Item 2 - Staff Report with Exhibits 1 through 6. 124 Garden Hill
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 3/13/2024
ITEM NO: 2
DATE: March 8, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: 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.
RECOMMENDATION:
Consider on remand an appeal of a denial of a fence height exception request for construction
of a six-foot tall fence 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.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential
Applicable Plans & Standards: General Plan, Residential Design Guidelines
Parcel Size: 8,712 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
CEQA:
The project is 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.
FINDINGS:
▪ The project is 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; and
▪ As required by Section 29.40.320 of the Town Code for granting a Fence Height Exception.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located at the southwestern corner of Garden Hill Way and Garden Hill
Drive, one block south of Lark Avenue and one block west of Highway 17 (Exhibit 1). The
immediate neighborhood consists of single-family residential properties.
Over the past few years, the subject property has been sold and redeveloped. On numerous
occasions over the past few years, the owners were notified about the Town’s fence height
requirements. A summary of this history was provided in the Staff Report to the Planning
Commission on November 8, 2023, as well as the Staff Report to the Town Council on January
16, 2024. The full staff report packets and meeting minutes for each hearing can be accessed
via the Town’s Agenda Center: https://losgatos-ca.municodemeetings.com/.
On August 4, 2023, following a code complaint, the Town issued an administrative warning
regarding an unpermitted six-foot tall fence at the corner of Garden Hill Drive (November 8,
2023 Planning Commission Staff Report, Exhibit 6). On September 7, 2023, the subject Fence
Height Exception application was submitted (November 8, 2023 Planning Commission Staff
Report, Exhibits 7 and 8), requesting approval to install a six-foot tall wooden fence on top of a
retaining wall along the front and street-side property lines and within the corner sight triangle.
On September 27, 2023, the Community Development Director and Town Engineer determined
that the required exception findings could not be made, and denied the request (November 8,
2023 Planning Commission Staff Report, Exhibit 9). On October 5, 2023, the owner appealed
this decision to the Planning Commission (November 8, 2023 Planning Commission Staff Report,
Exhibit 11) pursuant to Town Code Section 29.20.255.
PAGE 3 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
BACKGROUND (continued):
On November 8, 2023, the Planning Commission considered the request and voted
unanimously to deny the appeal and uphold the Community Development Director denial of
the fence height exception request (January 16, 2024 Town Council Staff Report, Attachment
3).
On November 17, 2023, the decision of the Planning Commission was appealed to the Town
Council by the owner (January 16, 2024 Town Council Staff Report, Attachment 4). On January
16, 2024, the Town Council considered the appeal. The Town Council voted unanimously to
remand the item back to the Planning Commission due to new information that the owner
provided. The Town Council noted within the motion that the owner was willing to
compromise to allow for the corner site area to be visible, and that there was no error or abuse
of discretion made by the Planning Commission (Exhibit 4).
On February 8, 2024, after meeting with staff to discuss options, the owner submitted an
updated proposal to the Town (Exhibit 5) for the Planning Commission to consider based on
discussions that occurred at the January 16, 2024 Town Council meeting.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the southwestern corner of Garden Hill Way and Garden
Hill Drive, one block south of Lark Avenue and one block west of Highway 17 (Exhibit 1).
The immediate neighborhood consists of single-family residential properties.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny a
fence height exception request within the required front yard setback, street side yard
setback, and corner sight triangle. Based on new information submitted, Town Council
remanded the application back to Planning Commission for their consideration. The
property owner has revised the exception request (Exhibit 5) from the last time Planning
Commission reviewed and denied the appeal on November 8, 2023.
PAGE 4 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
DISCUSSION:
A. Fence Height Exception
Per Town Code Section 29.40.0315, fences and gates are limited to six feet in height with
one foot of lattice on top (seven feet total), but are limited to, “three feet in height when
located within a required front or side yard abutting a street, driveway view area, traffic
view area, or corner sight triangle unless an exception is granted by the Town Engineer and
Community Development Director.” The proposed fence is limited to three feet by Code, as
it is within the required front yard setback, street side yard setback, and corner sight
triangle.
Town Code Section 29.40.0320, provided below, allows an exception to any of the fence
regulations if a property owner can demonstrate that one of the following conditions exist.
Sec. 29.40.0320. - Exceptions.
An exception to any of these fence regulations may be granted by the Community
Development Director. A fence exception application and fee shall be filed with the
Community Development Department and shall provide written justification that
demonstrates one (1) of the following conditions exist:
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if
requested or agreed upon by a majority of the adjacent residential property owners.
(b) On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors,
or hedges, behind the front yard setback, may be a maximum of eight (8) feet high
provided the property owner can provide written justification that either:
(1) A special privacy concern exists that cannot be practically addressed by
additional landscaping or tree screening; or
(2) A special wildlife/animal problem affects the property that cannot be practically
addressed through alternatives. Documented instances of wildlife grazing on
gardens or ornamental landscaping may be an example of such a problem.
(c) At public utility facilities, critical infrastructure, and emergency access locations,
exceptions may be granted where strict enforcement of these regulations will result
in a security or safety concern.
(d) A special security concern exists that cannot be practically addressed through
alternatives.
(e) A special circumstance exists, including lot size or configuration, where strict
enforcement of these regulations would result in undue hardship.
PAGE 5 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
DISCUSSION (continued):
Additionally, Town Code Section 29.40.0325 allows, “All fences, hedges, gates, and walls
existing on the effective date of this ordinance that do not meet the regulations contained
herein are nonconforming and are exempt from these regulations. Existing nonconforming
fences may be maintained and/or replaced in kind, including historic stone or river rock
walls.”
The property owner has submitted a fence height exception request to exceed maximum
allowed height of a fence within the front yard setback, street side yard setback, and corner
sight triangle. Currently, there is an unpermitted three-foot tall bamboo screen attached to
an approved three-foot tall wooden fence along the corner of the property.
As noted in the Background Section above, the owner submitted an updated and revised
request prior to the January 16, 2024, Town Council hearing (January 16, 2024 Town Council
Staff Report, Attachment 5). Following Town Council discussion and decision to remand the
appeal back to Planning Commission, the owner submitted an updated exception request
based on the Town Council comments and meetings with staff (Exhibit 5).
The owner’s exception request is now twofold: approve an exception to permit the existing
solid six-foot tall wooden fence along the front property line; and approve an exception for
a six-foot tall see through iron fence along the corner sight triangle area. Exhibit 6 includes
an image of the existing conditions, highlighting the front property line, street side property
line, and corner sight triangle.
First, the owner would like an exception to allow the existing six-foot tall wooden fence to
remain along the front property line. Per the letter provided to Town Council on January
16, 2024 (January 16, 2024 Town Council Staff Report, Attachment 5), this fence is
substantially a replacement fence of what existed previously. The previous fence was also
six feet tall and was setback approximately five feet from the property line. The current
unpermitted fence is also six feet tall, but has an approximate four-foot, five-inch setback,
seven inches closer than the previous fence. As Town Code Section 29.40.0325 allows
fences to be replaced in kind, the owner is requesting that this fence be deemed an in kind
replacement. If not, the owner would like to pursue an exception pursuant to Town Code
Section 29.40.0320 (d – Special Security Concern) or (e – Special Circumstance). Staff has
highlighted the area of this request in orange in Exhibit 6.
PAGE 6 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
DISCUSSION (continued):
Second, the owner would like an exception along the corner of the property, which entails
an exception to allow a fence taller than three feet within the required front setback, street
side setback, and corner sight triangle. The owner has amended the request per
conversations with staff and direction from Town Council so that the proposed material
along this corner be of open-view with spaced wrought iron fencing so that safety and
visibility is maintained along the street corner. Specifically, the entire three-foot solid
wooden fence portion would be removed and replaced with a six-foot tall iron fence, built
above the stone retaining wall. The iron fence pickets would be one-half inch wide and
spaced every four inches, which means the corner area would be 89 percent open view
(Attachment 5). Parks and Public Works has confirmed that they can now support this
exception to the corner sight area. The owner is requesting an exception pursuant to Town
Code Section 29.40.0320 (d – Special Security Concern) or (e – Special Circumstance). Staff
has highlighted the area of this request in blue in Exhibit 6.
The specific justification for each exception finding was detailed in the October 5, 2023,
Planning Commission report and is provided below:
For condition (d), the provided justification is as follows: “It is also a special security
concern given the fact that my client has three young children who have no place to
play outside but in that area. We see no alternative ways to address the safety of my
client’s children other than to have a tall fence to keep the children in and the coyotes
out […]. The fence at 3 feet high is not workable to avoid the threat from the coyotes.”
For condition (e), the provided justification is as follows: “My client is of East Indian
descent. He belongs to a religion which places special importance on the sun and its east
west passage through the sky. According to the tenants of his religion, he is to hold
prayer sessions on the east side of his yard. He has tried to do so, but prior to erecting
the bamboo fence, the neighbors would stop and watch his private prayer sessions with
his family. The lack of privacy with a short fence made it very difficult and
uncomfortable for my client and his family to practice their faith.”
B. Appeal Analysis
On January 16, 2024, the Town Council voted unanimously to remand the item back to the
Planning Commission due to new information that the owner provided. The Town Council
noted within the motion that the owner is willing to compromise to allow for the corner site
area to be visible, and that there was no error or abuse of discretion made by the Planning
Commission (Exhibit 4).
PAGE 7 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
DISCUSSION (continued):
On February 8, 2024, the owner submitted an updated fence proposal which addresses the
previous Town Council direction and staff’s corner sight concerns. The previous findings
and justification have not changed and are outlined in Fence Height Exception S ection of
the report above, and Parks and Public Works staff has confirmed they can support the
corner sight triangle exception in terms of sight line safety.
C. Environmental Review
The project is 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.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time of preparation of this report, no public comment has been received.
CONCLUSION:
A. Summary
The property owner is appealing the Community Development Director decision to deny a
fence height exception request within the required front yard setback, street side yard
setback, and corner sight triangle. Based on new information submitted, Town Council
remanded the application back to Planning Commission for their consideration. The
property owner has revised the exception request from the last time Planning Commission
reviewed and denied the appeal on November 8, 2023 (Exhibit 5).
B. Recommendation
Staff recommends that the Planning Commission consider the exception request based on
the new information and updated proposal as outlined in the staff report and approve the
exception request with the findings in Exhibit 2 and the conditions provided in Exhibit 3.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Grant the appeal with additional and/or modified conditions; or
3. Deny the appeal.
PAGE 8 OF 8
SUBJECT: 124 Garden Hill Drive/FHE-23-005
DATE: March 8, 2024
EXHIBITS:
1. Location Map
2. Required Findings
3. Conditions of Approval
4. January 16, 2024, Town Council Meeting Minutes
5. Updated Fence Height Exception Request, received February 8, 2024
6. Picture of Current Conditions
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Update Notes:
- Updated 12/20/17 to link to tlg-sql12 server data (sm)
- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label
- Updated 10/8/20 to add street centerlines which can be useful in the hillside area
- Updated 02-19-21 to link to TLG-SQL17 database (sm)
- Updated 08-23-23 to link to "Town Assessor Data" (sm)
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PLANNING COMMISSION – March 13, 2024
REQUIRED FINDINGS FOR:
124 Garden Hill Drive
Fence Height Exception Application FHE-23-005
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. APN 424-23-084. Categorically Exempt Pursuant to CEQA Guidelines Section
15305: New Construction or Conversion of Small Structures and Section 15301:
Existing Facilities. Property Owner/Appellant: Martin Lettunich.
Project Planner: Ryan Safty.
Required finding for CEQA:
■ The project is 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.
Required findings for granting a Fence Height Exception:
Per Town Code Section 29.40.0320, the applicant has provided written justification that
demonstrates one of the following conditions exist:
■ A special security concern exists that cannot be practically addressed through alternatives
[29.40.0320(d)].
■ A special circumstance exists, including lot size or configuration, where strict enforcement
of these regulations would result in undue hardship [29.40.0320(e)].
EXHIBIT 2
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Approval.docx
PLANNING COMMISSION – March 13, 2024
DRAFT CONDITIONS OF APPROVAL
124 Garden Hill Drive
Fence Height Exception Application FHE-23-005
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. APN 424-23-084. Categorically Exempt Pursuant to CEQA Guidelines Section
15305: New Construction or Conversion of Small Structures and Section 15301:
Existing Facilities. Property Owner/Appellant: Martin Lettunich.
Project Planner: Ryan Safty.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any intensification
beyond this authorized use requires a Conditional Use Permit amendment.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested per Section
29.20.335 of the Town Code. Reasonable extensions of time not exceeding one year may
be granted upon application, and can be granted if approved by the deciding body prior to
the expiration date. Therefore, it is recommended that applications for a time extension
be filed with the Community Development Department at least 60 days prior to the
expiration date of the approval.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding
(including without limitation any appeal or petition for review thereof) against the Town
or its agents, officers, or employees related to an approval of the Project, including
without limitation any related application, permit, certification, condition, environmental
determination, other approval, compliance or failure to comply with applicable laws and
regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to)
defend such Challenge as Town, in its sole discretion, determines appropriate, all at
applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred
by Applicant, Town, or awarded to any third party, and shall pay to the Town upon
EXHIBIT 3
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Approval.docx
demand any Costs incurred by the Town. No modification of the Project, any application,
permit certification, condition, environmental determination, other approval, change in
applicable laws and regulations, or change in such Challenge as Town, in its sole
discretion, determines appropriate, all at the applicant’s sole cost and expense. No
modification of the Project, any application, permit certification, condition, environmental
determination, other approval, change in applicable laws and regulations, or change in
processing methods shall alter the applicant’s indemnity obligation.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024 ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, January 16, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, January 16, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:02 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore,
Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Council Member Rennie led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Badame presented commendations to outgoing commissioners.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss two
items of potential litigation pursuant to Government Code Section 54956.9e(1) and to discuss
real property negotiations pursuant to Government Code Section 54956.8 and stated there was
no reportable action.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
-Vice Mayor Hudes stated he participated in the Foundation for Older Adults to Thrive
Initiatives and Publicity Committee meeting, and two Foundation for Older Adults to Thrive
Executive Committee meetings; met with a resident regarding Senate Bill 9; participated in
a Finance Commission meeting; toured the Los Altos Community Center; participated in a
Foundation for Older Adults to Thrive meeting; attended a screening of Eating Our Way to
Extinction put on by Plant Based Advocates; attended a Diversity, Equity, and Inclusion
Commission Meeting; met with Tyler Taylor of Successful Aging Solutions & Community
Consulting (SASCC); and looked at property located at 124 Garden Hill Road.
-Council Member Rennie stated he met with a Housing Element Advisory Board (HEAB)
member; attended a Silicon Valley Clean Energy Authority (SVCEA) Ad Hoc CEO Advisory
Committee meeting; met with the auditors for Valley Transportation Authority (VTA) as the
Chair of Policy Advisory Committee; had a one-on-one with the outgoing SVCEA CEO;
EXHIBIT 4
PAGE 2 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
attended a Finance Commission meeting; met with staff members of SVCEA; attended a
SVCEA Board meeting; met with the Chair of Historic Preservation Committee (HPC).
- Council Member Moore stated he attended the St. Luke’s Food Pantry; toured the Los Altos
Community Center; attended a screening of Eating Our Way to Extinction put on by Plant
Based Advocates; hosted his community coffee; met with architects, developers and
residents; attended the Heart-to-Heart Conference; attended a West Valley Sanitation
District Authority (WVSDA) meeting; stated he will host an informal happy hour.
- Council Member Ristow stated she met with two members of the HEAB; met with people
interested in applying for Town Commissions, architect Jay Plett and his client, and
residents to discuss several issues; observed the January Finance Commission meeting;
attended the St. Vincent de Paul monthly meeting; stated she is looking forward to
upcoming HEAB meeting and representing Los Gatos on the VTA Policy Advisory
Committee.
- Mayor Badame stated she participated in a meeting with Los Gatos Leaders at Hotel Los
Gatos; attended a meeting of the Finance Commission as an observer, Town Boards,
Commissions and Committees orientations, ribbon cutting of Hotel Los Gatos, and the
Leadership Los Gatos Community Connections session.
Manager Matters
- Announced a mid-cycle Board, Commission, and Committee recruitment will open soon;
stated there are two opening for the Finance Commission, one opening for the Diversity,
Equity, Inclusion, Commission for a Los Gatos business owner/resident seat, and other
opportunities will be available; and stated interviews are tentatively scheduled for March
19, 2024, at 5:00 p.m. and more information can be found on the Town Clerk webpage.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Town Council Closed Session Minutes of December 19, 2023.
2. Approve Town Council Study Session Minutes of December 19, 2023.
3. Approve Council Meeting Minutes of December 19, 2023.
4. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board.
RESOLUTION 2024-001
5. Authorize the Town Manager to Execute a Six-Year Agreement for Services with New Image
Landscape Co. for Landscape Maintenance Services for a Total Agreement Amount Not to
Exceed $846,932 Plus Allowable Increase Adjustments Made for Consumer Price Index
(CPI) Beginning in Year 2 of Contract.
6. Rescind Resolution 2023-063 and Adopt a Revised Resolution Making Determinations and
Approving the Reorganization of an Uninhabited Area Designated as Los Gatos Boulevard
No. 20, Approximately 0.521 Acres on Property Pre-Zoned R-1:8. APN 523-01-001.
Annexation Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property
Owner/Applicant: Jesus Ching and Kathleen Ban. RESOLUTION 2024-002
7. Authorize the Town Manager to Execute the Following Agreements with San José
Conservation Corps:
a. Episodic Support for Winter Storm Response in an Amount Not to Exceed $15,000 and
PAGE 3 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
b. Parks-Related Support Staffing in an Amount Not to Exceed $87,100.
8. Receive the Monthly Financial and Investment Report for November 2023.
9. Authorize the Town Manager to Negotiate and Execute a Lease Agreement with Candler
for LTFJ S Corp for 41 North Santa Cruz Avenue, in Substantially the Form Presented for a
23-Month Initial Term with One Option to Extend for an Additional 24 Months.
10. Authorize the Town Manager to Negotiate and Execute a Fifth Amendment to a Parking Lot
Lease with Frontier California Inc. (formerly Verizon), in Substantially the Form Presented,
to Extend the Lease for an Additional Five Years in an Amount Not to Exceed $363,146 Over
Those Five Years.
Rob Moore stated he will recuse himself from Item 7 due to San José Conservation Corps being
his employer.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-10. Seconded by
Vice Mayor Hudes.
VOTE: Motion passed unanimously; Council Member Moore recused from Item 7.
VERBAL COMMUNICATIONS
Chris Wiley
- Requested Council make a symbolic gesture to “bury the hatchet.”
Joseph Enz, Friends of the Los Gatos Creek
- Provided positive comments about the Town’s homeless community.
Marilee Ankaitis
- Commented on concerns with parking in the Olive Zone and on Villa Avenue and the
monitoring of the parking permits.
Phillipp Bosshard
- Commented on concerns with parking on Villa Avenue and the Olive Zone.
OTHER BUSINESS
11. Review and Discuss the Proposed Revisions to the Draft Revised 2023-2031 Housing
Element. Location: Town-Wide. General Plan Amendment Application GP-22-003.
Erin Walters, Associate Planner, presented the staff report.
PAGE 4 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
Mayor Badame opened public comment.
Chris Bajorek
- Commented on concerns with Housing Element Plan process.
Lee Quintana
- Commented on the California Department of Housing and Community Development’s
(HCD) concerns with accessibility and mobility and made suggestion for possible rezoning.
Susan Burnett
- Commented on concerns with availability of HCD staff and builders’ remedy.
Rich
- Commented on concerns with proposed project building heights, traffic, and infrastructure.
Tony Alarcon
- Commented on providing pre-approved Accessory Dwelling Unit plans, allowing boarding
houses on religious sites, and providing communal living.
Mayor Badame closed public comment.
MOTION: Motion by Vice Mayor Hudes to use the Los Altos program 6G wherever possible,
adopt the concepts and the language that are in Los Altos program (in Attachment
5). Seconded by Mayor Badame.
VOTE: Motion fails 2-3. Council Members Ristow, Rennie, and Moore voted no.
MOTION: Motion by Council Member Moore to bundle the steps to increase housing mobility
similar to Los Altos in the Town’s Housing Element, and modify program J to change
the language from “in all neighborhoods” to “in a variety of neighborhoods.”
Seconded by Council Member Ristow.
VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame voted no.
Recess 9:15 p.m.
Reconvene 9:25 p.m.
Council continued discussion on the proposed revisions to the Draft Revised 2023-2031 Housing
Element.
MOTION: Motion by Vice Mayor Hudes to address comment 1b in the Desk Item by following
the example of Los Altos Hills, specifically with table 49 and table 50. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 5 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
PUBLIC HEARINGS
12. Conduct a Public Hearing for the Town’s Transportation Impact Fee Program to:
a. Adopt a Resolution to Adopt the Transportation Impact Nexus Study Dated November
2023 (including the Project List – Appendix 1 Which Serves as the Town’s
Transportation Capital Improvement Plan); RESOLUTION 2024-003
b. Adopt a Resolution to Update a Transportation Impact Fee to Replace the Town’s
Existing Traffic Impact Mitigation Fee; RESOLUTION 2024-004
c. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”;and
d. Adopt a Resolution to Modify Town Council Policy 1-08: “Transportation Impact Policy.”
RESOLUTION 2024-005
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
Colin Corbett
- Inquired about the types of infrastructure in place.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to adopt a resolution to adopt the
Transportation Impact Nexus Study dated November 2023 (including the Project List
– Appendix 1 Which Serves as the Town’s Transportation Capital Improvement Plan)
(attachment 1); adopt a resolution to update a Transportation Impact Fee to replace
the Town’s Existing Traffic Impact Mitigation Fee (attachment 2); Introduce an
Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos
Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”
(attachment 3); and adopt a resolution to modify Town Council Policy 1-08:
“Transportation Impact Policy.” Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Mayor Badame voting no.
MOTION: Motion by Council Member Rennie to take the remaining agenda items in the
following order: 13, 17, 14, 15, 16. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
13. Weed Abatement Public Hearing to Consider Objections to the Proposed Abatement of
Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement
Program Commencement Report and Order the Abatement.
PAGE 6 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
Meredith Johnston, Administrative Technician for the Parks and Public Works Department,
presented the staff report.
Mayor Badame opened public comment.
Colin Corbett
- Objected to the fees due to purchasing the house after the inspection was complete and
conforming with the abatement after purchase.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Moore to remove 15970 Quail Hill Road from the
abatement list and move forward with the rest of the listed properties. Seconded by
Council Member Rennie.
VOTE: Motion passed unanimously.
17. Consider an Appeal of a Planning Commission Decision to Deny a Fence Height Exception
Request at 124 Garden Hill Drive for the 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. 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.
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
Rushikesh Kulkarni, applicant, gave opening comments in support of the appeal.
Rushikesh Kulkarni, applicant, gave closing comments.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to remand the item back to the Planning
Commission, with the findings that the applicant is willing to compromise that would
allow for the corner site line to be visible and direct the Planning Commission to
determine what should happen with the lower part of the fence and how to
accommodate safety concerns. AMENDMENT: Add there was no error or abuse of
discretion by the Planning Commission, the direction was based on new information
that the applicant provided a potential compromise, continue this item to a date
PAGE 7 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
certain of February 6, 2024, and direct staff to prepare a resolution to remand the
item back to the Planning Commission with findings as previously discussed.
Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
OTHER BUSINESS
14. Consider the Following Actions:
a. Receive the Information Provided in the Police Services Report: July – December 2023,
b. Authorize the Town Manager to Execute an Agreement with Meliora Public Safety
Consulting to Conduct an Organizational Assessment and Develop a Data Analysis
Toolkit in an Amount Not to Exceed $80,000, and
c. Approve an Expenditure Budget Adjustment in the Amount of $80,000 from the
Available General Fund Capital/Special Projects Reserve.
Jamie Field, Police Chief, presented the staff report.
Mayor Badame opened public comment.
MOTION: Motion by Council Member Hudes to continue the meeting to 12:15 a.m. Seconded
by Council Member Ristow.
VOTE: Motion passed unanimously.
Lee Fagot
- Commended the Los Gatos-Mote Sereno Police Department and commented on concerns
with noise levels, electric bicycle safety, and the Governor recommendation on traffic
speed enforcement.
Michael Silva
- Commented on safety concerns at the Blossom Hill Road and North Santa Cruz Avenue
intersection.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Rennie to receive the information provided in the Police
Services Report: July – December 2023, authorize the Town Manager to execute an
agreement with Meliora Public Safety Consulting to conduct an organizational
assessment and develop a Data Analysis Toolkit in an amount not to exceed $80,000,
and approve an Expenditure Budget Adjustment in the amount of $80,000 from the
available General Fund Capital/Special Projects Reserve. Seconded by Council
Member Ristow.
VOTE: Motion passed unanimously.
PAGE 8 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
15. Consider Whether the Town Should Retain a Separate Building Board of Appeals and
Provide Direction to Staff.
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to designate the Town Council to assume the
duties of the Building Board of Appeal and disband the existing board. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to extend the meeting until 12:30 p.m. Seconded
by Council Member Moore.
VOTE: Motion passed unanimously.
16. Provide Direction Regarding Potential Amendments to the Historic Preservation Committee
Ordinance and Enabling Resolution.
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Vice Mayor Hudes to adopt option two in the staff report, without the
recusal requirement. [Retain Town Code Section 29.80.255(a) which provides that
Planning Commissioners serve on the Historic Preservation Committee, revise Town
Code Section 29.80.227 to provide that the Historic Preservation Committee is
advisory in nature]. Seconded by Mayor Badame.
VOTE: Motion passed 4-1. Council Member Ristow voted no.
PAGE 9 OF 9 SUBJECT: Draft Minutes of the Town Council Meeting of January 16, 2024 DATE: January 16, 2024
ADJOURNMENT
The meeting adjourned at 12:26 a.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
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EXHIBIT 5
Corner Sight Triangle
EXHIBIT 6
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