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Draft Mins 10.10.12Planning Commission Minutes Page 1 October 10, 2012 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, OCTOBER 10, 2012 Chair Marcia Jensen called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Marcia Jensen, Commissioner John Bourgeois, Commissioner Marico Sayoc, Commissioner Margaret Smith, and Commissioner Joanne Talesfore. Absent: Vice Chair Charles Erekson and Commissioner Thomas O'Donnell. Others: Town Attorney Judith Propp, Acting Principal Planner Joel Paulson, Senior Planner Suzanne Avila, Associate Planner Marni Moseley, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Chair Marcia Jensen. APPROVAL OF MINUTES OF SEPTEMBER 26, 2012 Commissioner Joanne Talesfore noted that while she was not present at the meeting of September 26, she has reviewed the meeting minutes and will be participating in the vote. She added that she has read through the Sustainability Plan and believes that the questions raised were thoughtful. She supports the changes that were included in the recommendation to Town Council. Motion by Commissioner Margaret Smith and seconded by Commissioner Marico Sayoc to approve meeting minutes of September 26, 2012. Motion carried 5-0 with Vice Chair Charles Erekson and Commissioner Thomas O'Donnell absent. WRITTEN COMMUNICATIONS - NONE REQUESTED CONTINUANCES - NONE Planning Commission Minutes Page 2 October 10, 2012 SUBCOMMITTEE REPORTS Chair Marcia Jensen noted that she will be reporting on the Historic Preservation Committee since Vice Chair Erekson and Commissioner O’Donnell are absent. Historic Preservation Committee -- Chair Marcia Jensen reported that the committee met earlier today and recommended approval of an Architecture and Site (A&S) application for exterior modifications at 41 N. Santa Cruz Avenue and approved an A&S application for exterior modifications at 44 Broadway. VERBAL COMMUNICATIONS (AUDIENCE) David De Carion  Commented that he has lived in Los Gatos since 1969 and would like the Town to invoke a policy regarding newspaper racks in the downtown area. They look terrible and are an attraction for graffiti. A uniform rack should be considered. Acting Principal Planner Joel Paulson  Commented that the Town does have a program where it is changing out the newspaper racks to make them the same style. He will check with staff and update the Commission on the progress. Town Attorney Judith Propp  Commented that Town Council did adopt an ordinance last year regarding newspaper racks for the downtown core business district and the policy is available in the Town Code on-line. CONSENT CALENDAR 1. *2 Brickway Court - Architecture and Site Application S-12-064. Requesting approval to demolish a single family residence and secondary dwelling unit, to construct a single family residence with reduced setbacks on a non-conforming lot, and to waive the requirement to underground utilities on property zoned RM-12:20. APN 529-09-049. APPLICANT/PROPERTY OWNER: Ravi Shankar. PROJECT PLANNER: Jennifer Savage. Commissioner John Bourgeois  Confirmed that the reason there were no story poles is because this was a previously approved A&S application rather than a new project. Motion by Commissioner John Bourgeois and seconded by Commissioner Joanne Talesfore to approve Consent Item #1. Motion carried 5-0 with Vice Chair Charles Erekson and Commissioner Thomas O'Donnell absent. Planning Commission Minutes Page 3 October 10, 2012 CONTINUED PUBLIC HEARINGS 2. Zoning Code Amendment - Zoning Code Amendment A-12-002. Requesting to amend Section 29.60.320 of the Town Code regarding permitted uses in the C-2 Zone. APPLICANT: Hallway Partners LLC. PROJECT PLANNER: Marni Moseley. Commissioner Marico Sayoc noted that she will be recusing herself because she lives within 500 feet of the subject property. Chair Marcia Jensen opened the public hearing. Associate Planner Marni Moseley noted that she did not have anything to add to the staff report. Commissioner Joanne Talesfore  Asked if it would be possible to grant a CUP (Conditional Use Permit) for this specific use. Associate Planner Marni Moseley  Commented that office use in the C-2 Zone is not allowed by CUP. Marvin Bamburg, Architect, gave a presentation on the proposed Zoning Code Amendment. Commissioner Margaret Smith  Asked when was the last time that this property had a tenant.  Asked what kind of retail tenants were interested in the space.  Asked what the difference in rent would be for a retail space rather than an office tenant. Marvin Bamberg  Commented he did not know about the timing of the last tenant.  Commented that there is a list in the packet of retail businesses that responded to the ad, but they did not want the space after seeing it.  Commented that Hallway Partners would have the information on rents. The space is currently being upgraded by the owner and is useful as offices right now. David De Carion  Commented that he is the managing general partner of the group that owns the two-story mixed retail and office building on the corner of Bean Avenue. He would prefer to rent the interior courtyard space as retail rather than office, but there has been no interest.  Suggested that the Town consider an exception to the requirement for retail if a tenant has no foot traffic or display windows visible on a public street or sidewalk. Rita Marcojohn  Commented that she owns a business on Royce Street and she wants the proposed building to be fixed up because it is a dump. Retail is changing and they survive on multi-channel development. A fully occupied building would benefit the retailers in the area and the community. Planning Commission Minutes Page 4 October 10, 2012 Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner John Bourgeois  Commented that even though the Commission is very hesitant to remove the requirement for retail in the downtown, this is a good case where an exception is warranted since the property could not support a viable retail tenant. Motion by Commissioner John Bourgeois and seconded by Chair Marcia Jensen to forward a recommendation to Town Council for adoption of Zoning Code Amendment A-12-002 requesting to amend Section 29.60.320 of the Town Code regarding permitted uses in the C-2 Zone subject to the required findings as noted in Exhibit 1 of the staff report dated October 10, 2012. Chair Marcia Jensen  Echoed Commissioner Bourgeois's comments agreeing that the spaces are not amenable to retail. Commissioner Joanne Talesfore  Commented that the Conceptual Development Advisory Committee (CDAC) also heard the proposal earlier this year and agreed that there was reason to grant a zone change for this property. She would prefer that it be limited to office rather than personal service due to the traffic generated by personal service businesses. Associate Planner Marni Moseley  Commented that this Town Code section applies both to office and personal service business. Traffic generations are the same, per ITE (Institute of Transportation Engineers) calculations, for both uses. Acting Principal Planner Joel Paulson  Commented that the Commission could make as part of the motion that the Council considers making this property a separate category. Commissioner John Bourgeois  Commented that he appreciates Commissioner Talesfore’s concern but does not share it to the degree of changing the motion. Commissioner Margaret Smith  Commented that this change will open up the avenue for other ill-situated properties to change from retail to office. She does have some strong reservations about this, but she will support the motion because she understands the issues of the building. Motion carried 4-0 with Vice Chair Charles Erekson and Commissioner Thomas O'Donnell absent, and Commissioner Marico Sayoc recused. Chair Marcia Jensen called for a recess at 7:29 p.m. and reconvened the meeting at 7:40 p.m. Planning Commission Minutes Page 5 October 10, 2012 NEW PUBLIC HEARINGS 3. 109 Spreckles Avenue - Architecture and Site Application S-12-074. Requesting approval to demolish and existing single-family residence and to construct a new residence on property zoned R-1:20. APN 532-30-047. PROPERTY OWNER: Kelly and Margaret Ryan. APPLICANT: Gary Kohlsaat, Architect. PROJECT PLANNER: Suzanne Avila. Chair Marcia Jensen opened the public hearing. Senior Planner Suzanne Avila noted that she did not have anything to add to the staff report. Commissioner Marico Sayoc  Confirmed that the letters in the packet were received prior to the changes noted in the staff report and to the change in the size of the patio. Kelly Ryan, Applicant, and Gary Kohlsaat, Architect, gave a presentation on the proposed project. Commissioner Marico Sayoc  Asked about the depth of the east patio.  Asked if the house could be shifted to the west by two feet. Gary Kohlsaat  Commented that the patio is about 14 feet deep and 18 feet wide.  Commented that shifting the house two feet was discussed but the breakfast room is already set back by 30 feet. Moving it by two feet is possible but there is no benefit to that. The only thing that would solve the Wongs’ concerns would be to move the house 10-20 feet back but it would impact the grading into the hillside. Larry Wong  Commented he has lived at 221 Vista Del Mar for 40 years and the proposed project is well designed but there is a de-emphasis on the privacy issues to his house. He disagrees with information in the staff report about the view from the second floor window of the proposed house. His desire to maintain privacy should be equally weighed.  Commented that the house is tilted to his house with a minimum setback of 15 feet and that the topography should not be the only consideration of a siting.  Referenced the Residential Design Guidelines regarding minimizing privacy intrusions on adjacent residences. He believes the solutions are to relocate the second floor window that faces his house and increase the setback of the right elevation.  Commented that screening is a good idea but in this situation the trees are planted too close to two oak trees that are in poor condition. Commissioner Joanne Talesfore  Asked for clarification about the bathroom window facing his house. Planning Commission Minutes Page 6 October 10, 2012 Larry Wong  Commented that the suggestion is to relocate the bathroom window to increase the dormers on the north side and eliminate the window on the east side. It would also help if the sill height was higher than three feet. They are used to complete privacy. Becky Wong  Commented that recently she saw the Ryans sitting on the roof of the existing house and she was able to see them from her kitchen and bedroom. There is no question that their privacy will be severely impacted. It is disturbing to lose their privacy and the privacy encroachment will rob her of her peace of mind daily.  Commented that they have reached out to the Ryans and the architect and they appreciate what they are trying to do, but she hopes that the Ryans will modify the house further. Commissioner Margaret Smith  Asked Mrs. Wong if she was able to hear the previous tenants in the backyard. Becky Wong  Commented that the Wilsons (previous owners) were very quiet and Mrs. Wilson used to say that she found it comforting to see lights on in the Wongs’ home.  Commented that the patio extends out farther toward the property line. Kenneth Lai  Commented he lives at 227 Vista Del Mar which is adjacent and downhill from the proposed house. The proposed house meets the Residential Design Guidelines for FAR (Floor Area Ratio) but not in mass, bulk and scale of the immediate neighborhood.  Commented that he disagrees with the architect that views to the house from surrounding properties will be minimal due to topography and mature landscaping. The maximum height of the existing house is 15 feet and the proposed house is 28 feet, 11 inches. It is like looking up at a three-story castle from his kitchen and backyard. Commissioner Margaret Smith  Asked what type of foliage is in his patio and if the previous owners (Wilsons) could see his house. Kenneth Lai  Commented he has screening on the back property line that has been there for 40 years. He could not see the Wilsons and they could not see his home. Commissioner Marico Sayoc  Asked Mr. Lai if he spoke with the applicant and saw the revised plans. Kenneth Lai  Commented that he spoke to the applicant but the changes were not presented to him. Changing the bedroom to a bathroom is an improvement, but he prefers that the window be moved to eye level. Planning Commission Minutes Page 7 October 10, 2012 Mabel Lai  Commented that she has lived in Los Gatos for 49 years. They chose Los Gatos because of friendliness, quiet surroundings and the emphasis on providing its residents with a high level of privacy. She now spends a lot of time in her home and enjoys her privacy. The proposed house will loom over their house and look right into their master bedroom and patio.  Commented that she is grateful that the Ryans have listened to their concerns, but requested that the plans be modified to relocate or raise the opening of the bathroom window. Gary Kohlsaat  Commented that they planted the trees under the supervision of a landscape architect. The intent of the new trees is to fill the hole in the screening and not affect the oak trees.  Showed pictures of the view of the neighbors’ houses noting that he tried to minimize the change for the neighbors.  Commented that there is only one bathroom window that faces the neighbors and he has raised the window to seven-and-one-half feet with an eight-foot ceiling. The window is up three-and-one-half-feet off the floor right behind the toilet.  Commented that it is not the Ryans’ intent to invade the privacy of anyone. Commissioner Joanne Talesfore  Asked if the bathroom window could be placed horizontally. Gary Kohlsaat  Commented that the window cannot be placed horizontally but it would be acceptable to raise it up to four feet. Commissioner Margaret Smith  Asked about the limitations in raising the bathroom window any higher.  Asked where the existing screening is. Gary Kohlsaat  Commented they are limited by the 8 foot ceiling.  Commented there is only a garage adjacent to the Lai residence. Commissioner Marico Sayoc  Confirmed that the patio is now at 14 feet. Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Marico Sayoc  Commented that the house is beautifully designed. The overall issue of design and placement is not an issue. The three points of contention are: the window, the patio, and moving the house back.  She agrees that the change to a smaller bathroom window mitigates the neighbors’ privacy issue and raises a privacy issue more for the applicant. Any increase in the window height would be an improvement. Planning Commission Minutes Page 8 October 10, 2012  Commented that the patio is a bigger issue and the requested setback to reduce it to six feet in depth is reasonable.  Commented that moving the house back two feet does not add any benefit. Commissioner Joanne Talesfore  Commented she understands the neighbors’ concerns but change happens and she does not believe that the Ryans are intending to impact anyone's privacy.  Commented that raising the window would be a benefit to augment the neighbors’ concern.  Commented that she believes there needs to be a reduction in the patio, but not sure it should be to six feet. Chair Marcia Jensen  Commented that she agrees that the applicant has made a reasonable compromise with the changes.  Commented that she is not sure raising the window six inches makes much difference. It is unreasonable to have no windows on one side of the house.  Commented that moving the house two feet would not make any difference.  Commented that a six-foot patio is unreasonable on this size of a house. She understands the concerns of the neighbors but change is inevitable and she is inclined to approve it as it is shown. Commissioner Margaret Smith  Commented that this is a wonderful neighborhood and the residents have stepped up with concerns and the Ryans have responded to the concerns. The accommodation of moving the bedroom was an extraordinary concession. She hopes that the screening will take care of the privacy issues and if raising the window another six inches could help, she would encourage that.  Commented that a six-foot patio seems unreasonable. Commissioner John Bourgeois  Commented he concurs with Chair Jensen that the changes were extreme concessions. His one concern is the bulk and mass of the project. This is an unusual lot and it does not fit well with the definition of the immediate neighborhood. The tree removal is minimal, but this is a two-story house on a prominent knoll. Commissioner Marico Sayoc  Commented that the site visit made it reasonable to her to see how far removed the homes are. Motion by Commissioner Marico Sayoc and seconded by Commissioner Joanne Talesfore to approve Architecture and Site Application S-12-074 subject to the conditions as noted in Exhibit 3 and the development plans as noted in Exhibit 13 of staff report dated October 10, 2012, with the added condition of raising the bathroom window sill an additional six inches. The required findings were made as noted in Exhibit 2 of staff report dated October 10, 2012. Planning Commission Minutes Page 9 October 10, 2012 Commissioner Joanne Talesfore  Seconded the motion and commented that the house is shrouded in abundant foliage and placed on the property so it is removed from the immediate neighbors. Motion carried 5-0 with Vice Chair Charles Erekson and Commissioner Thomas O'Donnell absent. Acting Principal Planner Joel Paulson recited appeal rights. CONTINUED OTHER BUSINESS - NONE NEW OTHER BUSINESS 4. Report from Director of Community Development - None 5. Commission Matters - None ADJOURNMENT Meeting was adjourned at 8:42 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, October 10, 2012 ___________________________________________ Marcia Jensen, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Acting Principal Planner