Planning Commission

Name: Planning Commission — Los Gatos, CA
Start: 2021-01-13T19:00:00
End: 2021-01-13T21:00:00
Location: Los Gatos, CA

Regular Meeting

Los Gatos, CA · January 13, 2021

Agenda Packet Minutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 13, 2021 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, January 13, 2021, 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 Jeffrey Barnett, Commissioner Kendra Burch, and Commissioner Reza Tavana. Absent: None. VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – December 9, 2020 MOTION: Motion by Commissioner Tavana to approve adoption of the Consent Calendar. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. PUBLIC HEARINGS 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 13, 2021 2. 15 Loma Alta Avenue Architecture and Site Application S-19-023 APN 532-29-073 Applicant: Babak Homayouni Appellants: Kelly Luoma and Rick Rutter Property Owner: BAB Investment Group LLC Project Planner: Jennifer Armer 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 with Reduced Setbacks on Nonconforming Property Zoned R-1:8. Continued from November 11, 2020 meeting. Jennifer Armer, Senior Planner, presented the staff report. Opened Public Comment. Kelly Luoma (Appellant) - They appreciate that the house has been reduced in size and height, which had been big concerns for her. She would not call the latest design a traditional Craftsman because it is it still contemporary. She is left confused as to what the story poles reflect because the roof pitch is not shown in the plans and the elevation heights are not consistent. They are concerned that water is being pushed towards their property. The chimney is also inconsistent, appearing on some views, but not in others. There are questions with the current plans that have not been adequately addressed. Rick Rutter (Appellant) - Some of their concerns are more in the details. They are confused as to how specific things need to be before they move forward because there is confusion regarding some of the plan's changes. The Applicants have been very good in trying to meet with them on certain areas, but he would like them to address these final points. Bahar Masarati, Architect (Applicant) - The story poles do not change, except for the garage roof, so the maximum height will remain the same whether the story poles are changed or not. All the concerns regarding the most current set of plans submitted have been addressed. Babak Homayouni, Architect (Applicant) - When Ms. Masarati says the height remains the same it means they have already reduced the height by 3 feet in the new design. One of the Appellant's concerns was the garage height, so they are willing to lower the garage roof pitch from 8:12 to 6:12 to achieve more light and less shadow for their property and give consistency with the rest of the home. PAGE 3 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 13, 2021 They have solicited comment from the Appellants on the new plans and addressed comments made by their neighbor, James Lyon. It is impossible to show the Appellants how the Craftsman would be with respect to the story poles, because story poles reflect the volume of the house, the pitch of the roof, and the overall home. James Lyon - The project has come a long way. The Applicants have addressed most of his concerns and the Appellant's civil engineering concerns should be addressed as conditions of approval prior to the issuance of building permits. He requested the Town Architect give the project a final review prior to approval in terms of consistency of the design and leave the final approval to staff. He supported the Craftsman design. Babak Homayouni, Architect (Applicant) - They will go with the Appellant's desired roof pitch of 6:12. A railing for the balcony was not indicated because there is no railing as the roof serves as a railing. The civil plans have not been changed to coordinate with the architectural drawings because there is no change to the footprint, so there is no need to change the plan. They will secure the back yard and they can build an 8-foot fence if the Appellants desire. The Town has provided them a drain to deal with water and there is no way to drain the water from the house to anywhere else, and it has been approved by the Town's civil engineers. They cannot guide the water the other way; they have to follow the slope. Kelly Luoma (Appellant) - She reiterated that she appreciated that the house had been reduced in scope. She clarified that there currently is a fence and gate on their property. They are trying to protect their property and do have water concerns and want it on record that they are saying it now, because the area is prone to flooding. James Lyon - The water from the subject site would be split and directed both into the alley and to the Appellant's property. There are inconsistencies between the architectural and civil plans and there might be additional considerations under the permit review; they will see what happens when they get 6 inches of rain. Rick Rutter (Appellant) - He appreciated what has been done to move the project forward and said addressing the neighbor's concerns would help get it to the finish line. The water is still a concern. Closed Public Comment. Commissioners discussed the matter. PAGE 4 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 13, 2021 MOTION: Motion by Commissioner Burch to deny an appeal of a Development Review Committee decision and approve an Architecture and Site Application for 15 Loma Alta Avenue. Seconded by Commissioner Tavana. VOTE: Motion passed unanimously. 3. 201-223 Los Gatos-Saratoga Road Sign Permit Application SN-20-035 APN 510-14-009 Applicant: Michele Richmond Property Owner: Joey McCarthy, McCarthy Ranch Project Planner: Ryan Safty Consider a Request for Approval of an Exception to the Town's Commercial Design Guidelines to Allow Four Panels on an Existing Ground Sign on Property Zoned C-2. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Joe Goggiano, McCarthy Ranch - A fourth panel is needed to complete development of the property. There are four prospective tenants, thus the need for the fourth panel on the sign. It would help in marketing the property to be able to offer signage to any future tenant. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Barnett to approve an Exception to the Town's Commercial Design Guidelines and approve a Sign Permit for 201-223 Los Gatos-Saratoga Road. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. OTHER BUSINESS 4. Election of Chair and Vice Chair PAGE 5 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 13, 2021 MOTION: Motion by Chair Hanssen to nominate Vice Chair Janoff as Chair of the 2021 Planning Commission. Seconded by Commissioner Burch. VOTE: Motion passed unanimously. MOTION: Motion by Chair Janoff to nominate Commissioner Burch as Vice Chair of the 2021 Planning Commission. Seconded by Commissioner Hanssen. VOTE: Motion passed unanimously. REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  None. SUBCOMMITTEE REPORTS/COMMISSION MATTERS General Plan Advisory Committee Commissioner Hanssen - GPAC met December 17, 2020; reviewed the Mobility Element for the third time. - GPAC met 1/7/21; reviewed the Land Use Element. General Plan Committee Commissioner Hanssen - GPC met January 13, 2021; considered a General Plan Amendment for Tait Avenue, a property owned by the Town, and forwarded a recommendation of approval to the Planning Commission and Town Council. Conceptual Development Advisory Committee Commissioner Barnett - CDAC met January 13, 2021; discussed conceptual plans for 16203 Los Gatos Boulevard. Historic Preservation Committee Commissioner Burch - HPC met December 16, 2020; reviewed a proposal to relocate a Yuki house to another part of the first half of the North 40 and possible uses for it. - HPC met January 12, 2020; reviewed Initial Drafts of the Land Use and Community Design Elements. PAGE 6 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 13, 2021 COMMISSION MATTERS Commissioner Hanssen:  Congratulated Chair Janoff and Vice Chair Burch on their new Planning Commission positions, and thanked her fellow commissioners for their help in dealing with the struggles of 2020. Vice Chair Burch:  Thanked Commissioner Hanssen for her service as the 2020 Planning Commission Chair. Chair Janoff:  Announced two new planning commissioners would be appointed on January 19, 2021 and would be in place for the next Commission meeting. ADJOURNMENT The meeting adjourned at 8:16 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the January 13, 2021 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA JANUARY 13, 2021 110 EAST MAIN STREET LOS GATOS, CA Melanie Hanssen, Chair Kathryn Janoff, Vice Chair Jeffrey Barnett, Commissioner Kendra Burch, Commissioner PARTICIPATION IN THE PUBLIC PROCESS Reza Tavana, Commissioner Vacant, Commissioner Vacant, 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 follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. 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 day 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 JANUARY 13, 2021 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/83524387250?pwd=ZTZqZklqKzl4VWs3YXBzQ0xPRWdXUT09 Passcode: 406101. Please be sure you have the most up-to-date version of the Zoom application should you choose to provide public comment during the meeting. Note that participants cannot turn their cameras on during the entire duration of the meeting. 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 BARNETT, COMMISSIONER BURCH, 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 JANUARY 13, 2021 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. Planning Commission Drafted Minutes for December 9, 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. 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 with Reduced Setbacks on Nonconforming Property Zoned R-1:8. Located at 15 Loma Alta Avenue. APN 532-29-073. Architecture and Site Application S- 19-023. Property Owner: BAB Investment Group LLC. Applicant: Babak Homayouni. Appellants: Kelly Luoma and Rick Rutter. Project Planner: Jennifer Armer 3. Consider a Request for Approval of an Exception to the Town’s Commercial Design Guidelines to Allow Four Panels on an Existing Ground Sign on Property Zoned C-2. Located at 201-223 Los Gatos-Saratoga Road. APN 510-14-009. Sign Permit Application SN-20-035. Property Owner: Joey McCarthy, McCarthy Ranch. Applicant: Michele Richmond. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 4. Election of Chair and Vice Chair REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT SUBCOMMITTEE REPORTS / COMMISSION MATTERS Page 3 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. Page 4

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