Planning Commission
Regular MeetingLos Gatos, CA · May 24, 2023
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
MAY 24, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, May 24, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Vice Chair Jeffrey Barnett, Vice Chair Steve Raspe, Commissioner Susan Burnett,
Commissioner Kylie Clark, Commissioner Melanie Hanssen, and Commissioner Emily Thomas
Absent: Commissioner Kathryn Janoff
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – April 26, 2023
MOTION: Motion by Vice Chair Raspe to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2. Modifications to the Town Height Pole and Netting Policy
Applicant: Town of Los Gatos
Location: Town Wide
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.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF MAY 24, 2023
Jennifer Armer, Planning Manager, presented the staff report.
Opened Public Comment.
Jessie Bristow, Swenson Builders
- Our proposed project on Shelburne Way and Winchester Boulevard would be 38 feet. We
used string flags to accommodate that size, because netting cannot be used for that height,
and have received approval for an exception to create a 3D video of the project, which we
feel articulates the architecture in the finished project much better. I would agree with the
discussion that it could be a constraint for future housing. Our initial install was about
$70,000, and on top of that we pay about $7,000 monthly to rent the flags. I think there
are alternative solutions, such as renderings and videos using today’s technology, and
encourage a change to the policy, especially with future RHNA housing goals and bonuses
that allow the height to be broken.
Lee Fagot
- New construction is impactful townwide, and therefore all members of the Town should be
able to see what this new construction would look like. The virtual technology with story
poles helps give a better image of the potential impact from different perspectives,
particularly with the hillsides. Could have less dense netting that would not be impacted by
strong winds, but story poles without netting makes no sense. Also, the suggestion to put
flags at the top where the peak of a roof would be would help to give a perspective. The
story poles should be marked every 10 feet starting at the new grade. Story poles have
been working for a long time, and while there is a cost associated with them the benefit is
the larger community gets to see what the impact would be on that site.
Noel Cross
- As stated in the comment letter written by Bess Wiersema, from six or eight local
architects, story poles are more hurtful than helpful and don’t represent the character of
the building. They represent only the worst parts of the structure, the height and bulk, but
do not communicate nuance, materials, color, shade, shadow, roofline, proportion, all the
things architects care passionately about and work on in our 3D renderings. In over 35
years as an architect, I’ve learned that the neighbors of our projects are very fearful, mostly
about the unknown, and because story poles convey none of the nuance and beauty, it
only stokes the fear and makes it worse, and our renderings are way better at
communicating what is actually going on. The irony is the color of story pole netting is
orange with an LRV of 44, but the Hillside Design Guidelines require new buildings be less
than an LRV of 30, so why have something orange and fluorescent when that is not what is
going to be up there?
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MINUTES OF PLANNING COMMISSION MEETING OF MAY 24, 2023
Bess Wiersema
- Maybe there are projects that don’t need story poles. If something is highly contested, or a
larger project, or is asking for an exception or variance, maybe those are the projects that
are story poled, but if neighbors are fine with looking at 3D computer models and
renderings, those are more helpful. We suggest having a study session for a group of
design professionals, owners, developers, story pole contractors, and Town staff and to
come back to the Planning Commission with a collaborative recommendation that has
more specifics. There are two issues here: 1) story poles do not accurately represent a
project; and 2) the process in which the Town deals with story poles, which is where we’d
like to see additional streamlining.
Don Capobres
- At the last hearing there was general consensus that story poles are largely effective in
alerting the general public about potential land uses, and I believe that, but there has to be
a better way to do this. Some of our biggest concerns during the North Forty story pole
program were: 1) they should have been done when there was a chance for the public to
make an impact on the land use policy decisions, not when an application that complied to
the Specific Plan was submitted; 2) we put up over 600 story poles at the North Forty at a
cost of nearly $1 million, and the general public could not see the interior story poles; and
3) we were required to keep the 600-plus story poles up for over six months as the various
Planning Commission and Town Council hearings were extended, and that put a lot of cost
into it, as well as danger from weather impacts, and we had to provide free rent to
businesses out there. The length of time the story poles were up, was not helpful to
anyone; if the main intent was to alert the public, they knew within the first couple of
weeks. Technology has made great advances as other speakers have commented. We
have an 80-foot building proposed for phase 2 and renting cranes to do story poles for that
is cost prohibitive. We advocate for tethered balloons, photo-simulations, computer
renderings, QR code-based technology, and physical models made via 3D printing.
Closed Public Comment.
Item A – Story Pole Requirement
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend to Town Council
retaining the requirement for installation of story poles for development
projects with further details coming in other sections. Seconded by
Commissioner Burnett.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF MAY 24, 2023
Item B – Types of Development Projects
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend to Town Council the
following types of projects be required to install story poles: 1)
Residential: if a project is the first two-story home in the immediate
neighborhood or requests a variance or exception to physical
characteristics of the structure; 2) Historic Districts: all new residential
and non-residential buildings, all residential second story additions, and
non-residential additions exceeding 100 square feet; 3) Hillsides: new
buildings or second story additions; 4) Generic commercial outside of the
Historic Districts: additions over 100 square feet only or new projects
asking for variances or exceptions to physical characteristics of the
structure; and 5) Affordable Housing: projects that include a certain
amount of affordable housing, to be determined by Town Council, shall
be exempt.
Vice Chair Raspe requested the motion be amended to include story pole requirements in the
Commercial Zones: 1) where there is a variance sought with respect to massing, location, or
the physical structure; and 2) all structures over 50,000 square feet.
The maker of the motion accepted the amendment to the motion.
Seconded by Commissioner Hanssen.
Commissioner Hanssen requested the motion be amended for residential to include two-
story homes that have single-story homes on both sides.
The maker of the motion accepted the amendment to the motion.
The maker of the motion amended the motion to modify the language regarding homes in
Historic Districts to: “Homes within the Historic Inventory that are new residential and non-
residential buildings or residential second-story additions.”
The seconder accepted the amendment.
The maker of the motion amended the motion to modify the language to exclude the story
pole requirement for projects where there is no visibility from the public right-of-way.
The seconder accepted the amendment.
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MINUTES OF PLANNING COMMISSION MEETING OF MAY 24, 2023
VOTE: Motion passed unanimously.
Item C – Modify Physical Requirements
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend to Town Council that
alternatives to netting, such as flag rope, could be allowed above 35 feet.
Commissioners discussed the matter.
Seconded by Commissioner Hanssen.
VOTE: Motion passed unanimously.
Item D – Provide Alternatives
Commissioners discussed the matter.
MOTION: Motion by Commissioner Clark to recommend to Town Council that: 1) A
reduced number of story poles be allowed for multi-building projects so
only the outer buildings and the tallest building need to be story poled; 2)
There be a QR code and email address included on the signage; 3) the
story poles only be required to be in place until 30 days after the initial
public hearing; 4) Signage shall be required for projects covered by the
current Story Pole Policy story poles; 5) Consider having signage up
earlier than the story poles; and 6) Standardize signage to ensure it is
noticeable. Seconded by Commissioner Thomas.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to recommend to Town Council
allowing the relocation of story poles located close to property lines
without getting an exception, and allow attaching guy wires to other
structures onsite, with the exception of trees. Seconded by
Commissioner Clark.
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MINUTES OF PLANNING COMMISSION MEETING OF MAY 24, 2023
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
Item E – Modify Exception Process
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to recommend to Town Council the
Community Development Director be the decision maker for all story
pole and signage exception requests. Seconded by Commissioner
Hanssen.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
Item F – Story Pole Plan Requirement
Commissioners discussed the matter.
MOTION: Motion by Commissioner Clark to recommend to Town Council making a
story pole plan optional rather than required. Seconded by
Commissioner Thomas.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
Item G – Housing Element
Commissioners discussed the matter.
OTHER BUSINESS
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MINUTES OF PLANNING COMMISSION MEETING OF MAY 24, 2023
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
None.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
General Plan Committee
Commissioner Hanssen
- The Housing Element Advisory Board has not met since March, but the General Plan
Committee met on May 10, 2023, to discuss considering a General Plan amendment for a
property on Los Gatos Boulevard, and recommended approval.
- The General Plan Committee elected a new Chair, Ryan Rosenberg, and a new Vice Chair
Emily Thomas.
Historic Preservation Committee
Commissioner Burnett
- The HPC met on May 24, 2023, and discussed two items:
o Homeowner and architect seeking advice and recommendations on a second story
addition to maintain the look and feel of the historic home.
o Demolition of an older ADU. The HPC recommended the demolition and building
the new ADU similar to the historic primary home.
Commission Matters
None.
ADJOURNMENT
The meeting adjourned at 10:17 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 24, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
MAY 24, 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
MAY 24, 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/87881594520?pwd=ODRyalp4aW9ldWpObjZTN3A4VzJjdz09.
Passcode: 036862. You can also type in 878 8159 4520 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
MAY 24, 2023
7:00 PM
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.
MEETING CALL TO ORDER
ROLL CALL
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 April 26, 2023 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 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.
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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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