Draft Mins 10.24.12Planning Commission Minutes Page 1 October 24, 2012
DRAFT
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, OCTOBER 24, 2012
ROLL CALL
Chair Marcia Jensen called the meeting to order at 7:00 p.m.
Present: Chair Marcia Jensen, Vice Chair Charles Erekson, Commissioner Thomas
O'Donnell, Commissioner Marico Sayoc, Commissioner Margaret Smith, and
Commissioner Joanne Talesfore.
Absent: Commissioner John Bourgeois
Others: Town Attorney Judith Propp, Acting Community Development Director Todd
Capurso, Strategic Projects Director Wendie Rooney, Senior Planner Suzanne
Avila, Assistant Civil Engineer Trang Tu-Nguyen, and Recording Secretary
Linda Rowlett.
PLEDGE OF ALLEGIANCE
Led by Chair Marcia Jensen.
APPROVAL OF MINUTES OF OCTOBER 10, 2012
Motion by Commissioner Joanne Talesfore and seconded by Commissioner Margaret Smith
to approve meeting minutes of October 10, 2012.
Motion carried 6-0 with Commissioner John Bourgeois absent.
WRITTEN COMMUNICATIONS
Chair Marcia Jensen noted that there was a desk item for Item #1 and Item #2.
REQUESTED CONTINUANCES - NONE
Planning Commission Minutes Page 2 October 24, 2012
SUBCOMMITTEE REPORTS
Historic Preservation Committee -- Vice Chair Charles Erekson reported that the committee
met this afternoon and approved Architecture and Site (A&S) applications for 236-238
Bachman Avenue and 134 Massol Avenue and continued A&S applications for 327 University
Avenue and 160 W. Main Street. The committee also approved the removal of a residence at
98 Central Court from the Historic Resources Inventory.
VERBAL COMMUNICATIONS (AUDIENCE) - NONE
CONSENT CALENDAR - NONE
CONTINUED PUBLIC HEARINGS - NONE
NEW PUBLIC HEARINGS
1. 41 N. Santa Cruz Avenue - Architecture and Site Application S-12-023 - Requesting
approval of exterior modifications to an existing commercial building (Los Gatos Theater)
on property zoned C-2. APN 510-44-031. PROPERTY OWNER: Three Sisters LLC.
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 Joanne Talesfore
• Asked why there were no story poles or orange netting.
Senior Planner Suzanne Avila
• Commented that story poles were not required because there was no addition proposed to the
building. The project architect has prepared computer models which show the 3-D view and
three of these models are attached to the staff report.
Chair Marcia Jensen
• Asked why the application was bifurcated between the Architecture and Site (A&S)
Application and the Conditional Use Permit (CUP).
Senior Planner Suzanne Avila
• Commented that the A&S Application was brought forth separately because the CUP was not
ready at the time the A&S was advertised. The CUP has been completed and is scheduled
for December 12. The CUP may be moved up if an earlier meeting is available. The
applicant was anxious to get started with exterior improvements because the theater has been
shut down and they would like to have it reopened by June 2013.
• Commented that there is a valid CUP for the operation of the theater and a new CUP is not
needed to allow the operation of the two screens.
Planning Commission Minutes Page 3 October 24, 2012
Commissioner Margaret Smith
• Asked if the Historic Preservation Committee (HPC) reports on the theater are available.
Senior Planner Suzanne Avila
• Commented that there are recorded minutes from all three HPC meetings. The first meeting
was informal and no action was taken. When the committee reviewed plans in January, it
made a recommendation for approval; however, a formal application had not yet been
submitted so the item went back to the committee a third time with the current plans and the
committee made a formal recommendation on October 10.
Chair Marcia Jensen
• Asked if the tile would go back to HPC as an informal matter.
Senior Planner Suzanne Avila
• Commented that the HPC wanted to see the detail of the tile in the format of a memorandum,
not as a regular agenda item.
Commissioner Joanne Talesfore
• Clarified that the HPC looked at the aspects of the previous building and what is being
proposed, and confirmed that the Planning Commission can also look at scale, mass, etc.
Senior Planner Suzanne Avila
• Commented that the HPC’s primary concern is that the art deco style is adhered to and that
the proposed improvements are cohesive and appropriate for that style of architecture. The
Commission does have further discretion.
Gary Kohlsaat, Architect, gave a presentation on the proposed project.
Commissioner Joanne Talesfore
• Thanked the applicants for bringing this before the Commission and asked for clarification
on the change to the exterior ambient lighting on the street from the marquee.
• Asked for clarification on the circle detail and if the neon on the corner of the marquee will
be retained.
• Asked if dimmers will be installed to adjust the lighting.
• Asked what type of posters will be used in the display cases.
• Asked how the outdoor lounge area will be lit.
• Asked how the pillars are being lit.
• Asked if there will be a wider frame around the marquees.
• Asked if there are plans to modify the existing landscaping.
• Asked for clarification on the railing above the marquee.
• Asked the applicant if he is working with a lighting designer.
Gary Kohlsaat
• Referred to the rendering showing the marquee lighting noting that the lights were reduced
since the rendering was done and that the signage is being lowered to eye level. The upper
Planning Commission Minutes Page 4 October 24, 2012
facade will be less bright than shown on the rendering. Two weeks ago they took all the
lighting off as shown on A-6.
• Referred to Addendum #1 as the updated drawing showing circle detail. The tubes will be
LED strip lighting. The neon lights on the front will remain as they are. LED will only be
used only if it mimics the neon.
• Commented that dimmers will be installed with the LED lighting.
• Commented that the posters will be LED TV screens without sound. The lighting will go off
when the theater lights go off.
• Commented that the outdoor lounge area will not be lit. There will be enough ambient
lighting from the building. There are also wall sconces for lighting on the balcony.
• Commented that the pillars will not be lit; they are just for relief.
• Commented that there is a band around the marquees.
• Commented that the street trees will be trimmed slightly. They are recommending removal
of a tree in the back that is in poor condition.
• Commented that the railing above the marquee on the balcony will be a 42-inch high guard
rail. It will be pipe railing commonly used in art deco buildings and it will be
monochromatic with the building.
• Commented that they may work with lighting designers for the exterior.
Commissioner Margaret Smith
• Asked if the lighting colors are able to be changed.
• Asked about the dimensions for the retail space to the right
• Asked if the office is for the theatre or for the retail.
Gary Kohlsaat
• Commented that neon lighting is not able to be changed, but LED lighting is changeable.
• Commented that the ticket booth and a staircase in that space will be moved making room for
retail space on the right. The space on the left is very small.
• Commented that the office will be for the theater use. A bathroom may be added for the
retail space.
Commissioner Marico Sayoc
• Asked about the neon lighting projection.
Gary Kohlsaat
• Commented that neon and LED lighting do not have beams. The spotlights on the rendering
are there are dramatic effect and could possibly be used for the opening night.
Commissioner Thomas O’Donnell
• Asked if the lighting will be LED or neon as indicated at the HPC meeting on October 10.
Gary Kohlsaat
• Commented that the lighting source has not been nailed down 100 percent. The proposed
strip lighting is LED that looks like neon but they have not yet found it. Sometimes LEDs
work and sometimes they do not.
Planning Commission Minutes Page 5 October 24, 2012
Vice Chair Charles Erekson
• Asked if there are lighting effect consequences that would be a concern if neon is used rather
than LED.
Gary Kohlsaat
• Commented that he did not think there would be any difference between the neon and LED
lighting. The intention is for the lighting to look like neon.
Chair Marcia Jensen
• Asked if he agrees with all of the recommendations in Condition #5 in the staff report as well
as the recommendation to "eliminate the neon (LED) tube lighting."
Gary Kohlsaat
• Commented that he believes that the HPC reference in Condition #5 to eliminate the tube
lighting was in reference to the facade and he agrees with all the recommendations.
Vice Chair Charles Erekson
• Asked if Condition #5.a. needs to be modified to be consistent with the HPC’s
recommendation and read, "Eliminate the neon (LED) tube lighting on the facade and
adjacent to the knife plate sign."
Gary Kohlsaat
• Commented that the revised language is much more precise.
Chair Marcia Jensen
• Confirmed with staff that the Commission’s approval of the exterior modifications does not
include any of the interior modifications.
Commissioner Thomas O’Donnell
• Asked what the intention would be for lighting intensity and how it would be tested.
• Asked applicant if he would object to a condition being added regarding testing of the
lighting to the satisfaction of Town staff.
Gary Kohlsaat
• Commented that he has done several projects with high end lighting and testing will be
done.
• Commented that a condition regarding testing of the lighting intensity would be acceptable.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Commissioner Thomas O’Donnell
• Asked staff how the Town can be satisfied with the final lighting project.
Planning Commission Minutes Page 6 October 24, 2012
Senior Planner Suzanne Avila
• Commented that she heard two concerns regarding LED lighting and language could be
added to Condition #5 that, "In the event that LED lighting cannot be used, the applicant
shall return to the Commission with an alternative." Language could also be added that,
"Tests shall be performed to ensure that the intensity of the exterior lighting does not exceed
the current level of lighting." Staff could then do an inspection prior to the final of the
building.
Vice Chair Charles Erekson
• Commented that he shares the Commission’s concerns regarding lighting; however, the
lighting could also enhance the exterior of the building and make it a prominent element on
the street.
• Commented that he is also concerned about splitting the applications for the exterior, interior
and the CUP.
Commissioner Joanne Talesfore
• Commented she is concerned about the CUP not being heard tonight.
• Asked if this application could come back on December 12 with the CUP.
Senior Planner Suzanne Avila
• Commented that A&S could be heard with the CUP on December 12 or earlier, if possible.
Commissioner Thomas O’Donnell
• Commented that he would like to have the option to make comments on the exterior lighting
once it is completed if it is not what was expected.
• Commented that he would like to proceed on A&S tonight with conditions added for
lighting.
Chair Marcia Jensen
• Commented that she agrees with Commissioners Erekson and Talesfore that the
applications should not be bifurcated. There are questions that are not able to be answered
tonight and she would agree that it should be heard with the CUP.
Commissioner Joanne Talesfore
• Commented that she would like to give the applicant more time than November 14, and
would prefer late November or December 12.
• Expressed concerns about the LED posters in the windows and asked for consideration in not
putting them adjacent to the sidewalk or perhaps putting them inside of the theater. She does
not want to lose the current historic ambience.
Motion by Commissioner Joanne Talesfore and seconded by Commissioner Thomas
O'Donnell to continue Architecture and Site Application S-12-023 to be brought back with the
CUP application at the earliest date possible with a focus on lighting, the tile, and the LED poster
windows.
Planning Commission Minutes Page 7 October 24, 2012
Commissioner Thomas O’Donnell
• Asked if the LED poster windows are covered by the Sign Ordinance.
Senior Planner Suzanne Avila
• Commented that staff will have to review the Sign Ordinance and get back to the
Commission. She noted that the Sign Ordinance does not allow moving signs.
Commissioner Joanne Talesfore
• Added that review of the Sign Ordinance will be part of the motion.
Motion carried 6-0 with Commissioner John Bourgeois absent.
Commissioner Margaret Smith
• Recommended that there have been some theater renovations in the area and asked that the
applicant bring back some visual examples.
Senior Planner Suzanne Avila
• Commented that the application will be renoticed since the CUP has not been noticed.
2. 135 Riviera Drive - Architecture and Site Application S-12-071. Requesting Architecture
and Site approval for renovation and 50-unit expansion of an existing apartment complex
(Riviera Terrace) within an approved Planned Development on property zoned RM:12-
20:PD. APNs 529-13-016, 529-09-027, 031, and 034. PROPERTY
OWNER/APPLICANT: Sobrato Interests IV. PROJECT PLANNER: Suzanne Avila.
Chair Marcia Jensen opened the public hearing noting that the Planned Development (PD)
Ordinance has been approved by the Town Council and that the Commission is only considering
the building design, exterior colors and materials, the landscape design, the lighting fixtures, the
trash enclosures, new fencing, and the project sign.
Senior Planner Suzanne Avila
• Noted that the desk item adds conditions that were left out of the staff report.
• Commented that she spoke with the property owner at 6 Brickway Court regarding parking
lot lighting and he expressed concern that the lighting would be obtrusive. Staff and
applicant will work with the resident so that the parking lot lighting does not spill over onto
the adjacent property.
Jim Guthrie (Architect) and Morgan Burke (Landscape Architect), Applicants, gave a
presentation on the proposed project.
Commissioner Joanne Talesfore
• Asked why the siding was replaced with stucco.
• Asked if there is any way to add detail to the stucco.
• Asked if there will be changes to the 24 apartments when they are converted to affordable
units.
• Asked about the staircases and if there are elevators.
Planning Commission Minutes Page 8 October 24, 2012
Jim Guthrie
• Commented that the current siding (Hardy Panel) has been discontinued.
• Commented that plaster control joints can be added to mimic the look of the Hardy Panel.
• Commented that there will be no additional changes to the apartments.
• Commented there are no elevators. The upper units are townhouses with stairs inside the
units, so there is only one flight of stairs up to the second floor.
Commissioner Marico Sayoc
• Asked about the lighting adjacent to the creek trail.
• Asked about the lighting near the Brickway Court neighbor.
Morgan Burke
• Commented that lighting will be directed away from the creek.
• Commented that the lighting on Brickway Court will be the same lighting used on the creek
trail and directed away from the units.
Chair Marcia Jensen
• Commented that she likes the prior design better and asked why the new design is preferred.
Jim Guthrie
• Commented because the new design is more simple and more in keeping with the existing
buildings.
Commissioner Margaret Smith
• Asked about the play area.
Morgan Burke
• Commented that there is not a dedicated tot lot but there are a lot of green spaces on the
property for play areas. A lot of the open space is dedicated to storm water treatment, but
they are open to keeping an open free use green space.
Commissioner Marico Sayoc
• Asked if there are ADA (Americans with Disabilities Act) requirements.
Jim Guthrie
• Commented that there are ADA requirements on the first floor of the new buildings and on
the fitness and leasing spaces and throughout the site. The existing buildings are
grandfathered in because they are so old it would be a hardship to try to bring them up to
standards.
Melissa Darnell
• Commented that she has lived in Los Gatos for 10 years.
• Commented that she is a commercial project manager and wholly supports renovations and
development, but she is concerned about noise mitigation and hours of operation for
construction.
Planning Commission Minutes Page 9 October 24, 2012
• Asked if the hours of operation for construction could be addressed.
Chair Marcia Jensen
• Commented that the PD has already been passed by Council. Noise can be monitored and
then any issues can be brought to the attention of the appropriate person.
Chair Marcia Jensen closed the public input portion of the hearing and returned to the
Commission for deliberations.
Motion by Vice Chair Charles Erekson and seconded by Commissioner Marico Sayoc to
approve Architecture and Site Application S-12-071 subject to the performance standards
included in the PD ordinance as noted in Exhibit 3 and the conditions as noted in Exhibit 4 of
staff report dated October 24, 2012. The required findings were made as noted in Exhibit 2 of
staff report dated October 24, 2012.
Chair Marcia Jensen
• Confirmed that Vice Chair Erekson wanted to include in the motion the new conditions as
noted in Desk Item #2.
Commissioner Margaret Smith
• Asked to add a condition for the green space for a play area.
Chair Marcia Jensen reopened the public hearing to get clarification from the applicant on the
play area.
Morgan Burke
• Commented that they can choose planting in that area such as turf that will make it accessible
as an open green space.
Chair Marcia Jensen closed the public hearing.
Motion carried 6-0 with Commissioner John Bourgeois absent.
Senior Planner Suzanne Avila recited appeal rights.
CONTINUED OTHER BUSINESS - NONE
Planning Commission Minutes Page 10 October 24, 2012
NEW OTHER BUSINESS
3. Report from Director of Community Development
a. Strategic Projects Director Wendie Rooney reported that the grand opening for the
Sports Park will be Saturday, August 27 from 10:00 a.m. to 12:00 noon.
b. Strategic Projects Director Wendie Rooney reported that the Town Council on
October 15 considered the Sustainability Plan and made a number of changes. She
provided copies of the changes to the Commissioners.
4. Commission Matters
a. Chair Marcia Jensen congratulated Vice Chair Erekson for his reappointment to
another four year term on the Planning Commission.
ADJOURNMENT
The meeting was adjourned at 8:52 p.m.
TOWN OF LOS GATOS PLANNING COMMISSION
Wednesday, October 24, 2012
___________________________________________
Marcia Jensen, Chair
APPROVED AS TO FORM AND ATTEST:
_____________________________
Wendie R. Rooney
Strategic Projects Director