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Attachment 2 - December 14, 2022, Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Melanie Hanssen, Chair Jeffrey Barnett, Vice Chair Kathryn Janoff Steve Raspe Emily Thomas Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 2 LOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HANSSEN: We can move on to the next item, which is Item 6, which is considering a General Plan Amendment to add policies to the Hazards and Safety Element. Location: Town-wide. General Plan Amendment Application GP-22-002. I assume we have a Staff Report for this as well. JENNIFER ARMER: Thank you, Chair and Planning Commissioners. As stated, this is a proposed amendment to the Hazards and Safety Element of the General Plan. As you may remember from last year when the Draft General Plan was brought to the Planning Commission for consideration, one component of the recommended changes from the draft that was prepared by the GPAC were some modifications required by the State as part of the CAL FIRE review and the Board of Forestry review. A couple of those changes were included within the Community Design Element, and because at this point the Community Design Element is on hold because the referendum that qualified for the ballot has not yet been voted upon, Staff is recommending that we take the two policies that included those changes from the State and move them into the Hazards and Safety Element, which is in effect, so that LOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it is clear that we have complied with that requirement for update to the Safety Element, both for the General Plan as a whole as well as for future adoption of the Housing Element. This concludes Staff’s presentation, but if you have any questions I’d be happy to answer. CHAIR HANSSEN: Thank you for that. Before I take any questions I’ll just add on that since I’m chairing the General Plan Committee this year that when we heard this at the General Plan Committee it seemed to make a lot of sense, given that the Community Design Element had been suspended, to have these safety provisions moved into the Hazards and Safety Element, and the only question that I recall coming up during that meeting was just about the number of General Plan amendments, because some people thought it was limited to four, and so Ms. Armer, if you could let the Commission know what you told us yesterday. JENNIFER ARMER: Yes, thank you for that question. We did verify the language of State law that does limit the number of changes to a General Plan within each calendar year. The limitation of four is actually to each of the required elements. For example, the Safety Element is a required element, and so we could make up to four changes to the LOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Safety Element. That does not limit possible changes to, say, the Land Use Element or the Housing Element within that same year; those each could have four changes. In addition, those that are not required elements, for example, our Community Design Element is not a required element, it is not one of those that’s listed in that law. CHAIR HANSSEN: So we can take comfort that we’re not going to bump up against that, especially considering that due to the referendum there’s likely to be more multiple changes to the General Plan next year, or those two elements. Commissioner Thomas. COMMISSIONER THOMAS: Ms. Armer, can you also confirm—we did talk about this at the General Plan Update Committee meeting—that also when we make an amendment you can clump more than one change together and that just counts as one, one time? JENNIFER ARMER: That is correct. It’s not each individual change we take forward. We are making this group of changes that counts as a single amendment to the General Plan for each of those chapters. COMMISSIONER THOMAS: Thank you. LOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: I will put it out there to see if any Commissioners have questions for Staff beyond what we just talked about. I’m not seeing any, and so like our previous item, this would be a motion to make a recommendation to Town Council to approve the movement of these items to the Hazards and Safety Element, and we would follow the same process. Oh, I forgot to do public comment, so let me stop and see if there are any members of the public that would like to speak on this item. JENNIFER ARMER: Please raise your hand if you’d like to speak on this item. I’m not seeing any hands raised. CHAIR HANSSEN: Okay, thank you for that. That being the case, if no one wants to speak on this item, is there a motion to make this recommendation? Vice Chair Barnett. VICE CHAIR BARNETT: Concerning our Agenda Item #5 tonight, I move that we recommend to the Town Council the amendments which are set forth in the Staff Report on that item. I can make the findings that there’s no possibility that the project will have a significant impact on the environment and is therefore not subject to CEQA, LOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and also that the Town Code Amendments are consistent with the General Plan. CHAIR HANSSEN: Ms. Armer has her hand up; so let me see before I take a second. JENNIFER ARMER: Thank you. I just wanted clarify that you are referring to Item #6, the Amendments to the General Plan. You stated Item #5. VICE CHAIR BARNETT: Gosh, mine looks like #5, but in any event the appropriate provision of our Staff Report, thank you. CHAIR HANSSEN: Is there a second? Commissioner Raspe. COMMISSIONER RASPE: I second the motion. CHAIR HANSSEN: Thank you for that. Any further discussion? Okay, Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well, and like our previous item, since is a recommendation to Town LOS GATOS PLANNING COMMISSION 12/14/2022 Item #6, General Plan Amendment to Hazards and Safety Element 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Council I do not believe there are any appeal rights. Ms. Armer is shaking her head. (END) This Page Intentionally Left Blank