07-26-2023 Minutes - PC (PDF)
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
JULY 26, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, July 26, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Jeffrey Barnett, Vice Chair Steve Raspe, Commissioner Susan Burnett,
Commissioner Kylie Clark, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and
Commissioner Emily Thomas.
Absent: None.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
Rigo Gallardo, Carpenters Local 405
- I advocate for area labor standards including: a livable wage; accessible healthcare;
accredited apprenticeship programs; opportunity for local hire; and addressing
unacceptable exploitation of workers by general contractors hired by developers with tax
fraud and wage theft.
Albert Lestre, Carpenters Local 405
- I’m also with Carpenters Local 405. Cities that have implemented these standards are
Redwood City, Menlo Park, and Foster City. Berkeley has implemented hard hats and
helmets for the workers, and ensures all workers have a certain amount of money and
healthcare on every project.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – June 28, 2023
2. Approval of Minutes – July 12, 2023
MOTION: Motion by Commissioner Clark to approve adoption of the Consent
Calendar. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
PAGE 2 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
PUBLIC HEARINGS
Chair Barnett indicated that he would recuse himself from participating in the public hearing
for Item 3, 200 Happy Acres Road, based on actual or potentially perceived conflicts of
interest due to his friendship and past professional relationship with the Applicant’s attorney,
Mr. Hechtman, who has written a letter concerning the request on this item.
3. 200 Happy Acres Road
Subdivision Application M-21-006
APN 537-24-030
Applicant: Noel Cross
Property Owner: Fred and Fereshten Toofan
Project Planner: Jocelyn Shoopman
Requesting Approval for Modification to an Existing Subdivision Application (PRJ-97-117)
on Property Zoned HR-2½. Categorically Exempt Pursuant to CEQA Guidelines Section
15315: Minor Land Divisions, and Section 15061(b)(3): Common Sense Exemption.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Opened Public Comment.
Noel Cross, Applicant/Architect with Bart Hechtman, Land Use Attorney
- This item is unusual in that we’re not here to approve a new residence, we are asking for
approval of revised conditions for a parcel that was subdivided and recorded over 20 years
ago. The original conditions of approval required a cul-de-sac and fire department
turnaround at the end of Happy Acres Road at the bottom of the property, which required
paving over the creek and installing a long drainage culvert. We have redesigned the
roadway and placed the cul-de-sac and turnaround in a more environmentally acceptable
location at the top of the property. Both immediate neighbors have signed letters allowing
this ingress easement to be used for emergency vehicle access and allowing for the tree
removals. The new design keeps grading to a minimum. An arborist report and slope
stability study support the project. We support the staff report with the one request to
alter the fire department language. The language proposed by the fire department could
be interpreted as an agreement by the owners to give up their right to appeal as a
condition of this approval, even before they get to the house approval. We want to avoid
any dispute and to make it abundantly clear that the condition parallels the language of
the ordinance. Both include the right to appeal what we feel is an unjust, unfair, or illegal
condition.
Closed Public Comment.
PAGE 3 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to approve a modification to an
existing Subdivision Application on property zoned HR-2½ for 200 Happy
Acres Road. Seconded by Commissioner Janoff.
Commissioner Janoff requested the motion be amended to include the applicant’s proposed
changes to Condition #16 that are not currently in Exhibit 3.
The maker of the motion accepted the amendment to the motion.
VOTE: Motion passed unanimously.
Chair Barnett returned to the meeting.
4. 25 W. Main Street
Architecture and Site Application S-22-039
Variance Application V-22-001
Conditional Use Permit Application U-23-002
APN 529-01-017
Applicant: Gordon Wong, GKW Architects
Property Owner: Reveal Corp.
Project Planner: Erin Walters
Requesting Approval for Construction of an Addition to a Contributing Building in the
Downtown Historic Commercial District; a Conditional Use Permit for a Restaurant Use
with Alcohol Service; Variances for Maximum Floor Area and Reduced Parking; and Site
Work Requiring a Grading Permit on Property Zoned C-2:LHP. Categorically Exempt
Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Gordon Wong, GKW Architects
- I’m the architect, and my wife Jenny will be presenting the project.
Jenny Wong, GKW Architects
- The project’s goal is to rehabilitate and preserve the existing historical building. We want
to add a place of social value and provide accessibility upgrades, which is the goal of the
exterior rear addition. We propose a quality restaurant with an outdoor deck to enhance
pedestrian orientation in the Los Gatos Central Business District and to maintain the
Town’s charm.
PAGE 4 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to approve a request for construction
of an addition to a contributing building in the Downtown Historic
Commercial District, a Conditional Use Permit for a restaurant use with
alcohol service, a Variance for maximum floor area and reduced parking,
and site work requiring a Grading Permit on property zoned C-2:LHP for
25 W. Main Street. Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
OTHER BUSINESS
5. 15860-15894 Winchester Boulevard and 17484 Shelburne Way
Architecture and Site Application S-21-008
Conditional Use Permit Application U-21-010
Variance Application V-21-003
Subdivision Application M-22-008
Mitigated Negative Declaration ND-22-001
APNs 529-11-013, 038, 039, and 040
Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson
Project Planner: Sean Mullin
Requesting Approval for Demolition of One Existing Office and Four Residential
Buildings; Construction of an Assisted Living and Memory Care Facility; Variance from
the Maximum Height and Lot Coverage of the Zone; Merger of Four Lots into One; and
Removal of Large, Protected Trees on Property Zoned O. An Initial Study and Mitigated
Negative Declaration Have Been Prepared for this Project.
Jennifer Armer, Planning Manager, indicated that Item 5, 15860-15894 Winchester Boulevard
and 17484 Shelburne Way, would be rescheduled to the Planning Commission meeting of
August 9, 2023.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
None.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
General Plan Committee
Commissioner Hanssen
PAGE 5 OF 5 MINUTES OF PLANNING COMMISSION MEETING OF JULY 26, 2023
- The GPC met on July 20, 2023, and considered and recommended approval of the proposed
modifications to the General Plan needed to meet the requirements and for the sites that
are in the Housing Element. The next step will be for the proposed modifications to go to
the Planning Commission and Town Council.
Housing Element Advisory Board
Commissioner Hanssen
- The HEAB met on July 20, 2023, and continued the process of getting the Housing Element
approved by HCD, gave additional feedback to staff, and were informed that staff has hired
new consultants that have been successful in getting approval for Housing Elements.
- The HEAB will meet every month to review progress and will meet next in August 2023.
Historic Preservation Committee
Commissioner Burnett
- The HPC met on July 26, 2023, and considered two items, Fairview Plaza and Bella Vista
Avenue.
- Lee Quintana is the newest member of the HPC.
Commission Matters
None.
ADJOURNMENT
The meeting adjourned at 8:01 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
July 26, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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