Draft Mins 09.12.12Planning Commission Minutes Page 1 September 12, 2012
DRAFT
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, SEPTEMBER 12, 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 Margaret Smith, and Commissioner Joanne Talesfore.
Absent: Commissioner Thomas O'Donnell and Commissioner Marico Sayoc.
Others: Town Attorney Judith Propp, Acting Assistant Community Development Director
Sandy Baily, Acting Principal Planner Joel Paulson, Associate Planner Marni
Moseley, and Recording Secretary Linda Rowlett.
Acting Principal Planner Joel Paulson noted that Commissioners O'Donnell and Sayoc have
an excused absence because they need to recuse themselves from Item #3.
PLEDGE OF ALLEGIANCE
Led by Chair Marcia Jensen.
APPROVAL OF MINUTES OF AUGUST 22, 2012
Motion by Commissioner John Bourgeois and seconded by Vice Chair Charles Erekson to
approve meeting minutes of August 22, 2012.
Motion carried 5-0 with Commissioner Thomas O'Donnell and Commissioner Marico Sayoc
absent.
WRITTEN COMMUNICATIONS
Chair Marcia Jensen noted that there is a desk item for Item #3.
REQUESTED CONTINUANCES - NONE
Planning Commission Minutes Page 2 September 12, 2012
SUBCOMMITTEE REPORTS
General Plan Committee - Commissioner John Bourgeois reported that the committee met
earlier tonight to review a proposed subdivision on Twin Oaks Drive for a ten-lot single family
subdivision and a Zone Change Amendment at Royce Street regarding permitted uses in the C-2
zone.
VERBAL COMMUNICATIONS (AUDIENCE) - NONE
CONSENT CALENDAR
1. *16615 Lark Avenue - Conditional Use Permit Application U-12-011. Requesting
approval to modify an existing telecommunications facility on property zoned O. APN 424-
08-065. PROPERTY OWNER: James Rees. APPLICANT: Kim Peterson. PROJECT
PLANNER: Jennifer Savage.
2. *Blossom Hill Road - Conditional Use Permit Application U-12-015. Requesting approval
for the Oak Meadow Park Master Plan to permit existing uses on property zoned RC. APNs
529-12-004 and -021. PROPERTY OWNER: Town of Los Gatos. APPLICANT: Town of
Los Gatos - Parks and Public Works Department. PROJECT PLANNERS: Shelayne
Hammack and Jennifer Savage.
Motion by Commissioner John Bourgeois and seconded by Commissioner Joanne Talesfore
to approve Consent Item #1 and Consent Item #2.
Motion carried 5-0 with Commissioner Thomas O'Donnell and Commissioner Marico Sayoc
absent.
Commissioner Joanne Talesfore thanked the staff for the detailed proposals for the cell towers
in the staff report for Item #1.
CONTINUED PUBLIC HEARINGS - NONE
NEW PUBLIC HEARINGS
Commissioner Margaret Smith commented that she must recuse herself from Item #3 because
she lives within 500 feet of the subject property.
3. 50 University Avenue, Suite 300 - Conditional Use Permit Application U-12-013.
Requesting approval of a Conditional Use Permit to operate a private school in an upper
floor tenant space on property zoned C-2:LHP:PD. APN 529-02-044. PROPERTY
OWNER: Street Retail Inc., LLC. APPLICANT: Shlemmer Algaze Associates. PROJECT
PLANNER: Marni Moseley.
Chair Marcia Jensen opened the public hearing.
Planning Commission Minutes Page 3 September 12, 2012
Associate Planner Marni Moseley noted that she did not have anything to add to the staff
report.
Vice Chair Charles Erekson
Asked what will happen to the current Fusion Academy if it moves to the new location.
Asked about interest in Fusion from the residents.
Asked about accreditation status of Fusion.
Associate Planner Marni Moseley
Commented that Fusion currently operates a tutoring only center located in a suite in the
basement at S. Santa Cruz Avenue. The applicant is proposing to vacate that location when
the proposed location is open, but is not required to.
Commented that the applicant has submitted two letters of interest from the community and
there are also speakers in the audience tonight.
Commented that the applicant will speak to the accreditation issue.
Commissioner Joanne Talesfore
Asked if office uses are allowed by right on the second floor and if school uses would require
a separate Conditional Use Permit (CUP).
Asked if any other school can qualify in the future if a CUP is granted.
Asked how many parking spaces are at Old Town.
Confirmed that currently there are office space uses in Old Town.
Associate Planner Marni Moseley
Commented that another school could qualify in the future since a CUP runs with the land
and is condition specific.
Commented that she did not have the number of parking spaces at Old Town, but that Fusion
requires 36 spaces. Staff modified the parking to 38 spaces to comply with the parking
requirements for an office use that this space would require.
Commissioner John Bourgeois
Asked about the nature of the non-teaching events.
Associate Planner Marni Moseley
Commented that staff has discussed non-teaching events with the applicant and the Condition
is worded so that the special events will not exceed the maximum attendance allowance for
the school.
Danna Sigal and Danielle Ryckman, Applicants, gave a presentation on the proposed project.
Commission Questions:
Asked about the drop off point for students.
Asked about the first floor entry and if it will be shared with another tenant.
Asked if the majority of the students are in grades 10-12.
Asked if there are more tutored or full time students.
Planning Commission Minutes Page 4 September 12, 2012
Asked what empirical evidence there is to support the need for this type of instruction.
Asked if there has been any interaction with the school districts.
Asked about accreditation status.
Asked if Fusion would be willing to offer accreditation status as a Condition of Approval.
Asked what the typical time frame is to receive accreditation.
Asked how many teachers will be present during hours of operation.
Asked why this space was chosen.
Asked about the non-teaching events and how they will stay within the maximum number.
Asked about the frequency of the teacher trainings.
Dana Sigal, Danielle Ryckman, and Jeff Poole, American Education Group (Partner
Organization with Fusion Academy) responded to Commission Questions:
Commented that parents will be advised during the intake process that they will need to pull
into a parking space when dropping off the students.
Commented that the landlord is in the process of providing a dedicated entrance for the
tenant suite.
Commented that the majority of Fusion’s campuses have more high school than middle
school students.
Commented that students can access the tutoring and mentoring to support academic work at
their local school. Some students come for credit recovery and others can receive a full
school day alternative. Full time students are there about six hours and start times are
staggered throughout the day.
Commented that Fusion is new to the area but they have spoken with many professionals in
the area who have expressed a need for this type of instruction. They do have a waiting list
for the program which includes providing a full education.
Commented that Fusion has spoken with Los Gatos High School and some of the middle
schools about providing tutoring support but they do not have a formal agreement in
place. There has not been a conversation with the superintendents.
Confirmed that accreditation is with the Accrediting Commission for Schools Western
Association of Schools and Colleges (ACS WASC). The accreditation status is on a school-
by-school basis. Los Gatos has not yet been accredited but WASC has provided a letter of
support and they do intend to accredit them. All the other Fusion schools in California are
accredited.
Commented that he handles all of the accreditation and that all of the schools are WASC
accredited with the exception of Fusion Walnut Creek and Fusion Los Gatos because you
cannot get accreditation until you are open. All of the Fusion schools have received
accreditation on the first round for a three-year period. He wants to think about his response
to making accreditation a Condition of Approval.
Commented that accreditation typically requires that a school be open for one year, but
WASC has accredited all of their schools within the first six months.
Commented that there are 25 teachers but the schedules are staggered throughout the day. It
would be rare for all 25 teachers to be there at the same time. There will probably be a
maximum of 15 teachers on-site if the waiting list is accommodated.
Commented that they look for space where students have access to amenities and will feel
part of the community. Fusion does a long vetting process to find the right location and
Planning Commission Minutes Page 5 September 12, 2012
business model. The architects do five or six fit programs to find what will work best. The
flow of this space and natural light will provide a positive learning environment.
Commented that the non-teaching events are parent open houses three or four times per year.
There will be an open house once the school opens. Teacher trainings occur on-site in the
later evening hours or on weekends. Fusion will stick to the maximum capacity allowances.
Commented that teacher trainings typically happen in the evenings or on Saturdays.
Kris Johnsgard
Commented that they endorse the strong learning experience that Fusion offers noting that
this is a great opportunity for the Town.
Commented that their son was having difficulty in the middle school environment and that
Fusion has been a tremendous experience for him.
Colton Johnsgard
Commented that public school was not a fit for him. Fusion is perfect for him and he could
not ask for more academically. The one-on-one experience is very helpful. The teachers
teach the students the way the students need to be taught and he understands more school
work and subjects in a shorter period of time. He praised Danielle Ryckman and all of the
teachers.
Siobhan Fitzgerald
Commented that she moved to California six years ago. She has a daughter that does not fit
into the public school system. She has tried other tutoring services that did not meet her
daughter’s needs.
Commented that this location is ideal for riding a bike or scooter to school.
Commented that having Fusion in town will help to support local businesses.
Tiffany Boltz
Commented that her 17-year-old daughter is a full time student at Fusion and this is her
senior year. Her daughter did not have success in public school, but she is now able to go to
college.
Commented that it is a benefit to have Fusion in the community so her daughter can go to
school and still have her friends and be part of the community.
Commented that the long waiting list speaks to the empirical evidence of the need for this
school.
Maria Risto
Commented that she lives near the existing Fusion facility and she has not experienced any
impact from the school. In fact, she did not even know they were there when they moved in.
Commented that her son is a student at Los Gatos High School and is struggling with the
teaching format. He took a class at Fusion that was very beneficial for him. She believes
that this is an unmet need.
Planning Commission Minutes Page 6 September 12, 2012
Sue Farwell
Commented that Fusion sounds like a fantastic school and is a good fit for the community.
Her concern is the sheer volume of people at the site and the impact from the volume of
traffic on the streets in that area.
Asked if the number of full time students can be limited along with the tutoring so there are
not so many people at the location at the same time.
Danna Sigal
Commented that the occupant load for Fusion at 70 occupants will be less than the previous
use of retail which was 124 occupants.
Jeff Poole
Commented that Fusion would be willing to come back and speak to the progress on
accreditation.
Commissioner John Bourgeois
Confirmed that the maximum occupancy is 72.
Asked about number of non-teaching events per year.
Asked if the applicant would agree to modifying the Conditions to limit the non-teaching
events to two per month.
Asked for clarification on hours of operation.
Jeff Poole
Commented that open houses for new students can be limited to once or twice per month.
There are typically five to ten families that attend. Teacher trainings would never exceed the
numbers.
Commented that they would agree to a Condition limiting non-teaching events.
Commented that classes are held four days a week, but the school is open Monday to Friday
for special needs. The hours are staggered throughout the day.
Commissioner Joanne Talesfore
Asked if there are speaker events for parents.
Jeff Poole
Commented that they have had speaker events with 20 parents. They could limit the events
to two per month.
Chair Marcia Jensen
Asked about specificity for occupancy at non-teaching events.
Jeff Poole
Asked if Condition #4 could be modified to state that no event of any type would ever exceed
72 people.
Planning Commission Minutes Page 7 September 12, 2012
Commissioner Joanne Talesfore
Commented that the intensity that the school could draw is the issue. Good schools tend
to expand their capacities.
Associate Planner Marni Moseley
Clarified that Condition #4 was worded so that the maximum of 72 would not be exceeded if
there is instruction and an event going on at the same time.
Commissioner Joanne Talesfore
Asked how Fusion manages field trips.
Jeff Poole
Commented that field trips are rare. It will be a group of students, parents and staff. Parents
and staff will drive or meet at a location. No special vehicles are used.
Vice Chair Charles Erekson
Asked for clarification of days of operation and if Fusion is open on weekends.
Jeff Poole
Commented that the school is available to be open on weekends, but classes are not
scheduled then. Tutoring could occur on a weekend.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Joanne Talesfore
Asked for clarification of Condition #9 regarding field trips.
Asked if there is a loading zone at Old Town.
Asked where employees of Old Town park.
Associate Planner Marni Moseley
Commented that Condition #9 is for field trips to be coordinated off-site but Fusion wanted
the ability to drop off students on-site.
Commented that regular vehicles are not permitted in loading zones. Staff would not suggest
that exception because it would impact commercial businesses on site.
Acting Principal Planner Joel Paulson
Commented that there is a loading zone in the rear of Old Town and there are no special
hours.
Commented that employees are not asked to park off-site. Parking requirements are intended
to support patrons and employees except during holidays when there is off-site parking for
employees.
Commissioner John Bourgeois
Confirmed that there are no other special findings beyond what is in the staff report.
Planning Commission Minutes Page 8 September 12, 2012
Vice Chair Charles Erekson
Commented that there has been significant public testimony tonight about the need for
Fusion in Town.
Noted that the applicant read into the record a letter from the Executive Director of WASC
that commends the particular approach to education and that there is a high likelihood of
accreditation.
Motion by Vice Chair Charles Erekson and seconded by Chair Marcia Jensen to approve
Conditional Use Permit Application U-12-013 subject to the conditions as noted in Exhibit 3 of
staff report dated September 12, 2012, with the following modifications: strike the phrase
"facility tours" in Condition #6 and replace it with "school tours" and add the language "not to
exceed two per month"; add the word "generally" between "should" and "be" in the first sentence
of Condition #9 and delete the phrase "if possible." The required findings were made as noted
in Exhibit 2 of staff report dated September 12, 2012.
Chair Marcia Jensen
Seconded the motion and asked if Vice Chair Erekson would consider an additional
condition that this matter be returned to the Commission six months after the date of
approval and opening of the school for a review of compliance with the Conditional Use
Permit (CUP) and an update on accreditation progress.
Vice Chair Charles Erekson
Asked if it is normal to have a CUP compliance review at six months and have it come back
before the Commission.
Associate Planner Marni Moseley
Commented that they have done CUP compliance reviews before but staff generally
encourages it to be done as a memo from staff to the Commission rather than a public
hearing item.
Chair Marcia Jensen
Commented that she prefers a public process rather than a memo because it allows the public
an opportunity to speak to any issues.
Vice Chair Charles Erekson
Accepts the amendment to the motion if the time period is extended to one year to allow the
school to run a full cycle and not to make note of accreditation since the Town does not have
the authority to require that of the applicant.
Town Attorney Judith Propp
Asked if the CUP review is at the end of the first year or every year.
Chair Marcia Jensen
Agreed to Vice Chair Erekson’s changes to her amendment to the motion.
Commented that the CUP review would be at the end of the first year and at that time it
would be determined if further review is necessary.
Planning Commission Minutes Page 9 September 12, 2012
Vice Chair Charles Erekson
Confirmed that he understood the intent of Chair Jensen's motion amendment.
Commissioner Joanne Talesfore
Commented that she understands the need for schools like this, but she is concerned about
the intensity and the parking.
Proposed that a condition be added to address specific parking and that some parking be
required to be off-site.
Vice Chair Charles Erekson
Asked staff how many parking spaces were allocated to the upstairs area when the prior user
was in business.
Acting Principal Planner Joel Planner
Commented that 38 parking spaces were allocated to this space.
Vice Chair Charles Erekson
Commented that he does not accept another addition to the motion regarding parking
requirements since he does not believe that parking will be an issue.
Chair Marcia Jensen
Commented that she is sympathetic to Commissioner Talesfore’s concerns but she would
have a hard time limiting the parking further. She is comfortable with the motion particularly
since the CUP will be coming back for review.
Commissioner John Bourgeois
Commented that the one-year review gives him a level of comfort. He will support the
motion and noted that he appreciates the parents who came out to speak. He is sensitive to
the loss of retail in Old Town but does not believe the use is incompatible, as the original use
of Old Town was a school.
Commissioner Joanne Talesfore
Commented that she is sorry that better arrangements could not be made for parking, but she
believes the school is needed in Town and she will support it.
Motion carried 4-0 with Commissioner Thomas O'Donnell and Commissioner Marico Sayoc
absent, and Commissioner Margaret Smith recused.
Acting Principal Planner Joel Paulson recited appeal rights.
CONTINUED OTHER BUSINESS - NONE
Planning Commission Minutes Page 10 September 12, 2012
NEW OTHER BUSINESS
4. Report from Director of Community Development
a. Acting Principal Planner Joel Paulson reported that on September 4, Town Council
held a study session to provide direction on potential amendments to the Story Pole
Policy and discussed Code Enforcement Policies and Procedures and provided
direction to fund a part-time or contract Code Enforcement Officer. Council also
approved the CUP for Lexington House at 40 N. Santa Cruz Avenue stating that it did
not believe the Commission erred in its interpretation of Ordinance 2021. The Council
added a condition that the CUP is subject to any future ordinances for any formula
restaurants.
Vice Chair Charles Erekson asked what the findings were for the Council to support
replacing retail with a restaurant.
Acting Assistant Community Development Director Sandy Baily commented that
the Council stated that it had the latitude because the policy discourages rather than
prohibits replacing retail with a restaurant and that a number of people spoke in favor
of the proposal.
Vice Chair Charles Erekson confirmed that since Ordinance 2021 discourages rather
than prohibits the replacement of retail that Council exercised wiggle room with no
particular findings and that a large number of the public spoke in favor and provided
convincing testimony to help shape the Council’s decision.
Commissioner John Bourgeois commented that the Council also considered the
division of uses in the space and asked if new information or policy led to its decision.
Acting Assistant Community Development Director Sandy Baily commented that
Council’s decision was based on new information along with policy.
Town Attorney Judith Propp commented that there was no need for the Council to
make a finding since this was not an appeal but rather a recommendation by
the Planning Commission.
5. Commission Matters
a. Commissioner Joanne Talesfore commented that she will be on vacation on
September 26 and will not be at the Commission meeting.
ADJOURNMENT
Meeting was adjourned at 8:55 p.m.
Planning Commission Minutes Page 11 September 12, 2012
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, September 12, 2012
___________________________________________
Marcia Jensen, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Joel Paulson
Acting Principal Planner