Planning Commission
Regular MeetingLos Gatos, CA · April 27, 2022
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
APRIL 27, 2022
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, April 27, 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, and Commissioner Emily Thomas
Absent: Commissioner Reza Tavana
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – April 13, 2022
MOTION: Motion by Vice Chair Barnett 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 APRIL 27, 2022
PUBLIC HEARINGS
2. 280 Carlton Avenue
Minor Residential Development Application MR-22-002
APN 424-16-067
Applicant: Shlomi Caspi
Property Owners: Rada and Mihailo Despotovic
Project Planner: Savannah Van Akin and Ryan Safty
Requesting approval for construction of a second-story addition to an existing single-
family residence on property zoned R-1:8.
Savannah Van Akin, Assistant Planner, presented the staff report.
Opened Public Comment.
Mihailo Despotovic, Property Owner
- Our family of four has lived at 280 Carlton for 11 years. We are quiet and excellent
neighbors and are truly vested in our neighborhood. We plan to live in our home at least
until our children leave home. Our remodel goal is to add two bedrooms and a bathroom
for our children on the second floor. We are building up because our lot is very small, and
our backyard is already used for our kids’ activities. Neighborhood privacy is very important
to us. Our roof is as low as possible to be functional, 6 feet lower than required. We would
be adding only a partial second floor with as little as possible added square footage. Our
remodel does not expand toward any neighbors, and we are actually retracting some of our
second floor walls. We have met many times with Town planners, the Town arborist, and
have tried communicating in person with neighbors multiple times.
Sasha Shkolnik, 235 Carlester Drive
- I live behind the subject site. The applicants did talk to us in person in the beginning and
provided plans. The applicant’s architect was our architect as well, so I trusted the
applicants because I know how creative he is. When the story poles went up I was shocked,
because as proposed two large windows would look into my bedroom, my children’s
bedroom, and our back yard. I support the applicant’s second story, but privacy is my
biggest concern. The applicant has suggested we plant trees for screening, but it would
take several years for them to grow and their health cannot be ensured. Although the
applicants have proposed a fence, it could not be tall enough to provide privacy. My
proposal is the applicants use the existing windows they already have on the side as egress
windows and get light from skylights or windows that are 5-6 feet above the floor.
Mihailo Despotovic, Property Owner
- With respect to privacy, there are no code violations, but we are willing to be open. We
want everyone to be happy with the outcome. There are three two-story homes very close
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
to our house, one across the street. There are 20 two-story houses in the neighborhood
and none have visible privacy measures such as weird windows, nothing raised, and no
screening trees. The Town arborist has suggested industry-standard privacy trees that grow
2-3 feet per year to over 30 feet tall, and are evergreen and opaque year round. I hope we
can find a compromise that would not completely destroy our plans and that will also make
the neighbors happy.
Shlomi Caspi, Architect/Applicant
- Between the two bedrooms upstairs, one already has the egress window, which is the
larger of the two windows facing the side patio area. Yes, we can switch between the
windows, but it will end up with a situation where the bigger window is actually closer,
because it will be only 8 feet from the property line, but while facing the back it is
approximately 25 feet from the property line.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to approve a Minor Residential
Development Application for 280 Carlton Avenue, with the requirement
that the applicant plant trees along the rear property line as designated
by the Town arborist. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
OTHER BUSINESS:
3. Draft Proposed Capital Improvement Program Budget for Fiscal Years 2022/23 –
2026/27.
WooJae Kim, Town Engineer, presented the staff report.
Opened Public Comment.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to recommend approval of the Capital
Improvement Program Budget as presented to the Town Council.
Seconded by Commissioner Thomas.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
VOTE: Motion passed unanimously.
4. Review and make recommendations on the Draft 2040 General Plan and Final
Environmental Impact Report to the Town Council. Continued from the April 25, 2022
Special Meeting.
Jennifer Armer, Planning Manager, presented the staff report.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend the changes in the
Land Use Element outlined in Exhibit 7 as Items 21, 33, 34, and 40 (as an
implementation program). Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to remove housing from the Office and
Service Commercial designations.
Commissioners discussed the matter.
Seconded by Commissioner Clark.
Commissioners discussed the matter.
Commissioner Janoff amended the motion to include considering reducing the maximum
allowed density in the Low Density Residential and Medium Density Residential designations
to a number that still supports missing middle housing, but lowers the numbers.
Commissioners discussed the matter.
The seconder of the motion accepted the amendment to the motion.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to continue the hearing until 11:30pm.
Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
VOTE: Motion failed 3-3 due to a tie vote with Commissioners Thomas, Raspe,
and Barnett dissenting.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Clark to use Commissioner Janoff’s original
motion, to remove 313 housing units from Office and Service Commercial
designations. Seconded by Commissioner Thomas.
Commissioners discussed the matter.
Commissioner Clark amended the motion to include two additional changes: 1) reverting the
properties in the new Community Commercial designation back to Neighborhood
Commercial, which would have a reduction of 58 units; and 2) reducing the Central Business
District by 67 units.
The seconder of the motion accepted the amendment to the motion.
Commissioners discussed the matter.
Commissioner Clark withdrew the motion.
MOTION: Motion by Chair Hanssen to continue the public hearing regarding Draft
2040 General Plan and Final Environmental Impact Report to a date
certain of May 2, 2022. Seconded by Commissioner Raspe.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 11:35 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 27, 2022 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
AMENDED*
PLANNING COMMISSION AGENDA
APRIL 27, 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/82834920155?pwd=RDBTbmRrdi95MjBPNFpuNnVHS2dBZz09.
Passcode: 882594.
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 JEFFREY 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
AMENDED*
PLANNING COMMISSION AGENDA
APRIL 27, 2022
7:00 PM
MEETING CALL TO ORDER
ROLL CALL
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.
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 April 13, 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 Second-Story Addition to an Existing Single-
Family Residence on Property Zoned R-1:8. Located at 280 Carlton Avenue. APN 424-16-
067. Minor Residential Development Application MR-22-002. Property Owner: Rada and
Mihailo Despotovic. Applicant: Shlomi Caspi. Project Planners: Savannah Van Akin and
Ryan Safty.
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OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
3. Draft Proposed Capital Improvement Program Budget for Fiscal Years 2022/23 - 2026/27.
4. Review and Make Recommendations on the Draft 2040 General Plan and Final
Environmental Impact Report to the Town Council. Continued from the April 25, 2022
Special Meeting.*
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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