Planning Commission
Regular MeetingLos Gatos, CA · March 23, 2022
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
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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.
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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.
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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.
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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]
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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/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.
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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.
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