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Planning Commission

Regular Meeting

Los Gatos, CA · March 22, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING MARCH 22, 2023 The Planning Commission of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Wednesday, March 22, 2023, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. 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. PLEDGE OF ALLEGIANCE VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – March 8, 2023 MOTION: Motion by Vice Chair Raspe to approve adoption of the Consent Calendar. Seconded by Commissioner Burnett. VOTE: Motion passed unanimously. OTHER BUSINESS 2. Draft Justice, Equity, Diversity, and Inclusion Plan Provide input for the Draft Justice, Equity, Diversity, and Inclusion Plan. Holly Young, Senior Management Analyst, presented the staff report. Opened Public Comment. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 22, 2023 Ron Meyer - What is the problem you’re trying to solve? What is DEI going to do for the citizens of Los Gatos? The assumption is that we have a problem. I see a lot of aspirational utopian socialist ideas in this plan and a lot of wasteful effort. How many staff hours will be devoted to training and whatever plan you decide to execute that are going to take away from the delivery of rightful services paid for by the citizens of Los Gatos? I am asking you to qualify and quantify the problem. The first problem I saw was over a year ago when Black Lives Matter people paraded through downtown Los Gatos and created havoc at the behest of the former mayor. Communists run BLM and they’ve extorted millions of dollars out of businesses and civic groups. This is a socialist, communist farce and I will resist this to the utmost. Closed Public Comment. Commissioners discussed the matter. PUBLIC HEARINGS 3. 16185 George Street Fence Height Exception Application FHE-22-008 APN 529-18-046 Property Owner/Appellant: Antony Jayaraj Alappat Applicant: Sandra Paim Project Planner: Ryan Safty Consider an appeal of a Community Development Director decision to deny a fence height exception request for construction of a six-foot tall fence located within the required front yard setback on property zoned R-M:5-12. Ryan Safty, Associate Planner, presented the staff report. Opened Public Comment. Atony Jayaraj Alappat - We are asking to increase the fence height from three feet to six feet. It’s more the backside of the property since we actually face George Street. I don’t understand why Roberts Road is considered the front part of the property. We are still keeping the corner side of the property for the traffic, so it’s not going to impact traffic from George Street or Roberts Road. Other than that, we have made the fence exactly the same as the one across the road on Roberts Road. Our main concerns are privacy and safety. Closed Public Comment. PAGE 3 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 22, 2023 Commissioners discussed the matter. MOTION: Motion by Commissioner Janoff to grant the appeal of a Community Development Director decision and grant a fence height exception request. Seconded by Commissioner Clark. Commissioners discussed the matter. VOTE: Motion failed 3-4 with Chair Barnett, Vice Chair Raspe, and Commissioners Hanssen and Burnett dissenting. MOTION: Motion by Commissioner Hanssen to deny the appeal and uphold the Community Development Director decision to deny a fence height exception request. Seconded by Vice Chair Raspe. Commissioners discussed the matter. VOTE: Motion passed 4-3 with Commissioners Clark, Janoff, and Thomas dissenting. 4. 114 Wilder Avenue Architecture and Site Application S-22-030 Variance Application V-22-002 APN 510-17-072 Applicant: David Kuoppamaki Property Owner: Alvaro Anzoategui Project Planner: Jocelyn Shoopman Requesting approval for demolition of an existing single-family residence, construction of a new single-family residence to exceed the maximum allowed floor area, and a variance for the required front setback and the parking requirements on property zoned R-1D:LHP. Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. Alvaro Anzoategui, Applicant - The information provided in the staff report and justification letter does a good job of representing the project and the evidence we have provided as to why we are asking for a variance and how it would help in making sure the home meets the neighborhood look. We have lots of support from our neighbors, some of which is included in letters to the Commission. I have also met with neighbors who have not been able to provide letters. PAGE 4 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 22, 2023 We spent a lot of time preparing our plans and ensuring that this is a very nice home that fits the neighborhood. The size of the home as far as the front view would look no bigger than other homes in the area. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to approve an Architecture and Site application and Variance application for 114 Wilder Avenue. Seconded by Commissioner Janoff. VOTE: Motion passed unanimously. REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Jennifer Armer, Planning Manager  The Town Council met on March 21, 2023, to review the Annual Progress Report giving an update on the number of housing units issued through the building permit process and efforts to further the General Plan implementation and Housing Element. The report was accepted and will be sent to the State by the end of the month.  The revised draft of the Housing Element will be available for the seven-day public review by the end of the week in advance of resubmittal to HCD at the end of next week.  Los Gatos staff will be available at the Farmers’ Market on Sunday to discuss the Housing Element. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Burnett - The HPC’s next meeting has been rescheduled for March 29, 2023. Housing Element Advisory Board Commissioner Hanssen - The HEAB met March 16, 2023, to review the Draft Revised Housing Element in response to the HCD letter provided to the Town on January 12, 2023. Commission Matters Commissioner Clark - Requested to agendize the issue of starter homes in Los Gatos being converted into very large homes. PAGE 5 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 22, 2023 ADJOURNMENT The meeting adjourned at 9:54 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the March 22, 2023 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA MARCH 22, 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 Kathryn Janoff, Commissioner Melanie Hanssen, 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 MARCH 22, 2023 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS LOS GATOS, CA 7:00 PM IMPORTANT NOTICE This is a hybrid/in-person meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in- person or 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/87680304683?pwd=MUhjSnhBQ0M5WDZSSUgzT3hRWUlQdz09 Passcode: 020539. You can also type in 876 8030 4683 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.  In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Planning Manager. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Planning Commission meeting. 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 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. Page 2 TOWN OF LOS GATOS PLANNING COMMISSION AGENDA MARCH 22, 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. PLEDGE OF ALLEGIANCE 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 8, 2023 Planning Commission Meeting OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 2. Provide Input for the Draft Justice, Equity, Diversity, and Inclusion Plan. 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.) 3. Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Tall Fence Located Within the Required Front Yard Setback on Property Zoned R-M:5-12. Located at 16185 George Street. APN 529-18-046. Fence Height Exception Application FHE-22-008. PROPERTY OWNER/APPELLANT: Antony Jayaraj Alappat. APPLICANT: Sandra Paim. PROJECT PLANNER: Ryan Safty. 4. Requesting Approval for Demolition of an Existing Single-Family Residence, Construction of a New Single-Family Residence to Exceed the Maximum Allowed Floor Area, and a Variance for the Required Front Setback and the Parking Requirements on Property Zoned R-1D:LHP. Located at 114 Wilder Avenue. APN 510-17-072. Architecture and Site Application S-22-030 and Variance Application V-22-002. Property Owner: Alvaro Anzoategui. Applicant: David Kuoppamaki. PROJECT PLANNER: Jocelyn Shoopman. 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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