12-13-2023 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
DECEMBER 13, 2023
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, December 13, 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: None.
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – October 25, 2023
2. Approval of Minutes – November 8, 2023
MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent
Calendar. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
OTHER BUSINESS
3. 212 Thurston Street
Architecture and Site Application S-23-009
APN 410-15-039.
Property Owner/Applicant: Meleah Guillardo
Project Planner: Maria Chavarin
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2023
Open a Public Hearing for a Request for Approval for Demolition of an Existing Single-
Family Residence and Construction of a New Single-Family Residence with Reduced
Setbacks on Non-Conforming Property Zoned R-1D, and Continue the Matter to January
10, 2024. Categorically Exempt Pursuant to the California Environmental Quality Act
(CEQA) Guidelines, Section 15303(a): New Construction or Conversion of Small
Structures.
Jennifer Armer, Planning Manager, presented the staff report.
Opened and Closed Public Comment.
MOTION: Motion by Vice Chair Raspe to continue the public hearing to a date
certain of January 10, 2024. Seconded by Commissioner Janoff.
VOTE: Motion passed unanimously.
4. Draft 2024 Planning Commission Meeting Calendar
PUBLIC HEARINGS
5. 224 Old Adobe Road
Minor Development in a Historic District Application HS -22-051
APN 407-09-029
Property Owner/Applicant: Vinodha Bala
Project Planner: Savannah Van Akin
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for a Constructed Eight-Foot Fence Located in the Rear Yard
on Property Zoned R-1:10. The Project is Categorically Exempt Pursuant to the Adopted
Guidelines for the Implementation of the California Environmental Quality Act (CEQA),
Section 15303: New Construction or Conversion of Small Structures and Section 15301:
Existing Facilities.
Savannah Van Akin, Assistant Planner, presented the staff report.
Opened Public Comment.
Vinodha Bala, Property Owner
- A seasonal creek runs in an alleyway behind Old Adobe Road and terminates at the corner
of our property, and the storm drain runs along the rear property line, so the fence is
constructed at that low point, lower than the rest of the property and the house. Our rear
neighbor complained to us about privacy concerns during a pool installation in our back
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2023
yard despite an existing 10 to 11 foot wood lattice fence, an approximate five-foot high
chain link fence running behind the lattice along the actual property line, and trees planted.
Town staff visited our property to discuss replacing the lattice with a solid wood fence to
ameliorate her concerns. The neighbor verbally agreed to the height of the fence, the
material, and the location, but she ignored our requests that she split the cost of the fence
pursuant to the California Good Neighbor Fence Law. When we notified her that
construction would soon begin she requested we construct the new fence on our property
line and leave the existing chain link fence on the property line in place, which would
shorten our back yard; we again agreed in order to find a peaceful resolution. We are
asking for this fence height exception because we have been subjected to un-neighborly
harassment and intimidation when we have operated in good faith and made every
attempt to resolve her issues, as outlined. Due to the slope of the property a shorter fence
would allow the neighbor a clear view into our yard and home, and vice-versa. This rear
yard fence poses no risk to traffic like front fences at intersections, and it does not obstruct
anyone’s view of anything, except our neighbor’s view of our yard and home.
Eva Mendoza, Neighbor
- The reasons for my complaints during the pool construction were about noise and the dust.
It had nothing to do with the fence or the height of the previous fence. There is a row of
trees back there that provides a lot of privacy. The lattice that was there was never a
problem, but when the Applicant built that monstrosity of an eight-foot fence, it would
create a hazard as far as emergency access to either of our yards or the creek. It is a truly
unpleasant environment back there. Had the Applicant asked me with a configuration in
mind and details of it, I would have paid for half of it.
Vinodha Bala, Property Owner
- Is there any way for us to take her up on the offer to split the cost of the fe nce? I don't
know if there is an official way to do that, but this is the first engagement we’ve had about
this, and we have text messages to prove there was communication regarding this for
months before the construction of the fence.
Closed Public Comment.
Commissioners discussed the matter.
Opened Public Comment.
Commissioners asked questions of the Applicant.
Closed Public Comment.
Commissioners discussed the matter.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2023
MOTION: Motion by Vice Chair Raspe to grant an Appeal of a Community
Development Director decision to deny a Fence Height Exception Request
for 224 Old Adobe Road with modification to allow a six-foot solid fence
with up to two feet of lattice based on Town Code 29.40.0320(4), special
circumstances, specifically topography of the site. Seconded by
Commissioner Burnett.
VOTE: Motion passed unanimously.
Appeal rights were recited.
3. 300 Marchmont Drive
Conditional Use Permit Application: U-12-002
APNs: 532-10-01 and 532-11-011
Applicant/Property Owner: Mark Silver/Hillbrook School
Project Planner: Jocelyn Shoopman
Annual Review of an Approved Conditional Use Permit for an Existing Private School
(Hillbrook School) on Property Zoned HR-1.
Chair Barnett reported that he would recuse himself from participating in the public hearing
regarding 300 Marchmont Drive based on the proximity of his residence to the subject site.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Opened Public Comment.
Mark Silver, Applicant
- I’m the Head of School at Hillbrook School and also a resident of Los Gatos. We have
created a robust traffic demand management program with the expectation that everyone
is walking, biking, shuttling, or carpooling to school, and have had great success with that.
We are the one private school in Los Gatos that is part of Safe Route s to School. We are
before the Planning Commission tonight because for the first time ever we had some
violations. The bulk of the days with violations happened last March and April of 2023, the
two rainiest months I can recall in all of my years in Los Gatos, so people used their vehicles
and we have a small margin for error. To ensure that does not happen again we have
added an additional transportation person to monitor what we are doing and when parents
come onto campus. Regarding the school calendar, it would be very helpful to us to have
the ability halfway through the year, in January, to make small amendments to the
calendar that would not create a huge impact to our neighbors, and we request the
Planning Commission consider that.
Nancy Durham
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2023
- My property backs up to Hillbrook’s back gate. We have no problems in our neighborhood
and Hillbrook is doing a good job.
Chuck Hammers, on behalf of Applicant
- I’m on the Board of Trustees for Hillbrook, and also a neighbor of the school who walks
down the streets almost every day. Compared to how it was with the neighbors ten years
ago, it is like night and day. I see them walking their children to school and I don’t feel the
tension there used to be. The cap that we have in school is difficult to manage, because
the pucks that are driven over are 30 to 40 feet outside the gate, so neighbors can drive
over them; and they only count on the exits of the school, so the number of exits is
doubled and that’s how you get data. If there are over 440 exiting cars, that is over our
limit. But children are unreliable and get sick, forget their lunches, have doctor’s
appointments, and these are things that can’t be planned, and when only the exits are
counted it is difficult because you can’t turn the spigot off because they are already in the
school, so it is remarkable that Hillbrook has gone eight years without going over. I truly
am happy to be a neighbor and feel like we did something that truly changed the
neighborhood with the CUP and allowed the school to grow.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Hanssen to accept Hillbrook School’s report and find it
is in compliance with its Conditional Use Permit with a modification of
Conditions of Approval 17(c) and 27 to post a schedule of events on the school’s
website accessible to the public at the beginning of each semester of the
academic calendar year. Additionally, Hillbrook School shall have a
representative from Sensys visit the school to complete an audit of the sensors.
Seconded by Commissioner Janoff.
Commissioners discussed the matter.
Opened Public Comment.
Commissioners asked questions of the Applicant.
Closed Public Comment.
VOTE: Motion passed 5-0, Chair Barnett recused.
Appeal rights were recited.
Chair Barnett returned to the meeting.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2023
4. 517 San Benito Avenue
APNs: 410-18-018
Architecture and Site Application: S-23-024
Applicant: John Gutknecht
Property Owner: Candace Zaheri
Project Planner: Ryan Safty
Requesting Approval for Reduced Front Yard Setbacks on a Non-Conforming Property
Zoned R-1:8. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New
Construction or Conversion of Small Structures.
Jennifer Armer, Planner Manager, presented the staff report.
Opened Public Comment.
John Gutknecht, Applicant/Architect
- This project started as a renovation to make the home more livable. In the process we
found dry-rot in the front covered entry and it had to be removed, and we reduced the
setback with the new covered entry from what had been there. We were trying to match
the architectural styles of the adjacent houses and the setbacks and thought we were
doing a service by reducing the covered entry from what had been there previously. When
you look at the street as a whole the setback and the new covered entry fit into the
neighborhood quite nicely, even though the setback requirements are different across the
street. We feel the house would really stick out without the covered entry, because the
other houses have porches. With respect to the setbacks, there are two other houses
nearby with similar or more non-conforming setbacks than the subject property.
Cecil Caufield
- I live next door to the subject site with my son, and we support our neighbor. We think the
house looks great now.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Burnett to approve reduced front yard
setbacks on a non-conforming property zoned R-1:8 for 517 San Benito
Avenue. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
Appeal rights were recited.
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MINUTES OF PLANNING COMMISSION MEETING OF DECEMBER 13, 2023
REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
Jennifer Armer, Planning Manager
• The Story Pole Policy returned to the Town Council on December 5, 2023 for additional
discussion and included a number of additional modifications, including allowing video
simulations in place of story poles for all multi-family projects.
• The Town received the latest letter from the State regarding the Town’s Housing
Element on December 1, 2023. The State provided staff with preliminary feedback and
clarification on the remaining four outstanding comments, and staff continues to work
with its consultant to respond to those comments.
• The Town Council had its mayoral transition on December 12 , 2023, with thanks given to
outgoing Mayor Maria Ristow and a welcome to new Mayor Mary Badame and Vice
Mayor Matthew Hudes.
• Commissioner Thomas has been reappointed to the Planning Commission.
• Adam Mayer, who has served on Housing Element Advisory Board and General Plan
Committee, will join the Planning Commission in the new year.
• Thanks are given to Chair Barnett for his four years of service on the Planning
Commission, and four years on the GPAC before that, as this is his last Planning
Commission meeting.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 8:59 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
December 13, 2023 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin