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Planning Commission

Regular Meeting

Los Gatos, CA · October 28, 2020

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 28, 2020 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 28, 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, and Commissioner Matthew Hudes Absent: Commissioner Reza Tavana VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – October 14, 2020 MOTION: Motion by Commissioner Hudes to approve adoption of the Consent Calendar. Seconded by Commissioner Badame. VOTE: Motion passed unanimously. PUBLIC HEARINGS 2. 101 Broadway Architecture and Site Application S-20-003 APN 510-45-041 Applicant: Jay Plett, Architect Property Owner: ZKJ LLC Project Planner: Sean Mullin 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 28, 2020 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 Located in the Broadway Historic District on Property Zoned R-1D:LHP. Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. Karen Kurtz, 107 Broadway (Appellant) - She has lived in Los Gatos for 54 years and on her property for 32 years. She is a local realtor who has remodeled and refurbished 12 homes in Los Gatos and surrounding areas. The staff report bases its support of the height approval on incorrect drawings that do not show the true negative impact the proposed home would have on the surrounding neighbors. Statements that the height of the proposed house is consistent with the neighboring properties are false. She also requests that the fire hazard be reassessed. The results of the shadow study bear no resemblance to reality. Jay Plett, Architect (Applicant) - The shadow study was based on the GIS and Town data. His October 26, 2020 summary shows the most extreme shadows cast on 107 Broadway will pass by mid-morning, with no noticeable shadows as the season goes on. The home is five feet from the property line and 107 Broadway's main structure is 16 feet from the property line, so from their house to 107 Broadway is approximate 21 feet, and the windows on that elevation have been minimized and one has been eliminated. They propose to move the garage back five feet, move the main level and upstairs mass back, and are stepping up the hillside per the design guidelines. They have met all the criteria of the historic regulations, design guidelines, and hillside guidelines. Tami Kurtz - She is the daughter of the Appellant. The story poles tell the picture of the mass of the proposed home. The view from the interior and back yard of the Appellant's home has been of the east foothills and entire valley for over a century, but will now see a wall if the proposed home is built. The only portion of the Appellant's yard where she could see the view is a steep hill, not a usable portion of the back yard. The proposed home is highly out of context for the neighborhood and character of historic Broadway. Paul Clark, 117 Broadway - One of the reasons the back of the proposed home is so high is because it sits on the upper floor above an Accessory Dwelling Unit (ADU), and that ADU is excluded from the application plans, but the presence of that ADU is what forces the building so high at the back. He asked if the applicant had considered an alternative design that does not include that? C:\Users\AzureAdmin\AppData\Local\Temp\tmp4DFA.tmp PAGE 3 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 28, 2020 Larry Brandhorst, 101 Broadway - He supports the appeal, as decisions of both the Historic Preservation Committee and the Development Review Committee were based upon misleading, deceptive, and inaccurate information submitted by the applicant in their Letter of Justification and other materials. He hoped the Commissioners had read this information before taking action on this appeal. He focused on the impact the project would have on the quality of life for the occupants of 101 Broadway and neighboring homes. Ilona Merli, 89 Broadway - The inaccuracies the Applicant has put forth still have not been addressed. An entire story pole section on the front of the house was ignored and just put up last week after two months of asking people to look at them. It was suggested their picture was superimposed, but the measurements have been reviewed by two architects and are correct. Her biggest concern is the balcony which would be hanging over her yard. Jay Plett, Architect (Applicant) - His team met three times with Mr. Brandhorst. They agreed to move the balcony back five feet to accommodate him and to erect the fence from their ground floor for privacy, which they were not required to do. They addressed all Mr. Brandhorst's concerns and he agreed to them. Windows have been set way back from Mr. Brandhorst's property and there are no two-story windows near the property line. Karen Kurtz, 107 Broadway (Appellant) - She suggested designing the house more towards the front to reduce the scale and to utilize the basement better than it is now. She liked the design of 101 Broadway and the way it fits into the site without obstructing views or privacy, and for its tandem garage rather than a side-by-side, two-car garage. The proposed building would cover all of 94 Broadway and all of her living area. Contrary to what the Applicant has said, 101 Broadway would have views from their first story. The front of 101 would shut off her views from the north. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Badame to continue the public hearing for 101 Broadway with direction to the meeting of December 9, 2020. Commissioners discussed the matter. Seconded by Commissioner Hudes. Commissioners discussed the matter. C:\Users\AzureAdmin\AppData\Local\Temp\tmp4DFA.tmp PAGE 4 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 28, 2020 VOTE: Motion passed unanimously. 3. 15415 National Avenue Subdivision Application M-18-008 APN 424-12-006 Applicant: Kurt B. Anderson Property Owner: Ramya Muddada Project Planner: Sean Mullin Consider approval of a Request for Subdivision of One Lot into Two Lots on property zoned R-1:8. Sean Mullin, Associate Planner, presented the staff report. Opened Public Comment. Kurt Anderson (Applicant) - A letter of complaint from adjacent property owners at Leila Court contained unfounded concerns. There are great community benefits from their project, such as improvements on National Avenue, undergrounding utilities along the frontage, blending in with the surrounding neighborhood, and keeping the scale of future residences in line with what is adjacent to the property. They meet the subdivision requirements of the lot and are looking for an approval. Donna and Paul Nelson, 15425 National Avenue - They live alongside the subject site. They are not against the corridor, or flag lot, however she thought they were frowned upon. If this application is approved they will have a flag lot on each side of their property and she wondered if they are allowed. Kurt Anderson (Applicant) - The Nelsons support the corridor and their concern is that their lot is also large enough to support a corridor lot and would like to do the same thing in the future, but they want to know what their potential is. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Badame to approve a Subdivision Application for 15415 National Avenue. Seconded by Commissioner Hudes. C:\Users\AzureAdmin\AppData\Local\Temp\tmp4DFA.tmp PAGE 5 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 28, 2020 Commissioner Barnett requested the motion be amended to include the findings pursuant to LU-4.5. The Maker of the Motion accepted the amendment to the motion. The Seconder of the Motion accepted the amendment to the motion. VOTE: Motion passed unanimously. OTHER BUSINESS REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  Town Council met October 20, 2020: o Considered a second reading for the modifications to the Zoning Ordinance for Lighting and BMP regulations. o Adopted revisions to the Hillside Design Standards and Guidelines regarding Visibility Analysis. o Denied an appeal of a Planning Commission decision denying the North 40 Market Hall underground parking removal. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Hudes - HPC met October 28, 2020 and considered four items: o 15 Ellenwood Avenue. o 225 Wilder Avenue. o 432 Los Gatos Boulevard. o 15 Chestnut Avenue. General Plan Update Advisory Committee Commissioner Hanssen o GPAC met October 15, 2020 and considered the Environment and Sustainability Element second draft. o GPAC will meet November 5, 2020 to discuss the Land Use and Community Design Elements. Commission Matters None. C:\Users\AzureAdmin\AppData\Local\Temp\tmp4DFA.tmp PAGE 6 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 28, 2020 ADJOURNMENT The meeting adjourned at 9:24 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the October 28, 2020 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin C:\Users\AzureAdmin\AppData\Local\Temp\tmp4DFA.tmp

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA OCTOBER 28, 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] Page 1 IMPORTANT NOTICE REGARDING OCTOBER 28, 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/99895699697?pwd=aGZDZ1ovempOREc1ckxXbmtkSXdIUT09 Passcode: 948215. 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. Page 2 TOWN OF LOS GATOS PLANNING COMMISSION AGENDA OCTOBER 28, 2020 7:00 PM 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. 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. Approval of Minutes from October 14, 2020 Planning Commission Meeting 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. 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 Located in the Broadway Historic District on Property Zoned R-1D:LHP Located at 101 Broadway. APN 510-45-041. Architecture and Site Application S-20-003. Property Owner: ZKJ LLC. Applicant: Jay Plett, Architect. Project Planner: Sean Mullin 3. Consider Approval of a Request for Subdivision of One Lot into Two Lots on Property Zoned R-1:8 Located at 15415 National Avenue. APN 424-12-006. Subdivision Application M-18-008. Property Owner: Ramya Muddada. Applicant: Kurt B. Anderson. Project Planner: Sean Mullin. 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. Page 3 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. Page 4

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