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Planning Commission

Regular Meeting

Los Gatos, CA · March 13, 2024

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING MARCH 13, 2024 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, March 13, 2024, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 PM ROLL CALL Present: Chair Steve Raspe, Commissioner Susan Burnett, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and Commissioner Adam Mayer. Absent: Vice Chair Emily Thomas. PLEDGE OF ALLEGIANCE VERBAL COMMUNICATIONS None. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approval of Minutes – February 28, 2024 MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Janoff. VOTE: Motion passed unanimously. PUBLIC HEARINGS 2. 124 Garden Hill Drive Fence Height Exception Application FHE-23-005 APN 424-23-084 Property Owner/Appellant: Rushikesh Kulkarni Project Planner: Ryan Safty Consider on remand an Appeal of a Denial of a Fence height Exception Request for Construction of a 6-Foot-Tall Fence Located Within the Required Front Yard Setback, Street Side Yard Setback, and Corner Sight Triangle on Property Aoned R-1:8. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2024 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. Rushikesh Kulkarni - We have reached a point of consensus between the Planning Department and myself and believe we can achieve a happy medium where my security concerns as a parent of two toddlers who play in that side of the yard can be addressed. One concern is coyote sightings in the neighborhood, leading to the need for a 6-foot-high fence, as well as an occasion where a dog jumped the fence into our yard. We erected the bamboo fence as a temporary arrangement. I believe we have addressed all concerns the Planning Commission and Public Works had. If the appeal is granted, we will remove the solid fence and install the wrought iron fence as shown in the plans. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to grant an Appeal of a Denial of a Fence Height Exception for construction of a 6-foot-tall fence located within the required front yard setback, street side yard setback, and corner sight triangle on property zoned R-1:8 for 124 Garden Hill Drive with the Special Circumstance finding in Town Code Section 29.40.0320(e)) for the configuration of the property and lack of a rear yard. Seconded by Commissioner Burnett. VOTE: Motion passed unanimously. 3. 666 North Santa Cruz Avenue Conditional Use Permit Application U-22-004 APN 529-10-141 Property Owner/Applicant: Samir Dave, HDLM Associates Project Planner: Jocelyn Shoopman Requesting Approval of a Modification to an Existing Conditional Use Permit for a Convenience Market that Includes the Sale of Beer and Wine at an Automobile Service Station on Property Zoned C-1. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2024 Jocelyn Shoopman, Associate Planner, presented the staff report. Opened Public Comment. Kurt Wagenknecht, K12 Architects - It is common today to have beer and wine sales within convenience stores and most of them provide chilled beer and wine, which is a competitive sale item. Gary Fowler - I’ve been in Town for 36 years and know Sam and his family. He is a hardworking businessperson and a really good guy, and he and his family run a great business. I don’t go to Sam’s convenience store for beer or wine, but I run in for milk or eggs, as will the 500 new residents of the North Forty and the 500 members of the Los Gatos Lodge. There are only two other convenience stores in town, and with limited parking. I think Sam has a great idea. Eric Monsef - I grew up in Los Gatos and have known Sam for 15 years. Sam is a person I can rely on as a friend and a neighborhood helper. Sam, his family, and his business are one of the anchors of the community. That particular location serves as a visual gateway to the town, so having a person and business of such integrity there is a big upgrade to the Town. Closed Public Comment. Commissioners discussed the matter. MOTION: Motion by Commissioner Hanssen to approve a modification to an existing Conditional Use Permit for a convenience market that includes the sale of beer and wine at an automobile service station on property zoned C-1 with a modification of Condition 5 to modify the hours of operation to 6:00 a.m. to 10:00 p.m. Monday through Friday and 7:00 a.m. to 10:00 p.m. Saturday and Sunday. Seconded by Commissioner Janoff. VOTE: Motion passed unanimously. OTHER BUSINESS REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT Jennifer Armer, Planning Manager  The Town Council met March 5, 2024: PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 13, 2024 o Discussed the Housing Element and approved a motion to move forward with the process. The Draft Housing Element is currently in the seven-day public review period with the goal of submitting it to HCD on March 18, 2024. o An appeal of Planning Commission approval of the new home at 212 Thurston Street was considered. The Town Council denied the appeal and upheld the Planning Commission’s decision. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Burnett - The HPC met March 13, 2024 and considered three items. o Two items had returned to the Committee for a final resolution, which was accomplished. o The third item was alterations to a storefront on a pre-1941 building on North Santa Cruz Avenue. ADJOURNMENT The meeting adjourned at 7:47 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the March 13, 2024 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA MARCH 13, 2024 110 EAST MAIN STREET TOWN COUNCIL CHAMBERS 7:00 PM Steven Raspe, Chair Emily Thomas, Vice Chair Susan Burnett, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, Commissioner Adam Mayer, Commissioner Vacant, Commissioner 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 . PARTICIPATION The public is welcome to provide oral comments in real-time during the meeting in three ways:  Zoom webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatosca- gov.zoom.us/j/85000029016?pwd=BuPVC4VpZMmMtrZ4LtzvzeLNduTFOA.44VYRFyFnv7Yti5c. Passcode: 823209. You can also type in 850 0002 9016 in the “Join a Meeting” page on the Zoom website at and use passcode 823209. 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.  Telephone: Please dial (877) 336-1839 US Toll-free or (636) 651-0008 US Toll. (Conference code: 686100). If you are participating by calling in, press #2 on your telephone keypad to raise your hand.  In-Person: Please complete a “speaker’s card” located on the back of the Chamber benches and return it to the Vice Chair before the meeting or when the Chair announces the item for which you wish to speak. NOTES: (1) Comments will be limited to three (3) minutes or less at the Chair’s discretion. (2) If you are unable to participate in real-time, you may email to the subject line “Public Comment Item #__” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” All comments received will become part of the record. (3) Deadlines to submit written public comments are: 11:00 a.m. the Friday before the Planning Commission meeting for inclusion in the agenda packet. 11:00 a.m. the Tuesday before the Planning Commission meeting for inclusion in an addendum. 11:00 a.m. on the day of the Planning Commission meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to no later than 3:00 p.m. on the day of the Planning Commission meeting. Page 1 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 (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Planning Commission acts on the consent agenda, any member of the public Commission may request that any item be removed from the consent agenda. At the Chair’s discretion, items removed from the consent calendar may be considered either before or after the Public Hearings portion of the agenda.) 1. Draft Minutes of the February 28, 2024 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. Consider on Remand an Appeal of a Denial of 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/Appellant: Rushikesh Kulkarni. Project Planner: Ryan Safty. 3. Requesting Approval of a Modification to an Existing Conditional Use Permit for a Convenience Market that Includes the Sale of Beer and Wine at an Automobile Service Station on Property Zoned C-1. Located at 666 North Santa Cruz Avenue. APN 529-10- 141. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Conditional Use Permit Application U-22-004. Property Owner/Applicant: Samir Dave, HDLM Associates. Project Planner: Jocelyn Shoopman. OTHER BUSINESS 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) Page 2 ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834. Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104] 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. Planning Commission meetings are broadcast Live on KCAT, Channel 15 (on Comcast) on the 2nd and 4th Wednesdays at 7:00 p.m. Live and Archived Planning Commission meetings can be viewed by going to: www.LosGatosCA.gov/TownYouTube Page 3 This Page Intentionally Left Blank

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