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Planning Commission

Regular Meeting

Los Gatos, CA · May 11, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING MAY 11, 2022 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, May 11, 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, and Commissioner Reza Tavana Absent: Commissioner Steve Raspe, Commissioner Emily Thomas VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – April 25, 2022 Planning Commission Special Meeting 2. Approval of Minutes – April 27, 2022 Planning Commission Meeting MOTION: Motion by Commissioner Clark to approve adoption of the Consent Calendar. Seconded by Commissioner Tavana. VOTE: Motion passed unanimously. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MAY 11, 2022 PUBLIC HEARINGS 3. 14741 Blossom Hill Road Fence Height Exception Application FHE-22-003 APN 527-41-047 Property Owner/Applicant/Appellant: Alexandra Mims Project Planner: Ryan Safty Consider an Appeal of a Community Development Director Decision to deny a fence height exception request for construction of a five-foot, nine-inch fence located within the required front yard setback on property zoned R-1:10. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Alexandra Mims (Property Owner/Applicant/Appellant) - This fence has been in place for over two years. At the time we had the fence built, just a few months after the new Fence Ordinance had passed, we asked the fence company and an inspector for the house about the correct setback and they all cleared it. Several houses in the neighborhood have very high fences at the property line. Our fence is set back 15 feet, not at the property line, and is not along the entire frontage. There is a privacy issue along Blossom Hill Road; we have stand-still traffic in front of our house with people staring into our bedrooms. Regent Drive, a community of 40-plus houses, is directly across the street with cars going up and down Regent and coming to the stop sign directly in front of our house, so people look into the windows and headlights shine into the house at night. Reducing the fence height would not help with privacy. We have a fence rather than shrubs or landscaping because we have young children, and it is dangerous for them to have access to Blossom Hill Road. Fence companies have said it would be $2,000 to move the fence 8 feet. Moving the fence would also wipe out the garden area and fruit trees on the other side of the fence. Alexandra Mims (Property Owner/Applicant/Appellant) - Part of the Fence Code specifically calls out the right of residents to install fences to protect their children, and that is part of the reason why we chose a fence and not landscaping. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Janoff to grant the appeal and approve the five-foot, nine-inch fence as currently built, located in the front yard within the required front setback, with an exception to the Fence Ordinance Section 29.40.0320, Item e, Special Circumstance, for the reasons provided. Seconded by Commissioner Clark. VOTE: Motion passed unanimously. PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MAY 11, 2022 4. 16668 Shannon Road Architecture and Site Application S-21-039 APN 532-05-002 Property Owners/Applicants: Peter and Cheri Binkley Project Planner: Erin Walters Requesting Approval for Technical Demolition of an existing single-family residence and construction of a new single-family residence on property zoned R-1:8. Erin Walters, Associate Planner, presented the staff report. Opened Public Comment. Cheri Binkley (Property Owner/Applicant) - We have lived in Los Gatos for 12 years. We love the location of our current lot because of the proximity to work, school, parks, and the downtown reachable by using bikes, scooters, and walking. It is a large lot with a south-facing backyard that allows vegetable gardening and the use of solar energy. Our current home requires a lot work: it needs a new roof; and all the windows are currently single-pane and cracked. Because the stucco goes all the way to the ground more walls will have to be removed than originally hoped. Peter Binkley (Property Owner/Applicant) - We want to have a two-story house that is larger than houses in the immediate neighborhood, but there are many homes of similar size going down Englewood. Sometimes second stories can look imposing, but our second story would be set back significantly from both the front, back, and sides. The setbacks, along with landscaping, should soften the imposing nature. Our home is nestled between two two-story homes, to the right and behind, so our two-story home would not obstruct anything other than a view of another two-story home. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Vice Chair Barnett to approve the Architecture and Site application for 16668 Shannon Road. Seconded by Commissioner Tavana. Commissioner Janoff requested the motion be amended to include clarifying language that the front elevation windows in Exhibit 13 would not have divided lights. The maker of the motion accepted the amendment to the motion. The seconder of the motion accepted the amendment to the motion. VOTE: Motion passed unanimously. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MAY 11, 2022 OTHER BUSINESS None. REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Joel Paulson, Director of Community Development  A community meeting regarding objective standards is scheduled for May 12, 2022 via Zoom.  A Housing Element Advisory Board (HEAB) meeting is scheduled for May 19, 2022 to discuss site inventory selection for the Housing Element. The HEAB will make a recommendation to the Town Council, who will consider the draft site inventory. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Conceptual Development Advisory Committee Vice Chair Barnett - CDAC met May 11, 2022 regarding a request to amend a Planned Development for 300 Mountain Laurel Lane and allow construction of a 6,000 square foot residence where 3,000 square feet is the maximum allowed. The Committee made recommendations and comments. Housing Element Advisory Board Chair Hanssen - HEAB met May 5, 2022 to discuss the site inventory and the ten districts in which new housing could be built. HEAB will meet again on May 19, 2022 to review more details regarding those sites, with the goal of recommending a list of potential sites to go to the Town Council that would satisfy the RHNA allocation plus the required buffer. Commission Matters Commissioner Clark - Encouraged fellow commissioners to use the Balancing Act tool to have an understanding of what community members are seeing when they think about sites, and to provide Commissioner input. Commissioner Clark also encouraged community members to use the tool. ADJOURNMENT The meeting adjourned at 8:15 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the May 11, 2022 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA MAY 11, 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://losgatos-ca.municodemeetings.com/. 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/83836535836?pwd=MlZ6RXdnOVVuTzYzNXBIMFIySVFFUT09. Passcode: 347810. 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 MAY 11, 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 25, 2022 Planning Commission Special Meeting. 2. Draft Minutes of the April 27, 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.) 3. Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Five-Foot, Nine-Inch Fence Located Within the Required Front Yard Setback on Property Zoned R-1:10. Located at 14741 Blossom Hill Road. APN 527-41-047. Property Owner/ Applicant/Appellant: Alexandra Mims. Project Planner: Ryan Safty. Page 3 4. Requesting Approval for Technical Demolition of an Existing Single-Family Residence and Construction of a New Single-Family Residence on Property Zoned R-1:8. Located at 16668 Shannon Road. APN 532-05-002. Architecture and Site Application S-21-039. PROPERTY OWNERS/APPLICANTS: Peter and Cheri Binkley. PROJECT PLANNER: Erin Walters. 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 11:00 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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