Draft Mins 08.22.12Planning Commission Minutes Page 1 August 22, 2012
DRAFT
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, AUGUST 22, 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 Marico Sayoc, Commissioner Margaret Smith, and
Commissioner Joanne Talesfore.
Absent: Commissioner Thomas O'Donnell
Others: Town Attorney Judith Propp, Acting Director of Community Development Todd
Capurso, Acting Assistant Community Development Director Sandy Baily,
Associate Planner Jennifer Savage, Associate Planner Marni Moseley, and
Recording Secretary Linda Rowlett.
PLEDGE OF ALLEGIANCE
Led by Commissioner John Bourgeois.
APPROVAL OF MINUTES OF AUGUST 8, 2012
Motion by Commissioner John Bourgeois and seconded by Commissioner Marico Sayoc to
approve meeting minutes of August 8, 2012.
Motion carried 6-0 with Commissioner Thomas O'Donnell absent.
WRITTEN COMMUNICATIONS
Chair Marcia Jensen noted that there was a desk item for Item #3 and Item #6.
REQUESTED CONTINUANCES - ITEM #6
Motion by Vice Chair Charles Erekson and seconded by Commissioner Joanne Talesfore to
grant continuance of Item #6 (Sustainability Plan) to September 26, 2012.
Planning Commission Minutes Page 2 August 22, 2012
Commissioner John Bourgeois suggested that Commissioners prioritize the items when
reviewing the Sustainability Plan.
Motion carried 6-0 with Commissioner Thomas O'Donnell absent.
SUBCOMMITTEE REPORTS
Historic Preservation Committee -- Commissioner Charles Erekson reported that the
committee met this afternoon and approved an Architecture and Site Application for a
modification to the front entry of 229 Wilder and reviewed a proposal to demolish a pre-1941
residence at 17045 Pine Ave.
North 40 Specific Plan Advisory Committee -- Commissioner John Bourgeois reported that
the committee met on August 15 and August 21 and made several recommendations to the
consultants and staff on the residential and commercial uses in the Plan. The next step is that
staff will prepare the Specific Plan for review by the committee, the Planning Commission
and Town Council.
VERBAL COMMUNICATIONS (AUDIENCE) - NONE
CONSENT CALENDAR
Chair Marcia Jensen reported that she will be separating the two Consent Items since there
may be discussion on one of the items.
1. *15951 Los Gatos Boulevard Conditional Use Permit U-12-009
Requesting approval to modify an existing wireless telecommunication facility and replace
three existing antennae on property zoned O. APN 527-57-001 through -018.
PROPERTY OWNER: Stephen Chen Trust
APPLICANT: Kim Peterson for Sprint
PROJECT PLANNER: Marni Moseley
Motion by Commissioner Marico Sayoc and seconded by Commissioner John Bourgeois to
approve Consent Item #1.
Motion carried 6-0 with Commissioner Thomas O'Donnell absent.
2. *218 Kensington Way Conditional Use Permit U-12-005
Requesting approval to modify an existing wireless telecommunication facility and replace
three existing antennae on property zoned R-1:8. APN 527-48-029
PROPERTY OWNER: PG&E
APPLICANT: Sprint
PROJECT PLANNER: Marni Moseley
Commissioner Joanne Talesfore commented that she was encouraged to see that the antennae
will be painted to match the towers. She noted that the exhibit did not show how imposing the
Planning Commission Minutes Page 3 August 22, 2012
tower will be and asked that the cell phone companies be required to provide more adequate
exhibits.
Motion by Vice Chair Charles Erekson and seconded by Commissioner Marico Sayoc to
approve Consent Item #2.
Motion carried 6-0 with Commissioner Thomas O'Donnell absent.
CONTINUED PUBLIC HEARINGS
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
(Continued from 7/11/12 Planning Commission meeting)
Chair Marcia Jensen opened the public hearing.
Associate Planner Marni Moseley noted that she did not have anything to add to the staff
report.
Dave Lazares, Applicant, commented that his consultants will be giving presentations on the
landscaping and architecture issues raised at the last meeting and noted that they have completed
a conceptual landscaping plan for the front and back yards.
Chris Spaulding, Architect, gave a presentation on the revised design.
Commissioner Joanne Talesfore
Asked for clarification on the shadow study.
Asked about the neighbor’s request to move the house six feet up the hill.
Asked if any other avenues were considered to shift the house.
Asked if the neighbor's comment regarding the height of his house (Exhibit 17) has been
verified.
Chris Spaulding
Reviewed the shadow study as it relates to the neighbors. The main shadows that are cast on
the neighbor’s house are created by the one-story portion of the house along with the trees.
Commented that the house cannot be moved six feet uphill because the garage would no
longer accommodate two cars. The house could possibly be moved two feet.
Commented that shifting the house would not solve any issues and would only increase the
shadows cast by the house.
Commented that there is a photo of the house to the left in the July 31 report. He believes
that the neighbor is correct about the height of his house being 22 feet. The proposed house is
29 feet 6 inches at the highest point. The first level is estimated at 11-13 feet.
Planning Commission Minutes Page 4 August 22, 2012
Commissioner John Bourgeois
Asked about the reason for the location of the garage.
Chris Spaulding
Commented that this is the only feasible location for the garage.
Commissioner Margaret Smith
Asked if the tree in the back is an existing tree.
Chris Spaulding
Commented that the tree in the back is an existing tree.
Neil Macnaughton
Commented that his house is a bellringer and has just been surveyed at 21 feet tall.
Commented that the proposed house is not equitable due to shading, privacy and view
issues.
Commented that he is requesting that the house be moved six feet to the west.
Commented that the ground floor windows in the front get evening sun with a view of the
hills. The tree shades his roof; not the windows. He is also concerned about shading on his
garden.
Commented that all driveways are on the same side going down the street.
Lee Quintana
Commented that there are three issues: impact on the neighbors, impact on public views,
and compatibility with the neighborhood. The applicant did come and meet with her and her
husband and they agreed that the hip roof is an improvement for preserving the views. She
presented Mr. Spaulding with three options. Her preferred option is to go back to the
original (option #3) with the divided dormers.
Commented that the applicant accepted the condition that the front landscaping be
permanent. She noted that the trees are being saved because the construction plan was
changed to avoid impacting the trees.
Michael Rosenberg, Landscape Architect, commented that he was available to answer
questions on the landscaping changes.
Commissioner Joanne Talesfore
Asked about the permeable material.
Asked about the distance from the porch to the raised bed.
Michael Rosenberg
Commented that there are a number of materials that would be considered permeable such as
gravel. The driveway is labeled as permeable. The walkway has not been labeled as
permeable. The exact materials have not yet been determined. This is a conceptual plan and
the backyard is conceptual.
Commented that it is about 10 feet from the porch to the raised bed.
Planning Commission Minutes Page 5 August 22, 2012
Commissioner John Bourgeois
Asked about the materials for the driveway and if they considered the Town Architect's
recommendation for modular material.
Michael Rosenberg
Commented that they are considering modular material and they are also working with the
Town Engineer on other driveway materials.
Commissioner Marico Sayoc
Asked about the location of the proposed house to the downhill neighbor and why the
driveway cannot be moved to accommodate the neighbor.
Confirmed that there is a three-car tandem garage with a two-foot height difference from the
house to the garage.
Chris Spaulding
Commented that he cannot move the house six feet over because it would block the
driveway. If the entire property was flip-flopped there would be a 10-foot setback on the
west side and the garage would be a full story down from the house.
Commented that there would be a five-foot difference between the house floor and the garage
floor if they changed the garage to a two-car garage, but his client would not like that
configuration.
Commissioner Margaret Smith
Asked what Mr. Macnaughton will be looking at when looking out his front window.
Chris Spaulding
Commented that Mr. Macnaughton would see the existing trees from his front window.
The proposed landscaping puts new trees and low shrubs in the front yard that will not
impact the view.
Commissioner Joanne Talesfore
Asked if they plan to put an additional fence on the property.
Asked about stepping the house up to relieve more of the setback issue.
Dave Lazares
Commented that he plans to build a new six-foot fence to replace the existing four-foot
fence. He will work with Mr. Macnaughton, but he will go ahead and build the fence. He
has not considered a wire fence. He will try to be a good neighbor and help preserve the
neighbor’s view.
Chris Spaulding
Commented that he did not consider stepping the house up because his client wanted the
main floor on one level. To lessen the height they cut the house in by two feet on the uphill
side so the proposed floor level is equal to the existing grade at the uphill side.
Planning Commission Minutes Page 6 August 22, 2012
Commissioner John Bourgeois
Asked how much effort would be involved in moving the house over two feet.
Chris Spaulding
Commented that he could move the house by two feet without affecting the access into the
garage or house, but that Mr. Lazares is reluctant to do this.
Dave Lazares
Commented that the Town Code setback for the side yard is eight feet and he has moved the
house 10 feet. The problem is that Mr. Macnaughton’s house is on the smallest lot in the
neighborhood at less than 5,000 square feet.
Commented that he would prefer to have two more feet of landscaping and open space in the
house, but if moving the house by two feet would alleviate the issues he would
probably agree to do that.
Commented that they studied this design and there would be a lot more interference on the
uphill side if he flipped the house.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Charles Erekson
Asked if the side setback for 347 Pennsylvania Avenue is less than eight feet.
Associate Planner Marni Moseley
Commented that 347 Pennsylvania Avenue has a side setback of less than eight feet and the
proposed house has a 10-foot setback which is in compliance. There is no Town Code
requirement for the applicant to make up the setback difference of a neighbor's
nonconforming setback.
Commissioner John Bourgeois
Commented that he really appreciates the effort that went into the redesign and that the
Commission’s concerns have substantially been addressed.
Motion by Commissioner John Bourgeois and seconded by Commissioner Margaret Smith
to approve Architecture and Site Application S-12-028 with the third design as shown in the
development plans as noted in Exhibit 20 of Desk Item #3 dated August 22, 2012, and subject to
the conditions as noted in Exhibit 3 of staff report dated July 11, 2012, with the added conditions
that the house be moved over an additional two feet and that there be a requirement, per the
Town Architect, that the permeable material be either a modular material or one with a high
quality appearance that is acceptable to staff. The findings were made as noted in Exhibit 2 of
staff report dated July 11, 2012.
Commissioner Joanne Talesfore
Asked if the motion can include that the final landscape plan and the permeable
material come back for the Commission to see.
Planning Commission Minutes Page 7 August 22, 2012
Assistant Community Development Director Sandy Baily
Commented that the final landscape plan and permeable material selection would come to
staff and staff would send a memo to the Commissioners asking if they had any comments
prior to staff’s approval.
Commissioners Bourgeois and Smith agreed to the addition to the motion.
Commissioner Charles Erekson
Asked if moving the house over two feet is a request or a requirement.
Commissioner John Bourgeois
Commented that moving the house is a requirement.
Motion carried 6-0 with Commissioner Thomas O'Donnell absent.
Acting Assistant Community Development Director Sandy Baily recited appeal rights.
NEW PUBLIC HEARINGS
4. 381 Pennsylvania Ave Subdivision Application M-10-007
Environmental Impact Report EIR-12-002
Requesting approval of a two lot subdivision on property zoned R-1:8. The project could
have a significant impact on the environment and an Environmental Impact Report has
been prepared as required by the California Environmental Quality Act (CEQA). APN
510-41-057.
PROPERTY OWNER: 381 Pennsylvania Avenue, LLC
APPLICANT: Greg Howell
PROJECT PLANNER: Marni Moseley
Chair Marcia Jensen opened the public hearing.
Associate Planner Marni Moseley presented the staff report.
Commissioner John Bourgeois
Asked about the orientation of the two lots.
Associate Planner Marni Moseley
Commented that the original lot line ran parallel.
Gregory Howell, Applicant, gave a presentation on the proposed project.
Commissioner John Bourgeois
Asked about the historical nature of a neighborhood pattern.
Planning Commission Minutes Page 8 August 22, 2012
Franklin Maggi
Commented that the layout of the lots is a legal issue and not an environment issue. When
they look at the historic character of a neighborhood, they look at pattern and
development but not the subdivision itself.
Lee Quintana
Commented that whether or not this project is being considered as a whole under CEQA
(California Environmental Quality Act) was not addressed in the EIR (Environmental Impact
Report) and that needs to be addressed.
Commented that the termination of nonsignificance as a historical resource was based on the
consultant’s report in consultation with the Town that it did not meet the Town’s regulations.
The Town never established criteria, but they did establish intent and that needs to be looked
at.
Commented that the pattern of development looked at in the EIR is different than what she
displayed on the overhead. Clearly the pattern is rectangular.
Commented that the Town is not doing a very good job of saving its local resources.
Gregory Howell
Commented that Ms. Quintana’s map does not reflect what is currently out there. The
proposed house does follow the pattern of the existing neighborhood.
Chair Marcia Jensen
Asked why they decided to split the lot that way.
Gregory Howell
Commented that one issue is that the house where it currently sits would be very close to the
line down the middle. Secondly, this was the neighbor’s preference.
Commissioner Marico Sayoc
Asked for clarification on the layout of the house across the street on Pennsylvania Avenue.
Gregory Howell
Showed the referenced houses on the map noting that it does reflect the pattern of
Wissahickon Avenue.
Commissioner Joanne Talesfore
Asked for clarification on the location of the proposed second lot.
Gregory Howell
Referenced the second lot on the map noting that it has 120 feet of frontage on Wissahickon
Avenue and the balance on Pennsylvania Avenue is around 140 feet.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Planning Commission Minutes Page 9 August 22, 2012
Chair Marcia Jensen
Asked if the Commission has discretion on how a lot is subdivided.
Associate Planner Marni Moseley
Commented that the subdivision would be considered under current Town Code
requirements and the split in the original position would meet the requirements.
Acting Assistant Community Development Director Sandy Baily
Commented that the Commission can request a reconfiguration but it would need to meet
Town Code requirements in terms of lot frontage and depth. Setbacks of the existing house
would have to be met.
Motion by Chair Marcia Jensen and seconded by Commissioner Margaret Smith to approve
Subdivision Application M-10-007 and Environmental Impact Report EIR-12-002 subject to the
conditions as noted in Exhibit 5 of staff report dated August 22, 2012. The required findings
were made as noted in Exhibit 4 of staff report dated August 22, 2012. The FEIR (Final
Environmental Impact Report) is certified (Exhibit 3) and required findings to deny a subdivision
pursuant to the State Subdivision Map Act cannot be made in reviewing this application.
Commissioner John Bourgeois
Commented that the only finding that gives him hesitation is the second one. A case can be
made both ways, but there is not enough evidence to make the finding so he will support the
motion.
Commissioner Joanne Talesfore
Commented that she will not support the motion because the historic nature of that area is
very strong. She does not see this as improving the historic nature of the house and lot.
Motion carried 5-1 with Commissioner Joanne Talesfore dissenting and Commissioner
Thomas O'Donnell absent.
Assistant Community Development Director Sandy Baily recited appeal rights.
5. 236 & 238 Bachman Avenue Architecture and Site Application S-12-038
Requesting approval to demolish a two-family dwelling, and construct a single family
dwelling with a detached garage with reduced rear setbacks on property zoned R-1D:LHP.
APN 510-14-054.
PROPERTY OWNER/APPLICANT: Omid Shakeri
PROJECT PLANNER: Jennifer Savage
Chair Marcia Jensen opened the public hearing.
Associate Planner Jennifer Savage noted that she did not have anything to add to the staff
report.
Planning Commission Minutes Page 10 August 22, 2012
Commissioner John Bourgeois
Asked about the removal of housing stock.
Associate Planner Jennifer Savage
Commented that this was originally a single family home and it was remodeled to be a two
family home.
Chair Marcia Jensen
Asked if the house would qualify as a BMP (Below Market Price) unit.
Assistant Community Development Director Sandy Baily
Commented that this is not a BMP unit.
Commissioner Marico Sayoc
Asked if the type of unit is considered when removing a unit from the Town's housing stock.
Acting Assistant Community Development Director Sandy Baily
Commented that the type of house can be considered when removing it from the Town’s
housing stock. The General Plan may have a breakdown of the different types of units, but
staff does not have that information available tonight.
Omid Shakeri, Applicant, gave a presentation on the proposed project.
Commissioner Margaret Smith
Asked about the depth of the porch.
Omid Shakeri
Commented that they expanded the porch to seven feet as recommended by the Town
Architect.
Commissioner Joanne Talesfore
Asked about the materials for the outside of the house and if applicant would
consider revising the materials to better fit in with what is already there.
Omid Shakeri
Commented they are looking at a semi-smooth stucco finish. They looked at what is
appropriate for Craftsman homes. There is a combination of stucco and wood with river
rocks as an accent. Sheet A-3 shows the wood siding.
Commented that stucco requires less maintenance than wood.
Associate Planner Jennifer Savage
Commented that the Historic Preservation Committee (HPC) looked at the materials and she
recalled the committee requiring real wood and real stone.
Planning Commission Minutes Page 11 August 22, 2012
Commissioner Charles Erekson
Commented that he did not recall any discussion at the HPC about the proportion of
materials other than using real wood and real stone.
Commissioner Joanne Talesfore
Commented that no one reviewed the style of stucco.
Omid Shakeri
Commented that the HPC discussed the materials, but they did not ask what texture of
stucco. They asked for real wood and real stone.
Acting Assistant Community Development Director Sandy Baily
Commented that the HPC is very particular in reviewing materials and they do get into
coloring and details of stucco.
Suggested that if the Commission specifies a type of stucco in the Conditions of Approval, it
should go back to the HPC for final determination.
Commissioner John Bourgeois
Asked if anyone has expressed concern about the mass of the house, particularly the neighbor
at 228 Bachman Avenue.
Asked if applicant plans to landscape where the Santa Clara Valley Water District
easement is at the back of the property. The existing vegetation is a very invasive plant and
he may suggest a Condition of Approval that the material be handled and disposed of
properly.
Omid Shakeri
Commented that he has spoken with his neighbors and has sent a letter to his one neighbor at
228 Bachman Avenue. He has not received any response since he e-mailed him all the
plans. The story poles have been up since the beginning of August.
Commented that they plan to remove the existing vegetation and landscape behind the
property.
Commissioner Marico Sayoc
Asked if applicant has had any conversations about the findings regarding the demolition of
the second unit.
Omid Shakeri
Commented that they are expanding the house and will not be using the second unit.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Marico Sayoc
Asked if a second unit must be rented out.
Planning Commission Minutes Page 12 August 22, 2012
Associate Planner Jennifer Savage
Commented that a second unit does not have to be rented.
Acting Assistant Community Development Director Sandy Baily
Commented that during the Building Permit process the Town would make sure that the
second living unit is maintained as a separate living quarters when an applicant wants to
expand an existing unit.
Commissioner Joanne Talesfore
Asked if this property is a duplex.
Acting Assistant Community Development Director Sandy Baily
Commented that it is two units which is the same as a duplex.
Commissioner John Bourgeois
Asked if the property was originally constructed as a single family home.
Associate Planner Jennifer Savage
Confirmed that the property was originally a single family home.
Motion by Commissioner Joanne Talesfore and seconded by Commissioner Margaret Smith
to approve Architecture and Site Application S-12-038 subject to the conditions as noted in
Exhibit 3 of staff report dated August 22, 2012, with the added condition that the materials,
finishes and colors for the house be sent back to the HPC for review. The required findings were
made as noted in Exhibit 2 of staff report dated August 22, 2012.
Commissioner Joanne Talesfore
Commented that she has a concern if the Residential Design Guidelines were followed.
Commissioner John Bourgeois
Asked to add a Condition of Approval that the giant reed be bundled, covered and
transported to a landfill for disposal.
Commissioners Talesfore and Smith agreed to the addition to the motion.
Commissioner John Bourgeois
Commented that he believes it is a well designed house that is compatible with the
neighborhood. He is concerned about the bulkiness to the neighbor on the right and also
about losing a unit. Per the General Plan, the Town is trying to preserve a variety of housing
types and sizes and support the preservation and conservation of existing housing units. He
wonders if they are meeting the intent of the General Plan when they lose a housing unit in a
highly desirable neighborhood.
Planning Commission Minutes Page 13 August 22, 2012
Commissioner Marico Sayoc
Complimented the applicant on the design and commented that the house is very well
designed, but she has reservations about converting two units to one unit. She will not be
supporting the motion.
Chair Marcia Jensen
Commented that she is supporting the motion because the Town policies are working at cross
purposes. If the unit is not being rented, there is no second unit anyway. If there are these
units and if the Town requires the property owners to keep these units, then there should be a
requirement that the second unit be used to make the first requirement meaningful.
Commissioner Margaret Smith
Commented that she is very familiar with the house and good attention was not paid to how it
was designed when it was converted to two units. This house is deteriorating at a rapid rate
and she is glad to see something new going up. In terms of future conversions, more
attention needs to be paid to the design of the conversion. This is a difficult floor plan.
Commissioner Joanne Talesfore
Commented that this house was not originally planned to be a duplex. The intent of this
house and the neighborhood was for a single family house.
Motion carried 5-1 with Commissioner Marico Sayoc dissenting and Commissioner Thomas
O'Donnell absent.
Acting Assistant Community Development Director Sandy Baily recited appeal rights.
CONTINUED OTHER BUSINESS - NONE
NEW OTHER BUSINESS
6. Sustainability Plan Consider adoption of a Sustainability Plan to serve as the Town’s
Greenhouse Gas (GHG) Emissions Reduction Plan and satisfy the 2020 General Plan
Action ENV-13.1. No significant environmental impacts have been identified as a result
of this project and an Addendum to the 2020 General Plan EIR is recommended.
PROJECT PLANNER: Jennifer Savage
Continuance granted to September 26, 2012. See Requested Continuances above.
7. Report from Director of Community Development (Heard Out of Order)
a. Acting Assistant Community Development Director Sandy Baily introduced
Acting Community Development Director Todd Capurso.
Parks and Public Works Director Todd Capurso reported that, with the upcoming
retirement of Wendie Rooney, he has assumed the role of Acting Community
Development Director. He noted that he will continue to be the Parks and Public
Planning Commission Minutes Page 14 August 22, 2012
Works Director and that the two departments are not being combined but will remain
two separate departments. Wendie Rooney has assumed the role of Strategic
Projects Director and Sandy Baily has been promoted to Acting Assistant
Community Development Director.
8. Commission Matters -- None
ADJOURNMENT
Meeting was adjourned at 9:13 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, August 22, 2012
___________________________________________
Marcia Jensen, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Sandy L. Baily
Acting Assistant Community Development Director