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Planning Commission

Regular Meeting

Los Gatos, CA · January 12, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 12, 2022 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, January 12, 2022, 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, Commissioner Jeffrey Barnett, Commissioner Kylie Clark, Commissioner Melanie Hanssen, Commissioner Steve Raspe, 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 – December 8, 2021 MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Thomas. VOTE: Motion passed unanimously. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 PUBLIC HEARINGS 2. 118 Olive Street Architecture and Site Application S-21-013 APN 410-15-022 Property Owners: Thomas and Meredith Reichert Project Planner: Jay Plett, Architect Project Planner: Sean Mullin Requesting approval for demolition of an existing single-family residence and construction of a new single-family residence to exceed floor area ratio (FAR) standards with reduced front and side yard setbacks on nonconforming property zoned R-1D. Sean Mullin, Senior Planner, presented the staff report. Opened Public Comment. Jay Plett, Architect - We designed the house in keeping with the Town’s design guidelines after consulting with staff and the Town’s Consulting Architect. The neighborhood is in transition with young families moving in and homes being enlarged to accommodate them. Our design blends in with the neighborhood with neither the largest floor area or floor area ratio, falls within the average of the four largest homes, and resembles the form and mass of several neighboring homes. Thomas Reichert, Owner - We hope to expand the home to meet our family’s needs, especially in this time of COVID. Our architect has helped us be realistic regarding the home size to fit in the neighborhood, and with feedback from Town staff and neighbors we were able to make meaningful changes to make the design better. Shelli Baker, 120 Olive Street - I own the home next door to the subject site, a 1,500 square foot home that has a good amount of natural light and a beautiful mountain view from the master bedroom. The shadow study shows that from mid-December to June the proposed home would leave my home completely in shadow for most of the day. The requested reduced setback would also bring privacy issues. The proposed home is enormous in an area of tiny lots. Reducing setbacks, putting the proposed house closer to the street, and exceeding the FAR are reasons why I oppose this project. PAGE 3 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 Mark Boskovich, 112 Olive Street - I live a couple of houses down from the subject site. I love the design of the proposed home and believe it would be a beautiful addition to the neighborhood and would raise the value of the all homes on the street. Unorthodox setbacks are the norm in this neighborhood, so the applicant’s requested reduced setbacks does not set a dangerous precedent. The applicants made a huge effort to speak with the neighbors and ensure we are fine with their plans. Bonnie Hurwitz, 121 Olive Street - This is an eclectic neighborhood. Olive Street is quite narrow with permitted parking that alternates between one side and another and to add additional parking outside the scope of the norm would be problematic. I frequently have to park around the corner from my home. The applicants did not contact me in any manner regarding their plans, which is a huge issue. I was shocked at the size of the proposed structure when the story poles went up. Darren Carol - Several people who signed the letter with the eight signatures asked me to relay the fact that their position has not changed; they are just unable to call in. The story pole netting does not depict the true setting of the house to the southeast corner. The architect’s summary and signs on the property say it is an addition, not a new construction, which is confusing and misleading, because the applicants are building new. My main concern is the setback requirements, because there are no circumstances that dictate a setback reduction. Olive Street is the narrowest street with the smallest lots in Los Gatos and the size of the home would eclipse everything around it. Lee Quintana - Because the proposed project is a demolition and not a remodel, as originally stated, wider setbacks are required, and although there can be exceptions made, this project is asking for five exemptions, each of which individually may meet the findings, but cumulatively would have a greater impact, and it is not required that the Planning Commission grant any of the exceptions. The parking exemption might be reasonable because the project would make the garage more conforming, but I question shortening the driveway and the exemption to the FAR. Olive Street is such a cute street because of the small cottages there and it is changing so that it no longer has that character. Leslie Garrison - I own the property on the other side of the fence from Olive Street. The applicant’s proposed plan is tasteful and in line with the neighborhood aesthetics and would yield increased property values for the wider neighborhood. As a parent I relate to the applicant’s desires and constraints and encourage the Planning Commission to reduce barriers to new families being able to buy and stay in the neighborhood rather than create conditions that push them away. PAGE 4 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 Marcus Lam - We recently remodeled our home with Jay Plett as our architect. I agree with Ms. Garrison that this neighborhood is nice, but needs ways to accommodate the changing demographics with growing families in Los Gatos. We had to compromise on our remodel plans because of neighborhood feedback, but hope the applicants will not have to compromise on their plans as well. We support their project. Andrea Galatea - I rent the home next door to the subject site. The applicants did reach out to me. I was drawn to this home because of the character and charm of the small-town feel, the natural light coming through all the windows, and the views. After viewing the story poles, I believe the large proposed house, although nice, belongs on a larger property because it takes away from the feel and quaintness of the neighborhood and would eliminate my views and sunlight. Christie Boskovich - We are very supportive of the applicant’s plan. They are a wonderful family in the community. I support more and more young families moving onto our street. The applicant’s plan is tasteful and thoughtful and matches the neighborhood. Thomas Reichert, Owner - With respect to 120 Olive sunlight issues, the part of our house that would affect the sunlight in their main area is not proposed to change at all, is not getting any closer to the front setback, and the sunlight will not change because the height of the home at that point would not go higher than the current garage. Their view will also not change at all. We are proposing a second story next to their second story in the back. With respect to the parking concerns of 121 Olive Street, a full-size car does fit in the current driveway and that driveway will not change, so both of our cars will be parked onsite. Jay Plett, Architect - A statement was made that the home is 10 feet away and 28 feet tall and that is not accurate. The home is 27 feet tall and the 10-foot setback only pertains at the first floor; the second story has a conforming setback of 15 feet, which is correct in this neighborhood. The perception of small homes in that neighborhood is false because 120 and 546 San Benito Avenue loom over our story poles and by no means would our project be dominant. Closed Public Comment. Commissioners discussed the matter. PAGE 5 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 MOTION: Motion by Commissioner Barnett to continue the public hearing for 118 Olive Street for 30 days or more to allow applicant additional time to connect with neighbors, and that additional elevations be provided. Seconded by Commissioner Hanssen. Community Development Director Paulson suggested the motion be amended to continue the hearing to a date certain of February 9, 2022. The Maker of the Motion accepted the amendment to the motion. The Seconder of the Motion accepted the amendment to the motion. VOTE: Motion passed unanimously. 3. 110 Wood Road Planned Development Application PD-20-001 Environmental Impact Report EIR-21-002 APN 510-47-038 Applicant: Rockwood Pacific Property Owner: Covia Communities Project Planner: Sean Mullin Requesting approval of a Planned Development for construction of a senior living community, removal of large protected trees, and site improvements requiring a grading permit on property zoned R:PD. Sean Mullin, Senior Planner, presented the staff report. Opened Public Comment. Frank Rockwood, Applicant - We propose to rebuild a better Los Gatos Meadows and do not propose to increase the number of units, residents, staff, or to change the use. Our proposal mitigates issues related to parking, fire access, and fire safety and would have larger units and more amenity spaces. We propose only a modest reduction in the number of units and propose to reduce the development pad in several key areas, which taken with the other constraints and goals would entail an increase in massing. This location is well suited for a market rate senior community of this scale. Our plan includes an on-demand self-driving vehicle system to allow residents and staff to not use their cars. We have done neighborhood outreach with open house sessions and have taken all comments into consideration. We plan to conform to the Town’s standards with respect to construction. Visual impacts are less than significant and in character with the hillside area. PAGE 6 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 Julie Southern - I am a neighbor and have attended the open houses at the Meadows. I support the Meadows project, but have concerns. The story poles show more bulk than I anticipated. I am happy to see the use of solar energy, but hope it will not add much to the height. More parking is good for the workers, but will add more traffic. Wood Road gets a lot of pedestrian and bike traffic, adding to the traffic, which would only increase after the project is completed. There is only a sidewalk a few feet up the road and it would be nice to have a sidewalk or street marking where bikes or pedestrians could go safely. I am also concerned with closing off the Broadway exit to neighbors. Richard Konrad - I am the chair of the Los Gatos Community Health and Senior Services Commission. There are a lot of people who want to stay in Los Gatos, but can’t afford to. I urge you to consider affordability going forward. I am also a member of a service committee that is conducting an extensive survey of seniors in Los Gatos, and that data, which might be of use to the Planning Commission, will be available soon. Andy Ghofrani, 121 Wood Road - I live on the hill directly behind the proposed development and my property would have the largest visual impact by the massing. Per the EIR, 85-foot building heights are 35 feet more than the original elevation of 50 feet, a 35-foot reduction of my view of the Town and the east hills. I ask that the building masses be distributed more evenly to reduce the visual impact to my property and the view from my deck, which is all I have for outdoor space as I do not have a yard. The amount of trucks needed to off haul 140,000 cubic yards of dirt would be 14,000 truck trips, meaning approximately 15 trucks per hour over six months. Frank Rockwood, Applicant - With respect to community outreach, we have maintained a project website since 2018 where we post a video summary of our project proposal and update the FAQs on a regular basis, including contact information and links to the Town’s website. We give marketing inquiries once a month and keep track of potential clients. As part of the draft conditions we are obligated to install a sidewalk on Wood Road up to the entrance of our property. Closed Public Comment. Commissioners discussed the matter. Opened Public Comment. Commissioners asked questions of the applicant. Closed Public Comment. PAGE 7 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to recommend denial of a Planned Development Application for 110 Wood Road to the Town Council based on concerns related to building heights, tree removal, lack of diversity in housing types, concentration on luxury housing, without certifying the Final Environmental Impact Report because it is not based on a project that the Planning Commission finds appropriate, and with direction from the Planning Commission. Commissioner Thomas requested the motion be amended to include a comment that the ratio of number of units (fewer than existing) to the overall height and size of the buildings (greater than existing) does not align with the General Plan. Seconded by Commissioner Thomas. Commissioner Hanssen requested the motion be amended to include that items she cited are founded in the General Plan, and even though not strictly applicable, the spirit is for the Hillside Design Standards and Guidelines as well. Commissioner Barnett requested the motion be amended to emphasize to the Town Council where there have been points of agreement by the applicant concerning the valet parking, sidewalks on Wood, and the contribution to the traffic control on Wood Road and Highway 17. The Maker of the Motion accepted the amendments to the motion. The Seconder of the Motion accepted the amendments to the motion. VOTE: Motion passed unanimously. OTHER BUSINESS 4. Election of Chair and Vice Chair MOTION: Motion by Chair Janoff to nominate Commissioner Hanssen for Chair of the Planning Commission. Seconded by Commissioner Clark. VOTE: Motion passed unanimously. PAGE 8 OF 8 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 12, 2022 MOTION: Motion by Chair Hanssen to nominate Commissioner Barnett for Vice Chair of the Planning Commission. Seconded by Commissioner Tavana. VOTE: Motion passed unanimously. Chair Hanssen appointed Commissioner Janoff, Chair Hanssen, and Commissioner Thomas to the General Plan Committee (and therefore also the Housing Element Advisory Board). Chair Hanssen appointed Vice Chair Barnett, Commissioner Tavana, and Commissioner Janoff to the Conceptual Development Advisory Committee. Chair Hanssen appointed Commissioner Raspe and Commissioner Clark to the Historic Preservation Committee. REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  The Town Council will hold a Strategic Priority meeting on January 25, 2022.  The Town Council will consider whether or not it wishes to extend the Urgency Ordinance the Town adopted on December 21, 2021 regarding SB 9.  Associate Planner Sean Mullin has been promoted to Senior Planner.  The Town has a new assistant planner, Savannah Van Akin, who has been interning for the Planning Department.  The Town will be hiring a new associate planner to backfill Mr. Mullin’s position. SUBCOMMITTEE REPORTS/COMMISSION MATTERS None. ADJOURNMENT The meeting adjourned at 10:36 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the January 12, 2022 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA JANUARY 12, 2022 110 EAST MAIN STREET LOS GATOS, CA Kathryn Janoff, Chair Jeffrey Barnett, Commissioner Kylie Clark, Commissioner Melanie Hanssen, Commissioner PARTICIPATION IN THE PUBLIC PROCESS Steven Raspe, 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/89353160928?pwd=WlFkT3o4SnNXTUcyV1c1cHptYTFrUT09. Passcode: 470614. 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, COMMISSIONER BARNETT, COMMISSIONER CLARK, COMMISSIONER HANSSEN, COMMISSIONER RASPE, 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 JANUARY 12, 2022 7:00 PM RULES OF DECORUM AND CIVILITY To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law. The Town does not tolerate disruptive conduct, which includes but is not limited to: Addressing the Planning Commission without first being recognized; Interrupting speakers, Planning Commissioners, or Town staff; Continuing to speak after the allotted time has expired; Failing to Relinquish the microphone when directed to do so; Repetitiously addressing the same subject. Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403. PARTICIPATION To provide oral comments in real-time during the meeting: Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: click this link https://losgatosca- gov.zoom.us/j/89353160928?pwd=WlFkT3o4SnNXTUcyV1c1cHptYTFrUT09. Password: 470614. You can also type in 893 5316 0928 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join. 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. Join by telephone: Dial: 877-402-9753. Conference code: 602463. 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.) Page 3 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 December 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 Demolition of an Existing Single-Family Residence and Construction of a New Single-Family Residence to Exceed Floor Area Ratio (FAR) Standards with Reduced Front and Side Yard Setbacks on Nonconforming Property Zoned R-1D. Located at 118 Olive Street. APN 410-15-022. Architecture and Site Application S-21-013. PROPERTY OWNER: Thomas and Meredith Reichert. APPLICANT: Jay Plett, Architect. 3. Requesting Approval of a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038. Planned Development Application PD-20-001 and Environmental Impact Report EIR-21- 002. APPLICANT: Rockwood Pacific. PROPERTY OWNER: Covia Communities. PROJECT PLANNER: Sean Mullin. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 4. Election of Chair and Vice Chair. 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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