Planning Commission
Regular MeetingLos Gatos, CA · July 26, 2023
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
JULY 26, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, July 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 Kylie Clark, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and
Commissioner Emily Thomas.
Absent: None.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
Rigo Gallardo, Carpenters Local 405
- I advocate for area labor standards including: a livable wage; accessible healthcare;
accredited apprenticeship programs; opportunity for local hire; and addressing
unacceptable exploitation of workers by general contractors hired by developers with tax
fraud and wage theft.
Albert Lestre, Carpenters Local 405
- I’m also with Carpenters Local 405. Cities that have implemented these standards are
Redwood City, Menlo Park, and Foster City. Berkeley has implemented hard hats and
helmets for the workers, and ensures all workers have a certain amount of money and
healthcare on every project.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – June 28, 2023
2. Approval of Minutes – July 12, 2023
MOTION: Motion by Commissioner Clark to approve adoption of the Consent
Calendar. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 5
MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
PUBLIC HEARINGS
Chair Barnett indicated that he would recuse himself from participating in the public hearing
for Item 3, 200 Happy Acres Road, based on actual or potentially perceived conflicts of
interest due to his friendship and past professional relationship with the Applicant’s attorney,
Mr. Hechtman, who has written a letter concerning the request on this item.
3. 200 Happy Acres Road
Subdivision Application M-21-006
APN 537-24-030
Applicant: Noel Cross
Property Owner: Fred and Fereshten Toofan
Project Planner: Jocelyn Shoopman
Requesting Approval for Modification to an Existing Subdivision Application (PRJ-97-117)
on Property Zoned HR-2½. Categorically Exempt Pursuant to CEQA Guidelines Section
15315: Minor Land Divisions, and Section 15061(b)(3): Common Sense Exemption.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Opened Public Comment.
Noel Cross, Applicant/Architect with Bart Hechtman, Land Use Attorney
- This item is unusual in that we’re not here to approve a new residence, we are asking for
approval of revised conditions for a parcel that was subdivided and recorded over 20 years
ago. The original conditions of approval required a cul-de-sac and fire department
turnaround at the end of Happy Acres Road at the bottom of the property, which required
paving over the creek and installing a long drainage culvert. We have redesigned the
roadway and placed the cul-de-sac and turnaround in a more environmentally acceptable
location at the top of the property. Both immediate neighbors have signed letters allowing
this ingress easement to be used for emergency vehicle access and allowing for the tree
removals. The new design keeps grading to a minimum. An arborist report and slope
stability study support the project. We support the staff report with the one request to
alter the fire department language. The language proposed by the fire department could
be interpreted as an agreement by the owners to give up their right to appeal as a
condition of this approval, even before they get to the house approval. We want to avoid
any dispute and to make it abundantly clear that the condition parallels the language of
the ordinance. Both include the right to appeal what we feel is an unjust, unfair, or illegal
condition.
Closed Public Comment.
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MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to approve a modification to an
existing Subdivision Application on property zoned HR-2½ for 200 Happy
Acres Road. Seconded by Commissioner Janoff.
Commissioner Janoff requested the motion be amended to include the applicant’s proposed
changes to Condition #16 that are not currently in Exhibit 3.
The maker of the motion accepted the amendment to the motion.
VOTE: Motion passed unanimously.
Chair Barnett returned to the meeting.
4. 25 W. Main Street
Architecture and Site Application S-22-039
Variance Application V-22-001
Conditional Use Permit Application U-23-002
APN 529-01-017
Applicant: Gordon Wong, GKW Architects
Property Owner: Reveal Corp.
Project Planner: Erin Walters
Requesting Approval for Construction of an Addition to a Contributing Building in the
Downtown Historic Commercial District; a Conditional Use Permit for a Restaurant Use
with Alcohol Service; Variances for Maximum Floor Area and Reduced Parking; and Site
Work Requiring a Grading Permit on Property Zoned C-2:LHP. Categorically Exempt
Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Gordon Wong, GKW Architects
- I’m the architect, and my wife Jenny will be presenting the project.
Jenny Wong, GKW Architects
- The project’s goal is to rehabilitate and preserve the existing historical building. We want
to add a place of social value and provide accessibility upgrades, which is the goal of the
exterior rear addition. We propose a quality restaurant with an outdoor deck to enhance
pedestrian orientation in the Los Gatos Central Business District and to maintain the
Town’s charm.
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MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to approve a request for construction
of an addition to a contributing building in the Downtown Historic
Commercial District, a Conditional Use Permit for a restaurant use with
alcohol service, a Variance for maximum floor area and reduced parking,
and site work requiring a Grading Permit on property zoned C-2:LHP for
25 W. Main Street. Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
OTHER BUSINESS
5. 15860-15894 Winchester Boulevard and 17484 Shelburne Way
Architecture and Site Application S-21-008
Conditional Use Permit Application U-21-010
Variance Application V-21-003
Subdivision Application M-22-008
Mitigated Negative Declaration ND-22-001
APNs 529-11-013, 038, 039, and 040
Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson
Project Planner: Sean Mullin
Requesting Approval for Demolition of One Existing Office and Four Residential
Buildings; Construction of an Assisted Living and Memory Care Facility; Variance from
the Maximum Height and Lot Coverage of the Zone; Merger of Four Lots into One; and
Removal of Large, Protected Trees on Property Zoned O. An Initial Study and Mitigated
Negative Declaration Have Been Prepared for this Project.
Jennifer Armer, Planning Manager, indicated that Item 5, 15860-15894 Winchester Boulevard
and 17484 Shelburne Way, would be rescheduled to the Planning Commission meeting of
August 9, 2023.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
None.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
General Plan Committee
Commissioner Hanssen
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MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
- The GPC met on July 20, 2023, and considered and recommended approval of the proposed
modifications to the General Plan needed to meet the requirements and for the sites that
are in the Housing Element. The next step will be for the proposed modifications to go to
the Planning Commission and Town Council.
Housing Element Advisory Board
Commissioner Hanssen
- The HEAB met on July 20, 2023, and continued the process of getting the Housing Element
approved by HCD, gave additional feedback to staff, and were informed that staff has hired
new consultants that have been successful in getting approval for Housing Elements.
- The HEAB will meet every month to review progress and will meet next in August 2023.
Historic Preservation Committee
Commissioner Burnett
- The HPC met on July 26, 2023, and considered two items, Fairview Plaza and Bella Vista
Avenue.
- Lee Quintana is the newest member of the HPC.
Commission Matters
None.
ADJOURNMENT
The meeting adjourned at 8:01 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
July 26, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
This Page
Intentionally
Left Blank
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
JULY 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
JULY 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/88098248068?pwd=eUpDTlk4Ym4xUzJJajVzdTVTNE5RQT09.
Passcode: 208442. You can also type in 880 9824 8068 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
JULY 26, 2023
7:00 PM
MEETING CALL TO ORDER
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.
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 June 28, 2023 Planning Commission Meeting
2. Draft Minutes of the July 12, 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.)
3. Requesting Approval for Modification to an Existing Subdivision Application (PRJ-97-117) on
Property Zoned HR-2½. APN 537-24-030. Located at 200 Happy Acres Road. APN 537-24-030.
Page 3
Categorically Exempt Pursuant to CEQA Guidelines Section 15315: Minor Land Divisions and
Section 15061(b)(3): Common Sense Exemption. Subdivision Application M-21-006. Property
Owner: Fred and Fereshten Toofan. Applicant: Noel Cross.
4. Requesting Approval for Construction of an Addition to a Contributing Building in the Downtown
Historic Commercial District; a Conditional Use Permit for a Restaurant Use with Alcohol Service;
Variances for Maximum Floor Area and Reduced Parking; and Site Work Requiring a Grading
Permit on Property Zoned C-2:LHP. Located at 25 W. Main Street. APN 529-01-017.
Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Architecture and Site Application S-22-039, Variance Application V-22-001, and Conditional Use
Permit Application U-23-002. PROPERTY OWNER: Reveal Corp. APPLICANT: Gordon Wong, Gkw
Architects. PROJECT PLANNER: Erin Walters.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
5. Requesting Approval for Demolition of One Existing Office and Four Residential Buildings,
Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height
and Lot Coverage of the Zone, Merger of Four Lots Into One, and Removal of Large Protected
Trees on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484
Shelburne Way. APN 529-11-013, -038, -039, and -040. Architecture and Site Application S-21-
008, Conditional Use Permit Application U-21-010, Variance Application V-21-003, Subdivision
Application M-22-008, and Mitigated Negative Declaration ND-22-001. An Initial Study and
Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property Owner:
Green Valley Corp. d.b.a. Swenson.
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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