06-14-2023 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
JUNE 14, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, June 14, 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.
Commissioner Clark indicated she was traveling and would attend the meeting via Zoom, and
there were no adults in the room with her.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – May 24, 2023
MOTION: Motion by Vice Chair Raspe to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
PAGE 2 OF 4
MINUTES OF PLANNING COMMISSION MEETING OF JUNE 14, 2023
PUBLIC HEARINGS
2. 380 Blackwell Drive
Fence Height Exception Application FHE-23-002
APN 424-12-027
Applicant: Ramin Zohoor
Appellant: Larry Cesnik
Property Owner: Larry Cesnik and Martha Johnson
Project Planner: Sean Mullin
Consider an Appeal of a Community Development Director Decision to deny a Fence
Height Exception Request for construction of an automated vehicular gate exceeding
the maximum height and with reduced setbacks on property zoned R-1:8. Categorically
exempt pursuant to CEQA Guidelines Section 15303(e): New Construction or Conversion
of Small Structures.
Sean Mullin, Senior Planner, presented the staff report.
Opened Public Comment.
Larry Cesnik
- I am the resident at 380 Blackwell Drive. My major theme is safety, not only for our son,
but also for the citizens of Los Gatos. We have a young adult son, Martin, who lives in the
ADU on the property that directly faces the driveway, the street, and the electric tower
area across the street. Our son is autistic and has very low safety awareness and needs to
be watched when he is outside. He is also very physical and moves quickly and can swiftly
reach the sidewalk, street, and the electric tower area, so that is why we built the gate,
because we need it to prevent any unexpected bolting. The gate also keeps the citizens of
Los Gatos safe, because if he were to get out to the street or sidewalk motorists,
pedestrians, cyclists, and pets could be at risk of collision. When closed the gate would
block entry to the sidewalk and street. Martin’s primary care physician has written a letter
stating Martin does have this condition, that he can impulsively bolt from a safe area, and
that she supports installing a gate across the driveway to ensure Martin’s safety. Martin is
a client of the San Andreas Regional Center and has an individualized program plan where
safety comes up frequently as an issue. We are setting safety goals for him to try to
achieve, but it is a life-long process for him to get there.
Closed Public Comment.
Commissioners discussed the matter.
PAGE 3 OF 4
MINUTES OF PLANNING COMMISSION MEETING OF JUNE 14, 2023
MOTION: Motion by Commissioner Janoff to grant the appeal of a community
Development Decision to deny a Fence Height Exception for construction
of an automated vehicular gate exceeding the maximum height and with
reduced setbacks on property zoned R-1: 8, with a request that the gate
be moved back four feet, 10 inches to five feet. Seconded by
Commissioner Hanssen.
Town Attorney Whelan requested the motion be amended to state that the gate shall be
moved back five feet as a condition of approval rather than a request .
The maker of the motion accepted the amendment to the motion.
The seconder of the motion accepted the amendment to the motion.
Commissioner Thomas requested the motion be amended to State that the fence height shall
exceed the three-foot maximum.
The maker of the motion accepted the amendment to the motion.
The seconder of the motion accepted the amendment to the motion.
Commissioners discussed the matter.
Town Attorney Whelan requested the motion be amended to state that approval of the
appeal is conditioned on moving the fence back five feet, and a variance from the 25-foot
requirement is approved.
Planning Manager Armer requested the motion be amended to state that a fence height
exception for the fence within the front setback to be greater than the three-foot limitation is
granted, and that includes additional connecting fencing because of the relocation of the
fence with the gate.
The maker of the motion accepted the amendments to the motion.
The seconder of the motion accepted the amendments to the motion.
VOTE: Motion passed 6-1 with Commissioner Thomas dissenting.
PAGE 4 OF 4
MINUTES OF PLANNING COMMISSION MEETING OF JUNE 14, 2023
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Jennifer Armer, Planning Manager
• The next Housing Element Advisory Board meeting is scheduled for June 15, 2023, at
7:00 p.m. in the Council chambers to discuss the State’s comment letter on the most
recent draft of the Town’s Housing Element.
• The next Planning Commission meeting is scheduled for June 28, 2023.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Committee
Commissioner Hanssen
- CDAC met on June 14, 2023 to discuss developing 143-151 East Main Street to convert an
existing building to a mixed-use development with below-grade parking, three stories of
residential, and retail on the ground floor.
ADJOURNMENT
The meeting adjourned at 8:04 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
June 14, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin