Planning Commission
Regular MeetingLos Gatos, CA · December 11, 2019
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
DECEMBER 11, 2019
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, December 11, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Matthew Hudes, Vice Chair Melanie Hanssen, Commissioner Mary Badame,
Commissioner Kendra Burch, Commissioner Kathryn Janoff, Commissioner Reza Tavana,
and Commissioner Tom O'Donnell
Absent: None.
PLEDGE OF ALLEGIANCE
Commissioner Badame 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 – November 13, 2019
2. Adoption of the 2020 Planning Commission Meeting Schedule
MOTION: Motion by Commissioner Burch to approve adoption of the Consent
Calendar. Seconded by Commissioner Badame.
Vice Chair Hanssen declared that although she did not attend the Planning Commission meeting
of November 13, 2019 she reviewed the minutes and watched the meeting video and felt
comfortable voting on the minutes.
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 DECEMBER 11, 2019
PUBLIC HEARINGS
3. 16 Chestnut Avenue
Architecture and Site Application S-17-047
APN 510-40-012
Applicant/Appellant: Bess Wiersema, Studio3 Design
Property Owner: Kim Roper
Project Planner: Erin Walters
Consider an appeal of a Development Review Committee decision approving a request
for demolition of an existing pre-1941 single-family residence and construction of a new
single-family residence on property zoned R-1:12. Continued from July 10, 2019 and
October 9, 2019.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Barton Hechtman
- He clarified that the portion of the staff report that talked about the driveway being safer
was not a statement from the traffic engineer, it is from the Los Gatos Public Works
Department and is contrary to the statements from the TJKM traffic engineer in the traffic
study. The traffic engineer recommended having the driveway at the corner location and
he requested the Commission approve it that way.
Bess Wiersema, Architect
- The only outstanding matter that they are appealing is moving the location of the driveway
that has been at its current location over a century and is consistent with driveways in its
immediate and expanded neighborhoods. They are trying to protect a tree and maintain a
turnaround, a house footprint, and the owner's right to some privacy in her back yard.
Kim Roper, Homeowner
- She is disappointed with the process. They have lived on the street for 17 years and have
done all they could, such as including the neighbors in everything, hired an expert, and
didn't seek a teardown but it fell into that category of work, however, the goalpost is
constantly moving. They hired a traffic consultant and provided the traffic study that
concludes that the current driveway is acceptable, not better or worse. She has never seen
an accident there.
Rita Kelly
- She lives across the street from the subject site. She requested the driveway remain at its
current location because it is safe and moving it to Chestnut would not make it safer and
would be detrimental to the look and feel of the neighborhood, because the current
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 11, 2019
driveway has character. Moving the driveway would also require the removal of an oak
tree that would impact her front window view. The proposed new location would also
mean vehicle lights would come in her windows.
Sharon Herald
- The applicant's driveway with the pillars is iconic and they have done all that has been
asked of them. The proposed home is in keeping with the neighborhood. The driveway is
safe where it is and she encouraged the Planning Commission to allow it to remain in place.
Bob Simmons
- He was stunned to learn the pillars on the applicant's driveway had been there 100 years.
His home is on the edge of the subject property and looks out over a very nice old short
stone wall and stonework that line that street and that would have to be taken out to move
the driveway and would destroy that part of the neighborhood character. Also, the
driveway would then be closer to them as well and perhaps headlights would shine into his
home.
Margo Simmons
- The stones lining the street that her husband referred to are absolutely gorgeous because
that type of stonework is not often seen. There have been no accidents with the driveway
in its present location and she urged the Planning Commission to allow it to remain in place
because it works.
Bess Wiersema, Architect
- She thanked the Planning Commission for protecting the character of the neighborhoods in
Los Gatos, saying that granting this exception would do just that.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner O'Donnell to grant the appeal of the decision
of the Development Review Committee and approve an Architecture and
Site Application for 16 Chestnut Avenue with modified conditions to
allow the existing driveway approach to remain. Seconded by
Commissioner Burch.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 11, 2019
4. 16940 Roberts Road
Architecture and Site Application S-19-008
Subdivision Application M-19-002
APN 529-18-053
Property Owner/Applicant: Josephine Chang
Project Planner: Ryan Safty
Requesting approval for demolition of an existing single-family residence, construction
of three condominium units that will exceed the floor area ratio standards, and site
improvements requiring a grading permit on property zoned RM:5-12.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
Josephine Chang, Applicant
- Her parents are the property owners and she has lived in Los Gatos for 40 years. They have
worked with the Town to determine the best site plan for the property that was the most
compatible with the neighborhood. They are proposing three single-family detached units,
1,800 square feet, four bedroom, three baths, with one bedroom/bath on the ground floor.
Each unit would have its own front and back yard. The street improvements and
landscaping they will install would greatly improve the corner.
Lee Quintana
- If this were not allowed because it exceeds the FAR by so much and the applicant chose to
do an attached development instead, when that attached development came in it would
very likely be so big that there would be problems with it, so that by itself is not rationale
for approving the extent of the exception. One unit has the garage in the back and that
creates a lot of additional hardscape and leaves little open space to be used by the
occupant of the unit.
Josephine Chang, Applicant
- There are no private open spaces abutting any of the streets. One unit does have a garage
in the rear but it does still provide almost 800 square feet of unpaved private open space,
and the requirement is 200 square feet.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to approve an Architecture and Site
Application and Subdivision Application for 16940 Roberts Road.
Seconded by Commissioner O'Donnell.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 11, 2019
5. 15925 Quail Hill Drive
Architecture and Site Application S-19-012
APN 527-02-007
Applicant: Tom Sloan
Property Owner: John and Allison Diep
Project Planner: Jennifer Armer
Requesting approval for demolition of an existing single-family residence and detached
accessory dwelling unit, and construction of a two-story single-family residence on
property zoned HR-1.
Jennifer Armer, Senior Planner, presented the staff report.
Opened Public Comment.
Tom Sloan, Architect
- The surrounding neighbors all have homes elevated above the proposed residence. This
residence conceals and disguises the retaining walls so they create no visual impacts, and
meets the standards and guidelines. They completed all of the Town consulting architect's
recommendations to mitigate the effect of classical style architecture, such as new
rooflines, added windows, and pushing the second story back. The one area where the
garage is tunneled in is where the project has a higher height.
Arvin Khosravi
- His property is adjacent to the subject site. One concern is that the properties have a wire
fence between them and he doesn't want any of the subject property fence sides to be
changed, because it would look odd. The previous owner removed a lot of trees and they
lost privacy into their bedroom and bathroom on the second floor and he requested they
maintain a privacy screen. They have a vineyard on their property and any tall structures
would impact the sunlight it gets.
Bernard Caullahan
- He lives on the adjacent property on the other side of the subject site. They are concerned
about construction traffic parking on Drysdale Drive, but the project architect has assured
him they would not. They have no objection to the house or its design, size, placement, or
the exceptions the applicants seek. He requested the Commission approve the project so
the neighborhood can finish with building.
Lee Quintana
- The site is constrained, but the design has been developed to meet the owners' objectives
while trying to fit it into the constraints of the site, and where they cannot be met they are
asking for exceptions, but that is not what the Hillside Standards and Guidelines were
developed to do. The design itself is very nice and an improvement over the original design,
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 11, 2019
but that is not a reason to approve this particular design in the hillsides given that it does
not meet all the standards and guidelines.
Tom Sloan, Architect
- This project does not have large impacts to the neighbors, which is one of the objectives of
designing in the hillsides. They are adding a tremendous number of trees that would
conceal the house when they are grown. They have done a lot of mitigation for the 35 feet
height limit and the house will be perceived as being 25 feet high.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment.
Commissioners asked questions of the applicant.
Closed Public Comment.
MOTION: Motion by Commissioner O'Donnell to continue the public hearing for
15925 Quail Hill Drive to the meeting of March 25, 2020. Seconded by
Vice Chair Hanssen.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
The Town Council met on December 3, 2019 and considered two items:
o Modifications to the land use appeal process; and
o Adoption of the new building code, fire code, and reach codes.
The General Plan Advisory Committee will meet on December 12th and review:
o A land use alternatives report prepared for the General Plan update.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 11, 2019
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Commissioner Badame
- The CDAC met on December 11th and considered one item:
o 14919 Los Gatos Boulevard.
Historic Preservation Committee
Chair Hudes
- The HPC met on December 11th and considered two items:
o 477 University Avenue; and
o 29 Broadway.
Members of the Planning Commission thanked Commissioner O'Donnell for his service on the
Planning Commission for the past 16 years as this was his last meeting.
ADJOURNMENT
The meeting adjourned at 9:38 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
December 11, 2019 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
DECEMBER 11, 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
DECEMBER 11, 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 November 13, 2019
2. Adoption of the 2020 Planning Commission Meeting Schedule
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. Architecture and Site Application S-17-047. Project Location: 16 Chestnut Avenue.
Property Owner: Kim Roper. Applicant/Appellant: Bess Wiersema, Studio 3 Design.
Project Planner: Erin Walters.
Consider an appeal of a Development Review Committee decision approving a request
for demolition of an existing pre-1941 single-family residence and construction of a new
single-family residence on property zoned R-1:12. APN 510-40-012. Continued from July
10, 2019 and October 9, 2019
4. Architecture and Site Application S-19-008 and Subdivision Application M-19-002.
Project Location: 16940 Roberts Road. Property Owner/Applicant: Josephine Chang.
Project Planner: Ryan Safty.
Requesting approval for demolition of an existing single-family residence, construction
of three condominium units that will exceed the floor area ratio standards, and site
improvements requiring a grading permit on property zoned RM:5-12. APN 529-18-053.
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5. Architecture and Site Application S-19-012. Project Location: 15925 Quail Hill Drive.
Applicant: Tom Sloan. Property Owner: John and Allison Diep. Project Planner: Jennifer
Armer.
Requesting approval for demolition of an existing single-family residence and detached
accessory dwelling unit, and construction of a two-story single-family residence on
property zoned HR-1. APN 527-02-007.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
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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