Attachment 2 - March 10, 2021 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Kathryn Janoff, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett
Melanie Hanssen
Jeffrey Suzuki
Reza Tavana
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 2
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
P R O C E E D I N G S:
CHAIR JANOFF: We now move on to Public Hearing
Item 2. This item is to consider a request for approval for
a zone change from Office with a Landmark and Historic
Presentation Overlay to Single-Family Residential Downtown
with a Landmark and Historic Presentation Overlay. The
property is located at 246 Almendra Avenue. APN 510-14-019,
Zone Change Application Z-20-001. Property owner is Gary
Filizetti. Applicant is Brett Brenkwitz.
May I see a show of hands from Commissioners who
have visited the site? Thank you. Are there any
disclosures? I don't see any hands raised.
I understand Mr. Safty will be giving us the
Staff Report for this item.
RYAN SAFTY: Yes, thank you. Good evening,
Commissioners.
Before you tonight is a request for a zone change
from Office to Single-Family Residential Downtown at 246
Almendra Avenue. The Landmark and Historic Presentation
Overlay would remain.
The proposed zone change is consistent with the
existing Medium-Density Residential General Plan land use
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
designation and is compatible with the pattern of land use
and zoning on this block of Almendra Avenue.
The site is currently vacant from structures and
is developed as an overflow parking lot for the restaurant
to the north. Approval of the restaurant use was not
predicated on these overflow parking spaces and the
restaurant would continue to meet current parking
requirements onsite once the parking lot is removed. No
construction is proposed at this time.
The Applicant has provided a justification for
the zone change, included as Exhibit 4 in the Staff Report.
Based on the discussion provided in the Staff Report Staff
recommends that the Planning Commission make the required
findings in Exhibit 2 and forward a recommendation of
approval to the Town Council of the draft ordinance in
Exhibit 3.
This concludes Staff's presentation and we are
happy to answer any questions.
CHAIR JANOFF: Thank you for that, Mr. Safty.
Commissioners, do you have any questions for Mr. Safty or
Staff? Commissioner Hanssen.
COMMISSIONER HANSSEN: I just had one question
and it was about the parking, I mean since it is a parking
lot. It said that they have more than enough parking
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
spaces, but since it's downtown I wanted to check. They
have more than enough parking spaces based on actual
parking spaces that are there at the diner, or does it rely
on the Parking Assessment District spaces?
RYAN SAFTY: It would have enough parking spaces
onsite to meet the current parking demand for the
restaurant.
COMMISSIONER HANSSEN: Thank you.
CHAIR JANOFF: Any other questions? I have one
for Staff as a matter of clarification. Would you please
clarify for the benefit of the record why this matter is
coming to the Planning Commission without first being heard
by the General Plan Committee?
RYAN SAFTY: There's no amendment to the General
Plan as proposed; it's just a zone change amendment.
CHAIR JANOFF: Okay, thank you for that. Now we
will open up the public hearing to the Applicant who will
be given five minutes to address the Commission. Director
Paulson, who will be speaking for the Applicant?
DIRECTOR PAULSON: Mr. Brenkwitz will be
speaking. I'm going to allow him to speak.
BRETT BRENKWITZ: Good evening, Commissioners.
Can you hear me okay?
CHAIR JANOFF: We can, thank you. Go ahead.
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BRETT BRENKWITZ: This is Brett Brenkwitz; I'm
the architect/applicant for the project. I think this is a
pretty straightforward proposal. We ultimately would like
to pursue building a single-family dwelling, possibly a
detached garage in the back of the lot with a possibility
of any ADU over that.
As Staff has said, the parking that is there now
is not being counted or needed for the adjacent structures,
including the diner, so we think this is a good fit to
change the zoning and introduce a new single-family
dwelling in this neighborhood. It's fairly eclectic; there
is a lot of—as you know—commercial and residential in the
area and I think it would be a good fit. It would provide
some housing for the Town, and it would get rid of what
some may see as somewhat of a not aesthetic parking lot.
That basically concludes by brief presentation.
I'm available for any questions that you may have of me.
Thank you very much.
CHAIR JANOFF: Thank you for that, Mr. Brenkwitz.
Do any Commissioners have questions for the Applicant? I
see two hands raised. Commissioner Barnett and then
Commissioner Hanssen.
COMMISSIONER BARNETT: Yes, is Mr. Filizetti the
owner of the diner property?
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BRETT BRENKWITZ: Yes, Mr. Barnett, he is.
COMMISSIONER BARNETT: Thank you.
CHAIR JANOFF: Commissioner Hanssen.
COMMISSIONER HANSSEN: I just had a question
about your intent. I understand the request. Is it the
intent of the diner to sell the property for someone else
to make a residence or will you be hiring a developer to
make the residence?
BRETT BRENKWITZ: I'm not exactly sure what the
owner's intent is ultimately in that regard; I have not
really discussed that with him and we have not really
developed any designs yet for the lot. We obviously wanted
to get through this particular process before we started
going there.
COMMISSIONER HANSSEN: Sure, that's fine. Thank
you.
CHAIR JANOFF: Any other questions for the
Applicant? I don't see any hands raised. At this time we
will move to public comments. Members of the public may
choose to state your name and/or address or speak
anonymously, but please understand that this meeting is
being recorded for the public record.
Do we have any members of the public who would
like to speak on this item, Director Paulson?
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DIRECTOR PAULSON: I don't see any hands raised
but let's give it a second. We do now have one. Mr. Pratt.
JEFF PRATT: Can you hear me? I just unmuted.
CHAIR JANOFF: We can. Go ahead, thank you.
BRETT BRENKWITZ: My name is Jeff Pratt; I live
at 242 Almendra. I am the next-door neighbor to this
parking lot. I have lived at this location for about three
years and I just wanted to call in support of the project.
I think it would be very good for the neighborhood and I
think it would look much better than the parking lot that
is there. That's all that I have to say.
CHAIR JANOFF: Thank you very much for your
comments, Mr. Pratt. Do any Commissioners have questions
for the speaker? I don't see any hands raised.
BRETT BRENKWITZ: Thank you.
CHAIR JANOFF: Thank you. At this time the
Applicant has up to three minutes to add any further
comment. Does the Applicant wish to speak, Director
Paulson?
DIRECTOR PAULSON: If the Applicant wishes to
speak, or there's one more attendee on the call, they would
like to speak, use the raised hand feature. Otherwise we
will go back to the Applicant. So, I will allow Mr.
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Brenkwitz to speak again and see if he has any additional
comments.
BRETT BRENKWITZ: No, I really don't have any
additional comments, but as Mr. Pratt mentioned I think a
house would be preferable aesthetically compared to the
parking lot. In terms of the streetscape I think it's an
improvement, so we seek your approval in that regard. Thank
you very much.
CHAIR JANOFF: Thank you very much. Any further
questions for the Applicant from Commissioners? I don't see
any hands raised, so we will close the public portion of
the hearing and ask if the Commissioners have any questions
of Staff, wish to comment on the application, or introduce
a motion for consideration? Commissioner Hanssen.
COMMISSIONER HANSSEN: I was going to comment,
and if you would like I can make a motion, but I want to
comment that the application is perfectly reasonable,
especially in light of our need for additional housing in
town, and it also brings the zoning in line with the
General Plan designation, which is already Residential, so
I see no problems with this application and I would support
forwarding a recommendation to Town Council.
CHAIR JANOFF: I see heads nodding from fellow
commissioners.
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VICE CHAIR BURCH: I was thinking it sounds a lot
like the start of a motion?
COMMISSIONER HANSSEN: Would you like me to make
a motion?
CHAIR JANOFF: I would, thank you.
COMMISSIONER HANSSEN: Okay. I would like to make
a motion to forward a recommendation for approval of Zone
Change Application Z-20-001 for APN 510-14-019 at 246
Almendra, and I can make the finding that the project has
no impact on the environment under CEQA, and I can also
make the required finding that the proposed zone change is
consistent with the General Plan and all of its elements
and it brings it into consistency between the General Plan
and the zoning. That's my motion.
CHAIR JANOFF: Thank you for that. Do I have a
second? Vice Chair Burch.
VICE CHAIR BURCH: I'll second.
CHAIR JANOFF: Thank you. Any comments from
Commissioners? Commissioner Barnett.
COMMISSIONER BARNETT: It seems appropriate to
include in the motion that we're forwarding a
recommendation for the zone change application to the Town
Council.
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER HANSSEN: I thought I said it at the
beginning but if I didn't, you are correct, this is not an
approval, it is forwarding a recommendation for approval.
COMMISSIONER BARNETT: Thank you.
CHAIR JANOFF: Thank you for that. And if it is
not part of the motion then the Maker of the Motion has
agreed to include it if it was not part of the original
motion.
So, without any other comments, I'll call the
roll. Commissioner Hanssen.
COMMISSIONER HANSSEN: Yes.
CHAIR JANOFF: Commissioner Tavana.
COMMISSIONER TAVANA: Yes.
CHAIR JANOFF: Commissioner Barnett.
COMMISSIONER BARNETT: Yes.
CHAIR JANOFF: Commissioner Thomas.
COMMISSIONER THOMAS: Yes.
CHAIR JANOFF: Commissioner Suzuki.
COMMISSIONER SUZUKI: Yes.
CHAIR JANOFF: Vice Chair Burch.
VICE CHAIR BURCH: Yes.
CHAIR JANOFF: And I vote yes as well, so motion
passes 7-0. Director Paulson, are there appeal rights on
this action?
LOS GATOS PLANNING COMMISSION 3/10/2021
Item #2, 246 Almendra Avenue
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DIRECTOR PAULSON: There are not appeal rights
because this is a recommendation. You're forwarding a
recommendation to the Town Council, so there are no appeal
rights for this application.
CHAIR JANOFF: All right, thank you for that.
This Page
Intentionally
Left Blank