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Planning Commission

Regular Meeting

Los Gatos, CA · October 13, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 13, 2021 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 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 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 None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – September 22, 2021 MOTION: Motion by Commissioner Barnett to approve adoption of the Consent Calendar. Seconded by Vice Chair Burch. VOTE: Motion passed unanimously. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 13, 2021 PUBLIC HEARINGS 2. 16466 Bonnie Lane Subdivision Application M-21-003 APN 532-02-053 Applicant: Tony Jeans Property Owner: Mish Chadwick Project Planner: Ryan Safty Requesting Approval for Subdivision of One Lot into Two Lots on Property Zoned R-1:20. Commissioner Barnett announced that he would recuse himself from participating in the public hearing for 16466 Bonnie Lane because he lives within the prescribed radius for proximity to the subject site. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Tony Jeans, Applicant: - The parcel is irregularly shaped, but is almost 2 acres in size in the R-1:20 zoning district, so it is way bigger than anything else. They considered other alternatives for splitting the lot, but decided to go with the current plan to introduce a “jog” in the division between the parcels to give more room for a potential future house with more privacy for the neighbor to the left. The irregular shape of the existing parcel would not be made any worse by this lot split, rather it brings more conformity to the neighborhood, and the lot split of a 2-acre parcel to permit this is almost required by the Subdivision Map Act, the General Plan, and the zoning rules of the Town. Tom Lippe, Attorney representing Patti and Erik Van Der Burg of 6417 Peacock Lane: - The Town Code requires 100 feet of street frontage for this interior lot and the proposed new parcel has only about seven feet of street frontage on Bonnie Lane. The plans dated July 2021 show vehicle access provided by a new driveway from Bonnie Lane across an unpaved easement area to the new lot, but the unpaved easement is a street and is not a thoroughfare for vehicle travel affording the principle means of access, it is in fact someone’s yard. The actual thoroughfare that provides vehicle access to this parcel is Bonnie Lane and the new parcel does not have 100 feet of frontage on Bonnie Lane. Les Kishler: - He and his wife bought their property in the Ross Creek neighborhood in 1971. In the 1980s the neighborhood was an unincorporated country island and he and his neighbors were annexed to the Town of Los Gatos, and the Town agreed at that time to protect the neighborhood’s character, such as low density. The Planning Commission at that time spoke of the value of allowing neighborhoods in Los Gatos to keep their unique character PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 13, 2021 and not push all of them towards greater density and he hopes the current Planning Commission will continue that history. Amir Segev, next-door neighbor: - He hopes this is not some type of rubber-stamp ceremony without an opportunity to act on the decision and that the neighbors will be heard. His objections and those of his neighbors are not automatic objections. He would like to support this project, but a couple of things prevent that: 1) This project would be detrimental to the quality of life for the neighbors and the nature and character of the street with the increased density; and 2) He is terrified that a monstrosity would be built on the site. The neighbors are not concerned about a subdivision, but what that may bring later on and they are being kept in the dark regarding the proposal. Rebecca Guerra, 16500 Bonnie Lane: - Her property includes the discussed driveway easement. She and her two immediate neighbors are the properties that have right of easement on that driveway. She is trying to understand the difference between a private driveway and easement versus street frontage and how that is interpreted in this particular proposal. Pamela Kee, 16509 Bonnie Lane: - She lives across the street. Nothing has been said about whether sub-parcel 1 would be built. If this is a shared driveway access sub-parcel 1 could be in violation of the Santa Clara County Fire Standard and cause 16500 and 16510 Bonnie Lane to be in violation of the standard also, because their driveways would be in excess of 250 feet from the nearest hydrant. Unidentified Speaker, Peacock Lane: - He lives across the street from the Ross Creek riparian corridor, which is in a flood zone. Because of this his insurance is triple. Because of this new construction and the other construction upstream the potential for flooding is increased. The riparian corridor should be increased to 100 feet or more to reduce the likelihood of flood damage. This has not been investigated as much as it should be. Tony Jeans, Applicant: - With respect to the 50-foot wide easement on the 16500 Bonnie Lane property, this is a 50-foot wide dedication made in 1953 explicitly for road purposes, and all of that area is singled out. The frontage is along the property line of that, not along the road itself, so the fact that there was a 20-foot roadway or thoroughfare supposedly put on it does not determine the frontage. The frontage is the edge of the 50-foot easement. He has done his best to give additional space so that there is flexibility in designing a home for parcel 2 as to location and the design of the house. Fire safety will be determined at the architecture and site application phase. This is in flood zone D, which is not in the 100-year flood zone district. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 13, 2021 Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to approve a Subdivision Application for 16466 Bonnie Lane, including a condition of approval to include the open space easement near the riparian corridor. Seconded by Vice Chair Burch. VOTE: Motion passed unanimously with Commissioner Barnett recused. OTHER BUSINESS REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  A General Plan community meeting was held October 6thand was well attended. The Town is working with our consultants to determine the next steps for completing the Final EIR and responding to public comments.  Recruitment is being held for various commissions and committees with a deadline of December 3rd. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Conceptual Development Advisory Committee Commissioner Barnett - The CDAC met 10/13/21; discussed the request for a proposal for a preliminary review of an amendment to the North Forty Specific Plan that concerns the construction of a two- story commercial building at 15171 Los Gatos Boulevard. ADJOURNMENT The meeting adjourned at 8:33 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the October 13, 2021 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA OCTOBER 13, 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 Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044 this meeting will not be physically open to the public and the Council and/or Commissioners will be teleconferencing from remote locations. Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below). 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 Chambers. 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/86250280552?pwd=WmFEK3VuZlVXcWRSVXhNWWREWHBGQT09. Passcode: 688183. 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 OCTOBER 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 (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. Drafted Minutes of the September 22, 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 Subdivision of One Lot into Two Lots on Property Zoned R-1:20. Located at 16466 Bonnie Lane. APN 532-02-053. Subdivision Application M-21-003. Property Owner: Mish Chadwick. Applicant: Tony Jeans. Project Planner: Ryan Safty. 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

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