Planning Commission

Name: Planning Commission — Los Gatos, CA
Start: 2024-07-24T19:00:00
End: 2024-07-24T21:00:00
Location: Los Gatos, CA

Regular Meeting

Los Gatos, CA · July 24, 2024

Agenda Packet Minutes

Minutes

TOWN OF LOS GATOS PLANNING COMMISSION REPORT MINUTES OF THE PLANNING COMMISSION MEETING JULY 24, 2024 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, July 24, 2024, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 PM ROLL CALL Present: Chair Steve Raspe, Commissioner Jeffrey Barnett, 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 – June 26, 2024 2. Approval of Minutes – July 10, 2024 MOTION: Motion by Commissioner Barnett to approve adoption of the Consent Calendar. Seconded by Commissioner Mayer. VOTE: Motion passed unanimously. PUBLIC HEARINGS 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JULY 24, 2024 3. 120 Oak Meadow Drive Subdivision Application M-20-011 Planned Development Application PD-20-002 Architecture and Site Application S-22-021 APN 529-10-131 Applicant: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021) Property Owner: Marty and Penny McFarland Project Planner: Sean Mullin Requesting approval for Modification of Planned Development Ordinance 1412, subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit on property zoned O:PD. Categorically exempt pursuant to CEQA Guidelines Section 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land. Sean Mullin, Senior Planner, presented the staff report. Opened Public Comment. Terence J. Szewczyk, Applicant - This project represents the ideal creation of generational housing on one parcel, which is the intent of SB 9. We would have changed this to an SB 9 application, but the underlying zoning is Office, so we are unable to use SB 9. We ask the Planning Commission to recommend to the Town Council modification of the PD zoning to allow for this additional house. The McFarlands want to build a house for their two daughters. We have carefully sited this house for tree protection, safety, and the least impact from the driveway. We have to increase the driveway slope to get up higher to avoid damaging the base of some spectacular oak trees. Oak Meadow Drive is a private road and it would not be unreasonable for the applicants to agree to a condition to participate in road maintenance. Marty McFarland, Property Owner - We have lived on this property for over 32 years and are excited about this project and the opportunity to provide a lot to our two daughters to build a house. Our youngest daughter is a local special education teacher, and teachers don’t make a lot of money. Paul Vieth - My wife and I live across from the McFarlands and I am one of the board members of Regency Court HOA. In 1985 the McFarland’s lot was removed from the HOA except for the purposes of contributing to road maintenance, and pursuant to that agreement the HOA retains a right of architectural control over that lot. The CC&Rs go along with the deed and contain clear guidelines on architectural approval by the CC&Rs and bylaws, and PAGE 3 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JULY 24, 2024 that process has not occurred. There was never an attempt to review this with the Architectural Committee or the HOA. In October 2021, the HOA denied Mr. McFarland’s request to give up two of our seven community parking spots so he could put a driveway on the other side. The HOA also expressed that we do not want to change the view, see a house in the immediate view, or have windows facing our home, as well as several other issues. Desiree Hedberg - I am a therapist with my business adjacent to the subject property, and my concern is the construction noise could be significant and impact my business in a very negative way. My question is what the audio impact might be? Terence J. Szewczyk, Applicant - If we have overlooked the formal HOA Architectural Committee review of the plans, we will complete that. Jay Plett, Architect - The window that faces the townhomes is a bedroom window, not a place where people will gather and be looking down. The house has a 6.5-foot setback, but then there is 20 feet of parking and then a road for the townhomes, so the proposed home and its windows would be probably 30 feet away from anybody. The existing McFarland’s home is just as close to the street, and there are townhomes that almost border on the road. There is noise when anything is built, but we don’t anticipate driving piles or anything that would make excessive noise, just typical construction noise. Closed Public Comment. Commissioners discussed the matter. Opened Public Comment. Commissioners asked questions of the applicant. Closed Public Comment. MOTION: Motion by Chair Raspe to continue the public hearing for 120 Oak Meadow Drive to a date uncertain. Seconded by Commissioner Janoff. VOTE: Motion passed unanimously. REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT PAGE 4 OF 4 MINUTES OF PLANNING COMMISSION MEETING OF JULY 24, 2024 Jennifer Armer, Planning Manager  The Planning Commission meeting of August 14, 2024 will be cancelled due to lack of items.  This is the final meeting for Commissioner Janoff and Commissioner Mayer. Staff thanked them for their service to the Town of Los Gatos. SUBCOMMITTEE REPORTS/COMMISSION MATTERS Historic Preservation Committee Commissioner Burnett - The HPC met on July 24, 2024. Commission Matters Chair Raspe - This will be the final Planning Commission meeting for Commissioner Janoff and Commissioner Mayer. The Planning Commission thanks them for their work over the years. - Planning Manager Jennifer Armer will be leaving the Town of Los Gatos. Ms. Armer has served with the Town for nine years and the Town wishes her the best. ADJOURNMENT The meeting adjourned at 7:49 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the July 24, 2024 meeting as approved by the Planning Commission. _____________________________ /s/ Vicki Blandin

Agenda

TOWN OF LOS GATOS PLANNING COMMISSION AGENDA JULY 24, 2024 110 EAST MAIN STREET TOWN COUNCIL CHAMBERS 7:00 PM Steven Raspe, Chair Emily Thomas, Vice Chair Jeffrey Barnett, Commissioner Susan Burnett, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, Commissioner Adam Mayer, 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 www.LosGatosCA.gov/TownYouTube. 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/81645891317?pwd=wrgQb3GkmAlZ6yjQUeTI32JVxoaQ1w.Ez2GzYS-AE_xUGfC. Passcode: 747001. You can also type in 816 4589 1317 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join and use passcode 747001. 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 planning@losgatosca.gov 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 planning@losgatosca.gov 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 June 26, 2024 Planning Commission Meeting 2. Draft Minutes of the July 10, 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.) 3. Requesting Approval for Modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. Located at 120 Oak Meadow Drive. APN 529-10-131. Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land. Property Owner: Marty and Penny McFarland. Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021). Project Planner: Sean Mullin. 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) 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]. 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 Page 2

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