Planning Commission
Regular MeetingLos Gatos, CA · September 8, 2021
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
SEPTEMBER 8, 2021
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, September 8, 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 PM
ROLL CALL
Present: Chair Kathryn Janoff, Vice Chair Kendra Burch, Commissioner Jeffrey Barnett,
Commissioner Melanie Hanssen, Commissioner Jeffrey Suzuki, and Commissioner Emily
Thomas, Absent: Commissioner Reza Tavana.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – August 25, 2021
MOTION: Motion by Vice Chair Burch to approve adoption of the Consent
Calendar. Seconded by Commissioner Suzuki.
VOTE: Motion passed 5-0-1 with Commissioner Thomas abstaining and
Commissioner Tavana absent.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 8, 2021
PUBLIC HEARINGS
2. 17200 Los Robles Way
Lot Line Adjustment Application M-20-012
APNs 532-36-075, -076, and -077
Appellants: Alison and David Steer, Terry and Bob Rinehard, Nancy and Jim Neipp, Gary
and Michelle Gysin, and Gianfranco and Eileen De Feo
Applicant: Tony Jeans
Property Owners: Daran Goodsell, Trustee and Mark Von Kaenel
Project Planner: Ryan Safty
Consider an Appeal of a Development Review Committee Decision approving a Lot Line
Adjustment between three adjacent lots on properties zoned R-1:20.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
Alison Steer (Appellant)
- The Subdivision Map Section 66412 is overly broad. The Subdivision Map Act is silent on
when lot line adjustment procedures can be used, whereas the Town Ordinance is explicit
that it cannot be used under these circumstances and therefore takes precedence. The
Subdivision Map Act in fact allows jurisdictions to decide how they regulate lot line
adjustment procedures and loosely provides the minimum requirements that need to be
met. There is no legal access to Parcel 2 and therefore Town Code requires denial of the
application.
Tony Jeans (Applicant)
- These are three legal lots recognized by the Town of Los Gatos. A Certificate of Compliance
has been recorded. Their current plan is a much more appropriate use of the space than
the current configuration. There is a good amount of space reasonably available for
building without dramatically impacting trees. Parcel 1 retains better use of the land for the
existing house, Parcel 3 would have good access for a buildable area in the center, and
Parcel 2 would have an almost one-acre area with room to get separation from existing
homes on the adjacent lots.
Tony Jeans (Applicant)
- They had to comply with the Town zoning rules and Subdivision Map Act. They have
removed as many of the existing nonconformities in the new proposed configuration,
which is substantially better than what currently exists, and he asks for the Commission’s
approval.
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 8, 2021
Alison Steer (Appellant)
- The Subdivision Map Act allows jurisdictions to decide how they regulate Lot Line
Adjustment procedures. The Town Ordinance says they need legal access, and a
turnaround and Parcel 2 does not have those today. The appellants ask that the Lot Line
Adjustment be denied, and the appeal granted, and also, that the Commission maintain the
existing primary access for these parcels along Los Robles Way. They respectfully disagree
with the Town Attorney and asked for court cases as proof, as they believe that the Town
Ordinance is valid and should be followed.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Burch to Deny an Appeal of a Development Review
Committee Decision for 17200 Los Robles Way. Seconded by
Commissioner Barnett.
VOTE: Motion passed 5-0-1 with Commissioner Hanssen abstaining.
3. Provide the public with an opportunity to give verbal comments on the Draft
Environmental Impact Report (DEIR) for the Draft 2040 General Plan. No action will be
taken at this meeting. Project Planner: Jennifer Armer.
Jennifer Armer, Senior Planner, presented the staff report.
Opened Public Comment.
Giulianna Pendleton, Santa Clara Valley Audubon Society
- Lighting is a serious issue for species, habitats, and humans. Recent findings are beginning
to identify light pollution as a significant driver for the current insect apocalypse. Lighting is
not listed as a potential biological impact to the surrounding area in the biological report of
the Draft EIR. There should be a town-wide environmental review for lighting incorporated
within the EIR.
Closed Public Comment.
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 8, 2021
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
The deadline to apply to join the General Plan Committee to form the Housing Element
Advisory Board for the 2023-2031 Housing Element is September 10th at 4 p.m.
There will be a joint study session between the Planning Commission and Town Council
regarding the Draft 2040 General Plan on September 20th at 4 p.m.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 8:07 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
September 8, 2021 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
SEPTEMBER 08, 2021
110 EAST MAIN STREET
LOS GATOS, CA
Kathryn Janoff, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett, Commissioner
Melanie Hanssen, Commissioner PARTICIPATION IN THE PUBLIC PROCESS
Jeffrey Suzuki, Commissioner
Reza Tavana, Commissioner
Emily Thomas, 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]
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IMPORTANT NOTICE REGARDING 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 in real-time during the meeting, you must
join the Zoom webinar at:
https://losgatosca-gov.zoom.us/j/86784865291?pwd=eTBRdnpJbTZ1dXg2M29QaUJkaS9vQT09.
Passcode: 264359.
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 KATHRYN JANOFF, VICE
CHAIR BURCH, COMMISSIONER BARNETT, COMMISSIONER HANSSEN, COMMISSIONER
SUZUKI, COMMISSIONER TAVANA, AND COMMISSIONER THOMAS. All votes during the
teleconferencing session will be conducted by roll call vote.
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TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
SEPTEMBER 08, 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 (Items appearing on the Consent Items are considered routine Town business
and may be approved by one motion. Any member of the Commission may request to have an
item removed from the Consent Items for comment and action. Members of the public may
provide input on any or multiple Consent Item(s) when the Chair asks for public comments on the
Consent Items. If you wish to comment, please follow the Participation Instructions contained on
Page 2 of this agenda. If an item is removed, the Chair has the sole discretion to determine when
the item will be heard.)
1. Draft Minutes of the August 25, 2021 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 Lot Line
Adjustment Between Three Adjacent Lots on Properties Zoned R-1:20. Located at 17200
Los Robles Way. APNs 532-36-075, -076, and -077. Lot Line Adjustment Application M-
20-012. Property Owners: Daran Goodsell, Trustee and Mark Von Kaenel. Applicant:
Tony Jeans. Appellants: Alison and David Steer, Terry and Bob Rinehart, Nancy and Jim
Neipp, Gary and Michelle Gysin, and Gianfranco and Eileen De Feo. Project Planner:
Ryan Safty.
3. Provide the Public with an Opportunity to Give Verbal Comments on the Draft
Environmental Impact Report (DEIR) for the Draft 2040 General Plan. No action will be
taken at this meeting. Project Planner: Jennifer Armer.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
SUBCOMMITTEE REPORTS / COMMISSION MATTERS
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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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