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Planning Commission

Regular Meeting

Los Gatos, CA · January 25, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 25, 2023 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, January 25, 2023, 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 Jeffrey Barnett, Vice Chair Steve Raspe, Commissioner Susan Burnett, Commissioner Kylie Clark, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and Commissioner Emily Thomas Absent: None. VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. 202 University Avenue APN 529-04-001 Variance Application V-22-003 Applicant: Jay Plett, Architect Property Owner: Tyler and Kristine Shewey Project Planner: Sean Mullin Requesting approval for construction of an accessory structure requiring variances to accessory structure lot coverage standards and side and rear setback requirements in the University-Edelen Historic District on property zoned R-1D:LHP. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 25, 2023 Planning Manager Armer reported that additional time was needed for staff to review the applicant’s modifications and bring the application back to the Historic Preservation Committee, and recommended continuing the item to a date certain of March 8, 2023. MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Clark. VOTE: Motion passed unanimously. PUBLIC HEARINGS 2. 300 Mountain Laurel Lane Planned Development Amendment PD-22-001 APN 567-24-023 Applicant: Kunling Wu, Trustee Property Owner: Bright Smile Dental Office Defined Benefit Plan Project Planner: Sean Mullin Requesting approval for modification of Planned Development Ordinance 2172 to increase the maximum residence size allowed on Lot 14 on property zoned HR-5:PD. This request for modification of a Planned Development Ordinance is not considered a project under the California Environmental Quality Act. Commissioner Hanssen recused herself from participating in the public hearing for 300 Mountain Laurel Lane due to the proximity of her residence to the subject site. Sean Mullin, Senior Planner, presented the staff report. Opened Public Comment. Derrick, on behalf of the Kunling Wu, Trustee - We have gone with the staff recommendations to communicate with the HOA and the neighbors. The HOA has given us some feedback regarding future site development and their concerns regarding building a driveway, drainage, etc. According to Mr. Mullin this is not an actual proposal for any kind of development on the site yet, simply a change to the size of what is permitted to be built, similar to Lots 1-13, which is within the HOA neighborhood. I believe we have done our best as a non-commercial entity to meet the Town’s requests. We will be happy to take any further necessary actions. Closed Public Comment. Commissioners discussed the matter. PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 25, 2023 MOTION: Motion by Commissioner Clark to recommend Town Council approval of a Planned Development amendment for 300 Mountain Laurel Lane. Seconded by Commissioner Thomas. Commissioner Thomas requested the motion be amended to include language that the application is exempt from CEQA. The maker of the motion accepted the amendment to the motion. Commissioner Janoff requested the motion be amended to include Exhibit 14. 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 with Commissioner Hanssen recused. Commissioner Hanssen returned to the meeting. OTHER BUSINESS REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Jennifer Armer, Planning Manager • The Town Council held a meeting on January 17, 2023: o Approved the Hazards and Safety Element modifications recommended by the Planning Commission. o Granted the Fence Height Exception Appeal for the project at 755 Blossom Hill Road. • A Special Town Council meeting is scheduled for January 30, 2023 to discuss the Housing Element. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Vice Chair Raspe • HPC met on January 25, 2023 and considered one matter: o Approved the removal of a home from the Historic Inventory. • Planning Commissioner Burnett has been elected HPC vice chair for the coming term. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JANUARY 25, 2023 Commission Matters Chair Barnett • Chair Barnett thanked the Commissioners for their preparation and participation and staff for its hard work. ADJOURNMENT The meeting adjourned at 7:43 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the January 25, 2023 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA JANUARY 25, 2023 110 EAST MAIN STREET LOS GATOS, CA Jeffery Barnett, Chair Steven Raspe, Vice Chair Susan Burnett, Commissioner Kylie Clark, Commissioner PARTICIPATION IN THE PUBLIC PROCESS Melanie Hanssen, Commissioner Kathryn Janoff, 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 TOWN OF LOS GATOS PLANNING COMMISSION MEETING AGENDA JANUARY 25, 2023 TELECONFERENCE LOS GATOS, CA 7:00 PM IMPORTANT NOTICE This is a teleconference meeting and will be held virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube. PARTICIPATION To provide oral comments in real-time during the meeting:  Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatosca-gov.zoom.us/j/81089323258?pwd=Q2xmeEo3QzFnMzdMN3hIVlQvbXhKUT09 Passcode: 662284. You can also type in 810 8932 3258 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join. o 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.  Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100 o If you are participating by calling in, press #2 on your telephone keypad to raise your hand. When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. 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 Planning Commission meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time. If you are unable to participate in real-time, you may email to Planning@losgatosca.gov the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record. REMOTE LOCATION PARTICIPANTS The following Planning Commissioners are listed to permit them to appear electronically or telephonically at the Planning Commission meeting: CHAIR JEFFREY BARNETT, VICE CHAIR STEVEN RASPE, COMMISSIONER SUSAN BURNETT, COMMISSIONER KYLIE CLARK, COMMISSIONER MELANIE HANSSEN, COMMISSIONER KATHRYN JANOFF, 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 JANUARY 25, 2023 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. Requesting Approval for Construction of an Accessory Structure Requiring Variances to Accessory Structure Lot Coverage Standards and Side and Rear Setback Requirements in the University-Edelen Historic District on Property Zoned R-1D:LHP. Located at 202 University Avenue. APN 529-04-001. Variance Application V-22-003. Property Owner: Tyler and Kristine Shewey. Applicant: Jay Plett, Architect. Page 3 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 Modification of Planned Development Ordinance 2172 to Increase the Maximum Residence Size Allowed on Lot 14 on Property Zoned HR-5:PD. Located at 300 Mountain Laurel Lane. APN: 567-24-023. Planned Development Amendment PD-22-001. This Request for Modification of a Planned Development Ordinance is not Considered a Project Under the California Environmental Quality Act. PROPERTY OWNER: Bright Smile Dental Office Defined Benefit Plan. APPLICANT: Kunling Wu, Trustee. PROJECT PLANNER: Sean Mullin. 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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