Planning Commission
Regular MeetingLos Gatos, CA · September 28, 2022
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
SEPTEMBER 28, 2022
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, September 28, 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 Kathryn Janoff,
Commissioner Steve Raspe, Commissioner Reza Tavana, and Commissioner Emily Thomas
Absent: Commissioner Kylie Clark
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – September 14, 2022
MOTION: Motion by Commissioner Tavana to approve adoption of the Consent
Calendar. Seconded by Commissioner Raspe.
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 SEPTEMBER 28, 2022
PUBLIC HEARINGS
2. 15602 Benedict Lane
Architecture and Site Application S-21-036
APN 424-22-008
Applicant: Azadeh Masrour
Property Owner: Alireza Mirbagheri and Shadi Zomorrodi
Project Planner: Jocelyn Shoopman
Requesting approval for demolition of existing single-family residence and construction
of a new single-family residence on property zoned R-1:8.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Commissioner Thomas indicated that she would recuse herself from the public hearing for
15602 Benedict Lane because of the proximity of the subject property to her residence.
Opened Public Comment.
Alireza Mirbagheri, Property Owner
- We moved to Los Gatos a year-and-a-half ago, are very happy here, and hope to retire
here. We believe our design proposal provides a good transition between the two homes
next to us, one of which is a contemporary design and the other a modern design. Our
design is a minimalistic contemporary style that we think fits the neighborhood very well.
We considered the comments from the consulting architect regarding the entry, which now
is the same height as the neighbors, and have added metal overhang on the garage,
complied with the recommended window types, and complied with increasing all the
overhangs on the roofs. We propose a two-inch recess on the windows to provide a good
compromise to the requested six-inch recess. We did not add the recommended window
next to the entry. We have not complied with the recommendation to carry the same
material all around the house, because we believe what we have now meets the design
guidelines. Slightly beyond the immediate neighborhood there are many homes that have
similar designs to what we are proposing. We put a lot of effort into neighborhood
outreach and tried to speak to every single one of our neighbors in the immediate
neighborhood as defined by the design guidelines, and beyond, and were pleased that all
our neighbors support our proposed plan.
Alireza Mirbagheri, Property Owner
- We want to emphasize again our effort to stay within the design guidelines to ensure the
design fits well with the neighborhood. We hope the Planning Commission will consider
our efforts and the feedback we have received from the neighbors.
Closed Public Comment.
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 28, 2022
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to approve an Architecture and Site
Application for 15602 Benedict Lane, with three changes: 1) Reduce
height of front door to 8 feet; 2) Carry wood design feature above front
entry into the rear of the structure; and 3) Place the metal overhang
design feature higher above the garage door, or reduce the height of the
flat roof garage, or revise the flat roof form to an angled roof form.
Seconded by Commissioner Janoff.
Commissioners discussed the matter.
VOTE: Motion passed 3-2 with Vice Chair Barnett and Commissioner Tavana
dissenting.
Commissioner Thomas returned to the meeting.
3. Amendments to Zoning Regulations of the Town Code
Town Code Amendment Application A-22-002
Location: Townwide
Applicant: Town of Los Gatos
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
permanent regulations to comply with the requirements of Senate Bill (SB) 9.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
Lee Quintana
- My most important question has to do with the fact that the ordinance contains a provision
that once a lot split has occurred that the construction on the lot can be processed as a
discretionary project, but the bill says that objective standards must be used when
implementing SB 9, which covers both the urban lot split and two-unit housing
developments by only requiring the lot split to be objective, or building up to four units on
a parcel that is not a lot split, but once the lot split has taken place allowing the resulting
projects to be discretionary isn’t consistent with my understanding of the law.
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 28, 2022
Tony Jeans
- I have a dilemma when clients ask me to consider a lot split on their property and would
like the Commission to consider one change to the draft ordinance. When a client asks me
to do a lot split of 60 percent for them to live on and 40 percent to sell the existing
ordinance requires me to have a 20-foot wide access to the back lot that is not considered
part of that back 40 percent lot, resulting in the back lot being very small deducting the
square footage in the access. This is not a property that should be created and have
houses designed for it and is a disaster waiting to happen. I urge the Planning Commission
to change the draft ordinance to the way every other jurisdiction has it, which is the lot is
split 60/40 and an easement to the back lot is allowed. SB 9 requires the Town to give
either street frontage for the property or provide a means of access to the street, which
other jurisdictions have interpreted to mean an easement, the width of which only needs
to be wide enough for a fire truck to access the back lot. The 20-foot width requirement is
in the current Town Code, making for a very difficult situation, because the 20-foot width
requirement means it is incredibly difficult on most lots to not demolish the house, because
it tends to go closer to the side property lines than 20 feet. The 20-foot minimum driveway
width should be reduced.
David
- The point of this ordinance is to provide orderly rollout of the State law. Tony Jeans
brought up a good example of some of the provisions that don’t make sense, but the
ordinance is attractive enough that some homeowners will divide their lot that way, with
non-optimal results, to follow the letter of the law and get the perceived benefit from the
ministerial process in terms of time and money. It makes sense to provide the fewest
restrictions possible within reason for this rollout of State law, because more restrictions
mean more non-optimal results. Another unintended way this law might fail is lot lines
need to be right angles to the street, which is not practical because not every lot in Los
Gatos can be divided that way because they are irregularly shaped. Implementing any rules
that are impossible for every lot in Los Gatos to follow is a violation of State law. Another
way this law might fail is requiring minimum public frontage of 20 feet on public roads,
because many lots are not on a public road, but on a private road.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Barnett to recommend approval of Staff Report
Exhibit 1, Draft Permanent Ordinance, to Town Council together with the
Planning Commission’s proposed amendments and recommendations.
Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 28, 2022
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Jennifer Armer, Planning Manager
The Housing Element Advisory Board is scheduled to meet October 20, 2022, to review
the Draft Housing Element, which is currently in public review and will go to HCD.
The October 12, 2022 Planning Commission meeting is cancelled due to lack of items.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Raspe
- The HPC met on September 28, 2022, to consider two projects: 1) Removal of a
presumptively historic structure, pre-1941, from the inventory; and 2) Demolition and new
construction in an Historic District.
Housing Element Advisory Board
Chair Hanssen
- The HEAB met September 15, 2022, to receive public comment on the Draft Housing
Element, which is currently in public review and will then go to HCD.
- The HEAB will meet again on October 6, 2022.
ADJOURNMENT
The meeting adjourned at 10:28 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
September 28, 2022 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
SEPTEMBER 28, 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=4bc370fb-3064- 458e-
a11a-78e0c0e5d161&p=0. 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/83660098188?pwd=K05ER2twa2FKWWd5Qnh6UlBOdGl6Zz09.
Passcode: 724840.
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
SEPTEMBER 28, 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 September 14, 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 Demolition of an Existing Single-Family Residence and Construction of
a New Single-Family Residence on Property Zoned R-1:8. Located at 15602 Benedict Lane.
APN 424-22-008. Architecture and Site Application S-21-036. PROPERTY OWNER: Alireza
Mirbagheri and Shadi Zomorrodi. APPLICANT: Azadeh Masrour. PROJECT PLANNER: Jocelyn
Shoopman.
Page 3
3. Consider Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding
Permanent Regulations to Comply with the Requirements of Senate Bill 9. Town Code
Amendment Application A-22-002. Location: Townwide.
Applicant: Town of Los Gatos.
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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