
Associate Planner Marni Moseley
Commented that massing was not a concern expressed by the Consulting Architect. Staff did
not see the dominant issues that the neighbors have raised when they reviewed the plans and
looked at the story poles.
Commented that the only contact by the downhill neighbor is the letter in the packet.
Planning Manager Sandy Baily
Commented that the lots are considered merged now since the house straddles the property
line. If they demolished the structure then it would be two legal lots.
Vice Chair Charles Erekson
Commented that part of the character of the neighborhood is variety so he is less concerned
about size but is concerned about impact. He would prefer that the applicant consider the
Commission’s recommendations and have Mr. Cannon review any revised design.
Commissioner Thomas O’Donnell
Commented that Vice Chair Erekson’s recommendation would delay the project for six
weeks.
Commissioner Margaret Smith
Commented that the architect suggested a change. The landscaping is going to soften the
house and the applicant has agreed not to park cars in front. She is not sure why they have to
go back to the drawing board with everything.
Planning Commission Minutes Page 16 July 11, 2012
Motion by Vice Chair Charles Erekson and seconded by Commissioner John Bourgeois to
continue Architecture and Site Application S-12-028 to August 22, 2012, and direct the applicant
and his consultants to present their response to the Commission’s comments.
Commissioner John Bourgeois
Seconded the motion and confirmed that a (complete) landscape plan should also be included
in the motion.
Chair Marcia Jensen
Asked Vice Chair Erekson if he wants to include any specific references to Residential
Design Guidelines in the motion.
Vice Chair Charles Erekson
Commented that he did not want to give specific direction for redesign and wants the
applicant to have the choice on what they decide to bring back to the Commission.
Commissioner Joanne Talesfore
Commented that the Commission gets criticized for not giving specific direction.
Vice Chair Charles Erekson
Commented that his motion is directing the applicant to respond to the Commission’s
comments but he can remove that part of the motion if the Commissioners feel that gives a
lack of direction.
Chair Marcia Jensen
Suggested that the motion remain as it is, but direct the applicant to specifically respond to
why the decision was made and how they have incorporated the comments from tonight’s
meeting.
Vice Chair Charles Erekson
Commented that he appreciated the clarification but he assumed that Chair Jensen’s
comments were part of the intent of the motion.
Commissioner Thomas O’Donnell
Commented that since the Commission is not supposed to redesign and that the Town
Architect said the design was okay, he is comfortable with the language of the motion. The
street impact is a concern but he is not qualified to specify a particular design.
Vice Chair Charles Erekson
Commented that the Town Architect gave a positive comment, so he wants to give the
applicant the opportunity to respond to tonight's comments or they can come back with the
same design.
Commissioner John Bourgeois
Commented that the Commission is the decision maker even though they weigh Mr.
Cannon’s comments. He believes clear direction has been given.
Planning Commission Minutes Page 17 July 11, 2012
Commissioner Joanne Talesfore
Commented that she does not believe that direction is clear. She would like to give the
applicant the direction that he deserves.
Vice Chair Charles Erekson
Commented that he would like to withdraw the motion.
Town Attorney Judith Propp
Commented that once a motion is withdrawn, the seconder has an option to agree or not.
Commissioner John Bourgeois
Commented that he does not agree to withdrawal of the motion.
Motion carried 5-1 with Commissioner Joanne Talesfore dissenting and Vice Chair Charles
Erekson abstaining.
Vice Chair Charles Erekson
Commented that he feels the Commission spent a lot of time debating over the meaning of
words that was largely a waste of everyone’s time. He attempted to withdraw the motion due
to the controversy over the use of words, so he is abstaining because he is not comfortable
with the nature of the motion.
CONTINUED OTHER BUSINESS - NONE
NEW OTHER BUSINESS
4. Report from Director of Community Development
a. Planning Manager Sandy Baily reported that the Town Council approved the State
Density Bonus Ordinance and it commended the Planning Commission for its
thorough analysis and the recommended changes which made its review much easier.
5. Commission Matters - None
ADJOURNMENT
Meeting was adjourned at 9:57 p.m.
Planning Commission Minutes Page 18 July 11, 2012
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, July 11, 2012
___________________________________________
Marcia Jensen, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Sandy L. Baily
Planning Manager