Planning Commission
Regular MeetingLos Gatos, CA · July 22, 2020
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
JULY 22, 2020
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, July 22, 2020, at 7:00 p.m.
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID19
pandemic and was conducted via Zoom. All planning commissioners and staff participated
from remote locations and all voting was conducted via roll call vote.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Melanie Hanssen, Vice Chair Kathryn Janoff, Commissioner Mary Badame,
Commissioner Jeffrey Barnett, Commissioner Kendra Burch, Commissioner Matthew Hudes,
and Commissioner Reza Tavana.
Absent: None.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – June 10, 2020
MOTION: Motion by Commissioner Hudes to approve adoption of the Consent
Calendar. Seconded by Commissioner Badame.
VOTE: Motion passed unanimously
PUBLIC HEARINGS
2. 146 Robin Way
Architecture and Site Application S-19-043
APN 532-12-015
Applicant: Gary Kohlsaat
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF JULY 22, 2020
Property Owner: Mehrdad and Leila Dehkordi
Project Planner: Diego Mora
Consider an appeal of a Development Review Committee decision approving a request
for demolition of an existing single-family residence, and construction of a new single-
family residence on property zoned R-1:10.
Diego Mora, Assistant Planner, presented the staff report.
Opened Public Comment.
Jim Zaky, 140 Robin Way, Appellant
- He filed the appeal to ensure the screening and fence is provided. They have many privacy
concerns such as the removal of an apple tree and rhododendrons that provide screening,
which would create a clear line of site from their back yard to the Applicant’s back yard and
the rear elevation of the new home and they wish to have that screened with plants. The
Applicants have proposed keeping the apple tree and installing ten 15-gallon, 6-foot tall
podocarpus. He proposes 20 36-inch box podocarpus along the fence line to provide
privacy screening.
Gary Kohlsaat, Applicant
- They met with the Appellants on July 9, 2020 to address their concerns and are fine with
the 8-foot fence with 6 feet of solid and 2 feet of lattice. They believe the apple tree could
survive with some soil around it and are raising the house up by 6-inches, so they have the
ability to add topsoil to cover the roots. The difficulty with installing larger podocarpus in
36-inch boxes is they are very expensive and it is preferred to plant smaller sizes in the long
term because they will catch up to 36-inch boxes and do not require as large a planter, but
he understood the Appellant’s desire for immediate screening.
Robert Buxton, 118 Robin Way
- He supports the Appellants and their right to privacy and quality of life. 36-inch box
podocarpus is appropriate for the Applicant to install. He recommends the Planning
Commission continue the matter to a date certain with special direction. His memo to the
DRC dated May 18, 2020 points out that Exhibit 15 is incorrect in many ways as to the
neighbors’ positions. They never approved the project last December and they do not
approve it now, and they support the Appellants.
Gary Kohlsaat, Applicant
- They have not given up on working with the Appellants and this is not their final offer. They
respect the process and Town staff and will ensure they do right by everyone. They
changed the architecture dramatically in terms of simplifying it after receiving the Town
Architect’s review and staff found it appropriate. They simplified it even more to address
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MINUTES OF PLANNING COMMISSION MEETING OF JULY 22, 2020
neighbors’ concerns by lowering the house and creating more exhibits to showcase what
they had done.
Jim Zaky, 140 Robin Way, Appellant
- The ten 15-gallon podocarpus are no more than 6 feet tall. The existing apple tree has a
surface root system and any proposed foundation would encroach well under the canopy
and over the exposed root structure. The 20 lineal feet of 12-foot tall rhododendrons to be
removed was not addressed in the revised plan and leaves substantial exposure. The
required no less than 8-foot fence was also not reflected in the revised plans. 15-gallon
podocarpus take ten years to reach the height and girth for the required screening; 36-inch
box podocarpus would be required to achieve that.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Janoff to deny the appeal with the condition of
amending the conditions of approval to include the four points of the
proposal provided by the Appellant. Seconded by Commissioner
Badame.
VOTE: Motion passed 5-2 with Commissioners Burch and Hudes dissenting.
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
The General Plan Update Advisory Committee met July 16, 2020 to begin discussion on
the General Plan Mobility Element with further discussion in August.
A scoping meeting for the Environmental Impact Report for the General Plan Update is
scheduled for July 23, 2020.
The General Plan Update Advisory Committee will hold a special a meeting on July 30,
2020 to discuss pandemic response, emergency health issues, and racial inequality and
social justice.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Hudes
- HPC met July 22, 2020 and considered six items:
o 445 Los Gatos Boulevard
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MINUTES OF PLANNING COMMISSION MEETING OF JULY 22, 2020
o 224 Wilder Avenue
o 253 West Main Street
o 78 West Main Street
o 17361 East Vineland Avenue
o Input to the General Plan
General Plan Update Advisory Committee
Chair Hanssen
- The GPAC has met three times since the last Planning Commission meeting on June 10,
2020:
o June 18, 2020 regarding the Public Facilities, Services, and Infrastructure Element.
o July 2, 2020 regarding the Environment and Sustainability Element.
o July 16, 2020 regarding the Mobility Element.
Commission Matters
None.
ADJOURNMENT
The meeting adjourned at 8:12 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
July 22, 2020 meeting as approved by the
Planning Commission.
_____________________________
/s/Vicki Blandin
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Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
JULY 22, 2020
110 EAST MAIN STREET
LOS GATOS, CA
Melanie Hanssen, Chair
Kathryn Janoff, Vice Chair
Mary Badame, Commissioner
Jeffrey Barnett, Commissioner
PARTICIPATION IN THE PUBLIC PROCESS
Kendra Burch, Commissioner
Matthew Hudes, 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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IMPORTANT NOTICE REGARDING JULY 22, 2020 PLANNING COMMISSION MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic. The live stream of the meeting may be viewed on television and/or online at:
https://meetings.municode.com/PublishPage/index?cid=LOSGATOS&ppid=4bc370fb-3064-
458e-a11a-78e0c0e5d161&p=0. In accordance with Executive Order N-29-20, the public may
only view the meeting on television and/or online and not in the Council Chamber.
PARTICIPATION
If you are not interested in providing oral comments real-time during the meeting, you can view the live
stream of the meeting on television (Comcast Channel 15) and/or online at
https://www.youtube.com/channel/UCFh35XRBWer1DPx-F7vvhcg.
If you are interested in providing oral comments real-time during the meeting, you must join the Zoom
webinar at
https://losgatosca-gov.zoom.us/j/97478590410?pwd=VEx6VGYrRkxaVFlFcjFnRG9SbkVJUT09
Password: 107294
During the meeting:
When the Chair announces the item for which you wish to speak, click the “raise hand”
feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your
telephone keypad to raise your hand. If you are participating by calling in, press #2 on
your telephone keypad to raise your hand.
When called to speak, please limit your comments to three (3) minutes, or such other
time as the Chair may decide, consistent with the time limit for speakers at a Council
meeting.
If you are unable to participate in real-time, you may send an email to
PlanningComment@losgatosca.gov with the subject line “Public Comment Item # ” (insert
the item number relevant to your comment) or “Verbal Communications – Non Agenda
Item.” Comments will be reviewed and distributed before the meeting if received by 11:00
a.m. on the day of the meeting. All comments received will become part of the record. The
Chair has the option to modify this action on items based on comments received.
REMOTE LOCATION PARTICIPANTS
The following Planning Commissioners are listed to permit them to appear electronically or
telephonically at the Planning Commission meeting: CHAIR MELANIE HANSSEN, VICE CHAIR
JANOFF, COMMISSIONER BADAME, COMMISSIONER BARNETT, COMMISSIONER BURCH,
COMMISSIONER HUDES, AND COMMISSIONER TEVANA. All votes during the teleconferencing
session will be conducted by roll call vote.
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MEETING CALLED TO ORDER
ROLL CALL
VERBAL COMMUNICATIONS (Members of the public may address the Commission on any matter
that is not listed on the agenda consistent with the Participation instructions contained on page
2 of this 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. A member of the public may request to pull an item from
Consent by following the Participation instructions contained on page 2 of this 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 June 10, 2020
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of five minutes maximum for opening statements. Members of the public may be allotted up to
three minutes to comment on any public hearing item by following the Participation instructions
contained on page 2 of this agenda. Applicants/Appellants and their representatives may be
allotted up to a total of three minutes maximum for closing statements. Items
requested/recommended for continuance are subject to the Commission’s consent at the
meeting.)
2. Consider an appeal of a Development Review Committee decision approving a request
for demolition of an existing single-family residence, and construction of a new single-
family residence on property zoned R-1:10. Located at 146 Robin Way. APN 532-12-015.
Architecture and Site Application S-19-043. Property Owners: Mehrdad and Leila
Dehkordi. Applicant: Gary Kohlsaat. Project Planner: Diego Mora.
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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