Planning Commission
Regular MeetingLos Gatos, CA · November 8, 2023
Minutes
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
NOVEMBER 8, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, November 8, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Jeffrey Barnett, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff,
and Commissioner Emily Thomas.
Absent: Vice Chair Steve Raspe, Commissioner Susan Burnett.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
None.
PUBLIC HEARINGS
1. 501 Roxbury Lane
Fence Height Exception Application FHE-23-004.
APN 407-31-026
Property Owner/Applicant/Appellant: Jared Susoev
Project Planner: Maria Chavarin
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request to Relocate an Existing Six-Foot Tall Fence Within the
Required Street Side Yard Setback on Property Zoned R-1:8. Categorically Exempt
Pursuant to the Adopted Guidelines for the Implementation of the California
Environmental Quality Act, Section 15303: New Construction or Conversion of Small
Structures, and Section 15301: Existing Facilities.
Maria Chavarin, Assistant Planner, presented the staff report.
Opened Public Comment.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2023
Jared Susoev, Applicant/Appellant
- There is a current six-foot fence at the property, but a remodel forces us to move the
fence, and I understand any addition or fence movement is to be three-feet tall. It is my
back yard that is exposed to the foot traffic, animals, and cars going up and down More
Avenue. Existing neighborhood homes on More Avenue have six-foot tall fences abutted to
their property lines, so my fence will maintain a consistent feel with the neighborhood. My
neighbors are all in favor of me moving the fence and no one has concerns. We are at the
intersection of More Avenue and Roxbury Lane where there is a traffic problem with
teenagers driving through there recklessly. This fence adds protection from kids spinning
donuts in this intersection, which has been happening since long before I bought the
property. Safety for my family and pets is my number one concern.
Jesse Tannenbaum
- I’m the immediate next-door neighbor to the north of the subject site and we share a
property line. A short three-foot fence is not in step with the neighborhood where many
side and back yards face the roadway and have six-foot fences. There is also a safety factor
with respect to the family’s two grade school children who play in the fenced-in yard area.
I fully support the approval of a six-foot fence on the adjacent property with no objection
at all.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to grant an appeal of a Community
Development Director decision to deny a fence height exception request
and approve the fence height exception for 501 Roxbury Lane due to
special circumstance. Seconded by Commissioner Thomas.
The maker of the motion clarified that the motion would include the requirement that the
proposed six-foot fence be located starting from the end of the existing fence facing Roxbury
Lane, and then extend along More Avenue toward the rear of the lot and not be located
closer than four feet from the property line/sidewalk.
VOTE: Motion passed 3-1, with Commissioner Hanssen dissenting.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2023
2. 124 Garden Hill Drive
Fence Height Exception Application FHE-23-005
APN 424-23-084
Property Owner: Rushikesh Kulkarni
Applicant/Appellant: Martin Lettunich
Project Planner: Ryan Safty
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of a Six-Foot Tall Fence Located Within the
Required Front Yard Setback, Street Side Yard Setback, and Corner Sight Triangle on
Property Zoned R-1:8. Categorically Exempt Pursuant to CEQA Guidelines Section
15303: New Construction or Conversion of Small Structures, and Section 15301: Existing
Facilities.
Ryan Safty, Associate Planner, presented the staff report.
Opened Public Comment.
Martin Lettunich, Applicant/Appellant
- In the photograph shown on screen the portion of the fence outlined in red along the side
yard was approved and permitted, so I don’t know why all of a sudden that is not
permitted. It used to go all the way around, and then we removed the section just above
the three-foot line. The problem we have is there is absolutely no problem with viewing
any traffic or pedestrians at the site; there is plenty of room on the sidewalk. The main
issue here is there isn’t an intersecting street. Our lot abuts only one street, Garden Hill
Drive, and under most codes that is considered an interior lot, not a corner lot, so the rules
the Town is applying to the street and our property are not appropriate to begin with. As
shown in the video, there is absolutely no vision problems from the vehicle. The concern
regarding the coyote is because the owner has small children that play in the yard. The
required setback would take almost a third of the owner’s yard away. The neighbors are
supportive of the fence height, and they have the support of the definition under what the
streets are and whether or not there needs to be a traffic triangle there.
Michael
- I live on Garden Hill Drive and drive past this corner every day. I very much support the
height of this fence; in fact, when I first saw the shorter fence, I thought that it was a mar in
the vision of the neighborhood and it was strange to look into my neighbor’s back yard. I
have no concerns about visibility as I’m coming around Garden Hill Drive in either direction,
and I’m aware of the coyotes and other wild animals and agree there is a safety risk for his
family.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2023
Himanshu
- I live on Farm Hill Way, the adjoining street. I also cross this street daily and I have had not
one visibility problem on this corner, so I don’t think that’s a concern. I agree with the
concern regarding the coyotes and safety and do feel that a higher fence would be
beneficial.
Niket
- We live just across the street on Green Hill Way. I have no concerns with the height of the
fence being increased. In fact, our kids play in Rushikesh’s back yard and we get worried
with the shorter fence for our kids as well.
Nguyen Luu
- I live on Green Hill Way. I also drive through this road every day on my way to Highway 17.
When I first saw the fence one side was high and one was low, and it looked strange. The
safety concern is my car was broken into on my cul-de-sac, and two of my neighbors have
had people come into their yards and break into their cars at night, so the reality is Los
Gatos is not a safe town and it is important to feel safe living here.
Martin Lettunich, Applicant/Appellant
- One thing I want to point out is when you look at an intersecting street the corner lots are
usually on each side of that street and it forms the area that the triangle applies to; there is
no such thing on this street. There is no shoulder or curb on our side for a triangle to fit on,
and on the other side it’s the two lots that are on either side of Farm Hill Way that would
be considered corner lots. Our lot is not a corner lot.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to deny an appeal of a Community
Development Director to deny a fence height exception request for 124
Garden Hill Road. Seconded by Commissioner Hanssen.
VOTE: Motion passed unanimously.
OTHER BUSINESS
REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
Jennifer Armer, Planning Manager
The Town Council met November 7, 2023:
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 8, 2023
o Continued discussion on and creation of the Housing Element Overlay Zone with
a vote to apply it to all but one of the sites in the Sites Hnventory.
o The discussion on applying the Housing Element Overlay Zone to the site at 101
South Santa Cruz Avenue, also referenced as the post office site, was postponed
to a future meeting when further information is available.
o Adopted the Accessory Dwelling Unit Ordinance updates, choosing to retain the
parking requirements rather than the Planning Commission recommendation to
remove them, but otherwise upheld the Planning Commission’s
recommendations as well as some additional staff-recommended design
standards.
Discussion of the Story Pole Policy was initiated on August 1, 2023 and scheduled to
continue to the Town Council on December 5, 2023.
Planning Commission recruitments remain open until November 10, 2023, due at 4:00
p.m. Applications are available online through the Clerk Department. Interviews are
scheduled for December 6, 2023.
A special Planning Commission meeting is scheduled for November 15, 2023, to consider
the updated draft of the Housing Element.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 8:29 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
November 8, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
Agenda
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
NOVEMBER 08, 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
NOIVEMBER 8, 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/81889426132?pwd=RDZ0STh4dGx3SnlleHY3MkdLS3VWdz09.
Passcode: 543475. You can also type in 818 8942 6132 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
NOVEMBER 08, 2023
7:00 PM
MEETING CALL TO ORDER
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.)
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.)
1. Consider an Appeal of a Community Development Director Decision to Deny a Fence Height
Exception Request to Relocate an Existing Six-Foot Tall Fence Within the Required Street Side
Yard Setback on Property Zoned R-1:8. Located at 501 Roxbury Lane. APN 407-31-026.
Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the
California Environmental Quality Act, Section 15303: New Construction or Conversion of Small
Structures and Section 15301: Existing Facilities. Fence Height Exception Application FHE-23-
004. Property Owner/Applicant/ Appellant: Jared Susoev. Project Planner: Maria Chavarin.
2. Consider an Appeal of a Community Development Director Decision to Deny a Fence Height
Exception Request for Construction of a Six-Foot Tall Fence Located Within the Required Front
Yard Setback, Street Side Yard Setback, and Corner Sight Triangle on Property Zoned R-1:8.
Located at 124 Garden Hill Drive. APN 424-23-084. Fence Height Exception Application FHE-
23-005. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or
Conversion of Small Structures and Section 15301: Existing Facilities. Property Owner:
Rushikesh Kulkarni. Applicant/Appellant: Martin Lettunich. 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
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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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