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Planning Commission

Regular Meeting

Los Gatos, CA · February 23, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 23, 2022 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, February 23, 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 PM ROLL CALL Present: Chair Melanie Hanssen, Vice Chair Jeffrey Barnett, Commissioner Kylie Clark, Commissioner Kathryn Janoff, Commissioner Steve Raspe, Commissioner Reza Tavana, and Commissioner Emily Thomas Absent: None. VERBAL COMMUNICATIONS Jeffrey Suzuki - As Planning Commissioners, please support the Draft 2040 General Plan. It needs to be done for our community, because the housing crisis is a threat to the community, working class families, the homeless, and senior residents. While the General Plan is not the ideal solution, we need something that is functional, so please support it. Susan Burnett, 85 Ellenwood - I am concerned about houses coming before the Planning Commission and the Historic Preservation Commission and being taken out of our inventory. We started with 1,300 homes and 270 have already been taken out. We should be adding homes to our list, as many cities do. Now, with SB 9, the committees have to tighten up their views as to what should happen to pre-1940 homes in order keep Los Gatos the way it is. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 23, 2022 Ali - I support the Draft General Plan and am in favor of a push toward affordable housing, the lack of which contributes to homelessness. There is a fair amount of homeless in Los Gatos, and everyone here deserves a roof over their heads. We often destroy historic homes to build mega-homes for the wealthy, but build nothing for workers whose salaries cannot keep pace with the rising costs of housing. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – February 9, 2022 MOTION: Motion by Commissioner Raspe to approve adoption of the Consent Calendar. Seconded by Commissioner Clark. VOTE: Motion passed unanimously. PUBLIC HEARINGS 2. 16509 Bonnie Lane APN 532-42-013 Property Owner/Applicant/Appellant: Pamela Kee 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 located within the required front yard setback on property zoned R-1:8. Commissioner Barnett announced that he would recuse himself from participating in the public hearing for 16509 Bonnie Lane due to a conflict of interest based on the proximity of his residence to the subject property. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Pamela Kee, Owner/Applicant/Appellant - Last summer the Town engineer asked me to stop construction of the fence, so the fence is not complete. This is my daughter’s project. We have spoken with the neighbors and tried to be mindful of the community. In particular, we want to add lighting to our very dark street as part of the proposal. PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 23, 2022 Alexandra Kerlee - I am the daughter of 16509 Bonnie Lane’s owner. We are seeking a fence over three feet because of the headlights from the driveway up the hill. When residents from the three homes drive down the hill their headlights shine directly into our home, including my bedroom, and five feet is the minimum fence height to block the majority of that light. We were unaware of the 2019 three-foot height limit when we built the fence last summer and stopped construction after speaking to the Town and applied for an exception. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Raspe to Deny an Appeal of a Community Development Director Decision to Deny a Fence Height Exception for 16509 Bonnie Lane. Seconded by Commissioner Thomas. VOTE: Motion passed 5-1-1 with Commissioner Tavana dissenting and Vice Chair Barnett recused. OTHER BUSINESS None. REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  An introductory community meeting regarding objective standards was held on February 22nd. Feedback was given that will be used in preparing a draft document with objective standards for multifamily and mixed-use development, which will go back to the community for additional input, then to the Planning Commission for a recommendation, and then to Town Council for final action. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Housing Element Advisory Board Chair Hanssen - HEAB held its third meeting on February 17th and discussed the process for selecting sites that could be used to achieve the Town’s RHNA numbers. Staff is using a Housing Element Site Selection tool that helps to map out potential housing, and a Balancing Act tool, which the public can utilize, that is used in determining sites. The Balancing Act tool will be introduced to the public at a community meeting at the end of March. Historic Preservation Committee Commissioner Clark/Commissioner Raspe - HPC met on February 23rd and considered four items. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 23, 2022 o Recommended alterations to an existing property. o Denied a request to remove an historic property from the inventory. o Approved a request to remove an historic property from the inventory. o A preliminary review for a technical demolition of an historic property. - A member of the public expressed concern regarding the historic housing inventory losses the Town has sustained over time, finding affordable housing, and how development would impact the preservation of the Town’s historic inventory. Commission Matters Chair Hanssen - Asked staff for an update on the Draft General Plan. Staff responded the current tentative date is March 23, 2022 for the Planning Commission to begin review of the Draft General Plan. ADJOURNMENT The meeting adjourned at 8:08 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the February 23, 2022 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA FEBRUARY 23, 2022 110 EAST MAIN STREET LOS GATOS, CA Melanie Hanssen, Chair Jeffrey Barnett, Vice Chair Kylie Clark, Commissioner Kathryn Janoff, 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: www.LosGatosCA.gov/TownYouTube 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/82467567047?pwd=b2I4Nkc0amttN05MeDlRZWNodWxYQT09. Passcode: 977816. 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 MELANIE HANSSEN, VICE CHAIR JEFFERY BARNETT, COMMISSIONER KYLIE CLARK, COMMISSIONER KATHRYN JANOFF, COMMISSIONER STEVEN RASPE, COMMISSIONER REZA TAVANA, AND COMMISSIONER EMILY THOMAS. All votes during the teleconferencing session will be conducted by roll call vote. Page 2 TOWN OF LOS GATOS PLANNING COMMISSION AGENDA FEBRUARY 23, 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. MEETING CALL 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 February 9, 2022 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 Located Within the Required Front Yard Setback on Property Zoned R-1:8. Located at 16509 Bonnie Lane. APN 532-42-013. Property Owner/Applicant/Appellant: Pamela Kee. Project Planner: Ryan Safty. Page 3 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 4

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