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Planning Commission

Regular Meeting

Los Gatos, CA · March 23, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING MARCH 23, 2022 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, March 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 None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – March 9, 2022 MOTION: Motion by Commissioner Tavana to approve adoption of the Consent Calendar. Seconded by Commissioner Raspe. VOTE: Motion passed 6-0-1 with Vice Chair Barnett abstaining. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 23, 2022 PUBLIC HEARINGS 2. 9 and 11 Montebello Way Architecture and Site Application S-22-010 APN 529-01-006 Applicant: Montebello Market, LLC Property Owner: Los Gatos Investments, LLC Project Planner: Ryan Safty Requesting Approval for Construction of a Roof Sign on Property Zoned C-2:LHP. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Jim Foley (Applicant) - The sign is appropriate for reasons stated in the letter and outlined by Ryan, and we request Planning Commission approval. The sign is unique, compatible, tasteful, and will identify the great amenity we are bringing to Los Gatos. We plan to open Montebello Market in three or four weeks, just enough time to install the sign. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Vice Chair Barnett to approve an Architecture and Site application for construction of a roof sign for 9 and 11 Montebello Way. Seconded by Commissioner Tavana. Vice Chair Barnett requested the motion be amended to include the required finding that a wall sign or suspended sign is not feasible for the reasons set forth in Exhibit 2. The seconder of the motion accepted the amendment to the motion. VOTE: Motion passed unanimously. 3. Public Hearing to Consider Amendments to Chapter 29 (Zoning Regulations – Tree Protection) of the Town Code. Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. PAGE 3 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 23, 2022 Dr. Weissman - Staff’s revisions have long been needed and I commend Town Attorney Schultz for a job well done. One area still of concern regards removed versus damaged. I suggest the Planning Commission approve this draft as is with Mr. Schultz’s add-ons and send it to the Town Council, with the Planning Commission’s requested changes and some of the inconsistencies being fixed between now and when this issue comes before the Town Council. This way, Mr. Schultz, who knows this ordinance well, but will be leaving his position as Town Attorney in May, would still be with the Town when Council takes up the draft in April. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Janoff to adopt the amendments to Chapter 29 (Zoning Regulations – Tree Protection) of the Town Code, including changes recommended at this hearing with respect to penalties and other clarifications as noted in the record. Seconded by Commissioner Thomas. Commissioners discussed the matter. VOTE: Motion passed unanimously. OTHER BUSINESS REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING MANAGER Jennifer Armer, Planning Manager  With respect to the Draft 2040 General Plan update, the Final EIR will be published online on March 24, 2022. The Draft 2040 General Plan and EIR will go to the Planning Commission on April 13, 2022, for consideration. Staff will provide a list of documents for the Commissioners to review prior to the meeting. Joel Paulson, Director of Community Development  A Community Meeting will be held on March 31, 2022, showcasing the online Balancing Act tool, which the public can use to help the Town select sites for the sites inventory process that is part of the Housing Element. The information gathered from the public will be brought before the Housing Element Advisory Board at its April 21, 2022, meeting. PAGE 4 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 23, 2022 SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Raspe - HPC met on March 23, 2022, to consider seven matters: two requests to be removed from the inventory, one ground-up construction, and four requests for additions and changes. - A member of the public encouraged Town staff to evaluate the impact of historic preservation districts and ordinances on SB 9 to see if it may impact Los Gatos’ implementation of SB 9. Historic Preservation Committee Commissioner Clark - At the March 23, 2022 meeting, a proposal to change window trim materials came forward because a new material called fiberglass-clad wood has become available. HPC will further discuss what it wants permitted in terms of materials, with more information on the specs of those materials, and with a possible in-person meeting to look at them. Commission Matters Chair Hanssen - She and Commissioner Clark attended the Planning Commission’s Academy in San Ramon last week and networked with planning commissioners from San Jose, Campbell, and other state jurisdictions. - The important takeaway is to be very afraid of what is going on in Sacramento because there are hundreds of housing laws coming, all driven by the desperation of the State government to see additional housing built. It is critically important that Los Gatos do everything possible to ensure it make its RHINA numbers so the Town does not lose local control over how it builds housing. - The Academy also had a session on SB 9 and said historic properties need not be subject to SB 9, but did say jurisdictions could always make it easier than the law states. Commissioner Clark - She attended the Planning Commission Academy with Chair Hanssen and did valuable in- person networking with other commissioners and staff from California. - She attended sessions on: Planning Commission 101; Intro to CEQA; SB 9; Advanced CEQA; Streamlined Housing Laws; How to Prepare Findings and Conditions of Approval; City Finance and Upcoming Legislation; and two keynote sessions. - Her main takeaway is the problems Los Gatos is facing are universal, with all other jurisdictions having the same struggles and asking the same questions, which demonstrates the value of talking to other communities. PAGE 5 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 23, 2022 ADJOURNMENT The meeting adjourned at 8:33 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the March 23, 2022, meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA MARCH 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=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/87364455550?pwd=cE8yeCtyY1R5M1lPUlRtWGM0bTQ5Zz09 Passcode: 215047. 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 MARCH 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; and · 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 March 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. Requesting Approval for Construction of a Roof Sign on Property Zoned C-2:LHP. Located at 9 and 11 Montebello Way. APN 529-01-006. Architectural and Site Application S-22-010. Property Owner: Los Gatos Investments, LLC. Applicant: Montebello Market, LLC. Project Planner: Ryan Safty. Page 3 3. Public Hearing to Consider Amendments to Chapter 29 (Zoning Regulations – Tree Protection) of the Town Code. 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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