Planning Commission
Regular MeetingLos Gatos, CA · September 13, 2023
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
SEPTEMBER 13, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, September 13, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Jeffrey Barnett, Commissioner Susan Burnett, Commissioner Melanie Hanssen,
Commissioner Kathryn Janoff, and Commissioner Emily Thomas.
Absent: Vice Chair Steve Raspe.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – August 23, 2023
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2. Town Wide – 2023-2031 Housing Element
Zoning Code Amendment Application 2-23-003
General Plan Amendment Application GP-23-003
Applicant – Town of Los Gatos
Forward a recommendation to the Town Council on a Request to Amend the General
Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number
(APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; amend
the General Plan land use designation of Caltrans right-of-way adjacent to 14685 Oka
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2023
Road from Low Density Residential to Medium Density Residential and from R:1-8 to R-
M:14-22, and apply the Housing Element Overlay Zone to allow for increases to the
allowable density, height, floor area ratio, and lot coverage to the sites included in the
Sites Inventory Analysis of the 2023-2031 Housing Element: APNs 424-06-116, 424-07-
116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-074, 529-24-001, 529-24-
003, and 532-07-085; 401 through 409 Alberto Way; 620 and 14000 Blossom Hill Road;
16210, 16240, 16245, 16250, 16260, and 16270 Burton Road; Caltrans right-of-way
adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los
Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925,
15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151, 16203, 16392, and
16492 Los Gatos Boulevard; 50 and 165 Los Gatos Saratoga Road; 61 Montebello Way;
14800 and 14840 Oka Road; 50 Park Avenue; 101 South Santa Cruz Avenue. An
Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan
Update on June 30, 2022, which included the proposed General Plan amendments. No
further environmental analysis is required.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Commissioner Thomas stated that she would recuse herself from participating in the public
hearing for Item 2, due to proximity to some of the subject sites.
Opened and Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to recommend Town Council approval
of the proposed General Plan and Zoning Amendments .
Commissioner Hanssen amended the motion to include language regarding the minimum and
maximum density.
Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
3. Amendments to the Town Code Regarding Accessory Dwelling Units
Town Code Amendment Application A-23-002
Applicant: Town of Los Gatos
Location: Town-Wide
Project Planner: Sean Mullin
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2023
Forward a recommendation to the Town Council on Amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding Accessory Dwelling Units. The proposed
amendments also correct outdated references to sections of the Town Code included in
sections pertaining to termination of nonconforming use status, requirements for a two-
unit development under Senate Bill 9 (SB 9), and civil penalties. The environmental
impacts of the proposed amendments to the Town Code were analyzed in the
Environmental Impact Report for the 2040 General Plan. Additionally, the proposed
amendments are exempt pursuant to CEQA, Section 15061(b)(3).
Sean Mullin, Senior Planner, presented the staff report.
Opened Public Comment.
Lee Fagot:
- I have a question on Table 1-2, Accessory Dwelling Unit Setback Requirements, including
the street side and the setback for new attached ADUs within an existing space of a primary
dwelling or accessory structure. For the rear and side it simply says, “Is sufficient for fire
and safety.” What is the definition of sufficient? Is it four feet or is it 11 feet as is the
guidance on emergency evacuation requirements for roadways and pathways?
Eric Beckstrom:
- I don’t know what the second story window was about in terms of regulations. Could you
map that out a little bit? As an architect who has worked in Europe I know that some
houses with transom windows look like they have bullet windows on the second floor. A
house is really a face and it welcomes people. I’ve worked in a lot of jurisdictions and when
those second floor windows are up high and are transoms, it takes away the humanity of
the space inside. Imagine a child with transom windows and all they see is the sky. With
taller windows they can actually see the neighbors.
Pradeep Khanel:
- I’m a resident of Los Gatos and considering converting my detached garage into an ADU in
the future. I want to understand if the new State changes have made the process stricter
or more relaxed? When I moved to Los Gatos I was told the Town was encouraging ADUs.
Is that still the sentiment or has that changed?
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to recommend Town Council approval of
amendments to Chapter 29 of the Town Code regarding Accessory
Dwelling Units, with the recommendation that parking requirements be
eliminated from the ADU Ordinance and that Table 1.2, “Accessory
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MINUTES OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 2023
Dwelling Unit Setback Requirements” included in the Addendum, be
incorporated. Seconded by Commissioner Hanssen.
VOTE: Motion passed unanimously.
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Jennifer Armer, Planning Manager
The Town Council meeting scheduled for September 19 th will include discussion on an
appeal of the Planning Commission’s approval of the Winchester assisted living project;
and a further discussion of the Housing Element work plan.
A special Housing Element Advisory Board meeting is scheduled for September 28 th.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Housing Element Advisory Board
Commissioner Hanssen
HEAB held its last monthly meeting on August 24th and continued progress to get the
Housing Element certified.
Staff met on September 5th with HCD and our consultant with experience getting
housing elements certified.
HEAB expects to see the draft Housing Element at its special meeting scheduled for
September 28th.
ADJOURNMENT
The meeting adjourned at 8:00 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
September 13, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
SEPTEMBER 13, 2023
110 EAST MAIN STREET
LOS GATOS, CA
Jeffery Barnett, Chair
Steven Raspe, Vice Chair
Susan Burnett, Commissioner
Kathryn Janoff, Commissioner PARTICIPATION IN THE PUBLIC PROCESS
Melanie Hanssen, Commissioner
Emily Thomas, Commissioner
Vacant, 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
SEPTEMBER 13, 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/84429039333?pwd=YVlBbE5OVk4rWDRHY0RmT01TUWVIZz09.
Passcode: 489660. You can also type in 844 2903 9333 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 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
SEPTEMBER 13, 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 August 23, 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 a Request to Amend the General Plan
Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-
07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan
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Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density
Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and Apply the
Housing Element Overlay Zone to Allow for Increases to the Allowable Density, Height, Floor
Area Ratio, and Lot Coverage to the Sites Included in the Sites Inventory Analysis of the 2023-
2031 Housing Element:
APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-
074, 529-24-001, 529-24-003, and 532-07-085; 401 through 409 Alberto Way; 620 and 14000
Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, and 16270 Burton Road; Cal Trans
Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue;
440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917,
14925, 15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151, 16203, 16392, and
16492 Los Gatos Boulevard; 50 and 165 Los Gatos Saratoga Road; 61 Montebello Way;
14800 and 14840 Oka Road; 50 Park Avenue; 101 South Santa Cruz Avenue. An
Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan
Update on June 30, 2022, which Included the Proposed General Plan Amendments. No
further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003
and General Plan Amendment Application GP-23-003. Applicant: Town of Los Gatos.
3. Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning
Regulations) of the Town Code Regarding Accessory Dwelling Units. The Proposed
Amendments Also Correct Outdated References to Sections of the Town Code Included in
Sections Pertaining to Termination of Nonconforming Use Status, Requirements for a Two-
Unit Development Under Senate Bill 9 (SB 9), and Civil Penalties. The Environmental Impacts
of the Proposed Amendments to the Town Code were Analyzed in the Environmental Impact
Report for the 2040 General Plan. Additionally, the Proposed Amendments are Exempt
Pursuant to CEQA, Section 15061(b)(3). Town Code Amendment Application A-23-002.
Project Location: Town Wide. Applicant: Town of Los Gatos.
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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