04-27-22 Minutes - PC
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
APRIL 27, 2022
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, April 27, 2022, at 7:00 p.m.
This meeting was conducted utilizing teleconferencing and electronic means consistent with
Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state
of emergency relating to COVID-19 and enabling teleconferencing accommodations by
suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code §
54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, 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 PM
ROLL CALL
Present: Chair Melanie Hanssen, Vice Chair Jeffrey Barnett, Commissioner Kylie Clark,
Commissioner Kathryn Janoff, Commissioner Steve Raspe, and Commissioner Emily Thomas
Absent: Commissioner Reza Tavana
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – April 13, 2022
MOTION: Motion by Vice Chair Barnett to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
PAGE 2 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
PUBLIC HEARINGS
2. 280 Carlton Avenue
Minor Residential Development Application MR-22-002
APN 424-16-067
Applicant: Shlomi Caspi
Property Owners: Rada and Mihailo Despotovic
Project Planner: Savannah Van Akin and Ryan Safty
Requesting approval for construction of a second-story addition to an existing single-
family residence on property zoned R-1:8.
Savannah Van Akin, Assistant Planner, presented the staff report.
Opened Public Comment.
Mihailo Despotovic, Property Owner
- Our family of four has lived at 280 Carlton for 11 years. We are quiet and excellent
neighbors and are truly vested in our neighborhood. We plan to live in our home at least
until our children leave home. Our remodel goal is to add two bedrooms and a bathroom
for our children on the second floor. We are building up because our lot is very small, and
our backyard is already used for our kids’ activities. Neighborhood privacy is very important
to us. Our roof is as low as possible to be functional, 6 feet lower than required. We would
be adding only a partial second floor with as little as possible added square footage. Our
remodel does not expand toward any neighbors, and we are actually retracting some of our
second floor walls. We have met many times with Town planners, the Town arborist, and
have tried communicating in person with neighbors multiple times.
Sasha Shkolnik, 235 Carlester Drive
- I live behind the subject site. The applicants did talk to us in person in the beginning and
provided plans. The applicant’s architect was our architect as well, so I trusted the
applicants because I know how creative he is. When the story poles went up I was shocked,
because as proposed two large windows would look into my bedroom, my children’s
bedroom, and our back yard. I support the applicant’s second story, but privacy is my
biggest concern. The applicant has suggested we plant trees for screening, but it would
take several years for them to grow and their health cannot be ensured. Although the
applicants have proposed a fence, it could not be tall enough to provide privacy. My
proposal is the applicants use the existing windows they already have on the side as egress
windows and get light from skylights or windows that are 5-6 feet above the floor.
Mihailo Despotovic, Property Owner
- With respect to privacy, there are no code violations, but we are willing to be open. We
want everyone to be happy with the outcome. There are three two-story homes very close
PAGE 3 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
to our house, one across the street. There are 20 two-story houses in the neighborhood
and none have visible privacy measures such as weird windows, nothing raised, and no
screening trees. The Town arborist has suggested industry-standard privacy trees that grow
2-3 feet per year to over 30 feet tall, and are evergreen and opaque year round. I hope we
can find a compromise that would not completely destroy our plans and that will also make
the neighbors happy.
Shlomi Caspi, Architect/Applicant
- Between the two bedrooms upstairs, one already has the egress window, which is the
larger of the two windows facing the side patio area. Yes, we can switch between the
windows, but it will end up with a situation where the bigger window is actually closer,
because it will be only 8 feet from the property line, but while facing the back it is
approximately 25 feet from the property line.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to approve a Minor Residential
Development Application for 280 Carlton Avenue, with the requirement
that the applicant plant trees along the rear property line as designated
by the Town arborist. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
OTHER BUSINESS:
3. Draft Proposed Capital Improvement Program Budget for Fiscal Years 2022/23 –
2026/27.
WooJae Kim, Town Engineer, presented the staff report.
Opened Public Comment.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to recommend approval of the Capital
Improvement Program Budget as presented to the Town Council.
Seconded by Commissioner Thomas.
PAGE 4 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
VOTE: Motion passed unanimously.
4. Review and make recommendations on the Draft 2040 General Plan and Final
Environmental Impact Report to the Town Council. Continued from the April 25, 2022
Special Meeting.
Jennifer Armer, Planning Manager, presented the staff report.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend the changes in the
Land Use Element outlined in Exhibit 7 as Items 21, 33, 34, and 40 (as an
implementation program). Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to remove housing from the Office and
Service Commercial designations.
Commissioners discussed the matter.
Seconded by Commissioner Clark.
Commissioners discussed the matter.
Commissioner Janoff amended the motion to include considering reducing the maximum
allowed density in the Low Density Residential and Medium Density Residential designations
to a number that still supports missing middle housing, but lowers the numbers.
Commissioners discussed the matter.
The seconder of the motion accepted the amendment to the motion.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to continue the hearing until 11:30pm.
Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
PAGE 5 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF APRIL 27, 2022
VOTE: Motion failed 3-3 due to a tie vote with Commissioners Thomas, Raspe,
and Barnett dissenting.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Clark to use Commissioner Janoff’s original
motion, to remove 313 housing units from Office and Service Commercial
designations. Seconded by Commissioner Thomas.
Commissioners discussed the matter.
Commissioner Clark amended the motion to include two additional changes: 1) reverting the
properties in the new Community Commercial designation back to Neighborhood
Commercial, which would have a reduction of 58 units; and 2) reducing the Central Business
District by 67 units.
The seconder of the motion accepted the amendment to the motion.
Commissioners discussed the matter.
Commissioner Clark withdrew the motion.
MOTION: Motion by Chair Hanssen to continue the public hearing regarding Draft
2040 General Plan and Final Environmental Impact Report to a date
certain of May 2, 2022. Seconded by Commissioner Raspe.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 11:35 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 27, 2022 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin