Planning Commission
Regular MeetingLos Gatos, CA · March 9, 2022
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
MARCH 9, 2022
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, March 9, 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 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
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – February 23, 2022
MOTION: Motion by Commissioner Raspe 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
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MINUTES OF PLANNING COMMISSION MEETING OF MARCH 9, 2022
PUBLIC HEARINGS
2. 289 Marchmont Drive
APN 532-10-019
Applicant: David Britt
Appellants: Mark Jamieson and Don Woodward
Property Owner: Durgaprasad Shamain
Project Planner: Jocelyn Shoopman
Consider an Appeal of a Community Development Director Decision to Approve
Construction of a Second Story Addition to an Existing Single-Family Residence on
Property Zoned R-1:10.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Vice Chair Barnett indicated he would recuse himself from the public hearing regarding 289
Marchmont Drive due to the proximity of his residence to the subject site.
Opened Public Comment.
Mark Jamieson (Appellant)
- The appeal was made in conjunction with our neighbors at 293 Marchmont, Jihun Choi and
Naree Yoon. The proposed 1,320-foot second-story addition is not in character with the
neighborhood; it is too large, with an FAR that is 20 percent more than any other
residence. The applicant’s foundation is three feet higher than ours, making the proposed
structure appear taller than 28 feet. Of the 25 houses in the subdivision, only five are two-
story homes.
Jihun Choi (Appellant)
- I conducted a shadow study based on the owner’s information and found that our solar
access would be impacted by the proposed second story. There is also a tree impacting our
solar and I hope the property owner can cut it down to get some sun. I believe the cost of
the impact will be over 10 percent, due to the impact on our solar energy. We will also be
directly impacted by one of the windows on the second story addition.
Janhavi Gudal (Applicant/Owner)
- We plan to add a second floor to our home because our family has grown to three children.
The appellants are concerned that additional bathrooms would not be in alignment with
California water conservation, but our house occupancy would stay the same and we plan
to install water-conserving fixtures. We are not increasing the house’s footprint in order to
preserve trees, outdoor spaces, and our long driveway. The appellants are concerned about
construction vehicle parking and noise that is inherent to any construction. Our long
driveway will be used for construction vehicle parking, and a contractor will follow Los
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MINUTES OF PLANNING COMMISSION MEETING OF MARCH 9, 2022
Gatos ordinances regarding construction timing and noise. We are asking for no exceptions
or variances. We have followed all the Town Consulting Architect’s recommendations. We
have conducted neighborhood outreach door to door and through emails and have
received positive feedback. We met with the appellants after the appeal was filed with the
Town and appellant Woodward viewed our evergreen trees that provide screening and
agreed that there would be no privacy issues. There is 130 feet between the appellant’s
second story bedroom windows and our bedroom windows on the proposed addition.
David Britt of Britt/Rowe (Applicant/Architect)
- I designed the project within the Municipal Code as well as the Los Gatos Residential
Design Guidelines, worked closely with Town staff to ensure the project was compatible
with the neighborhood, and adopted all the Town Consulting Architect’s recommendations.
I commend my client for working so closely with the neighbors and received comments
that there would be no issues.
Mark Jamieson (Appellant)
- We have meet with the applicants several times to discuss the issues and have gotten
nowhere, as the applicants are unwilling to change their plans. What I really object to is
demolishing some of the first-floor square footage to increase the second story square
footage. Five bedrooms and six-and-a-half bathrooms seem excessive. Changes I’ve come
up with include: decreasing the second floor ceilings to eight feet; decreasing the roof
slope; increasing the second story setback on the 293 Marchmont side; or building an
addition on the front of the house that would not affect 293 Marchmont’s solar. We are
also concerned about traffic safety for pedestrians walking by the school, as I don’t believe
the applicants would keep their word to not have construction vehicles parked on the
street. This is a large project, not just an addition, but basically remodeling the whole
house.
Jihun Choi (Appellant)
- We have two groups of windows facing the applicant’s wall. One is a bathroom that is
impacted by shadows in the late afternoon, and the other is a powder room window closer
to the wall, which is a source of sunshine, so that is a big concern. Solar is our biggest
concern, because we rely on it, and I have an electric vehicle, so the project would
definitely make some trouble for us.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment.
Commissioners asked questions of the applicant.
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MINUTES OF PLANNING COMMISSION MEETING OF MARCH 9, 2022
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to deny an appeal of a Community
Development Director decision to approve construction of a second story
addition to an existing single-family residence at 289 Marchmont Drive,
with conditions that: 1) the overall building structure be reduced by two
feet by imposition of eight-foot second floor ceiling heights and a 4:12
roof pitch on the second story; and 2) the Town imposes conditions
regarding appropriate traffic measures during school hours. Seconded by
Commissioner Clark.
VOTE: Motion passed unanimously.
OTHER BUSINESS
None.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
The Town Council held a retreat on March 5, 2022.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Vice Chair Barnett
- The CDAC met March 9, 2022, to discuss a proposal for mixed-use development in Phase 2
of the North Forty Specific Plan. Items discussed included: a percentage of below-market
housing; public outreach requirements; a mix of residential, commercial, and retail;
building heights; and density.
Commissioner Janoff
- Attended her first CDAC meeting on March 9, 2022, and was impressed that the input from
the community was in 100 percent agreement that more below-market affordable housing
is needed.
Commission Matters
Chair Hanssen
- Thanked West Valley Community Services for holding a session on the Housing Element
and hoped they could continue doing that as the Housing Element process moves forward.
Commissioner Thomas
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MINUTES OF PLANNING COMMISSION MEETING OF MARCH 9, 2022
- Spoke at the Youth Commission meeting on March 8, 2022, in her capacity as a teacher and
told the Commission about the Balancing Act, the community tool available soon that will
bring information from the community to the Housing Element Advisory Board.
ADJOURNMENT
The meeting adjourned at 8:35 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
March 9, 2022, meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
MARCH 09, 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]
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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=ed97530d-9c22-
4c95-961a-4d6a2c43b619&p=1. 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/84743869016?pwd=ZkVLOERnQ0RVZzc5Qng2eHhrY2cyQT09.
Passcode: 496531.
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.
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TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
MARCH 09, 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 23, 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 Approve
Construction of a Second Story Addition to an Existing Single-Family Residence on
Property Zoned R-1:10. APN 532-10-019. Located at 289 Marchmont Drive. Property
Owner: Durgaprasad Shamain. Applicant: David Britt. Appellants: Mark Jamieson and
Don Woodward. Project Planner: Jocelyn Shoopman.
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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.
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