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14 Attachment 2 - July 12, 2023, Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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: Jeffrey Barnett, Chair Steve Raspe, Vice Chair Susan Burnett Melanie Hanssen Kathryn Janoff 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 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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 BARNETT: We’re going to move on to Item 1, and that is asking the Commission to consider a request for approval of a zone change from R-1:8 (Prezone Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway), and also a General Plan Amendment to change the land use designation from Low Density Residential to Mixed Use Commercial for property located at 15810 Los Gatos Boulevard. APN 523-01-001. As noted in the agenda, an Environmental Impact Report was prepared and certified for the 2040 General Plan Update on June 30th and included a proposed General Plan Amendment for this property. Per staff, no additional environmental analysis is required. The requests apply to Zone Change Application Z- 23-001 and General Plan Amendment Application GP-23-001. The property owners are Jesus Ching and Kathleen Ban, and the project planner is Jocelyn Shoopman. We’ll have a request for hands of those who have visited the property. Thank you, and are there any disclosures tonight? I don’t see any. We will begin with a presentation by Ms. Shoopman, if you would. LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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 JOCELYN SHOOPMAN: Thank you, good evening. Before you tonight is a request for approval of a zone change from R-1:8 Prezone to CH, and a General Plan Amendment to change the land use designation from Low Density Residential to Mixed-Use Commercial. The approximate 10,000 square foot parcel is located at the southeast corner of Los Gatos Boulevard and Farley Road and contains an existing commercial building. The property is presently located in an unincorporated area of Santa Clara County with the zoning of Administrative and Professional Office and a General Plan use designation of Urban Service Area Los Gatos. Concurrently with the zone change and General Plan Amendment Application the property owner has also submitted an Annexation Application that is currently under review by the County. It is anticipated that the Town Council will consider this once that review has been completed. At this time no modifications to the building or use of the building as a dentist office is proposed by the Applicant. The General Plan Committee considered the request on May 10th of this year where the Committee recommended approval of the General Plan Amendment. LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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 This completes Staff’s presentation, but I’m available for any questions. CHAIR BARNETT: Thank you for that, Ms. Shoopman, and I’ll turn to my fellow commissioners and see if they have any questions, and I do not see any, so thank you again. We’ll now open the public portion of the public hearing on Item 1 and give the Applicant an opportunity to address the Commission for up to five minutes, and we have two cards, Mr. Ching and Mr. Shanks, and if you’re part of the same team then there will be a five-minute limit for both of you. ROGER SHANKS: Good evening, I’m Roger Shanks, a land use consultant working with the applicant on this project. This is an interesting project in that it’s already been changed to this designation with the 2040 General Plan, which has now been suspended for a while, so we are asking that this go back to the same designation. If we could put up that one slide. This is your General Plan and the property under discussion is right here; I tried to circle that. It is about the only commercial piece fronting on Los Gatos Boulevard that is not in this designation; it is designated right now Single- Family. The three properties adjacent to it, right here, LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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 all back up to Los Gatos Boulevard; they have no access to the street, so they’re accessing into the residential neighborhood. This is a single-story building; they want to keep that. At this point they have no intention of changing it. The access is out to Los Gatos Boulevard. We feel this really conforms to the overall goal and objective of the General Plan and is in keeping with the theme of maintaining the residential character of the surrounding area and not impacting on that. If you have any questions, I would be more than glad to answer, and the property owner is here also. CHAIR BARNETT: Will the property owner be speaking too? ROGER SHANKS: Yes, he will. CHAIR BARNETT: So let’s stop the clock if we can and ask Commissioners if they have any questions for you at this time. I don’t see any. So, Mr. Ching. JESUS CHING: My name is Jesus Ching; I’m the property owner of 15810 Los Gatos Boulevard. I just want to say thank you to Jennifer and Jocelyn for helping me walk through this whole detailed process over the last three years. LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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 Please consider our proposal here. We are trying to get the property incorporated into the Town of Los Gatos and continue to provide services for the community. Thank you. CHAIR BARNETT: Thank you, sir. Before you go back to sitting down, I’ll ask Commissioners if they have any questions for you, and I do not see any, so thank you again. JESUS CHING: Thank you. CHAIR BARNETT: We’ll invite comments on Item 1 from members of the public. Please use the raised hand feature in Zoom, or if you’re speaking in person tonight and have not already done so, please bring up a card to Staff. I don’t see anyone. Mr. Paulson? JOEL PAULSON: Thank you, Chair. No, there’s no one with their hand raised for this item. CHAIR BARNETT: Okay, thank you. We’ll now close the public portion of the public hearing and ask if any Commissioners have questions of Staff, wish to comment on the request, or introduce a motion for consideration by the Commission? Commissioner Hanssen. COMMISSIONER HANSSEN: I don’t have any questions. I actually sit on the General Plan Committee when we heard the General Plan Amendment portion of this. LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 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 This is both a General Plan Amendment and a zoning change, but it would make it consistent with its General Plan designation if the Commission approves it. When we heard this at the General Plan Committee there were a few questions, but there were no issues that anyone brought up; it seemed very straightforward. We don’t have the Los Gatos Boulevard Plan anymore, but when we had that plan the idea was the only Residential on the boulevard was going to be farther down south, so this seemed to be very consistent with both the 2020 General Plan and what we were looking at in the Housing Element, and ultimately if the 2040 Land Use Plan is approved in any form it should be consistent with that as well. CHAIR BARNETT: Thank you, Commissioner Hanssen. Other input? We’ll start with Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I also sit on the General Plan Committee, and the comments that we had during that meeting also involved talking about this notion of small town character, the proximity of this Residential designation to other residences, and whether it made sense for there to be a Residential designation on Los Gatos Boulevard with an access off of Los Gatos Boulevard, and for a lot of reasons it doesn’t make sense for that to be Residential, so the request seemed reasonable to us. LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 8 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’s designated Residential, but if it’s changed to Mixed-Use then in theory we have the opportunity to see more Residential than just one unit on this property, and that’s also consistent with where we want to go with the General Plan and the Housing Element. I want to just reiterate that I believe it is the only Residential… I mean it isn’t Residential, it’s working as a Commercial entity, but there are no other residences or anything close to Residential from Lark Avenue down to probably past Blossom Hill Road, so it doesn’t seem to make sense for the overall fabric of the Town for this to remain Residential, so I’m in support of making the recommendation as requested. CHAIR BARNETT: Thank you for that, and Commissioner Burnett, you had your hand up. COMMISSIONER BURNETT: Yes, thank you, Chair. A question. I agree with Commissioner Janoff. I did want to mention that the property is located in an unincorporated area of Santa Clara County and that the property owner has submitted an Annexation Application that is under review, so I just wanted to be sure there would be no issue regarding that matter. JOCELYN SHOOPMAN: No, there’s no issue with that. LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 9 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 BARNETT: Anything further? I’d like Ms. Armer to confirm what I believe I heard yesterday, which is that housing would be allowed in this CH zone, at least if there was a Conditional Use Permit. JENNIFER ARMER: Thank you for that question. Yes, this is in a Mixed-Use zone, or is proposed to be in a Mixed-Use zone, and therefore Residential could be allowed on the site as part of a Mixed-Use project through the Conditional Use Permit process. CHAIR BARNETT: Thank you very much. I think we might be ready for a motion. Commissioner Hanssen. COMMISSIONER HANSSEN: I move that we approve General Plan Amendment Application GP-23-001 and Zone Change Application Z-23-001, which is considering a request for approval for a zone change from R-1:8 Prezone (Single- Family Residential) to CH (Restricted Commercial Highway), as well as the General Plan Amendment to change the land use designation from Low Density Residential to Mixed-Use Commercial for property located at 15810 Los Gatos Boulevard, APN 523-01-001. An Environmental Impact Report was prepared and certified for the 2040 General Plan Update on June 30, 2022, which was mentioned by our Chair. This included the proposed general amendment for the property. No further LOS GATOS PLANNING COMMISSION 7/12/2023 Item #1, 15810 Los Gatos Boulevard 10 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 environmental analysis is required because of that, and the property owners were already speaking. I can make the required findings for CEQA, and I can make the findings for the required consistency with the Town’s General Plan, that the General Plan Amendment is internally consistent with the existing goals and policies of the plan and its elements, and that the proposed zoning is also consistent with the proposed General Plan change. I think there is a draft ordinance. Do we have to mention that as well in the motion? Okay, so that’s my motion. CHAIR BARNETT: Thank you for the motion. Do we have a second? Commissioner Janoff. COMMISSIONER JANOFF: Second. CHAIR BARNETT: Any discussion? We can have show of hands now, so all those in favor of the motion? It passes unanimously. Thank you very much. (END)