Planning Commission
Regular MeetingLos Gatos, CA · October 27, 2021
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
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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.
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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.
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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.
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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
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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.
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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.
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