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Planning Commission

Regular Meeting

Los Gatos, CA · June 28, 2023

AgendaPacketMinutes

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 PAGE 2 OF 4 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. PAGE 3 OF 4 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. PAGE 4 OF 4 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] Page 1 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. Page 2 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 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.) 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. Page 4

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