Planning Commission
Regular MeetingLos Gatos, CA · April 26, 2023
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
APRIL 26, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, April 26, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Jeffrey Barnett, Vice Chair Steve Raspe, Commissioner Susan Burnett,
Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and Commissioner Emily
Thomas
Absent: Commissioner Kylie Clark
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – March 22, 2023
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
OTHER BUSINESS
4. Draft Proposed Capital Improvement Program Budget for Fiscal Years 2023/24 –
2027/28
Nicolle Burnham, Director of Parks and Public Works, presented the staff report.
Opened Public Comment.
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 26, 2023
Lee Fagot
- I believe the new Highway 17 Bicycle and Pedestrian Bridge should be delayed because the
State and Caltrans are doing Highway 17 widening proposals and looking to redo the
Blossom Hill Bridge over Highway 17, which does not meet State requirements. If we put in
our own separate bicycle and pedestrian bridge, we’ll be competing with Caltrans for
funding and to have a separate entrance and exit around that area. This project should be
delayed until we better understand what will happen with the funding for Caltrans to work
on the Route 9 and Highway 17 interchange, the Blossom Hill Road new bridge, and see if
we can collaborate with the State and include a better bicycle and pedestrian overcrossing
as part of that new construct.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to forward a recommendation of approval to
the Town Council for the Draft Proposed Capital Improvement Program
Budget for Fiscal Years 2023/24 – 2027/28. Seconded by Commissioner
Janoff.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2. Land Use and Economic Recovery Amendments of the Town Code
Town Code Amendment Application A-23-001
Project Location: Town Wide
Applicant: Town of Los Gatos
Forward a recommendation to the Town Council on Land Use and Economic Recovery
Amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding personal
service businesses, bars, markets, banks, financial services, formula retail, group classes,
veterinarians, offices, and definitions. The proposed amendments to the Town Code are
not considered a project under the California Environmental Quality Act.
Sean Mullin, Senior Planner, presented the staff report.
Opened Public Comment.
Catherine Somers, Los Gatos Chamber of Commerce
- The June 2020 Economic Recovery Resolution created flexibility and increased
opportunities for businesses and the Chamber supports almost all of staff’s
recommendations relating to making it permanent, with a few exceptions: 1) We request
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
the Town take a closer look at the language around specialty retail and how it might relate
to the coffee industry. The discretion provided by the Development Review Committee
would be appropriate to guide any newly proposed coffee businesses in the C-2 zone; 2)
Formula Retailers 6,000 square feet was a policy meant to regulate larger box retail. There
are some spaces in the commercial C-2 zone that would benefit from marketability of what
would be considered a formula use as an approved use within the zone. There are leases,
building size, and other constraints that self-regulate the concern of overly competitive big
box retailers entering the market. The notion of formula retail is antiquated with the
changing landscape of retail, and we want to welcome a few quality retailers to bolster our
shopping experience and gain tax revenue. We suggest eliminating this limitation
completely; 3) We think the definition of banks and financial institutions needs to be more
straightforward if offices on the ground floor are not desired.
Bess Wiersema, Studio3 Design
- In addition to Studio3 I own another business called Shop the Studio, a trade-only
showroom. I concur with Ms. Somers and the Chamber, because I hear it from my own
clients at Studio 3 who are looking to have work done on their homes or are building
homes, as well as many other architects and designers that use the trade showroom, that if
downtown is vital it is easier for them to get clients to come and visit and stay and the
more Los Gatos can establish itself as a boutique destination without big box stores, but
ones that fit at the more niche level taking up only 10,000 square feet or less. I encourage
the Planning Commission to let the architecture and footprint of the space do the talking
and create a space that could become something besides the same old stuff we see
downtown.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Personal Service Businesses as a Permitted Use in the C-2 and
O Zones. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Bars, Markets, and Other Miscellaneous Commercial
Businesses, subject to the change in the definition of specialty food retail
by deleting the word “coffee” in the phrase “coffee/slash tea houses”
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
and inserting language specifically excluding coffee houses from the
definition of specialty food retail. Seconded by Commissioner Hanssen.
The seconder of the motion requested the motion be amended to request that staff do the
additional research discussed before going to Town Council to ensure no unintended
consequences.
The maker of the motion accepted the amendment to the motion.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Banks and Financial and Investment Services, subject to the
change in the definition of retail bank by inserting the word “cash” in
front of the phrase “deposit/withdrawals.” Seconded by Commissioner
Janoff.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Formula Retail Greater Than 6,000 Square Feet. Seconded by
Commissioner Thomas.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Chair Raspe to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Group Classes in the C-2 zone. Seconded by Commissioner
Janoff.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
MOTION: Motion by Commissioner Thomas to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
regarding Veterinarians in the C-1 Zone. Seconded by Commissioner
Burnett.
VOTE: Motion passed unanimously.
3. Modifications to the Town Height Pole and Netting Policy
Project Location: Town Wide
Applicant: Town of Los Gatos
Forward a recommendation to the Town Council on modifications to the Town Height
Pole and Netting Policy for Additions and New Construction. The proposed
amendments to Town policy are not considered a project under the California
Environmental Quality Act.
Jennifer Armer, Planning Manager, presented the staff report.
Opened Public Comment.
Bess Wiersema, Studio3 Design
- I am here representing architects Gary Kolhsaat, Tony Jeans, Tom Sloan, Jennifer
Kretschmer, Louis Leu, Noel Cross, and Jay Plett. We strongly disagree that story poles are
helpful, and actually believe they are more hurtful and are an outdated method for
displaying and explaining a project. We live in a time where 3-D can be done and pinned to
a height requirement or to a pole, and it shows the finished project. Story poles do not
convey anything that exists in the character of how we are supposed to design homes as
architects. Massing can be better seen in 3-D models, which are more useful in terms of
creating neighborly conversation and are more realistic. Story poles that sit in hillsides do
not show things like retaining walls, terraced hillsides, and grading on the site, so often the
interpretation of what we consider massing is irrelevant to what it actually is in the long
run. We are also concerned about the way story pole plans are reviewed in Los Gatos,
which is different than other jurisdictions, is time consuming, and requires more rounds of
revisions. In an effort to streamline the process we ask the Planning Commission to trust
the professionals who are putting them up and putting together a certified letter. A basic
story pole package including plans for a regular new home in Los Gatos costs $20,000,
which would be better spent on beautiful architectural details, especially if the house
meets the design guidelines and the neighbors are not contesting it.
Catherine Somers, Los Gatos Chamber of Commerce
- Ms. Wiersema was correct in stating that we used to rely on story poles, but now there are
so many new tools, and I believe we need to find ways to engage the public so they can
utilize those tools. I believe story poles are causing impediments, and I represent many
members of the Chamber of Commerce who are architects and builders and are frustrated
with this process. I urge the Planning Commission to consider coming up with other
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
options so they can work through these building processes more quickly and efficiently,
because it causes strain and concern on the part of the architects, builders, and
homeowners, and causes constraints to the Building Department because we’re spending a
lot of time on some of these residential homes that are pretty easy, and then we have a lot
of commercial projects also. We need to accept and acknowledge that the architects know
what they’re talking about, and if they say that story poles are obsolete and there are other
ways of sharing their designs with the public, they should be able to do it that way.
Don Capobres, Harmonie Park Development
- I’ve worked on the North Forty project in Los Gatos for over 15 years. In the context in
which we were required to implement it, the Town’s story pole policy is an anti-housing
development tool. Requiring story poles creates unnecessary tension within the
community and can create false expectations about the Town’s ability to deny or modify
design elements such as height or massing that are consistent with the Town’s
development standards and create unnecessary opposition to projects that are legally
entitled to move forward. The Town’s outdated story pole policy is impeding housing
production. The Town must allow simpler, less burdensome, and more effective ways of
providing notice that convey similar information without unreasonably burdening
development projects. This is especially true as meeting the Town’s housing needs will
entail having to allow for taller buildings with heights that make the Town’s current story
pole policy technically infeasible to implement. Story poles can only be seen from public
right-of-way, making understanding the context of a larger proposal increasingly
challenging.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to continue the public hearing on
Modifications to the Town Height Pole and Netting Policy for Additions
and New Construction to a date certain of May 24, 2023. Seconded by
Commissioner Burnett.
VOTE: Motion passed unanimously.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Jennifer Armer, Planning Manager
The Town Council met on April 4, 2023, where it considered and granted a story pole
exception for a project at Winchester Boulevard and Shelburne Way and further
discussed the draft revised Housing Element.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
The Town resubmitted the Draft Housing Element to HCD on March 31, 2023, and on
April 14, 2023, received a comment letter regarding the adopted Housing Element from
January 2023. Review with HCD is ongoing on the remaining issues that were submitted
as part of the March 31, 2023, draft.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Commissioner Hanssen
- The CDAC met on April 12, 2023, regarding a development proposal for 18 acres of land
that sits above the Surrey Farm neighborhood.
Historic Preservation Committee
Commissioner Burnett
- The HPC met on April 26, 2023, and voted to remove a home on Fillmer from the inventory.
ADJOURNMENT
The meeting adjourned at 9:58 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 26, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
APRIL 26, 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]
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TOWN OF LOS GATOS
PLANNING COMMISSION MEETING AGENDA
APRIL 26, 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/82779625887?pwd=Ly9ING1xSkE1ZHg3VjNaaXRYZnNWdz09
Passcode: 245354. You can also type in 827 7962 5887 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 with 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.
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TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
APRIL 26, 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 Commission 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. 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 22, 2032 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. Forward a Recommendation to the Town Council on Land Use and Economic Recovery
Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Personal Service
Businesses, Bars, Markets, Banks, Financial Services, Formula Retail, Group Classes, Veterinarians,
Offices, and Definitions. The Proposed Amendments to the Town Code are Not Considered a
Project Under the California Environmental Quality Act. Town Code Amendment Application A-
23-001. Project Location: Town Wide. Applicant: Town of Los Gatos.
Page 3
3. Forward a Recommendation to the Town Council on Modifications to the Town Height Pole and
Netting Policy for Additions and New Construction. The Proposed Amendments to Town Policy
are Not Considered a Project Under the California Environmental Quality Act. Project Location:
Town Wide. Applicant: Town of Los Gatos.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
4. Draft Proposed Capital Improvement Program Budget for Fiscal Years 2023/24 - 2027/28.
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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