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Staff Report PREPARED BY: SALLY ZARNOWITZ, AIA, LEED AP Planning Manager 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov MEETING DATE: 01/12/2021 ITEM: 2 TOWN OF LOS GATOS HISTORIC PRESERVATION COMMITTEE DATE: January 8, 2021 TO: Historic Preservation Committee FROM: Joel Paulson, Community Development Director SUBJECT: Provide Comments on the Revised Initial Draft of the Land Use Element and the Revised Initial Draft of the Community Design Element of the 2040 General Plan. BACKGROUND: The Zoning Regulations provide the regulatory framework for historic preservation designation and review processes and standards. The General Plan represents the community’s long-range view of its future and development goals. The General Plan is made up of the Background Report and the Policy document. The Background Report (March 2019) describes a wide range of topics, including Historical and Tribal Cultural Resources. The report provides context for making policy decisions and serves as the “Environmental Setting” section of the Environmental Impact Report (EIR) that will be prepared for the General Plan. The Policy Document contains the Goals and Policies that will guide future decisions within the Town. It also identifies a set of Implementation Programs that will be used to ensure the Goals and Policies in the General Plan are carried out. The General Plan Update Advisory Committee (GPAC) is currently reviewing the Policy document consisting of the Goals, Policies, and Implementation Programs of the following General Plan elements: 1. Introduction; 2. Racial, Social, and Environmental Justice Element; 3. Land Use Element (including Preserving Our History Section); 4. Community Design Element (including Historic Preservation Section); 5. Mobility Element; 6. Housing Element (not included in this GP update); 7. Public Facilities, Services, and Infrastructure Element; 8. Open Space, Parks, and Recreation Element; 9. Environment and Sustainability Element (including Cultural and Historical Resources Section and Tribal Cultural Resources Section); and 10. Hazards and Safety Element. PAGE 2 OF 6 SUBJECT: 2040 General Plan Revised Initial Drafts of the Land Use and Community Design Elements DATE: January 8, 2021 N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2021\01-12-21 - Special\Item 2 - LU and CD Element\Staff Report.docx BACKGROUND (continued): The Environment and Sustainability Element promotes conservation of the environment, including existing historical and tribal resources and their cultural significance. The Historic Preservation Committee comments on the Element (Attachment 3) were provided to the GPAC for their consideration in their review of the revised initial draft of the Element in October. The GPAC began the review and discussion of the initial drafts of the Land Use Element (Attachment 1) and the Community Design Element (Attachment 2) at their November 5, 2020 meeting, the Town Council held an initial discussion of the initial drafts of these Elements at their November 17, 2020 meeting, which was followed by a GPAC working session on November 19, 2020. Based on the feedback received at these meetings, staff has worked with the consultants, Mintier Harnish, to revise the initial drafts of the Land Use Element and the Community Design Element, for additional review by the GPAC in January. DISCUSSION: Land Use Element The Land Use Element establishes land use designations and includes a series of goals, policies, and programs identifying the Town’s philosophy for future change and development. Section 3.6, Special Planning Areas, addresses the Town’s Overlay Zones, including the Landmark and Historic Preservation (LHP) Overlay Zone. This Section proposes new Goal LU-13: Goal LU-13 Implement overlay zones for specific areas requiring additional zoning protections. [New Goal] Goal LU-13 also includes the following new Policy: LU-13.2 Updating Overlay Zones Overlay zones shall be considered for update over time if the update would better reflect and serve the changing needs of the community. [New Policy] Section 3.8, Preserving Our History, addresses designated historic resources. In addition to identifying the Town’s five historic districts, this Section proposes new Goal LU-16: Goal LU-16 Provide for the protection of Los Gatos’ cultural heritage through the protection and maintenance of historic resources. [New Goal] PAGE 3 OF 6 SUBJECT: 2040 General Plan Revised Initial Drafts of the Land Use and Community Design Elements DATE: January 8, 2021 N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2021\01-12-21 - Special\Item 2 - LU and CD Element\Staff Report.docx DISCUSSION (continued): Goal LU-16 also includes the following new Policies: LU-16.1 Historic Districts and Landmarks Maintain maps on the Town’s website of Landmark and Historic Preservation (LHP) overlay zones (districts are shown on Figure 3-105) and landmarks. These are districts and individual sites deemed to be of architectural and/or historical significance. The properties or buildings may be those that provide significant examples of architectural styles of the past, are landmarks in the history of architecture in the Town, are unique and irreplaceable assets to the Town, or provide for future generations examples of the physical surroundings in which past generations lived. [New Policy] LU-16.2 Preserve Public Landmarks Actively work to preserve public Landmarks. [New Policy] LU-16.3 Support the Preservation and Rehabilitation of Historical Resources Support public and private efforts to preserve, rehabilitate, and continue the use of historic sites and structures. [New Policy] Section 3.14, Implementation Programs, carries forward existing Program F: Program F, Study Historic Review Expansion Conduct a study and amend the Town Code to require proposed developments that are otherwise exempt from historic review, but that might have an impact on sites of designated or suspected historic significance to be referred to the Historic Preservation Committee for review and recommendation. [Existing Action CD-12.3] Community Design Element The Community Design Element looks at the key components of the Town’s physical environment, including the overall preservation of historic areas to ensure these areas are respected over time, even as development proceeds. Section 4.3, Historic Preservation, addresses the treatment of historic resources. This Section carries forward and modifies existing Goal CD-3 and existing Goal CD-4: Goal CD-3 Preserve significant historic and architectural features within the Town. [Existing Goal CD-12, modified] PAGE 4 OF 6 SUBJECT: 2040 General Plan Revised Initial Drafts of the Land Use and Community Design Elements DATE: January 8, 2021 N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2021\01-12-21 - Special\Item 2 - LU and CD Element\Staff Report.docx DISCUSSION (continued): Goal CD-3 also carries forward the following existing Policies: CD-3.1 Avoid Demolition of Historic Building Avoid demolishing historic buildings, unless the Historic Preservation Committee finds, based on substantial evidence, that there is no feasible means to ensure the preservation of the structure. [Existing Policy CD-12.1, modified] CD-3.2 Reuse of Existing Buildings Encourage the preservation, maintenance, and adaptive reuse of existing residential, commercial, or public buildings. [Existing Policy CD-12.2] CD-3.3 Historic Structure Preservation Preserve and protect historic structures, including those that have been designated or are contributors to existing historic districts. Use special care in reviewing new buildings or remodels in the vicinity of historic structures to address compatibility issues and potential impacts. [Existing Policy CD-12.3] CD-3.4 Historic Preservation Programs Continue the Town’s careful and proactive historic preservation programs, tempered with compassion and understanding of property owners’ needs, desires, and financial capabilities. [Existing Policy CD-12.4] CD-3.5 Historic Preservation Committee Review Require the referral of zone changes, planned development applications, and zoning approvals that may result in the demolition of historic structures to the Historic Preservation Committee for review and recommendation. [Existing Policy CD-12.5, modified] CD-3.6 New Structures within Historic Districts Require new structures within historic districts to be designed to blend within the existing neighborhood. [Existing Policy CD-12.6, modified] CD-3.7 Potential Impacts to Historic Landmarks and Features Require all projects to consider any adverse effect to historic landmarks and features on or in the vicinity of the proposed project. [Existing Policy CD-12.7, modified] CD-3.8 Historic Site Impact Mitigation Require any development having potential adverse impacts on historical sites and/or features on or in the vicinity of historical sites to: a) Accommodate the historical structure or feature; b) Mitigate potential adverse impacts to a level acceptable to the Town; or c) Relocate the historical feature to an appropriate site; and [Existing Policy CD-12.8] CD-3.9 Historic Structure Use or Donation Encourage property owners to use historic structures or, if not feasible, encourage their donation to the Town. [Existing Policy CD-12.9] PAGE 5 OF 6 SUBJECT: 2040 General Plan Revised Initial Drafts of the Land Use and Community Design Elements DATE: January 8, 2021 N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2021\01-12-21 - Special\Item 2 - LU and CD Element\Staff Report.docx DISCUSSION (continued): Goal CD-4 Support and encourage thoughtful rehabilitation or reuse of historic structures. [Existing Goal CD-13, modified] Goal CD-4 also carries forward the following existing Policies: CD-4.1 Historic Structure Rehabilitation Rehabilitation of damaged historic structures shall be consistent with the policies of the Safety Element and the State Historic Building Code. [Existing Policy CD-13.1] CD-4.2 Historic Structure Renovations Require renovations or remodels of historic structures to be architecturally consistent with the original structure. [Existing Policy CD-13.2, modified] CD-4.3 Restoration Project Assistance Provide applicants and developers with information and staff time to assist in restoration projects. [Existing Policy CD-13.3] CD-4.4 Financial Benefit Information Provide information about financial benefits including tax law benefits for rehabilitation of historic structures and the vibrant historic downtown. [Existing Policy CD-13.4] Section 4.5, Community Place Districts, addresses the treatment of the Downtown District. This Section carries forward and modifies existing Goal CD-8: Goal CD-8 Preserve the character of Downtown Los Gatos and the quality of life for its citizens through high-quality building design. [Existing Goal CD-9, modified] Goal CD-8 also proposes the following new Policies related to historic preservation: CD-8.3 Compatible Scale Maintain existing compatibility and consistency amongst existing historic development and new development by ensuring adjacent structures are compatible in scale and massing. [New Policy] CD-8.6 Historic Architectural Core Reinforce the historic architectural core of Los Gatos by prohibiting the inclusion of modern, contemporary, mid-century modern, and industrial modern architecture Downtown. [New Policy] PAGE 6 OF 6 SUBJECT: 2040 General Plan Revised Initial Drafts of the Land Use and Community Design Elements DATE: January 8, 2021 N:\DEV\HISTORIC PRESERVATION\HPC Reports and Attachments\2021\01-12-21 - Special\Item 2 - LU and CD Element\Staff Report.docx DISCUSSION (continued): Section 4.6, Implementation Programs, carries forward several existing Programs related to historic preservation: Program H Review Historic Landmark Preservation Legislation Periodically review historic landmark and preservation legislation and update the Town Code as necessary. [Existing Action CD-12.2] Program I Conduct a Historic Resources Survey Review the historic resources survey every five years to identify valuable and historical architectural styles and features within the Central Business District, and residential historic districts, as well as the potential to add additional resources to the list. [Existing Action CD-10.1, modified] Program J Establish Public Information Programs Establish public information programs designed to make owners of historic structures and the general public aware of the value of historic buildings and to encourage their maintenance. [Existing Action CD-12.1] Program O Adopt Guidelines to Protect the Environment Adopt guidelines for development review that protect: a) Rare plants and wildlife and their habitats; b) Natural watersheds; c) Historic sites; and d) Aesthetically significant sites. [Existing Action CD-17.6] CONCUSION: The HPC may provide recommendations for any additions, deletions, or revisions to historic preservation Goals, Policies, or Programs which will be forwarded to the GPAC. Attachments: 1. Revised Initial Draft of the Land Use Element 2. Revised Initial Draft of the Community Design Element 3. HPC Comments on the Initial Draft of the Environment and Sustainability Element