Planning Commission
Regular MeetingLos Gatos, CA · November 13, 2019
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
NOVEMBER 13, 2019
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, November 13, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Matthew Hudes, Commissioner Mary Badame, Commissioner Kendra Burch,
Commissioner Kathryn Janoff, Commissioner Reza Tavana, and Commissioner Tom O'Donnell
Absent: Vice Chair Melanie Hanssen
PLEDGE OF ALLEGIANCE
Chair Hudes led the Pledge of Allegiance. The audience was invited to participate.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – October 9, 2019
2. 26 Alpine Avenue
Architecture and Site Application S-19-042
APN 529-37-042
Applicant: Tom Sloan
Property Owner: DMJ Home Solutions LLC
Project Planner: Jocelyn Shoopman
Requesting approval of a time extension of an Architecture and Site approval for
construction of a new single-family residence and removal of a large protected tree on
vacant property zoned R-1:20. APN 529-37-042.
MOTION: Motion by Commissioner O'Donnell to approve adoption of the Consent
Calendar. Seconded by Commissioner Burch.
VOTE: Motion passed unanimously.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
PUBLIC HEARINGS
3. 300 Marchmont Drive
Conditional Use Permit Application U-12-002
APNs 532-10-01 and 532-11-011
Applicant: Mark Silver
Property Owner: Hillbrook School
Project Planner: Jocelyn Shoopman
Annual review of an approved Conditional Use Permit for an existing private school
(Hillbrook School) on property zoned HR-1.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Opened Public Comment.
Mark Silver, Hillbrook Head of School
- They are proud that over the past five years Hillbrook has met their CUP requirements,
particularly regarding traffic, and are grateful they have been able to work with the Town
to make that happen.
Chuck Hammers, Hillbrook Chairman of the Board
- They have 70 more students than they did five years ago and the school is thriving, and
their average car count of daily trips has been reduced by 172 trips. They are proud that
they have added students while taking cars off the road.
Nancy Derham
- She lives on Wollin Way next to the Hillbrook gate. The neighborhood is very pleased that
the Hillbrook bus program is working out well, but it seems like the construction, while it
has not been very disruptive to the neighborhood, has been going on a long time.
Mark Silver
- They hope the construction will be complete around mid-February 2020. Last year's rain
delayed it, but they are back on track.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to accept the report regarding the
annual review of a Conditional Use Permit for 300 Marchmont Drive.
Seconded by Commissioner Burch.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
4. 15960 Rose Avenue
Minor Residential Development Application MR-19-011
APN 410-19-018
Appellant: Manoochehr Kadkhodayan
Applicant: De Mattei Construction
Property Owner: David Doctorow and Sarah Munson
Project Planner: Ryan Safty
Consider an appeal of a Community Development Director decision approving a request
for construction of a detached garage exceeding 450 square feet on property zoned R-
1:8.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
Manoochehr Kadkhodayan, Appellant
- He lives to the right of the subject site with his home five feet from the property line. When
he looked at the plans for the project he discovered there is a dormer that looks into his
yard and there is an encroachment into his driveway. However, in 1993 there was an issue
about the property line and at that time there was a quit claim from the applicant's
property to his property.
Shawn Clevenger, Applicant
- The driveway encroachment has been removed from the plans. The approach of the
driveway will remain as it currently exists. The dormer is to provide storage space, but they
are willing to opaque the window or even omit it from the plans. The question of a 30-foot
setback of a hillside easement has been found in the community records to be outside the
property line.
Manoochehr Kadkhodayan, Appellant
- There is an issue about the dormer because the roof pitch is only 5:1. Now he has heard
the applicant is changing the asphalt shingles that matches the house to a steel standing
seam roof that he would not want to look at. With respect to the 30-foot easement, the
deeds he has checked say the easement is on the other side of the property.
Closed Public Comment.
MOTION: Motion by Commissioner Badame to deny the appeal of a Minor
Residential Application for 15960 Rose Avenue and uphold the decision
of the Community Development Director and add a condition of approval
that the glass in the attic dormer facing south be obscured. Seconded by
Commissioner Tavana.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
5. 25 W. Main Street
Architecture and Site Application S-19-005
Conditional Use Permit Application U-19-001
Variance Application V-19-002
Applicant: Gordon Wong
Property Owner: Steven and Mary Leonardis
Project Planner: Erin Walters
Requesting approval for construction of an addition to a contributing building in the
Downtown Historic Commercial District, including variances for maximum floor area and
driveway length for a multi-family use in a mixed-use project on property zoned
C-2:LHP.
Commissioner O'Donnell indicated that he would recuse himself from participating in the
public hearing for 25 W. Main Street, as he lives within 1,000 feet of the subject site.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Gordon Wong, Applicant
- They are improving one commercial unit and have three residential units, two of which
would be affordable housing. They seek to improve the accessibility of the commercial unit
by moving the door, enclosing the trash area, and making units barrier-free. All housing
units have parking garages. They worked with the HPC to determine the historical
significance of the building. They have utilized double hung windows and wood siding,
matched the roof pitch, and designed the façade to match the original street façade design
for the commercial unit.
Kevin Yu, Designer
- They would add a 10-foot wide sidewalk street dedication to the public right of way on W.
Main Street, a new curb and gutter on Park Avenue, and 405 square feet of common open
space for the three residential units. The commercial space would contain an ADA
compliant bathroom and an enclosed trash area. They request an exception to reduce the
parking spaces from the required 12 to 10 spaces: three for the onsite garage and seven for
additional parking in the Parking Assessment District.
Ken Anderson, Traffic Consultant
- The project requires a variance for driveway length. They discovered that because of the
width of parking and the size of the driveways that full size vehicles would have trouble
backing in and out, and it was rectified by widening the garage door.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
Shari Flick
- She owns the property next door to the subject site. Water from the project's downspouts
and trench drains are supposed to drain into the soil, but the soil is clay so the water will
not percolate down but instead will run onto her driveway and push her drainage system
beyond capacity. There is no plan for the water coming off the back-sloped roof which
would flood her property. The plans do not include the proposed retaining wall, but it
would add 10 feet to the elevation on the plans; the building would be 33 feet high.
Building the new retaining wall so close to her own retaining wall would likely require
replacing her drainage system.
Karen Delaney
- She asked why the traffic consultant's report was not included in the public packet. The
summaries and diagram provided by the Planning Department assume that cars back out,
but the traffic consultant's report recommends cars backing in. Is there no required report
regarding how many vehicles, pedestrians, and cyclists would be impacted by the two-point
turns while backing in and out. She requested the project be denied.
Gordon Wong
- Regarding the drainage system, their civil engineer has experience doing projects on steep
grades. They are happy to work with the neighbor to explain how they plan to do the
retaining wall and ensure the water goes in the correct direction. Their soils report suggests
grade beams and piers in the appropriate areas to ensure there is full stability of the site.
They are matching the height of the existing building and only going one foot taller in the
back. Their client was hoping because of the pedestrian-friendly location that the
affordable housing unit tenants would be able to use public transportation.
Ken Anderson
- The backing up two-point turn maneuver deals with the original plan that had an 8-foot
garage opening, but the wider door eliminates that issue. With respect to conflict with
pedestrians and other traffic, the normal mathematics for a single-family residence like this
would be one car an hour accessing each door, which is rather minimal.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to approve an Architecture and Site
Application, Variance Application, and Conditional Use Permit for 25 W.
Main Street. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
Commissioner O'Donnell returned to the meeting.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
6. 15921 Linda Avenue
Architecture and Site Application S-19-017
APN 523-25-022
Applicant: Daryl V. Harris
Property Owner: Firouz Behnamfar
Project Planner: Sean Mullin
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence with reduced setbacks on nonconforming
property zoned R-1:8.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Firouz Behnamfar, Owner
- They met with their neighbors and they all supported their plans, including the reduced
setbacks. Their front elevation with reduced setbacks is consistent with the neighborhood
given that they are the narrowest lot on Linda Avenue and it is a single-story house. An 8-
foot setback would make the garage the prominent factor of the front elevation, which the
Town's consulting architect advised against. They are actually increasing the current
setbacks of 3.6 feet to five feet.
Daryl Harris
- The area surrounding the subject site is unincorporated and allows five-foot setbacks.
Having a five-foot setback would allow them to have a width that would be standard on a
conforming lot in this zone, providing compatibility with other homes in this zone.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner O'Donnell to approve an Architecture and Site
Application for 15921 Linda Avenue. Seconded by Commissioner
Badame.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
OTHER BUSINESS
7. 66 E. Main Street
Conditional Use Permit Application U-19-010
APN 529-29-049
Applicant: Alex Anderson
Property Owner: Jane Thomas Living Trust
Project Planner: Jennifer Armer
Three-month status report on a Conditional Use Permit for a non-formula private sports
recreation club offering group classes and facilities for private fitness workout on
property zoned C-2.
Commissioner O'Donnell indicated that he would recuse himself from participating in the
public hearing for 66 E. Main Street and exit the meeting, as he lives within 1,000 feet of the
subject site.
Joel Paulson, Community Development Director, presented the staff report.
The Planning Commission accepted the three-month status report.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
At its November 5th meeting the Town Council:
o Reappointed Chair Hudes as a planning commissioner, appointed Jeffrey Barnett
to the Planning Commission, and appointed Steve Raspe to the Historic
Preservation Committee. A vacancy on the General Plan Committee was left
unfilled.
o Adopted a resolution continuing the streamlining efforts until code amendments
are done. Those code amendments will come before the Planning Commission
for recommendation to Council.
o Discussed potential adoption of building and fire codes with local amendments
and continued the item.
o Approved the General Plan Amendment relating to Highway 17.
o Approved the Hillside Development Standards and Guidelines modifications
using the Town Council Policy Committee version in which non-visible homes in
the hillsides that meet the FAR could be approved by the Development Review
Committee.
o Introduced the demolition modifications that the Planning Commission had
reviewed.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 13, 2019
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Commissioner Badame
- The CDC met on November 13, 2019 and considered one item:
o 16492 Los Gatos Boulevard
Historic Preservation Committee
Chair Hudes
- The HPC met on October 23, 2019 and considered three items:
o 16195 George Street
o 10 Charles Street
o 50 University Avenue
- The HPC met on November 13, 2019 and considered two items:
o 225 Wilder Avenue
o 29 Broadway
Commission Matters
None.
ADJOURNMENT
The meeting adjourned at 9:28 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
November 13, 2019 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
NOVEMBER 13, 2019
110 EAST MAIN STREET
LOS GATOS, CA
Matthew Hudes, Chair
Melanie Hanssen, Vice Chair
Mary Badame, Commissioner
Kendra Burch, Commissioner
PARTICIPATION IN THE PUBLIC PROCESS
Kathryn Janoff, Commissioner
Tom O’Donnell, Commissioner
Reza Tavana, Commissioner
How to participate: The Town of Los Gatos strongly encourages your active participation in the
public process, which is the cornerstone of democracy. If you wish to speak to an item on the
agenda, please complete a “speaker’s card” and return it to the Staff Liaison. If you wish to speak
to an item NOT on the agenda, you may do so during the “verbal communications” period. The
time allocated to speakers may change to better facilitate the Planning Commission meeting.
Effective Proceedings: The purpose of the Planning Commission meeting is to conduct the
business of the community in an effective and efficient manner. For the benefit of the
community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while
attending Planning Commission meetings and treat everyone with respect and dignity. This is
done by following meeting guidelines set forth in State law and in the Town Code. Disruptive
conduct is not tolerated, including but not limited to: addressing the Commissioners without first
being recognized; interrupting speakers, Commissioners or Town staff; continuing to speak after
the allotted time has expired; failing to relinquish the podium when directed to do so; and
repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the
presentation electronically, either in person or via email, to the Planning Department by 1
p.m. or the Clerk’s Office no later than 3:00 p.m. on the day of the Planning Commission
meeting.
Persons wishing to submit written comments to be included in the materials provided to the
Planning Commission must provide the comments to the Planning Department as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Friday before the meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the meeting
o For inclusion in any Desk Item: by 11:00 a.m. on the day of the meeting
Planning Commission meetings are broadcast Live on KCAT, Channel 15 (on Comcast) on the 2 nd and 4th Wednesdays at 7:00 p.m.
Live and Archived Planning Commission meetings can be viewed by going to:
https://www.kcat.org/government-meetings
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,
PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN
TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
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TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
NOVEMBER 13, 2019
7:00 PM
MEETING CALLED TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS (Members of the public may address the Commission on any matter
that is not listed on the agenda. Unless additional time is authorized by the Commission, remarks
shall be limited to three minutes.)
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Planning Commission
acts on the consent agenda, any member of the public or Commission may request that any item
be removed from the consent agenda. At the Chair’s discretion, items removed from the consent
calendar may be considered either before or after the Public Hearings portion of the agenda)
1. Minutes of October 9, 2019
2. Architecture and Site Application S-19-042. Project Location: 26 Alpine Avenue.
Property Owner: DMJ Home Solutions LLC. Applicant: Tom Sloan. Project Planner:
Jocelyn Shoopman.
Requesting approval of a time extension of an Architecture and Site approval for
construction of a new single-family residence and removal of a large protected tree on
vacant property zoned R-1:20. APN 529-37-042.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of ten minutes maximum for opening statements. Members of the public may be allotted up to
three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of five minutes maximum for closing
statements. Items requested/recommended for continuance are subject to the Commission’s
consent at the meeting.)
3. Conditional Use Permit Application U-12-002. Project Location: 300 Marchmont Drive.
Applicant/Property Owner: Mark Silver/Hillbrook School. Project Planner: Jocelyn
Shoopman.
Annual review of an approved Conditional Use Permit for an existing private school
(Hillbrook School) on property zoned HR-1. APNs 532-10-01 and 532-11-011.
4. Minor Residential Development Application MR-19-011. Project Location: 15960 Rose
Avenue. Appellant: Manoochehr Kadkhodayan. Applicant: De Mattei Construction.
Property Owner: David Doctorow and Sarah Munson.
Page 2
Consider an appeal of a Community Development Director decision approving a request
for construction of a detached garage exceeding 450 square feet on property zoned R-
1:8. APN 410-19-018.
5. Architecture and Site Application S-19-005, Variance Application V-19-002, and
Conditional Use Permit U-19-001. Property Location: 25 W. Main Street. Property
Owner: Steven and Mary Leonardis. Applicant: Gordon Wong. Project Planner: Erin
Walters
Requesting approval for construction of an addition to a contributing building in the
Downtown Historic Commercial District, including variances for maximum floor area and
driveway length for a multi-family use in a mixed-use project on property zoned C-
2:LHP. APN 529-01-017.
6. Architecture and Site Application S-19-017. Project Location: 15921 Linda Avenue.
Applicant: Daryl V. Harris. Property Owner: Firouz Behnamfar.
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence with reduced setbacks on nonconforming
property zoned R-1:8. APN 523-25-022.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
7. Conditional Use Permit Application U-19-010. Project Location: 66 E. Main Street.
Property Owner: Jane Thomas Living Trust. Applicant: Alex Anderson.
Three-month status report on a Conditional Use Permit for non-formula private sports
recreation club offering group classes and facilities for private fitness workout on
property zoned C-2. APN 529-29-049.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
SUBCOMMITTEE REPORTS / COMMISSION MATTERS
ADJOURNMENT (Planning Commission policy is to adjourn no later than 11:30 p.m. unless a
majority of the Planning Commission votes for an extension of time)
Writings related to an item on the Planning Commission meeting agenda distributed to members of the Commission
within 72 hours of the meeting are available for public inspection at the reference desk of the Los Gatos Town Library,
located at 100 Villa Avenue; the Community Development Department and Clerk Department, both located at 110 E.
Main Street; and are also available for review on the official Town of Los Gatos website. Copies of desk items
distributed to members of the Commission at the meeting are available for review in the Town Council Chambers.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a
decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is
required by State or Federal law.
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