Planning Commission
Regular MeetingLos Gatos, CA · June 28, 2023
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
JUNE 28, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, June 28, 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 Melanie Hanssen, and Commissioner Kathryn Janoff.
Absent: Commissioner Kylie Clark and Commissioner Emily Thomas.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – June 14, 2023
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar. Seconded by Commissioner Burnett.
VOTE: Motion passed unanimously.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF JUNE 28, 2023
PUBLIC HEARINGS
2. 473 Wraight Avenue
Minor Residential Development Application MR-22-013
APN 529-06-027
Property Owner/Applicant: Vicky Le
Appellant: James Woods
Project Planner: Ryan Safty
Consider an appeal of a Community Development Director Decision to approve a
second-story addition to an existing single-family residence on property zoned R-1D.
Categorically exempt pursuant to CEQA Guidelines Section 15303, New Construction.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
James Woods, Appellant
- The site of the approved project at 473 Wraight is next door to our home. The vast
majority of our living space is on the southern side of our home and has southern-facing
windows, which will face the proposed new structure. The response to our initial
expression of concern and our subsequent appeal was they couldn’t address our concerns
and get what they want, so they are proceeding with their original plan. Our questions
have not been answered, including how the first floor windows align with our windows. If
there were window alignment issues we would ask for trees to be planted to shield the
view. The minimal changes the applicant has made do not address our concerns. The
subject site is a constrained lot, but the consequences of that constraint are transferred to
us because the applicants will not compromise on anything meaningful. We suggest the
balcony be eliminated, the garage be pushed to the back of the lot, and that we receive the
analysis on the north-facing first and second floor windows. The neighbor to the north
worked with us when they built their house. This currently approved plan would negatively
impact our quality of life in our home.
Vicky Le, Applicant
- Buying this home and rebuilding it is something that I really want to do to create roots for
my kids and myself. I met with Jim and Jenny Woods at their home to talk about my plans
and I asked them to put their concerns in an email that I could forward to my architect. I’m
doing everything I can to accommodate everyone’s needs, but I also have to be mindful of
what my needs are with my kids, and putting the garage to the back of the house would
limit our back yard space for the boys and the dog to play in.
Commissioners asked questions of applicant and project architect Chris Spaulding.
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MINUTES OF PLANNING COMMISSION MEETING OF JUNE 28, 2023
Vicky Le, Applicant
- I’m doing everything I can to build this home for me and my boys and the dog so we can
start our new chapter, and we just want to be part of the community. I’m not planning to
build and flip, this will be our home and we’ll be here for a while. The Junior ADU is really
for my mom when she gets older so I can take care of her and she can watch the boys while
I’m at work. Thank you for your time and consideration.
James Woods, Appellant
- The fact that this is a constrained lot and complying with those constraints would create a
small back yard had to have been known before this process even started, so I don’t
understand the argument that doing what is right for the neighbor’s results in a small back
yard. I have the same size lot and we have a very small back yard, and at one point we had
three children at home, so I really do get it. Having a small back yard with active children
can be a challenge, and that is why we have parks and other places for children to go, but
there is still a back yard that can be used by the family. The glass block window in the
bathroom does not concern us. We are concerned about the other double-hung bathroom
window that we open in the summertime, and perhaps making the wall on the balcony
solid could cure that problem. We have limited space between our house and the shared
lot line on both sides, and a two-story structure put up five feet from our house is just big,
and that was the reason for us wanting the garage to be put in the back to provide more
room between the houses on the side of the house that we live 95-percent of the time. If
there are windows and doors on that side of the house, we ask that trees be planted along
the side yard to provide more privacy between the bedroom and bathroom window and
our windows into our living space.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to deny an appeal of a Community
Development Director Decision to approve a second-story addition to an
existing single-family residence on property zoned R-1D, and grant
approval of a Minor Development Application for 473 Wraight Avenue,
with an added condition to modify the plans to show the screening wall
on the north elevation of the rear balcony having a solid wall to screen
the view to the neighbor to the north, and direction that the applicant
and appellant discuss the reorientation or removal of the gable over the
garage area and the planting of appropriate tree screening between the
properties. Seconded by Commissioner Janoff.
Commissioner Hanssen requested the motion be amended to include the findings in Exhibit 2
and the conditions in Exhibit 3.
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MINUTES OF PLANNING COMMISSION MEETING OF JUNE 28, 2023
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.
VOTE: Motion passed 4-1 with Commissioner Burnett dissenting.
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Jennifer Armer, Planning Manager
The Town Council met June 20th to consider the Economic Vitality Ordinance and
approved it on its first reading. The ordinance’s second reading is scheduled for August
1st and will go into effect in September 2023. The Planning Commission’s recommended
language was approved with modifications.
A Housing Element Advisory Board meeting and a Special General Plan Committee
meeting are both scheduled for July 20th to work on items related to the Housing
Element update.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Burnett
- The HPC met on June 28th and considered seven items.
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 28, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
JUNE 28, 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]
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TOWN OF LOS GATOS
PLANNING COMMISSION MEETING AGENDA
JUNE 28, 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/81913517790?pwd=MlQ2U3krbEp1QmRyWVUrS0xSZXRVZz09.
Passcode: 533049. You can also type in 819 1351 7790 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.
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TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
JUNE 28, 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 June 14, 2023 Planning Commission Meeting
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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 Approve a Second-
Story Addition to an Existing Single-Family Residence on Property Zoned R-1D. Located at
473 Wraight Avenue. APN 529-06-027. Categorically Exempt Pursuant to CEQA Guidelines
Section 15303: New Construction. Minor Residential Development Application MR-22-013.
PROPERTY OWNER/APPLICANT: Vicky Le. APPELLANT: James Woods. PROJECT PLANNER:
Ryan Safty.
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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