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Planning Commission

Regular Meeting

Los Gatos, CA · October 27, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 27, 2021 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 27, 2021, at 7:00 p.m. This meeting was 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, 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, Commissioner Jeffrey Barnett, Commissioner Melanie Hanssen, Commissioner Jeffrey Suzuki, Commissioner Reza Tavana, and Commissioner Emily Thomas Absent: Vice Chair Kendra Burch VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – October 13, 2021 MOTION: Motion by Commissioner Suzuki to approve adoption of the Consent Calendar. Seconded by Commissioner Tavana. VOTE: Motion passed unanimously. 7-0 with Vice Chair Burch Absent. 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 27, 2021 PUBLIC HEARINGS 2. 100 Alerche Drive APN 567-18-069 Property Owner/Applicant/Appellant: Anirudh Chauhan Project Planner: Ryan Safty Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence and Driveway Gate Located within the Required Front Yard Setback on Property Zoned HR-1. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Anirudh Chauhan (Owner/Applicant/Appellant): - All the houses in the neighborhood have a fence except for three because of the high foot traffic and need for security. We need a fence to have security for our family because we have experienced at least five trespassing incidents. We need the fence height exception to protect my vineyard from deer and protect our property and family from trespassers. Fred Faltersack, 125 Alerche Drive: - I submitted written comment related to crime in the neighborhood. There are three additional points I would like to make. First, a majority of the neighborhood is not in compliance with the current Town Code and there is continuity with what the applicant is trying to do. Second, there are clear and justified needs for the applicant to have this exemption as the request is consistent with the Alerche Drive community as a whole. Third, crimes such as auto theft and burglaries are on the rise and every person has a right to protect and defend their loved ones and property. Ron Czerny: - The community supports this project. The property owner is trying to build the same fence as the neighbors. Alerche has heavy traffic, and the fence would be compatible with the neighborhood. Stawsh: - The discussion gives the impression that all the houses in the neighborhood have fences across the front, but that is not the case. The lower two-thirds of Alerche do not have front fencing and create an open vista. C:\windows\TEMP\tmp99CC.tmp PAGE 3 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 27, 2021 Eugene Korsunsky, 117 Alerche Drive: - One of the reasons I bought my current home on Alerche was because it was gated and fenced and I felt safe. Alerche gets a ton of foot traffic and not all of it is good foot traffic. The applicant is trying to match what everyone else already has and protect their property. Anirudh Chauhan (Applicant/Appellant): - I respect the ordinances and believe they are there for good reasons, and one of their principles is uniformity and conformity to the neighborhood. The proposed fence matches 11 out of 18 fenced houses in the neighborhood and conforms to the Town requirements except for the height. I have written support for the fence from 12 of the 14 houses on Alerche and the fence conforms to their fences. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to grant the appeal of the Community Development Director decision to deny the fence height exception request for construction of a six-foot fence and driveway located within the required front yard setback on property zoned HR-1 located at 100 Alerche Drive and approve the fence height exception. Seconded by Commissioner Barnett. VOTE: Motion passed unanimously. 3. 56 Kimble Avenue Variance Application V-20-002 APN 529-33-035 Applicant: Jay Plett Property Owner: Peter Lisherness and Kim Nguyen Project Planner: Jocelyn Shoopman Requesting Approval for a Variance from the Town Code for the Height of an Accessory Structure and Length of Driveway, and an Exception to the Hillside Development Standards and Guidelines for the Setbacks of an Accessory Structure on Property Zoned R-1:10. Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. C:\windows\TEMP\tmp99CC.tmp PAGE 4 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 27, 2021 Jay Plett (Applicant): - We have designed an optimal structure to the existing conditions of the site. This project does not even require a grading permit. The structure has been placed to have minimal disturbance of the site. The design complements the companion house and other structures in the neighborhood of similar style. I believe we have done a good job in the spirit of the Hillside Development Standards and Guidelines, direction provided from the Town, and have shown respect to the environment in which the house and ADU below the garage would be situated. Jay Plett (Applicant): - The property owner has consulted with the neighbors and they support the project. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Barnett to approve a Variance from the Town Code for the height of an accessory structure and length of the driveway and an exception to the Hillside Development Standards and Guidelines for the setbacks of an accessory structure on property zoned R-1:10 located at 56 Kimble Avenue. Seconded by Commissioner Tavana. VOTE: Motion passed unanimously. OTHER BUSINESS 4. Review and Discuss the Commercial Cannabis Presentation Provided by the Town Attorney. Robert Schultz, Town Attorney, provided a presentation. Opened Public Comment. Phil Barry: - I have worked for the past four years as a chief revenue officer for a significant marijuana company in California. I complimented the staff for putting together a comprehensive and professional proposal. Closed Public Comment. Commissioners discussed the matter. C:\windows\TEMP\tmp99CC.tmp PAGE 5 OF 6 MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 27, 2021 REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  The Draft 2040 General Plan is still out for public review.  Staff and Consultants also keep Responses to Comments for the Draft Environmental Impact Report (EIR).  A Housing Element Advisory Board meeting was held on October 21, 2021. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Housing Element Advisory Board (HEAB) Commissioner Hanssen - The HEAB had its first meeting on October 21, 2021 where many members expressed that it is important to get substantially more community involvement than was had with the General Plan. - New software is available to allow members of the HEAB or members of the public to see where housing might be that will be submitted to the HCD. - The HEAB appointed Commissioner Hanssen as its chair and Chair Janoff as its vice chair. Historic Preservation Committee (HPC) Commissioner Suzuki - The HPC met on October 27, 2021 and considered three items: o 70 Ellenwood Avenue: Approved request to be removed from the historic resources inventory. o 245 Johnson Avenue: Construction of exterior alterations. o 333 University Avenue: Request for construction of exterior alterations on a second- story addition greater than 100 feet. ADJOURNMENT The meeting adjourned at 9:16 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the October 27, 2021 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin C:\windows\TEMP\tmp99CC.tmp This Page Intentionally Left Blank

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA OCTOBER 27, 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/83131632149?pwd=ZDJpVUJESENCdkZjUHpONkdqejc1QT09. Passcode: 059602. 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 27, 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 October 13, 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 Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence and Driveway Gate Located Within the Required Front Yard Setback on Property Zoned HR-1. Located at 100 Alerche Drive. APN 567-18-069. Property Owner/Applicant/Appellant: Anirudh Chauhan. Project Planner: Ryan Safty. 3. Requesting Approval for a Variance from the Town Code for the Height of an Accessory Structure and Length of Driveway, and an Exception to the Hillside Development Standards and Guidelines for the Setbacks of an Accessory Structure on Property Zoned R-1:10. Located at 56 Kimble Avenue. APN 529-33-035. Variance Application V-20- 002. Property Owner: Peter Lisherness and Kim Nguyen. Applicant: Jay Plett. Project Planner: Jocelyn Shoopman. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 4. Review and Discuss the Commercial Cannabis Presentation Provided by the Town Attorney. Page 3 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 4

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