06 Attachment 6 - August 23, 2023 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
Residential to Neighborhood Commercial
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 6
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
Residential to Neighborhood Commercial
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P R O C E E D I N G S:
CHAIR BARNETT: We’ll now move on to Item 5 on the
agenda tonight in which we are asked to forward a
recommendation to the Town Council on a Request to Amend
the General Plan Land Use Designation of 16492 Los Gatos
Boulevard and Assessor Parcel Number 532-07-086 from Low
Density Residential to Neighborhood Commercial; Amend the
General Plan Land Use Designation of Caltrans Right-of-Way
Adjacent to 14685 Oka Road from Low Density Residential to
Medium Density Residential and from R-1:8 to R-M:14-22, and
apply the Housing Element Overlay Zone to allow for
increase in allowable density, height, floor area ratio,
and lot coverage to the sites included in the Sites
Inventory Analysis of the 2023-2031 Housing Element. I will
incorporate by reference the APNs and addresses from page 4
of the agenda related to Item 5.
Staff reports that an Environmental Impact Report
was prepared and certified for the 2040 General Plan Update
on June 30, 2022 that no further analysis is required, and
included in the proposed General Plan Amendment.
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Item #5, Amend General Plan Land Use Designation
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Residential to Neighborhood Commercial
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This is Zoning Code Amendment Application Z-23-
003 and General Plan Amendment Application GP-23-003.
Applicant is the Town of Los Gatos. Commissioner Thomas.
COMMISSIONER THOMAS: I wanted to confirm that
even if we live near these properties that I can still be
here. I live near Los Gatos Boulevard. I’m on the Housing
Element Advisory Board and have been able to provide
feedback there, but I just wanted to make sure. I can also
make a disclosure that I’m able to make decisions and
recommendations.
ATTORNEY WHELAN: If I remember correctly, the
FPPC rule is a regulation would affect 25% of the
properties within the Town and one person voting on that
decision doesn’t impact their financial interest.
COMMISSIONER THOMAS: I’m assuming that these
types of decisions would impact a lot of us. We wouldn’t
have a lot of people left to make recommendations because
it’s such a wide space, but I’m happy to recuse myself to
be safe.
ATTORNEY WHELAN: What I can do is I can review
the FPPC regulations while the Commission takes public
comment.
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
Residential to Neighborhood Commercial
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COMMISSIONER THOMAS: Should I step out still, or
no?
ATTORNEY WHELAN: No.
CHAIR BARNETT: So is there a Staff Report on
Item 5?
JOCELYN SHOOPMAN: Yes, there is. The process for
the item this evening will include holding a public
hearing, asking questions of Staff, receiving public
comment, and a recommendation by Staff to continue the item
to a date certain of September 13, 2023.
A six-cycle Housing Element includes
implementation programs and involves amendments to the
General Plan and the rezoning of parcels within the Town to
allow for modified development standards to provide the
development capacity required by State law and the Town’s
Regional Housing Needs Allocation.
On July 20th at a special meeting the General Plan
Committee reviewed the requests and recommended approval of
the General Plan Amendments to the Planning Commission and
the Town Council.
Implementation Program BG of the Housing Element
proposes the following actions: Amendments to the General
Plan Land Use Designation of 16492 Los Gatos Boulevard on
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
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Residential to Neighborhood Commercial
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Assessor Parcel Number 532-07-086 from Low Density
Residential to Neighborhood Commercial, as well as the
Caltrans Right-of-Way that is adjacent to 14685 Oka Road
from Low Density Residential to Medium Density Residential.
Implementation Program BF of the Housing Element
also proposes the following action: Rezone the Caltrans
Right-of-Way adjacent to 14685 Oka Road from R-1:8 to R-
M:14-22.
Lastly, the Commission will consider a request to
apply the Housing Element Overlay Zone to the sites only
included in the Sites Inventory of the Town’s Housing
Element.
The Draft Zoning Code Amendments for the Housing
Element Overlay Zone shown here were considered under Item
4 of this evening’s agenda, but would apply the development
standards listed in Table 1A to sites listed in the Sites
Inventory.
Staff recommends that the Planning Commission
continue the item to a date certain of September 13, 2023
and at the next meeting make a recommendation of approval
to the Town Council for the requests detailed in the Staff
Report.
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
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There was an Addendum and Desk Item report
provided to the Commission with additional public comments
that were received.
This completes Staff’s presentation. We are
available for any questions.
CHAIR BARNETT: Thank you for that report, and
I’ll ask my fellow commissioners if they have questions?
Commissioner Hanssen.
COMMISSIONER HANSSEN: I asked this question
because it came up during the General Plan and Housing
Element Advisory Board meetings recently, and we’ve been
getting continued public comments on this.
While we’re not making a recommendation tonight
on Item 5, which includes the sites and the Sites
Inventory, when the discussion happened at the General Plan
Committee there were a lot of people that spoke against
certain properties that in the Sites Inventory. My
understanding was that the Housing Element Advisory Board
recommended the Sites Inventory, and the Planning
Commission approved it as well as the Town Council. The
question is as part of this process, when we do make the
recommendation on September 13th, are we supposed to be
considering taking sites in and out of the Sites Inventory?
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Item #5, Amend General Plan Land Use Designation
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Residential to Neighborhood Commercial
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JENNIFER ARMER: Thank you for that question.
I’ll start, and then it may be that other Staff has
additional thoughts.
The recommendation from Planning Commission could
include recommendations changing what sites this would
apply to. One caution is that we at the General Plan
Committee meeting did hear concerns from neighbors of the
Caltrans site that was mentioned here in particular, and
then this evening we’ve already heard concerns from a
neighbor for the Alberto Way site, and so the concern is
that too many of those sites be removed and then additional
sites would need to be added at a later date, and we are
trying to get this zoning done as required by the Housing
Element.
COMMISSIONER HANSSEN: Thank you for that, and
that was the answer that we had in the General Plan
Committee meeting, and there probably aren’t any sites in
the Sites Inventory that someone isn’t going to be unhappy
about. That being said, we’re not going there tonight, but
I wanted to bring that up since we’ve already gotten
comments tonight.
CHAIR BARNETT: Thank you for that input. Other
comments by Commissioners? Commissioner Burnett.
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
Residential to Neighborhood Commercial
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COMMISSIONER BURNETT: Thank you. I have a
question for Staff. There is some question about three
sites that are under discussion about the number of units
that really are available to the Town, the three SB 330
sites. I’m concerned if we vote for this, which I feel
would be a good thing, although I’m concerned about those
three sites because I’m not sure if by voting for it, since
there is controversy about three of the major sites, how
does that impact voting for it? Because there is some
question on the numbers. For my own interest, I’m a little
confused on it. Thank you.
JENNIFER ARMER: Thank you, Commissioner, for
that question. My understanding is based on some of the
public comment that we’ve received that is concerned about
some of the preliminary applications that that Town has
received under the senate bill SB 330.
We did have a conversation with Town Council last
week and will have future meetings with Town Council about
some of these State laws and how they affect development in
the Town. What I can share this evening in relation to this
process is that when we are looking at the Sites Inventory
we want to make sure that we are not running into what’s
called “no net loss,” that that actually comes into effect
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
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Residential to Neighborhood Commercial
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once we get to a decision point on a development project.
It’s not something that’s triggered at a preliminary
application stage, it’s something that the Town would need
to resolve within six months of a decision of a project.
At this point Staff’s recommendation is to
proceed with the Sites Inventory as currently developed,
but as these future applications come forward, that will be
part of the discussion at those times, because by the time
those projects do move forward we don’t know what other
applications might have come forward and whether there
really will be a no net loss problem at that time.
COMMISSIONER BURNETT: Thank you. I was just
concerned about our latest comment from the Los Gatos
Community Alliance letter.
JENNIFER ARMER: Thank you, and I can add that
Staff will continue to work with our consultants and in our
conversations with HCD to confirm whether modifications are
recommended.
CHAIR BARNETT: That covered the question. Other
questions of Staff? If not, we’ll open the public portion
of the public meeting and invite comments from members of
the public, and we have one card from Mr. Rosenfeld.
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
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Residential to Neighborhood Commercial
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MARK ROSENFELD: Thank you for the opportunity to
address you. My name is Mark Rosenfeld; I live at 449
Alberto Way, and I did want to speak on the proposal to
build right now at 405 Alberto Way. We’ve already had
somebody from our community talk to you about this and I
may reiterate a few things that she has said, but I think
it’s really important to talk about it.
The proposal is for two buildings, a total of 60
units, and the buildings are going to be 50’ tall. They’re
going to be three stories plus a garage unit, which is
basically on the ground level. Those will incorporate 114
parking spaces, or two parking spaces for each unit, and
only 12 guest spaces for all of the 60 units.
Our community on Alberto Way consists of two-
story condos and townhomes. The proposal is extremely out
of character with our neighborhood. We’ve looking at two
buildings that are at least 50’ tall.
Also, parking on Alberto Way is already bumper-
to-bumper in the evening. You can’t find any parking spaces
at all, and now there will only be 12 parking spaces
planned for guests for 60 units.
Another thing that was mentioned, which I think
is the most important thing, is that Alberto Way is
LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
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basically a dead end street. In the event of an evacuation
there is only one exit for everybody who lives on that
street. We have 110 units in our development on Alberto Way
in addition to all of the townhouses and other condos that
are on that street. In other words, from what we have
you’re potentially adding 114 cars to get out if we need to
evacuate.
Just to remind you, the Camp Fire in California
in 2018 took only four hours to spread, and the Lahaina
Fire, which we just saw, spread at a mile a minute, so I
think the Town really needs to provide the residents of
Alberto Way with a viable evacuation plan before you can
even consider anything additional to be built there. Thank
you very much.
CHAIR BARNETT: Thank you, Mr. Rosenfeld. Are
there questions for the speaker? I don’t see any. Thank you
for your comments tonight. We also have Lee Quintana again
on Item 5.
LEE QUINTANA: I’m beginning to think I sound
like a broken record, but there is such an interconnection
between Item 4, which you already passed, and Item 5 and
what’s going on at the Housing Element Advisory Board that
it makes my head spin, because each one is going along a
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different path at a different time, not considering what’s
happening at each one, and I say that for several reasons.
One, when you read the report for tomorrow
night’s meeting you’re going to be discussing certain
things. There has been a lot of progress made in certain
areas, but my reading of the report indicates that there
are still sections of the Sites Inventory which may be a
problem and will probably, in my estimation, result in need
for changes in numbers, so we’re getting ahead of ourselves
in what is actually happening, or will end up happening,
being recommended for approval, probably. There are still
so many ifs.
One thing that I noticed in the Addendum on this
item is that one of the applications for SB 30 discusses
the fact that the recommended approval of the Overlay
Densities and Standards will in fact not be able to
accommodate the 30 units per acre density that’s required.
So again, are we making a mistake by approving that and not
considering what standards really need to be to accommodate
those densities and the other requirements?
It seems to me when I deal with this project I
always feel like I’m chasing a moving target and I can’t
keep up, and every time I understand one thing all of a
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sudden I turn around and it or something else has been
changed that affects what was just changed or decided upon.
So I ask you to please take that into consideration and not
make it any more complicated than it needs to be.
CHAIR BARNETT: Thank you, Ms. Quintana.
Questions for the speaker? I don’t see any. Anyone on Zoom,
Mr. Paulson.
JOEL PAULSON: Yes, thank you, Chair. Declan, I’m
unmuting you. You have three minutes to speak.
DECLAN: Okay, hi, guys. A lot of things have
been discussed tonight. I’m kind of new to figuring out the
local stuff, but I’ve lived here for over 20 years, so I
see the developments that have gone on locally across the
street from me and in front of me with the hotel.
I just want to know and understand, and I don’t
think anybody who lives around here is being told about
what really is the State mandated housing project and
overlay and all that stuff; it’s kind of like a vague fog
that nobody is telling us, and now we’re fighting off
property owners across the street from developing their
projects over the years, and now we’re onto something else
and it keeps changing over the years and the place is a
major eyesore.
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Can the Town please come down and talk to the
people who live right here on Alberto Way and explain to
them what is going on? Why are we not being listened to? Or
explained to on what’s going on with these State mandates?
And why we are being segregated out versus the wealthy
people living up in the hills who have multi-million acres
of land and property versus oh, let’s go down and take care
of the little people on the street and suffer them and push
them into having to have multi-million dollar high-rises
beside them. I’m not sure what’s going on, but can somebody
explain that to me? I would love to know.
CHAIR BARNETT: Thank you, Declan. Unfortunately,
we’re not able to respond to questions, but we very much
appreciate your input, and I’ll ask if any Commissioners
have questions for you? I don’t see any. Thank you very
much for your input, sir. I don’t have any other cards and
no one on Zoom.
We have a recommendation for a continuance, but
I’m going to ask Staff whether only new comments are to be
accepted from members of the public rather than having
speakers speak twice?
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Item #5, Amend General Plan Land Use Designation
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ATTORNEY WHELAN: Speakers can speak once on an
agenda item, and so any speaker who spoke tonight will not
be speaking at the next meeting.
CHAIR BARNETT: Okay, thank you. I think we’re
ready to close the public portion of the public hearing and
ask Commissioners if they have any questions for Staff, or
wish to comment at this time, or make a motion as
recommended for a continuance to September 13th?
Commissioner Janoff.
COMMISSIONER JANOFF: I move that we continue
this item to September 13th.
CHAIR BARNETT: Thank you. Second? Commissioner
Hanssen.
COMMISSIONER HANSSEN: I second the motion.
CHAIR BARNETT: Any discussion? If not, raise
your hand, please, if you are in support of the motion. It
passes unanimously. Thank you very much.
I assume again that there are no appeal rights,
is that correct?
JENNIFER ARMER: Correct.
(END)
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