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Planning Commission

Regular Meeting

Los Gatos, CA · September 22, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 22, 2021 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, September 22, 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, Commissioner Reza Tavana, and Commissioner Emily Thomas. Absent: None. VERBAL COMMUNICATIONS Nancy Knight, 308 Harding Avenue She is an appellant on the 17200 Los Robles Way lot line adjustment appeal which had a Planning Commission hearing on September 8th. She asked for clarity on the Town’s obligation to adhere to its ordinances as related to lot mergers. Alison Steer, 304 Harding Avenue With respect to the 17200 Los Robles Way lot line adjustment appeal Planning Commission hearing on September 8th, the Appellants feel the Planning Commission was misdirected with regard to the Lot Merger Ordinance and permissions afforded by the SMA. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 22, 2021 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – September 8, 2021 MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Barnett. VOTE: Motion passed unanimously (6-0), Commissioner Thomas absent during this vote. PUBLIC HEARINGS 2. 244 Harding Avenue Architecture and Site Application S-21-025 APN 532-36-049 Applicant: Henry Riggs Property Owner: Marcus Thordal Project Planner: Jocelyn Shoopman Requesting Approval for Modification to an Existing Architecture and Site Application (S- 19-016) to Modify the Conditions of Approval on Property Zoned R-1:8. Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. Marcus Thordal (Applicant/Owner) Conversations with more than 30 neighbors regarding the sidewalk led them to file for this modification to the sidewalk layout, as every single neighbor said continuing the existing sidewalk is the only layout that makes sense for a sidewalk that ends after their house and where the lot slopes, and that is his opinion as well. He supports installing a sidewalk and asked the Commission to focus on the objective of providing the best fitting sidewalk to the location. Alison Steer, 304 Harding Avenue I live around the corner from the subject site. The way the Town is asking the applicant to lay out the pavement would mean walking along then crossing the street. She asked why the homeowners of the newly built house at 234 Harding Avenue were not asked to install a planter strip. Bill Ehlers, 544 University Ave Los Gatos has street diversity in its hillsides and sidewalks that don’t always go perfectly, and that is part of its charm. It doesn’t seem fair to have homeowners PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 22, 2021 always pay for improvements that are dictated by the Town and perhaps some arbitrary standards that do not apply or are tough to apply to sloped lots. I support the applicant and encourages the Planning Commission to approve my appeal. Terry Rinehart, 110 Worcester Loop I live around the corner from the subject site. How many Commissioners have walked by the property firsthand because a first-hand observation shows that having that planter strip in there doesn’t make any sense whatsoever. Michelle Todus I live in the neighborhood. Most of the neighborhood has no sidewalks, and if the Commission feels the neighborhood should have sidewalks then the Town should approach this with a broader view, because putting the onus on one homeowner for a 20-foot piece of sidewalk is unfair when the houses on either side do not have this. The Town should look at what the neighborhood wants in furthering goals of access and enjoyment. Marcus Thordal (Applicant/Owner) I understood from the beginning that he had to install a sidewalk but was surprised when I realized what the layout was. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to approve a modification to an existing architecture and site application to modify condition of approval 44 to state the applicant shall construct an attached sidewalk consistent with 246 and 248 Harding Avenue and to extend the length of the property instead of the current condition with the Town standards for 244 Harding Avenue. Seconded by Commissioner Tavana. Commissioners discussed the matter. Commissioner Barnett requested the motion be amended to require separate improvement of this property to conform to the sidewalks of 246 and 248 Harding Avenue at such time as either property is required to put in a parking strip. The maker of the motion declined to amend the motion. Commissioners discussed the matter. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 22, 2021 VOTE: Motion passed 5-1 with Commissioner Thomas dissenting and Commissioner Suzuki abstaining. OTHER BUSINESS REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  A Town Council/Planning Commission joint study session was held on September 20th regarding the Draft 2040 General Plan, which is out for public review and comment. Public comment for the accompanying Draft Environmental Impact Report (EIR) has closed but the Draft EIR can still be reviewed.  The next opportunity to discuss the Draft 2040 General Plan will be at a community meeting via Zoom on October 6th at 6:00 p.m. Information is available at www.LosGatos2040.com. SUBCOMMITTEE REPORTS/COMMISSION MATTERS None. ADJOURNMENT The meeting adjourned at 8:29 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the September 22, 2021 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA SEPTEMBER 22, 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] Page 1 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/89243487393?pwd=Ulo4WXBaY0dEcHFQTEtPT2FhcGZ6dz09. Passcode: 253099. 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. Page 2 TOWN OF LOS GATOS PLANNING COMMISSION AGENDA SEPTEMBER 22, 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 September 8, 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. Requesting Approval for Modification to an Existing Architecture and Site Application (S- 19-016) to Modify the Conditions of Approval on Property Zoned R-1:8. APN 532-36-049. Architecture and Site Application S-21-025. Located at 244 Harding Avenue. Property Owner: Marcus Thordal. Applicant: Henry Riggs. Project Planner: Jocelyn Shoopman. 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. Page 3 This Page Intentionally Left Blank Page 4

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