Planning Commission
Regular MeetingLos Gatos, CA · November 10, 2021
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
NOVEMBER 10, 2021
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, November 10, 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 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
Planning Commissioners paid tribute to former Planning Commissioner Tom O'Donnell who
passed away recently.
Chuck Hammers
- Tom O'Donnell spent decades serving Los Gatos in the school district and on the Planning
Commission and was very thoughtful, asked good questions, and was much appreciated.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – October 27, 2021
2. 300 Marchmont Drive
Conditional Use Permit Application U-12-002
APNs 532-10-01 and 532-11-011
Applicant/Property Owner: Mark Silver/Hillbrook School
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 10, 2021
Project Planner: Jocelyn Shoopman
Annual review of an approved Conditional Use Permit for an existing private school
(Hillbrook School) on property zoned HR-1.
Commissioner Barnett indicated that he would recuse himself from voting on Item 2 of the
Consent Calendar based on the proximity of his home to Hillbrook School.
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar with additional language to the minutes of October 12, 2021 to
clarify the Planning Commission’s reasons for approving a fence height
exception for 100 Alerche Drive. Seconded by Commissioner Tavana.
VOTE: Motion passed unanimously with Commissioner Barnett recused for
Item 2.
PUBLIC HEARINGS
3. 103 Tait Avenue
APN 510-18-038
Applicant/Appellant: Kristi Ballou
Property Owner: Ballou Ventures LLC
Project Planner: Sean Mullin
Consider an appeal of a Community Development Director decision to deny a Fence
Height Exception Request for construction of a six-foot tall vehicular gate and fencing
within the required street-side setbacks, traffic view area, and driveway view area; and
construction of a vehicular gate with reduced setbacks on property located in the
Almond Grove Historic District zoned R-1D:LHP.
Vice Chair Burch disclosed that she would recuse herself from participating in the public
hearing for 103 Tait Avenue for professional reasons.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Michael Ballou, Co-Owner/Appellant
- Our home is in a very public location on a very busy street/corner, and is on a small 6,300-
square foot lot, so with the setbacks this leaves a very small backyard. The requested six-
foot fence would allow some amount of useable backyard as well as visual privacy for the
back porch, stairs to our ADU, and backyard, which are all close to the sidewalk. The fence
would also provide security as we have had instances of people walking onto our property.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 10, 2021
There are several houses in the neighborhood that have six-foot fences similar to our
requested fence.
Ali Miano
- I live across the street from the subject site on Bean Avenue. There is only one driveway in
the neighborhood with a gate, so the applicant’s requested gate is not in-keeping with the
character of the Almond Grove. The former owner of 103 Tait would allow me to access her
driveway when I needed to do a three-point turn to back my car into my own driveway.
Houses in the neighborhood with six-foot fences do not block the driveways as the
requested fence would.
Michael Ballou, Co-Owner/Appellant
- Based on the fences we have seen around the neighborhood, my wife and I believe that
what we seek to do on a small portion of our lot is not a burdensome request. The front of
the house and two-thirds of the side of the house would have a three-foot fence and only
the back yard portion would have the requested six-foot fence. We don’t believe our
request differs much from locations in the downtown.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to grant an appeal of a Community
Development Director’s decision to deny a fence height exception for
construction of a six-foot vehicular gate and fencing within the required
street setbacks for 103 Tait Avenue. Granting of the appeal is limited to
allowing construction of a six-foot tall fence in a reduced area in the
required street-side setbacks and traffic view area, and construction of a
vehicular gate and fencing to be located to satisfy the safety concerns of
the Town. Seconded by Commissioner Tavana.
Commissioners discussed the matter.
VOTE: Motion passed unanimously with Commissioner Burch recused for Item
3.
Vice Chair Burch rejoined the meeting.
4. 636 Blossom Hill Road
Conditional Use Permit Application U-21-016
APNs 529-16-047 and 529-16-054
Applicant: Greg Endom, Beverages and More, Inc.
Property Owner: Blossom Hill Pavilion LP
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 10, 2021
Project Planner: Erin Walters
Requesting approval of a Conditional Use Permit to allow a formula retail business with
alcohol sales and tasting, and including 24-hour delivery (BevMo!) on property zoned
CH.
Commissioner Barnett disclosed that he is acquainted with David Yee who has
correspondence with staff in the packet, but he could make a fair and objective decision on
the matter regardless of that acquaintance.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Greg Endom, Applicant
- BevMo! has been around for 25 years and has set the gold standard for being an alcohol
retailer. We differentiate ourselves from a typical “liquor store” by hiring only people over
21; do not sell lottery tickets, magazines, newspapers, pornography, or anything that would
encourage loitering; and limit access to the store to anyone under 21. Law enforcement,
including Los Gatos’ Police Department, is very comfortable with our operations because of
our high standards. A large percentage of Los Gatos residents visit our Camden store
outside the Town. We propose no exterior changes to the building other than a short
screen wall for the shopping carts. In addition to the usual wine, beers, and spirits we have
recently expanded our goods to include food, toiletries, household goods, OTC medicines,
and even rapid COVID tests. We recently merged with GoBrands who have 30-minute
deliveries accomplished by having a very strict controlled delivery area, so we limit our
orders for a particular store to a 13-minute drive time to ensure we can also honor that 30-
minute commitment. Delivery drivers undergo the same training and certification as store
employees. We have contacted all residents and commercial property owners adjacent to
the site via letter and sent out mailings required by the state for new licenses to all
residents in the area, and no objections were received.
Greg Endom, Applicant
- I am pleased with the community support shown for the proposed location, the letters of
support, as well as the signatures of Town residents on the petition. I ask for the Planning
Commission’s approval.
Closed Public Comment.
Commissioners discussed the matter.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 10, 2021
MOTION: Motion by Commissioner Hanssen to approve a Conditional Use Permit
for 636 Blossom Hill Road with revised condition received in Addendum
Report. Seconded by Vice Chair Burch.
VOTE: Motion passed unanimously.
OTHER BUSINESS
5. Review the Draft Updated Traffic Impact Policy and provide feedback.
Ying Smith, Transportation and Mobility Manager, presented the staff report.
Commissioners discussed the matter.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
The 17200 Los Robles Way application for a lot line adjustment was appealed to the
Town Council who continued the item to December 7, 2021.
The Town Council will hold a Study Session on the General Plan on December 7, 2021, at
5:30 p.m. before the normal Town Council meeting.
Jennifer Armer has been promoted to Planning Manager.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 9:35 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
November 10, 2021 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
NOVEMBER 10, 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 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/88158124391?pwd=STl0RmxCejZXeTFNeHJsUFRTY2g0QT09.
Passcode: 633705.
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
NOVEMBER 10, 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 October 27, 2021 Planning Commission Meeting
2. Annual Review of an Approved Conditional Use Permit for an Existing Private School
(Hillbrook School) on Property Zoned HR-1. Located at 300 Marchmont Drive. APNs
532-10-01 and 532-11-011. Conditional Use Permit Application U-12-002.
Applicant/Property Owner: Mark Silver/Hillbrook School. Project Planner: Jocelyn
Shoopman.
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.)
3. Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of a Six-Foot Tall Vehicular Gate and Fencing
within the Required Street-Side Setbacks, Traffic View Area, and Driveway View Area;
and Construction of a Vehicular Gate with Reduced Setbacks on Property Located in the
Almond Grove Historic District Zoned R-1D:LHP. Located at 103 Tait Avenue. APN 510-
18-038. PROPERTY OWNER: Ballou Ventures LLC. APPLICANT/APPELLANT: Kristi Ballou.
PROJECT PLANNER: Sean Mullin.
4. Requesting Approval of a Conditional Use Permit to Allow a Formula Retail Business with
Alcohol Sales and Tasting, and Including 24-hour Delivery (BevMo!) on Property Zoned
CH. Located at 636 Blossom Hill Road. APN 529-16-047 and 529-16-054. Conditional
Use Permit U-21-016. PROPERTY OWNER: Blossom Hill Pavilion LP. APPLICANT: Greg
Endom, Beverages and More, Inc. PROJECT PLANNER: Erin Walters.
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OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
5. Review the Draft Updated Traffic Impact Policy and Provide Feedback.
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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