DRAFT. Motion by Vice Chair Marcia Jensen and seconded by Commissioner Joanne Talesfore to approve meeting minutes of March 9, 2011.

Transcription

1 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, APRIL 13, 2011 Chair Marico Sayoc called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Others: Chair Marico Sayoc, Vice Chair Marcia Jensen, Commissioner Charles Erekson, Commissioner Jane Ogle, Commissioner Thomas O'Donnell, and Commissioner Joanne Talesfore. Commissioner John Bourgeois Town Attorney Judith Propp, Planning Manager Sandy Baily, Associate Planner Marni Moseley, Associate Planner Jennifer Savage, Senior Planner Suzanne Davis, Assistant Civil Engineer Trang Tu-Nguyen, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Vice Chair Marcia Jensen. APPROVAL OF MINUTES OF MARCH 9, 2011 Motion by Vice Chair Marcia Jensen and seconded by to approve meeting minutes of March 9, Motion carried 6-0 with Commissioner John Bourgeois absent. WRITTEN COMMUNICATIONS Chair Marico Sayoc reported that there was a desk item for Item #2 and something for the May 11 meeting. REQUESTED CONTINUANCES -- NONE Planning Commission Minutes Page 1 April 13, 2011

2 SUBCOMMITTEE REPORTS North Forty Specific Plan Advisory Committee -- Vice Chair Marcia Jensen reported that the Town is currently writing a Specific Plan that sets goals and regulations for development of the property. To date, there has been a meeting between the Planning Commission/Town Council and a public kick-off meeting on April 2. The committee met on April 7 to review issues from the two prior meetings. It was noted that while the Town can direct the development for this property through a Specific Plan, the North Forty consists of several privately owned properties. The next public input meeting is scheduled for May 18 at 6:00-8:00 p.m. at Calvary Church. Historic Preservation Committee -- Commissioner Jane Ogle reported that the committee met on March 23 and approved an Architecture and Site Application for 125 Massol Avenue and provided direction for a rock wall modification at 107 Broadway. VERBAL COMMUNICATIONS (AUDIENCE) -- NONE CONSENT CALENDAR -- NONE CONTINUED PUBLIC HEARINGS Jared Lane. Architecture and Site Application S Negative Declaration ND Requesting approval to construct a single family residence and pool on property zoned HR-1. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN PROPERTY OWNER: Stephen & Anne Milligan. APPLICANT: Tom Sloan, Metro Design Group. PROJECT PLANNER: Marni Moseley (Continued from the meetings of February 23, 2011). Chair Marico Sayoc opened the public hearing. Associate Planner Marni Moseley presented the staff report. Steve Milligan, Applicant, gave a presentation on the proposed project. He noted that their design parameters were to (1) comply with the Hillside Development Standards and Guidelines (HDS&G); (2) retain the natural topography of the property; (3) minimize any environmental impact; (4) respect neighbors and fellow property owners, and (5) build a home that will satisfy their needs. They believe that their revised proposal sufficiently addresses the issues and concerns raised at the February 23, 2011, Planning Commission meeting. Allen Rudolph Commented that he has met with the applicant and believes the earlier concerns of the Commission could be met, but that the house may need to be smaller. Commented that the FAR (Floor Area Ratio) for hillside development should consider how it applies to the usable land. Planning Commission Minutes Page 2 April 13, 2011

3 Commented that the structure is overwhelming to the site and asked that the applicant be asked for further redesign. Asked Mr. Rudolph if he suggested his changes to the applicant. Allen Rudolph Commented that he did discuss his changes with the applicant, except for the reconfiguration of the garage. Commented that there is an oak tree that is going to be removed that could possibly be saved with a reconfiguration of the driveway and placement of the house. Tom Sloan, Project Architect Commented that all trees that have been proposed for removal have been deemed in the low category by the Town Arborist. Steve Milligan Commented that Mr. Rudolph s comments were considered very seriously but they do not believe that the suggested options were viable in terms of compliance with the HDS&G. Commissioner Thomas O'Donnell Asked if removal of the pool was considered. Steve Milligan Commented that if they removed the pool and moved the house up, it would be forced up against the hill making it unattractive and would require relocation of the driveway. It is not feasible due to the topography of the land and it would exceed the defined fill requirements. Chair Marico Sayoc Asked how they reduced the size of the house. Tom Sloan Commented that the house was moved and the square footage was cut to reduce the size of the house. A large encroachment into the LRDA (Least Restrictive Development Area) was eliminated. Steve Milligan Commented that a portion of the house was qualified as cellar which also reduced the square footage of the house. They utilized the property to minimize the impacts to the environment and topography. Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Charles Erekson Asked for clarification about the FAR calculation. Planning Commission Minutes Page 3 April 13, 2011

4 Associate Planner Marni Moseley Commented that there is a significant slope reduction based on the average slope of a lot. For example, if a property has an average slope of 30 percent or greater, the gross lot area is reduced by 60 percent when calculating the net to determine the FAR. That process was used in determining the maximum FAR for the subject property. Commissioner Thomas O Donnell Commented that staff gave a strong approval recommendation and it appears that significant changes were made to the plans. The change in the footprint of the house and the cellar use are very helpful. Commented that it appears that Mr. Rudolph s privacy concerns have been protected. Commissioner Charles Erekson Commented that he agrees with Commissioner O'Donnell's comments. Motion by Commissioner Thomas O'Donnell and seconded by Commissioner Joanne Talesfore to approve Architecture and Site Application S and Negative Declaration ND subject to the revised conditions as noted in Exhibit 17 of staff report dated April 13, The required findings were made as noted in Exhibits 2 and 3 of staff report dated February 23, 2011, and Exhibit 16 of staff report dated April 13, Commented that she is seconding the motion because there are conditions for the mitigation of privacy concerns and the two parties are talking to resolve the issues. Motion carried 6-0 with Commissioner John Bourgeois absent. Planning Manager Sandy Baily recited appeal rights. NEW PUBLIC HEARINGS N. Santa Cruz Avenue. Conditional Use Permit Application U Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN PROPERTY OWNER: Jennifer White. APPLICANT: Pete Jillo. PROJECT PLANNER: Jennifer Savage Chair Marico Sayoc noted the desk item and opened the public hearing. Associate Planner Jennifer Savage presented the staff report. Vice Chair Marcia Jensen Confirmed with staff that this is a recommendation to Council. Planning Commission Minutes Page 4 April 13, 2011

5 Commissioner Thomas O Donnell Noted staff s recommendation for a strong denial due to the Town s policy and asked to what extent the Commission has discretion to ignore or find extenuating circumstances around the Town s policy. Planning Manager Sandy Baily Commented that staff could not support the proposal due to the Town s policy. If the Commission finds that there is merit to the proposal or an interpretation on how it meets the Town s policy, the Commission can include its comments when it is forwarded to the Council. Commissioner Jane Ogle Asked for background on the Town's policy that puts a preference for retail over restaurants in the downtown. Planning Manager Sandy Baily Commented that after the Loma Prieta earthquake, the Town was concerned about converting ground floors to office space and losing the vitality of the downtown area. Policy was created to maintain a balance and to keep pedestrian circulation and mix of uses downtown. Vice Chair Marcia Jensen Commented that the policy is not necessarily to choose retail over restaurants, but to preserve existing retail and to keep office use off of the first floor of the two story buildings. Chair Marico Sayoc Asked about extending the hours of operation and if it will be considered as an existing restaurant in terms of operating hours. Asked if Gardino's currently has a Conditional Use Permit (CUP). Associate Planner Jennifer Savage Commented that while it is an existing restaurant, this is a new CUP. The Alcoholic Beverage Policy (ABP) has a determination for new applications and it also has a clause that states that existing restaurants that have operating hours outside of the policy s limitations can maintain those hours if they are in good standing. This would be a new application. Commented that Gardino s currently has a CUP. Vice Chair Marcia Jensen Asked if the new Entertainment Policy would relate to this application. Associate Planner Jennifer Savage Commented that the Entertainment Policy would not apply to this application. The new ABP would apply to this, but it is also being looked at for modification. Planning Commission Minutes Page 5 April 13, 2011

6 Commissioner Thomas O'Donnell Asked for clarification on Ordinance 2021 that discourages the displacement of retail uses with restaurant uses. Associate Planner Jennifer Savage Commented that the policy discourages the displacement of retail with restaurant uses. It allows the deciding body to do an evaluation of the proposed use. It does not state that you cannot put a restaurant in a retail use. Gregg Kays, on behalf of Applicant, gave a presentation on the proposed application. Ed Bellezza Commented he is a resident of Los Gatos and has been going to Gardino s for quite awhile. They serve affordable food and have a nice atmosphere. His concern is that older established businesses are not being able to stay in their spaces and allowing Gardino s to enhance their business would be a service to downtown. Peter Carter Commented that he has been a customer of Gardino's for many years. They provide a local environment with local employees. He spoke to the changes to the Town due to market demands and how important it is to maintain the vigor of the downtown rather than dictate what is in each space. Joseph Caviglia Commented that he has lived in the Los Gatos area for 34 years and has frequented Gardino s since it opened. The restaurant provides a community environment and his family is one of many that frequent the restaurant on a regular basis. The need for expansion is necessary and it would be doing an injustice to the families of Los Gatos and the surrounding area not to expand. Lotus Mahon Commented that she has lived in the area for 42 years and goes to Gardino s frequently and it is a community oriented restaurant. Los Gatos needs restaurants that have later hours for food service. Michael Pelzel Commented that he has lived in Los Gatos for 26 years and his family has been going to Gardino s for 18 years because it is a family place. Mr. Jillo (property owner) loves the Town and supports the community. Athena Charnas Pugliese Commented that she is hostess at Opa s Restaurant and she is in favor of Gardino s expansion. Los Gatos is losing revenue because there is nothing open past a certain hour. Planning Commission Minutes Page 6 April 13, 2011

7 JoAn Smith Commented she is a Los Gatos resident and she works downtown. The face of retail is changing with so many online sales. Gardino s has been around a long time and it is important to preserve what is here. There is a concern about so many businesses closing in Town. This would be good for the Town. Commissioner Charles Erekson Asked Mr. Kays if it is critical for the alcoholic beverage service to go to midnight on Sunday through Thursday. Gregg Kays Commented that extending the alcoholic beverage service to midnight is not critical, but it is important. Mr. Jillo has given the requests from patrons a lot of thought and feels that this extra hour is important. Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Thomas O Donnell Commented that what is being proposed is very good; however, it violates the Town s policy. This is ultimately up to the Council, and he would like some guidance from Council on interpretation of the policy. Vice Chair Marcia Jensen Commented that she would be recommending approval of the application and would like guidance from the Town Council. If the policy is out of date, it should be reviewed or changed quickly due to the number of applications that are coming before the Commission. Noted that the public comment indicates that Gardino s is a business that it wants to encourage and maintain. Commented that she agrees that it would be nice to have somewhere to eat in Town past 10:00 p.m. Commented that the face of retail is changing and that needs to be explored. A mix of uses is important. Motion by Vice Chair Marcia Jensen and seconded by Commissioner Charles Erekson to recommend approval of Conditional Use Permit Application U to Town Council subject to the conditions as noted in Exhibit 3 of staff report dated April 13, The required findings, noted in Exhibit 2 of staff report dated April 13, 2011, were made. Commissioner Charles Erekson Commented that he will second the motion and added that downtown Saratoga is struggling to attract visitors to its downtown area. The right mix is not obvious, but local businesses that respond to the community should be supported. Commented that she supports the motion. Planning Commission Minutes Page 7 April 13, 2011

8 Asked if the architectural changes would come back to the Commission. Associate Planner Jennifer Savage Commented that the architectural changes have been reviewed and accepted by the HPC (Historic Preservation Committee) and will go before the DRC (Development Review Committee). Commissioner Charles Erekson Commented that Gardino s has come to HPC more than once and they were responsive to the concerns that were raised. They came back with a design that was unanimously supported by the HPC. Commented that Gardino s is a hometown business and is a complementary business to the downtown theater. Commented that she was encouraged that the retail business moved out due to expansion. She looked at that space as an incubator space due to the size. She is hoping that Los Gatos can maintain a mix in the downtown. Commissioner Thomas O Donnell Commented that he is troubled by the policy issue and staff s strong recommendation of denial because it is following the policy. The Town needs a policy and he would support a study on the types of businesses that are viable for downtown. The Commission has no basis to determine what is happening in the future of downtown. He does not support the motion. Jane Ogle Commented that she supports the motion but agrees with Commissioner O Donnell about the lack of direction regarding Town policy. Asked about hours of operation and consistency among businesses. Associate Planner Jennifer Savage Commented that there is not a consistency regarding hours of operation downtown. Staff has discussed staggering hours of operation. This will be explored in the revisions to the Alcoholic Beverage Policy. Chair Marico Sayoc Commented that she supports aspects of the application, except for Ordinance 2021; therefore, she will not be supporting the motion. Commissioner Charles Erekson Commented that his reading of Ordinance 2021 is that it discourages rather than prohibits displacement of retail. Since it is an expansion rather than a new restaurant, he does not conclude that the intent of the ordinance was to do some numerical square footage allocation. Questioned the proper balance and if it is still applicable to the existing policy. Planning Commission Minutes Page 8 April 13, 2011

9 Commissioner Thomas O Donnell Commented that Commissioner Erekson brings good insight to the issue, but asked if expanding the size of a restaurant into a retail space violates the policy. It is unknown. Commented that in order to maintain retail space, perhaps there could be an element of retail when considering restaurant expansions. Motion carried 4-2 with Chair Marico Sayoc and Commissioner Thomas O'Donnell dissenting, and Commissioner John Bourgeois absent. Planning Manager Sandy Baily Commented that this matter will be forwarded to Town Council with a tentative hearing date of May 2. There will be new public notices sent out. Commented that it is on Planning s work program to develop a policy regarding restaurant expansions. Chair Marico Sayoc called for a break at 8:28 p.m. and reconvened the meeting at 8:33 p.m Union Avenue - Parcel 2. Architecture and Site Application S Requesting approval to construct a single-family residence on a vacant parcel created by a three-lot subdivision on property zoned R-1:8. APN PROPERTY OWNER: 217 O'Connor LLC. APPLICANT: Tony Jeans, T.H.I.S. Design. PROJECT PLANNER: Suzanne Davis. Chair Marico Sayoc opened the public hearing. Senior Planner Suzanne Davis presented the staff report. Asked about the height reduction. She did not see the two-foot reduction in calculating the numbers. Senior Planner Suzanne Davis Commented that the reduction was from the original proposal. Actual reduction went from 23 feet 11 inches to 20 feet 11-3/4 inches. Tony Jeans, Applicant, gave a presentation on the proposed project noting that the mass has been significantly reduced. Karen Buesing Commented she lives on Union Avenue and that the high profile of the house blocks views of the hills for Ms. Lynott and Mr. Mangano. Asked for further height reduction, consideration of a one-story house, or building the first floor below grade. Planning Commission Minutes Page 9 April 13, 2011

10 Orv Buesing Commented he lives on Union Avenue and referred to the General Plan regarding visual impacts of new construction and hillside development. Commented that a basement element should be considered to lower the height. Stephanie Lynott Commented that she lives on Union Avenue and that it is clear that the back end of the house has been reduced in size. Commented that her biggest concern is Lot 1 where the views are being blocked. Commented that she is concerned about the fencing element and construction staging. She would like limited weekend hours of construction due to the length of time this will go on. Geoff Mitchell Commented he lives on Panorama Way and that he believes this proposal is about profit. Commented that he feels it is disconcerting that the Commission s actions have been overturned by the Town Council. He believes the development is unreasonable and that little consideration has been given to the community. Tom Mangano Commented that he lives on Panorama Way and stated that the current proposal does not meet the Council directive. The mass of this third proposal is four percent larger than the first proposal. This proposal takes away all of his ridgeline views. Commented that the problem is the siting of the home. He believes this is a prime example for basement use. Asked if there is a need for three fireplace stacks. Asked if the overhang in front could be eliminated. Requested that the roof height be certified. Vice Chair Marcia Jensen Asked Mr. Mangano why he thought the mass was greater. Tom Mangano Commented that he was referring to enclosed space and that Mr. Jeans removed the 500- foot porch in the back that is never part of the FAR calculation. It is mathematically impossible to take the enclosed space and make it smaller between the first house and second house. The third house is about one to two percent smaller without considering the 500-foot porch. Commissioner Jane Ogle Asked if porches are part of FAR. Senior Planner Suzanne Davis Commented that porches are part of the massing but not the floor area. Planning Commission Minutes Page 10 April 13, 2011

11 Tony Jeans Commented that he considers a covered porch as part of mass. He reduced the size of the covered porch to reduce the mass. Commented that Mr. Buesing was referring to the HDS&G rather than the Design Guidelines. Commented that a basement is not feasible in this proposal due to clay soils. Commented that the three adjacent homes are each taller in height than the proposed house. The plate was reduced from 10 feet to 9 feet and the upstairs was reduced further. Asked about the practicality of the basement. Asked about the height of Mr. Mangano s house and the proposed house. Asked if the house could be lowered by one foot. Asked if any other areas of the house could be lowered. Tony Jeans Commented that a basement could be done, but the Soils Engineer found it not to be practical. There is a strong likelihood of the basement failing due to the type of soil and underground water. Commented that there is a slight uphill slope at the end of the street. Mr. Mangano s starting elevation is about one-foot lower and the house is about one-foot taller than the proposed house. The actual peak of the roof will be about the same due to the slope. The height of the house is from the ground to the roof. Commented that he did not lower the house because he was told that it would count towards the building height. Commented that the house cannot be lowered any further without eliminating the second story. Senior Planner Suzanne Davis Commented that lowering the height would lower it on the site, but height is measured from the building pad to the high point. Lowering the house could create drainage issues. Chair Marico Sayoc Asked about the fireplace stacks and the overhang on the front. Asked about Mr. Mangano s request that the common fence bordering Parcel 2 and his property be no higher than five feet and must terminate 25 feet from the right-of-way from Panorama Way. Asked about Ms. Lynott's concerns regarding construction staging. Tony Jeans Commented that the Consulting Architect recommended the overhang in the front to reduce the visual impact of the front. To eliminate it would require a total redesign and it would not change the mass or change the hillside view for Mr. Mangano. Commented that the fireplace stacks were reduced and they are not as tall as wood burning fireplaces. Planning Commission Minutes Page 11 April 13, 2011

12 Commented that a normal six-foot fence has to be finished outside of the front yard setback. Putting a restriction to reduce the fence height could be setting a dangerous precedent. Commented that the intention of the fencing is to put a permanent fence along the property line as soon as the utility trenches have been built. When the permanent fence is erected, the green fence could be moved back about 10 feet to keep the noise and traffic away from Ms. Lynott s house. Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Thomas O Donnell Commented that he walked the property today and it appeared that there was a substantial reduction. Commented that the neighbors views will be obstructed and stated that if there is a right to build a home here, the question is how it can be built without disadvantaging the neighbors. Commented that the neighborhood is broader than just the adjacent houses. Senior Planner Suzanne Davis Commented that the house that was approved by the Council is a two-story, 24-foot high house. Commissioner Charles Erekson Commented that the Council has given the Planning Commission clear direction on this parcel. The issues are neighborhood compatibility, mass, bulk and scale. Commented that he agrees that the neighborhood includes the adjacent properties in all directions. He concluded that the mass, bulk and scale of the house are consistent with the neighborhood. Commissioner Jane Ogle Commented that she visited the site today and that the mass could be judged from either up the hill with the larger houses or down the hill with smaller houses. It is important to allow for transitional housing in terms of mass. Referred to Exhibit 7 regarding the Commission considering Leeward Court in determining neighborhood compatibility and asked if the Commission had to concur on that. Town Attorney Judith Propp Commented that Council was giving the Commission guidelines but not a finding that the Commission needed to make. It could be used as part of the discussion. Commented that everyone has a right to develop property, but in context and direction of the deciding body. She does not believe that the mass has been wholly addressed. This is a change that can be managed and mitigated and more reduction in mass could help. Questioned whether three chimneys are necessary. Planning Commission Minutes Page 12 April 13, 2011

13 Commented that she does not feel the design has met the direction of the Council. Chair Marico Sayoc Commented that this is a difficult project. She believes the neighborhood is Panorama Way. If Lot 2 was built the same size as adjacent homes, then the house on Lot 3 would stand out. Commented that she does feel that the proposal meets the intent of the Council. Motion by Commissioner Charles Erekson and seconded by Commissioner Thomas O'Donnell to approve Architecture and Site Application S subject to the conditions as noted in Exhibit 3 of staff report dated April 13, The required findings were made as noted in Exhibit 2 of staff report dated April 13, Vice Chair Marcia Jensen Commented that she supports the motion for the reason that clear direction has been given. The only discretion the Commission has is whether or not the height has been adequately lowered by at least two feet and if the massing purports with Council direction. Motion carried 5-1 with dissenting and Commissioner John Bourgeois absent. Planning Manager Sandy Baily recited appeal rights. CONTINUED OTHER BUSINESS -- NONE NEW OTHER BUSINESS 4. Report from Director of Community Development a. Planning Manager Sandy Baily reported that Town Council (1) remanded the twolot subdivision on Pennsylvania Avenue to the Commission following environmental review, and (2) approved live entertainment with specific days, hours and security measures for Pedro s, determined that nachos are a meal for this establishment, and directed a modification of the patio area. asked if the architecture modification at Pedro s will be provided to the Commission. Planning Manager Sandy Baily commented that Pedro s architecture modification can be provided to the Commission. 5. Commission Matters -- None ADJOURNMENT Meeting was adjourned at 9:46 p.m. Planning Commission Minutes Page 13 April 13, 2011

14 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, April 13, 2011 Marico Sayoc, Chair APPROVED AS TO FORM AND ATTEST: Sandy L. Baily Planning Manager Planning Commission Minutes Page 14 April 13, 2011