Draft Minutes of the March 12, 2025 Planning Commission Meeting
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/26/2025
ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MARCH 12, 2025
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, March 12, 2025, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Emily Thomas, Commissioner Jeffrey Barnett, Commissioner Susan Burnett,
Commissioner Steve Raspe, Commissioner Rob Stump
Absent: Vice Chair Kendra Burch
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – February 12, 2025
MOTION: Motion by Commissioner Raspe to approve adoption of the Consent
Calendar. Seconded by Commissioner Barnett.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2. 176 Loma Alta Avenue
Architecture and Site Application S-24-042
APN 532-28-031
Applicant: Jap Plett
Property Owner: The Thornberry 2021 Revocable Trust dated November 4, 2021, and
the Donald S. Thornberry and Barbara J. Gardner Revocable Living Trust dated
December 21, 2010.
Project Planner: Maria Chavarin
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Consider a request for approval to demolish an existing single-family residence,
construct a new single-family residence to exceed floor area ratio (FAR) standards with
reduced side yard setbacks, construct an accessory structure with reduced side yard
setbacks, and site improvements requiring a Grading Permit on a nonconforming
property zoned R-1:8. Categorically exempt pursuant to the California Environmental
Quality Act (CEQA) Guidelines, Section 15303(a): New Construction or Conversion of
Small Structures. Continued from January 22, 2025.
Maria Chavarin, Planning Technician, presented the staff report.
Opened Public Comment.
Jessica Thornberry (Property Owner)
Myself with my husband Blake Thornberry own the property. There appears to be a
misunderstanding of our data, so I will walk you through the design compatibility study and let
the data speak for itself based on 16 homes in the immediate neighborhood. Our current FAR is
significantly smaller than the houses around us, and our proposed FAR has been reduced to
.386, seventh out of the 16 homes in the immediate neighborhood. Our house falls in line with
the neighborhood average with respect to square footage and FAR. Our lot size and house size
are average when compared to the neighborhood. Despite the narrow lot, the rear projection
of our home is consistent with what is found in the surrounding properties, because we have
chosen a space-efficient Italianate/Victorian design. Our setback is compatible with the
neighborhood already, but we have increased the setbacks on both sides of the property. Many
homes in the neighborhood have nonconforming setbacks and we are simply requesting to
align with the typical setback pattern, despite having the narrowest front lot. Our proposed
home is the shortest in the neighborhood and we are not asking for exceptions. We commit to
addressing the privacy concerns through fencing and landscaping at our own cost. We have
received numerous letters of support.
Gina Tuckfield
I take issue with the applicants’ accusation that their neighbors built a house with
disregard to privacy. The photo presented in the agenda packet was taken from where the new
garage would be, not where the new house would be. The applicants cut down at least eight
trees, which contribute to the lack of privacy, as well as being illegal because there was no
permit from the Town Arborist. The applicants have refused to work with neighbors regarding
window placement when the Town recommended they do so. The applicants have cited my
house at 162 Loma Alta as 30 feet in height, but our home is on a downward slope and the 30-
foot height is at the back of the house.
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Paul Tuckfield
I read the applicants’ chart of houses in the immediate neighborhood, because I wanted
to understand why they are trying to justify an extra 420 square feet, and the chart does not
agree with the Town’s own list in five cases, including my house. The Planning Commission
cannot use that chart until it is fact checked. In earlier documents the FAR code was not
computed correctly and quoted in some of the original documents, including my house. Other
errors in the document include setbacks and inconsistent application of the years the homes
were built. The applicants have chosen this process where they risk their plans being denied,
but they are making that choice and the burden of proof that they do not impact other people
is on them, but somehow it seems to be shifted to the rest of the neighborhood to prove
something. A bigger house, even if it meets the FAR without impacting, does not have to be
exacerbated by adding another 420 square feet.
Tony Alarcon
My house abuts the alley and I’m familiar with it and the water drainage issues as well,
which is a concern with this project. I am a real estate agent and have 255 Johnson Avenue
listed, which is the property adjacent to the subject property on the alley. I measured the alley
and it is 13 feet where they are at. They cut down a perfectly healthy 40-foot tree and a healthy
32-foot tree with no permit, because that is where the garage is going. The applicants are
showing data, but data can be manipulated, and I agree with Paul Tuckfield and would like that
data confirmed. The fireplace location is adjacent to a tree canopy, and this is already an
extremely high fire zone and the fireplace should be moved to a location without trees. Four-
hundred and twenty square feet of variance in size with the scale and mass of this property is
not reasonable. I urged the Commission to not approve the excess FAR ratio.
John Panighetti
I have done construction on my properties on Loma Alta twice since 1982, and both
times I had to maintain my design within the requirements for the FAR, setbacks, and height
restrictions, and I had to take neighbor considerations into account. I don’t believe we should
make any exceptions to things like FAR and setbacks. If the driveway is removed it would shove
the house over toward the properly line, so the natural setback on one side is eliminated, and
that is not reasonable. The façade is imposing and looming. Typically, taller houses in the
neighborhood are softened by a porch roof, gables, or other roofs on the second story, and I’d
like to see that in this design. The house is not a good fit design-wise, even though this is an
eclectic neighborhood, because this house needs softening in front.
Kim Couchee
I will read a letter from Winifred James, who could not be here in person. “I am the
previous owner of 176 Loma Alta Avenue and lived there for 55 years. At the time of the sale of
my home it was a given that any new owners would remodel it into two stories, and the
neighbors expected that; however, I am appalled at the size of the basement, 1,500 square feet
allowing the ADU. Where are these additional people going to park? Using the alley as the only
access for vehicle use of the garage is not practical as the alley is often blocked. I am surprised
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the Town issued permits to cut down trees on the property even before remodel plans are
approved.” I will now read my own comments. The applicant’s current plans still exceed the
FAR, amongst other variances. I ask that you take into consideration the effect on the neighbors
and listen to their concerns.
Phil Couchee
The neighbors and the Planning Commission have expressed concerns about this
project, and I urge the Commission to listen to the concerns being raised. The original submittal
was way above FAR, as is the resubmittal.
Matt Railo
I live next door to the subject site. The FAR is the big issue from our perspective.
Nothing has changed about the FAR above ground other than a one-foot movement of the
nook. That is not what the Commission intended, and it does not address the neighbors’
concerns. The mass and scale remain the same and is problematic. After the last hearing I met
with the applicant and had a nice discussion and explained what is most upsetting to us about
the plans, which is the size of the house, particularly toward the back, and he understood
clearly what they could do to reduce the mass to get our support. After three weeks we met
again and found that plans had already been submitted to the Town.
Allison Railo
At the last hearing the Planning Commission gave unanimous direction to the applicants
to propose changes and share them with the neighbors, but the most recently submitted plans
were neither shared nor discussed, and there are no noticeable changes. The applicants’
comparison of houses does not take into consideration the context and how it affects the
neighbors. There is no new evidence to change the size of the subject lot or the excessive size
of the proposed home, which still exceeds the FAR. There is no evidence that the applicants
have at any point shared proposals in response to neighbors’ concerns. At the March 2nd
meeting all that was presented to us were plans unrelated to this proposal, which is why we
had no questions for them at that meeting. The house is far too large for the lot and negatively
impacts the neighbors due to its exceptions. As at the last meeting, I am asking for reasonable
and equitable application of the guidelines and allowances.
Mary Ann Carr
I lived next door to the applicants for seven years before they moved, and they showed
amazing kindness to me. During the years we were neighbors, what impressed me the most
about this young couple was despite being working parents, they took time to become
advocates for street calming on Blossom Hill Road. Every time a young couple moves into our
neighborhood and starts remodeling our home values go up and they update our community.
Joan Gardner
I do not think the Thornberry’s have been treated fairly. The Town planners concluded
that the proposed setbacks of the subject site are compatible with the neighborhood, given the
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preponderance of nonconforming lots. The applicant’s setbacks, house size, FAR, height, and lot
size are all within the range of the neighboring homes. The applicants’ neighbors have enjoyed
the benefits of living near the smallest house in the neighborhood for many years, take the
advantages it has conferred for granted, and view it as something they are entitled to. Just prior
to the first Planning Commission meeting in January the applicant’s immediate neighbors made
objections that largely amount to wanting to deny the applicants the exceptions for their
nonconforming lot that most of their neighbors already enjoy. The Thornberry’s proposal for
their home should be approved.
Yu Chen
I walk by this site every day and the current structure is an eyesore, so I was very excited
that the applicants are going to build a new house to improve our community. The design aligns
very well with the neighborhood character, and the homeowners have worked hard to ensure
the design fits the neighborhood. The exceptions they are requesting are very similar to those
granted to other homes already. The proposed house is not the biggest in floor area or height,
and it matches the setbacks of its neighbors, so if other homeowners have benefited from
similar exceptions, why is this one being denied? Change is hard, but for our Town to thrive we
need to support development. The project simply brings the smallest home on the street up to
the neighborhood average and is a reasonable change.
Shelby Roshan
I’m here in support of the applicants, who are my former neighbors. Both properties on
either side of the subject site already exceed allowable FAR, and the applicants’ proposed home
would rate seventh out of 16 homes and is in line with the neighborhood. How can the
neighbors object when their own homes exceed those same guidelines? FAR is a guideline, not
an unbreakable rule. The Town’s regulations prioritize compatibility, and the applicants’ plan
fits seamlessly within the neighborhood.
Ayhan Mutlu
I am an immediate neighbor and I’m here to express my strong support for the revised
plans for 176 Loma Alta. The proposed home is comparable in its bulk and scale to its
immediate neighbors. I believe the applicants have made thoughtful and meaningful revisions
to address the immediate neighbors’ concerns, and worked in good faith to modify their plans
while maintaining a reasonable and well-designed home. Any two-story home in this location
would have the same impacts on its neighbors.
Wendy Squire
The applicants are wonderful people and I’m surprised by all the arguing that has gone
on, but I echo the previous speaker who said we should not create things that inhibit or damage
the enjoyment of home. I am not against having a new house built, and do not question
wanting to put a two-story house into a neighborhood that already has many two-story houses,
but I would ask the Commission to consider not only the structure of the house, but the impact
to the neighborhood.
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Fred Gerbino
I live across the street from the project and down two houses to the west. We
remodeled our small bungalow and revised our plans three times to comply with the FAR
requirements. I’m here to object to exception to the FAR. The applicant should have to comply
with the same FAR rules that we complied with. They’re entitled to seek an exemption and roll
the dice, but I see no compelling reason to grant an exception to the FAR requirements.
Thomas Valencia
I live next door to the project site. The data in the applicant’s presentation was not
compiled by an unbiased third party, and measurements were not conducted by a licensed or
qualified surveyor. The data was compiled by the applicant, and upon closer examination is
disingenuous and imprecise, predominantly skewed to support the applicant. Instead of
focusing on the impacts of this proposed project, a lot of effort was spent in finding reasons
why they deserve to make those impacts, and instead of asking the Town for exceptions to be
made, they are implying those exceptions are guaranteed. Cherry picking data as a reason for
exceptions should not be entertained. It is a slippery slope if the Town allows this type of
building mentality.
Kelly Garton
I own the property immediately adjacent to the subject site. From the beginning the
chimney and window placement have been concerns. Without story poles it was not evident,
until re-reviewing the full plans alongside the initial Staff Report, that the proposed structure
was more massive and higher than interpretable on printed plans. The chimney location
remains within the under 5-foot reduced setback, and is still proposed to be under a tree
canopy. With respect to window privacy, specifically to the master bath and bedroom, the
revised plans do not denote obscured glass nor any third-party report to confirm no impact to
these private spaces; and no offer to shift, resize, or remove a window. Although the proposed
home detrimentally shades my home and surrounding environment throughout the year, the
applicant does not find it justifiable to lower the height. Despite current California and Town
codes allowing exemptions of basement and repurpose as ADU space, the proposed home
remains well above the permissible FAR by 17 percent. All excess square footage is located
above grade and in the main residence, significantly impacting the adjacent homes.
Lisa
The Thornberrys lived next door to my mother for a decade. Despite demanding careers
and raising three young children, they prioritized their family and community involvement. The
applicants have demonstrated their commitment to neighborly collaboration by sharing their
plans door-to-door and incorporating feedback. I request the Planning Commission approve the
applicant’s proposal for a modest and tasteful home, a project that would enhance property
values and pride in Los Gatos.
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Patricia James
I live diagonally off the alleyway. I’m a big fan of FAR and believe it makes Los Gatos
special and allows us to maintain the character of the Town. I think having FAR was well
thought out, as well as our requirements to check with an arborist before removing trees, and I
ask why don’t we reject the plans that exceed FAR? It would be better for neighborly relations
not to even consider plans that exceed FAR, because in keeping to FAR we can have trees on
our properties, we have more land than we have house, and it’s why we have such a lovely
Town. This home would be just as lovely if it were 420 square feet less.
Lee Quintana
I’m a member of the Historic Preservation Committee, but I am speaking as a
community member. Cypress trees are probably the highest fire risk of any tree available to be
used. Additionally, the trees are being proposed to be placed in a setback of 5 feet, but my
understanding is there should be no vegetation between the house and 5 feet out for fire
preparedness. The issue is: keep the comparisons consistent and to what is normally looked at.
The Planning Commission compares homes two on each side and five across the street, not 16.
The FAR is not an absolute, but it is used as a guideline for what would be the absolute
maximum unless there are other circumstances. While the house meets the height and
setbacks, the length of the roofline causes it to have a much more massive appearance. The
Town’s architect stated that the massing of the house in the front was not consistent with the
neighborhood. If the FAR were brought down likely there would be no problems with the
compatibility of the home with the neighborhood. I urge the Planning Commission to not
approve the project as presented. The representation of the FAR as one-third is incorrect; that
is a FAR that is used for commercial, for other residential, it’s a sliding scale.
Blake Thornberry (Property Owner)
Two years ago, we bought this property to be closer to the downtown community and
schools, and we felt our plan for a single-family home was compatible with the houses already
in the neighborhood. Since the last meeting I spent many hours collecting data, and in many
cases, I found the data in the staff report to be outdated or incorrect, and that’s why I did it
myself. The data I collected clearly shows our proposal to be compatible with the development
on the surrounding lots, per the Town guidelines. In the context of the 15 surrounding
neighbors, our proposed home is average in lot size and height. Since the last meeting we have
reduced the square footage of our home, improved the setbacks with the neighbors, and
reduced the house height. The exceptions that the neighbors object to are all exceptions that
they enjoy themselves. I ask the Planning Commission to approve our application based on the
data and facts of our proposal, especially in the context of the existing neighborhood.
Closed Public Comment.
Commissioners discussed the matter.
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MOTION: Motion by Commissioner Barnett to deny an Architecture and Site
Application for 176 Loma Alta Avenue. Seconded by Commissioner
Stump.
VOTE: Motion passed unanimously.
3. 10 Charles Street
Fence Height Exception Application FHE-23-001
APN 532-36-022
Property Owner/Applicant/Appellant: Firouz Pradhan
Project Planner: Sean Mullin
Consider an appeal of a Community Development Director decision to deny a ence
Exception Request for an existing fence partially located in the Town’s right-of-way and
exceeding the height limitations within the required front yard and street side yard
setbacks on property zoned R-1D. Categorically exempt pursuant to CEQA Guidelines
Section 15303: New Construction or Conversion of Small Structures.
Sean Mullin, Planning Manager, presented the staff report.
Opened Public Comment.
Firouz Pradhan (Applicant/Appellant)
When construction was happening, there was a six-foot solid green fence, but we were
never informed there were concerns about visibility. When we designed the fence and home
we worked with a top rate architect, and the objective of building the fence was safety and
security, particularly because the front yard would be the grandchildren's main play area. Most
of the neighbors did not have a visibility issue, and we are working with the one neighbor who
has some concerns about tweaking the fence to address his needs and the needs of the police
officer who also had issues. I asked three or four police officers parked on Charles Street if they
had visibility concerns, and each one said no, because of the way the fence has been designed
and built. If you need to tweak the last two or three sections, we are willing to do that. With
respect to the right-of-way, we will do whatever is needed to protect the Town.
Michelle Huntley
I am the property owner at 264 Los Gatos Boulevard, which shares a properly line with
10 Charles Street. When the applicant finished his remodel, he approached me about a fence
going on Los Gatos Boulevard, and I expressed my concerns, because it is a busy road. He made
many changes to the fence and provided some spacing so I could have some visibility, because
if it were a solid fence my driveway would be a safety hazard and unusable. The fence has
affected my vehicle visibility, and pedestrians walking by cannot see me. I drive out carefully
because of this, but I have witnessed the surprise on people’s faces when they see my car,
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because they had no idea it was there. My concern going forward would be allowing an
unrestricted fence to be higher and with unrestricted materials, because someone in the future
could install a solid fence and the driveway would be unusable, and visibility at Charles Street
would be even more impacted.
Doug Olcott
I live at the very end of Charles Street and am speaking in defense of the appeal of the
denial of the exception. I have sent photo slides to the Planning Commission showing the access
to Los Gatos Boulevard, first from Charles Street, and looking left and right, and that shows the
applicant’s fence does not block any view. Traffic stops at the end of Charles Street and looks in
either direction, and again, there is no obstruction. I think the current location of the fence and
the safety provisions the Town has made are adequate, and I have not seen any accidents there
in all the time I’ve lived there, and from the time he built that fence.
Sayid Nejard (phonetic)
I live on Charles Street a couple of houses down from the applicant’s house. I don’t see
any issue with visibility from Charles Street to Los Gatos Boulevard. There is a stop sign right
there and anyone passing can be seen. When the applicant built the house, it really made the
neighborhood so much nicer; it’s a beautiful home and the fence is beautiful and very high-
quality with the lattice section that can be seen through, and I hate to see that be changed to
something else; definitely not a solid fence. I have no issues with the way the fence is now, nor
anyone in my family.
Kevin Chesney
I’ve owned the house on 2 Charles Street since 1994. The applicant is a wonderful and
kind neighbor, so I hate to come up here and talk about how dangerous that fence is. A
neighbor and I both said that fence is dangerous, and we both asked the applicant to make
changes to it, and we’ve talked about it for over a year. As a vehicle is coming out from Charles
Street and turning right, they can’t see to the left. Basically, if the Town leaves the fence there, I
am going to sue you, because it is dangerous, and the Town is doing something that puts me at
risk. I have spoken with the applicant about changes that could be made, and if he can make
those changes, I am totally fine. He needs to move it back 2-4 feet, or he needs to drop some of
those things down, but if he doesn’t make those changes, the Town will be liable, and there are
three neighbors who see it as extremely dangerous.
Firouz Pradhan (Applicant/Appellant)
I understand that Kevin has a problem, and we have spoken about lowering those two
or three sections at the corner. Our concern is safety, because when the grandkids are playing
there, it is a 26-inch fence and somebody can walk across. There have been two incidents
where someone literally knocked on the doors of the front bedroom, so safety and security are
a concern. I also totally understand that visibility is a concern. Today I drove from Whole Foods
to Charles Street to see if there are other such cases, and I came across nine homes on the
corner of Los Gatos Boulevard and side streets that had fences about 3 feet and solid, and on
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Charles itself all other three corners have the same issue, but I am willing to work with people
and resolve this issue.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment
Applicant answered Commissioner’s questions.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Barnett to continue the public hearing for 10
Charles Street to a date certain, with direction that the Appellant confer
with staff with respect to addressing the right-of-way issue and the safety
issue, and the application shall be brought back to the Planning
Commission if staff is not prepared to decide on its own.
Commissioners discussed the matter.
Commissioner Raspe requested the motion be amended to include recommendations as part
of a continuance: redesign the corner at the intersection of Los Gatos Boulevard and Charles
Street such that a possible resolution would be a 45-degree angle instead of a 90-degree
angle; as part of the conditions of approval there would be no changes in material to the
fence; plantings would not be allowed to grow along the fence line; and there would be a
redesign of the fence at the driveway section of 264 Los Gatos Boulevard to improve safety.
The maker of the motion accepted the amendment to the motion.
Seconded by Commissioner Stump.
Commissioners discussed the matter.
Chair Thomas requested the motion be amended to include recommendations as part of a
continuance: taking into consideration that there are existing trees and it is understood it
might be necessary to engineer around those trees.
The maker of the motion accepted the amendment to the motion.
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Commissioner Barnett amended the motion to adopt the Town’s visibility-at-corners
standard as one to be considered before the application is brought back to the Planning
Commission or staff for approval.
The continuance date certain was determined to be April 23, 2025.
VOTE: Motion passed unanimously.
4. 119 Harwood Court
Architecture and Site Application S-24-040
APN 527-56-027
Applicant: Gary Kohlsaat
Property Owners: Donal and Maire Conroy
Project Planner: Suray Nathan
Consider a request for approval to demolish an existing single-family residence and
construction of a new single-family residence, remove large, protected trees, and site
work requiring a Grading Permit on property zoned HR-2½. Categorically exempt
pursuant to CEQA Guidelines Section 15303(a): New Construction or Conversion of Small
Structures.
Suray Nathan, Assistant Planner, presented the staff report.
Opened Public Comment.
Gary Kohlsaat (Applicant)
This property was created from an SB 9 application and is unique because it has
frontage on two sides. Before we did the SB 9 application it was clear we would end up with a
property that had very little LRDA; thirty percent of this home is actually out of the LRDA. We
are demolishing the house, but it is more of a technical demolition with a good portion of the
existing structure left behind and banked into the hillside with the garage, and we are adding
onto that garage. We have angled the home from the existing garage construction to respond
to the contours as best as we could to create a modern home that had a significant covered
exterior entertainment area, which is in the LRDA as opposed to putting it up on the hill in the
back and cutting into the hillside and asking for more exceptions. This home is very low profile,
not visible, asks for no exceptions, is well under the FAR, and has neighbor support. The wall
exception is minor, as it is behind the home and not visible.
Gary Kohlsaat (Applicant)
To sum it up again, this home is low-profile, banked into the hillside, is well under the
FAR, we’re only removing two trees, one of which is only because of the required cut for the
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retaining walls and our OSHA cut, and one tree will not survive construction. We have the
support of our neighbors. We are also adding another home to the housing stock of Los Gatos.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to approve an Architecture and Site
Application for 119 Harwood Court. Seconded by Commissioner Burnett.
VOTE: Motion passed unanimously.
OTHER BUSINESS
REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
Joel Paulson, Director of Community Development
• The Town Council met on 3/4/25:
o Approved the Los Gatos Lodge project, which was a forwarded recommendation
from the Planning Commission.
o Remanded the 45 Reservoir Road project back to the Planning Commission.
• CAL FIRE has released updated Local Responsibility Area fire severity maps that are on
the front page of the Town’s website, and other places. They are looking for public
feedback as they go through the process with the Council ultimately adopting a new LRA
map for the Town specifically.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Burnett
- HPC met 2/26/25 to consider three items.
o A home on Wild Way that came back to the HPC because they wanted to replace
the windows.
o Another home with a total windows change.
o A home with a garage redo on the exterior.
Conceptual Development Advisory Committee
Commissioner Raspe
- CDAC met 3/12/25 to consider one matter.
o 235 Oak Meadow, a proposal to demolish an existing structure and construct a six-
story, multi-family residence.
Commission Matters
Commissioner Stump
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- Four Commissioners attended the Planning Commissioners Academy in Santa Rosa.
Particularly of interest was CEQA instruction, and a complete legislative update for 2025.
ADJOURNMENT
The meeting adjourned at 10:52 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
March 12, 2025 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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