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Planning Commission

Regular Meeting

Los Gatos, CA · June 14, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 14, 2023 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, June 14, 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 Kylie Clark, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and Commissioner Emily Thomas Absent: None. Commissioner Clark indicated she was traveling and would attend the meeting via Zoom, and there were no adults in the room with her. PLEDGE OF ALLEGIANCE VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – May 24, 2023 MOTION: Motion by Vice Chair Raspe to approve adoption of the Consent Calendar. Seconded by Commissioner Thomas. VOTE: Motion passed unanimously. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JUNE 14, 2023 PUBLIC HEARINGS 2. 380 Blackwell Drive Fence Height Exception Application FHE-23-002 APN 424-12-027 Applicant: Ramin Zohoor Appellant: Larry Cesnik Property Owner: Larry Cesnik and Martha Johnson Project Planner: Sean Mullin Consider an Appeal of a Community Development Director Decision to deny a Fence Height Exception Request for construction of an automated vehicular gate exceeding the maximum height and with reduced setbacks on property zoned R-1:8. Categorically exempt pursuant to CEQA Guidelines Section 15303(e): New Construction or Conversion of Small Structures. Sean Mullin, Senior Planner, presented the staff report. Opened Public Comment. Larry Cesnik - I am the resident at 380 Blackwell Drive. My major theme is safety, not only for our son, but also for the citizens of Los Gatos. We have a young adult son, Martin, who lives in the ADU on the property that directly faces the driveway, the street, and the electric tower area across the street. Our son is autistic and has very low safety awareness and needs to be watched when he is outside. He is also very physical and moves quickly and can swiftly reach the sidewalk, street, and the electric tower area, so that is why we built the gate, because we need it to prevent any unexpected bolting. The gate also keeps the citizens of Los Gatos safe, because if he were to get out to the street or sidewalk motorists, pedestrians, cyclists, and pets could be at risk of collision. When closed the gate would block entry to the sidewalk and street. Martin’s primary care physician has written a letter stating Martin does have this condition, that he can impulsively bolt from a safe area, and that she supports installing a gate across the driveway to ensure Martin’s safety. Martin is a client of the San Andreas Regional Center and has an individualized program plan where safety comes up frequently as an issue. We are setting safety goals for him to try to achieve, but it is a life-long process for him to get there. Closed Public Comment. Commissioners discussed the matter. PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JUNE 14, 2023 MOTION: Motion by Commissioner Janoff to grant the appeal of a community Development Decision to deny a Fence Height Exception for construction of an automated vehicular gate exceeding the maximum height and with reduced setbacks on property zoned R-1: 8, with a request that the gate be moved back four feet, 10 inches to five feet. Seconded by Commissioner Hanssen. Town Attorney Whelan requested the motion be amended to state that the gate shall be moved back five feet as a condition of approval rather than a request. The maker of the motion accepted the amendment to the motion. The seconder of the motion accepted the amendment to the motion. Commissioner Thomas requested the motion be amended to State that the fence height shall exceed the three-foot maximum. The maker of the motion accepted the amendment to the motion. The seconder of the motion accepted the amendment to the motion. Commissioners discussed the matter. Town Attorney Whelan requested the motion be amended to state that approval of the appeal is conditioned on moving the fence back five feet, and a variance from the 25-foot requirement is approved. Planning Manager Armer requested the motion be amended to state that a fence height exception for the fence within the front setback to be greater than the three-foot limitation is granted, and that includes additional connecting fencing because of the relocation of the fence with the gate. The maker of the motion accepted the amendments to the motion. The seconder of the motion accepted the amendments to the motion. VOTE: Motion passed 6-1 with Commissioner Thomas dissenting. PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JUNE 14, 2023 OTHER BUSINESS REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT Jennifer Armer, Planning Manager  The next Housing Element Advisory Board meeting is scheduled for June 15, 2023, at 7:00 p.m. in the Council chambers to discuss the State’s comment letter on the most recent draft of the Town’s Housing Element.  The next Planning Commission meeting is scheduled for June 28, 2023. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Conceptual Development Advisory Committee Commissioner Hanssen - CDAC met on June 14, 2023 to discuss developing 143-151 East Main Street to convert an existing building to a mixed-use development with below-grade parking, three stories of residential, and retail on the ground floor. ADJOURNMENT The meeting adjourned at 8:04 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the June 14, 2023 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA JUNE 14, 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 JUNE 14, 2023 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. *This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Planning Commissioner Kylie Clark will be participating from a teleconference location at 12847 Sir Francis Drake Blvd in Inverness, CA. The teleconference location shall be accessible to the public and the agenda will be posted at the teleconference locations 72 hours before the meeting. 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/85763705294?pwd=cWF0c0RwOXhHRk1uTHNlU01lWEgwZz09. Passcode: 512547. You can also type in 857 6370 5294 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join. o When the Mayor 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 Vice Chair. 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 Council 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 JUNE 14, 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 May 24, 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. Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Page 3 Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23- 002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. 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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