11-11-20 PC ACTION MINUTES DRAFT
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 12/09/2020
ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
NOVEMBER 11, 2020
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, November 11, 2020, at 7:00 p.m.
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID19
pandemic and was conducted via Zoom. All planning commissioners and staff participated
from remote locations and all voting was conducted via roll call vote.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Melanie Hanssen, Vice Chair Kathryn Janoff, Commissioner Jeffrey Barnett,
Commissioner Kendra Burch, and Commissioner Reza Tavana.
Absent: None.
Chair Hanssen congratulated former Commissioners Badame and Hudes on their election to the
Los Gatos Town Council and thanked them for their service.
VERBAL COMMUNICATIONS
Councilmember-elect Matthew Hudes
- Mr. Hudes said good-bye to the Planning Commission and thanked his fellow
commissioners for being fantastic colleagues and doing a tremendous service for Los Gatos.
He also thanked the public for the interactions he has had with them and said as a
Councilmember he would continue to be available.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – October 28, 2020
MOTION: Motion by Commissioner Barnett to approve adoption of the Consent
Calendar. Seconded by Commissioner Tavana.
VOTE: Motion passed unanimously.
PAGE 2 OF 8
MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
PUBLIC HEARINGS
2. 15 Loma Alta Avenue
Architecture and Site Application S-19-023
APN 532-29-073
Applicant: Babak Homayouni
Appellants: Kelly Luoma and Rick Rutter
Property Owner: BAB Investment Group LLC
Project Planner: Jennifer Armer
Consider an appeal of a Development Review Committee decision approving a request for
demolition of an existing single-family residence and construction of a new single-family
residence with reduced setbacks on nonconforming property zoned R-1:8.
Jennifer Armer, Senior Planner, presented the staff report.
Opened Public Comment.
Kelly Luoma (Appellant)
- She lives at 45 Whitney Avenue and owns property at 111 Panighetti Place, which backs
up to her back yard, and they would be directly impacted by the proposed project. They
worked with former Los Gatos Planning Commission member James Lyon on the appeal.
They welcome the property being developed as the site is a neglected and dilapidated
fire hazard. They believe the Town's consulting architect erred in his assessment of the
neighborhood. The proposed home is not consistent with other homes in the lower
Loma Alta block and would tower over the existing homes at 19 Loma Alta and their
property at 111 Panighetti Place. Although the project is within its FAR limits it has
more mass and bulk than neighboring homes, even after the developer has made
adjustments, and is larger than 19 Loma Alta, 23 Loma Alta, and 100 Los Gatos
Boulevard and would be one of the highest in the area. They are concerned about
privacy as this project would tower over both their properties. The proposed home
would never fit into the neighborhood and would be used by others to justify new
housing projects.
Rick Rutter (Appellant)
- He lives in a vintage home at 23 Loma Alta in a section of the street that has a lot of
history and historic properties. He also wants this property to be developed, but the
development should blend into the surrounding homes. The developer has failed to
address many of the consulting architect's suggestions regarding the neighborhood.
The proposed house would tower over the neighboring homes and not be consistent
with the feel of lower Loma Alta. Neighbors in a two to three block radius have signed a
petition protesting the proposed project.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
Babak Homayouni (Applicant)
- He is the owner of 15 Loma Alta and the project designer. He and his sister/business
partner hold Master of Architecture degrees and they aim to present a well designed
structure. They have worked closely with the Town of Los Gatos over the past two years
to achieve guideline compliance. They have addressed all the Appellants' concerns. The
proposed house would not be the largest and tallest in the immediate neighborhood
and it is below the allowed height. They have utilized the site perfectly.
Will Luoma
- Their one concern is based on the civil/structural aspect of the project, because as it sits
the property compromises significantly less than the proposed development. The
footprint of the proposed structures would take up a significant portion of the property
and there has been no review related to the civil and structural aspects of the property;
it's all been about architecture. The pump systems, grading, and drainage divert all
storm water from the property towards the north end of the property, which abuts their
property.
Jim Lyon, 239 Johnson Avenue:
- He is a former member of the Planning Commission and Historic Preservation
Committee and reminded the Commission of its duty to uphold the Town ordinances
and guidance documents. This project is an assault on the historic Loma Alta
neighborhood and character of the Town. The developer intends to get in, make
money, and get out, as evidenced by the fact that they have not taken care of the
property for the past two years. The design is bad, and while it does meet FAR and
other technical aspects it is not compatible with this historic neighborhood and it does
not meet the Residential Design Guidelines.
Constance Christodulis, 100 Los Gatos Boulevard:
- She likes the vintage homes and old feel of her neighborhood. She has met with the
Applicant and design team and likes that they have tried to address neighbor concerns,
but the current modern Victorian design does not fit into the neighborhood. She does
not object to a two-story home, but she is not happy with the current design.
Trina Wong, 112 Los Gatos Boulevard and 115 Panighetti Place:
- They purchased their home because it fit into the historic neighborhood although it is
less than three years old. She would not want to see the current home on the subject
lot being replaced with the something different and advocated for it being the same as
other homes in the neighborhood.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
Ted Halunen, 116 Los Gatos Boulevard:
- The design of the proposed home would allow the future occupants to look into his
house, which would diminish his quality of life. The neighborhood is nice the way it is
and one of the reasons he moved there.
Babak Homayouni (Applicant)
- They cannot make all the neighbors happy, so legally they have to follow the Town's
guidelines and the consulting architect's recommendations, which they have done. The
neighbors feel like the house does not fit into the neighborhood, but they do not work
with feelings, they work with metrics, with the guidelines. They have changed the
design by reducing the volume, reducing the square footage, and reducing the footprint,
but after all the changes they still hear the same complaint, which is not acceptable. He
is a homeowner and has the same rights as the neighbors. The only authority he needs
to follow is the Town of Los Gatos. James Lyon has fought this project from the
beginning.
Kelly Luoma (Appellant)
- She is not a professional, she is simply a neighbor and does not expect to have her
thumb on this project in the way the developer has suggested. She is just asking that
the design review be consistent. She asked the Applicant to listen to the neighbors and
look at the homes within the radius, as a number of the neighbors would be directly
impacted by the project. She cited homes at 134 Loma Alta and 244 Loma Alta as
beautiful homes recently built that fit within the neighborhood and said all the
neighbors are asking for is a design consistent with the neighborhood. They are not
trying to stop the developer from building on this parcel, as they all want a home there,
but they only have one shot to get it right.
Rick Rutter (Appellant)
- They would love to work with the Applicant. It is more important to get the project
done right than to just get it done, because they will be stuck with the end result, and
there are so many examples in the neighborhood of how to get it right. They want the
project to be done right and to be consistent with the neighborhood.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment.
Commission questioned the Applicant.
Closed Public Comment.
PAGE 5 OF 8
MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burch to continue the public hearing for 15
Loma Alta Avenue to the meeting of January 13, 2021. Seconded by Vice
Chair Janoff.
VOTE: Motion passed unanimously.
3. 35 University Avenue
APN 529-02-044
Applicant: Amber DeMaglio
Property Owner: SRI Old Town LLC
Project Planner: Sean Mullin
Requesting a zoning consistency determination and approval of a Conditional Use Permit
(U-20-009) for a bank (Charles Schwab Community Banking and Investment Services) on
property zoned C-2:LHP:PD.
Commissioner Burch announced that she would recuse herself from participating in the
public hearing for 35 University Avenue due to conflict of interest from a
business/economic interest.
Commissioner Barnett disclosed that he had several accounts at the subject bank, but he
would be able to make an independent judgment on the application.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Jeffrey Kreshek, Sr. VP of Federal Realty (Applicant)
- They are a real estate investment firm and have owned the subject property for 23
years. Retail was undergoing changes even before the COVID-19 pandemic and is still
evolving. What is happening today in retail will not end when COVID ends. Community-
serving uses such as Schwab Bank are an important part of any vital downtown because
they are Amazon proof and customer focused. If they could find a retail tenant for their
space they would do so, but retailers today are much smaller and this space is almost
9,000 square feet and there are not a lot of large-scale users. Schwab's business has
evolved over 20 years and what they are today is a community serving bank.
Richard Zak, Regional Manager, Charles Schwab (Applicant)
- Schwab is a modern wealth management company that helps clients obtain their goals
through integrating a local branch platform along with an online and mobile platform.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
Many clients like to meet in person. They have been in Los Gatos for 20 years and have
grown dramatically.
Catherine Somers, Executive Director, Los Gatos Chamber of Commerce
- Charles Schwab is not a bank and it would be bad to allow that space to be turned into
office space. The Chamber has been working hard to bring new businesses to Town and
there is a lot of interest. The Old Town space is a gem, one of the most valuable and
beautiful in Los Gatos, and the Chamber needs to work more closely with Mr. Kreshek
and Mr. Zak to develop it as it could really be developed, perhaps divided into a couple
of spaces, or pop-up studios, but something different and cutting edge.
Jeff Kreshek, Sr. VP of Federal Realty (Applicant)
- He would be happy to speak with the Chamber of Commerce . They will be demising the
space into two spaces.
Mr. De Gerimo (phonetic)
- He is a land use attorney and former planning commissioner. The Planning Commission
has broad discretion to interpret the code as it wishes, and there is clear evidence that
Charles Schwab is a bank. There is a Capital One in downtown Walnut Creek and it is a
vibrant use, and Schwab is proposing a very similar use. The design and team they have
will bring in customers and people to the area and activate it. Federal Realty are great
operators and deserve the Commission's support given their expertise and how long
they have been there.
Richard Zak, Regional Manager, Charles Schwab (Applicant)
- He would love to give Ms. Somers of the Chamber of Commerce a tour of their branch.
They are a bank for investors and seek a branch in Los Gatos because of their growth
and history in the Los Gatos community.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment.
Commission questioned the Applicant.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Janoff to find that Charles Schwab Bank is a bank.
Seconded by Commissioner Barnett.
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MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
Commissioners discussed the matter.
VOTE: Motion passed 3-1 with Commissioner Tavana dissenting.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Janoff to approve a Conditional Use Permit for 35
University Avenue. Seconded by Commissioner Barnett.
VOTE: Motion passed 3-1 with Commissioner Tavana dissenting.
OTHER BUSINESS
4. Interim appointment of Planning Commissioners to the Historic Preservation Committee
and Conceptual Development Advisory Committee by the Chair.
Chair Hanssen announced she had made the following interim appointments:
Vice Chair Janoff and Commissioner Burch to the Historic Preservation Committee to
replace former Commissioners Badame and Hudes.
Commissioner Tavana to the Conceptual Development Advisory Committee to replace
former Commissioner Badame.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
• The Town Council will discuss the Initial Draft of the Land Use and Community Design
Elements at its November 17, 2020 meeting.
• A workshop with the General Plan Update Advisory Committee will be held on
November 19, 2020.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
General Plan Update Advisory Committee
Commissioner Hanssen
- GPAC met on November 5, 2020:
• Reviewed the first draft of the Land Use Element, with plans to have a more robust
study session in December or January before beginning to edit the document.
• A new element to the General Plan will be the Racial and Social and Environmental
Justice Element.
PAGE 8 OF 8
MINUTES OF PLANNING COMMISSION MEETING OF NOVEMBER 11, 2020
Commission Matters
None.
ADJOURNMENT
The meeting adjourned at 9:26 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
November 11, 2020 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin