04-26-2023 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 26, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, April 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 Melanie Hanssen, Commissioner Kathryn Janoff, and Commissioner Emily
Thomas
Absent: Commissioner Kylie Clark
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – March 22, 2023
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
OTHER BUSINESS
4. Draft Proposed Capital Improvement Program Budget for Fiscal Years 2023/24 –
2027/28
Nicolle Burnham, Director of Parks and Public Works, presented the staff report.
Opened Public Comment.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
Lee Fagot
- I believe the new Highway 17 Bicycle and Pedestrian Bridge should be delayed because the
State and Caltrans are doing Highway 17 widening proposals and looking to redo the
Blossom Hill Bridge over Highway 17, which does not meet State requirements. If we put in
our own separate bicycle and pedestrian bridge, we’ll be competing with Caltrans for
funding and to have a separate entrance and exit around that area . This project should be
delayed until we better understand what will happen with the funding for Caltrans to work
on the Route 9 and Highway 17 interchange, the Blossom Hill Road new bridge, and see if
we can collaborate with the State and include a better bicycle and pedestrian overcrossing
as part of that new construct.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to forward a recommendation of approval to
the Town Council for the Draft Proposed Capital Improvement Program
Budget for Fiscal Years 2023/24 – 2027/28. Seconded by Commissioner
Janoff.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2. Land Use and Economic Recovery Amendments of the Town Code
Town Code Amendment Application A-23-001
Project Location: Town Wide
Applicant: Town of Los Gatos
Forward a recommendation to the Town Council on Land Use and Economic Recovery
Amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding personal
service businesses, bars, markets, banks, financial services, formula retail, group classes,
veterinarians, offices, and definitions. The proposed amendments to the Town Code are
not considered a project under the California Environmental Quality Act.
Sean Mullin, Senior Planner, presented the staff report.
Opened Public Comment.
Catherine Somers, Los Gatos Chamber of Commerce
- The June 2020 Economic Recovery Resolution created flexibility and increased
opportunities for businesses and the Chamber supports almost all of staff’s
recommendations relating to making it permanent, with a few exceptions: 1) We request
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
the Town take a closer look at the language around specialty retail and how it might relate
to the coffee industry. The discretion provided by the Development Review Committee
would be appropriate to guide any newly proposed coffee businesses in the C -2 zone; 2)
Formula Retailers 6,000 square feet was a policy meant to regulate larger box retail. There
are some spaces in the commercial C-2 zone that would benefit from marketability of what
would be considered a formula use as an approved use within the zone. There are leases,
building size, and other constraints that self-regulate the concern of overly competitive big
box retailers entering the market. The notion of formula retail is antiquated with the
changing landscape of retail, and we want to welcome a few quality retailers to bolster our
shopping experience and gain tax revenue. We suggest eliminating this limitation
completely; 3) We think the definition of banks and financial institutions need s to be more
straightforward if offices on the ground floor are not desired.
Bess Wiersema, Studio3 Design
- In addition to Studio3 I own another business called Shop the Studio, a trade-only
showroom. I concur with Ms. Somers and the Chamber, because I hear it from my own
clients at Studio 3 who are looking to have work done on their homes or are building
homes, as well as many other architects and designers that use the trade showroom, that if
downtown is vital it is easier for them to get clients to come and visit and stay and the
more Los Gatos can establish itself as a boutique destination without big box stores, but
ones that fit at the more niche level taking up only 10,000 square feet or less. I encourage
the Planning Commission to let the architecture and footprint of the space do the talking
and create a space that could become something besides the same old stuff we see
downtown.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Personal Service Businesses as a Permitted Use in the C-2 and
O Zones. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Bars, Markets, and Other Miscellaneous Commercial
Businesses, subject to the change in the definition of specialty food retail
by deleting the word “coffee” in the phrase “coffee/slash tea houses”
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
and inserting language specifically excluding coffee houses from the
definition of specialty food retail. Seconded by Commissioner Hanssen.
The seconder of the motion requested the motion be amended to request that staff do the
additional research discussed before going to Town Council to ensure no uni ntended
consequences.
The maker of the motion accepted the amendment to the motion.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Banks and Financial and Investment Services, subject to the
change in the definition of retail bank by inserting the word “cash” in
front of the phrase “deposit/withdrawals.” Seconded by Commissioner
Janoff.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Formula Retail Greater Than 6,000 Square Feet. Seconded by
Commissioner Thomas.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Chair Raspe to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
regarding Group Classes in the C-2 zone. Seconded by Commissioner
Janoff.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
MOTION: Motion by Commissioner Thomas to forward to the Town Council a
recommendation of adoption of amendments to the Town Code
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
regarding Veterinarians in the C-1 Zone. Seconded by Commissioner
Burnett.
VOTE: Motion passed unanimously.
3. Modifications to the Town Height Pole and Netting Policy
Project Location: Town Wide
Applicant: Town of Los Gatos
Forward a recommendation to the Town Council on modifications to the Town Height
Pole and Netting Policy for Additions and New Constructio n. The proposed
amendments to Town policy are not considered a project under the California
Environmental Quality Act.
Jennifer Armer, Planning Manager, presented the staff report.
Opened Public Comment.
Bess Wiersema, Studio3 Design
- I am here representing architects Gary Kolhsaat, Tony Jeans, Tom Sloan, Jennifer
Kretschmer, Louis Leu, Noel Cross, and Jay Plett. We strongly disagree that story poles are
helpful, and actually believe they are more hurtful and are an outdated method for
displaying and explaining a project. We live in a time where 3-D can be done and pinned to
a height requirement or to a pole, and it shows the finished project. Story poles do not
convey anything that exists in the character of how we are supposed to desig n homes as
architects. Massing can be better seen in 3-D models, which are more useful in terms of
creating neighborly conversation and are more realistic. Story poles that sit in hillsides do
not show things like retaining walls, terraced hillsides, and grading on the site, so often the
interpretation of what we consider massing is irrelevant to what it actually is in the long
run. We are also concerned about the way story pole plans are reviewed in Los Gatos,
which is different than other jurisdictions, is time consuming, and requires more rounds of
revisions. In an effort to streamline the process we ask the Planning Commission to trust
the professionals who are putting them up and putting together a certified letter. A basic
story pole package including plans for a regular new home in Los Gatos costs $20,000,
which would be better spent on beautiful architectural details, especially if the house
meets the design guidelines and the neighbors are not contesting it.
Catherine Somers, Los Gatos Chamber of Commerce
- Ms. Wiersema was correct in stating that we used to rely on story poles, but now there are
so many new tools, and I believe we need to find ways to engage the public so they can
utilize those tools. I believe story poles are causing impediments, and I represent many
members of the Chamber of Commerce who are architects and builders and are frustrated
with this process. I urge the Planning Commission to consider coming up with other
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
options so they can work through these building processes more quickly and efficiently,
because it causes strain and concern on the part of the architects, builders, and
homeowners, and causes constraints to the Building Department because we’re spending a
lot of time on some of these residential homes that are pretty easy, and then we have a lot
of commercial projects also. We need to accept and acknowledge that the architects know
what they’re talking about, and if they say that story poles are obsolete and there are other
ways of sharing their designs with the public, they should be able to do it that way.
Don Capobres, Harmonie Park Development
- I’ve worked on the North Forty project in Los Gatos for over 15 years . In the context in
which we were required to implement it, the Town’s story pole policy is an anti-housing
development tool. Requiring story poles creates unnecessary tension within the
community and can create false expectations about the Town’s ability to deny or modify
design elements such as height or massing that are consistent with the Town’s
development standards and create unnecessary opposition to projects that are legally
entitled to move forward. The Town’s outdated story pole policy is impeding housing
production. The Town must allow simpler, less burdensome, and more effective ways of
providing notice that convey similar information without unreasonably burdening
development projects. This is especially true as meeting the Town’s housing needs will
entail having to allow for taller buildings with heights that make the Town’s current story
pole policy technically infeasible to implement. Story poles can only be seen from public
right-of-way, making understanding the context of a larger proposal increasingly
challenging.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Raspe to continue the public hearing on
Modifications to the Town Height Pole and Netting Policy for Additions
and New Construction to a date certain of May 24, 2023. Seconded by
Commissioner Burnett.
VOTE: Motion passed unanimously.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Jennifer Armer, Planning Manager
• The Town Council met on April 4, 2023, where it considered and granted a story pole
exception for a project at Winchester Boulevard and Shelburne Way and further
discussed the draft revised Housing Element.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 26, 2023
• The Town resubmitted the Draft Housing Element to HCD on March 31, 2023, and on
April 14, 2023, received a comment letter regarding the adopted Housing Element from
January 2023. Review with HCD is ongoing on the remaining issues that were submitted
as part of the March 31, 2023, draft.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Commissioner Hanssen
- The CDAC met on April 12, 2023, regarding a development proposal for 18 acres of land
that sits above the Surrey Farm neighborhood.
Historic Preservation Committee
Commissioner Burnett
- The HPC met on April 26, 2023, and voted to remove a home on Fillmer from the inventory.
ADJOURNMENT
The meeting adjourned at 9:58 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 26, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin