Item R-1 Staff Report Accept Report from the Planning Commission Regarding Proposed Redevelopment Plan and Environmental Impact ReportAGENCY AGENDA
DATE: 9/16/91
ITEM NO. 210
TOWN OF LOS GATOS
AGENCY AGENDA REPORT
DATE. September 12, 1991
TO: CHAIR AND MEMBERS OF THE R EVELOPMENT AGENCY
FROM: EXECUTIVE DIRECTOR
SUBJECT: ACCEPT REPORT FROM THE PLANNING COMMISSION REGARDING PROPOSED
REDEVELOPMENT PLAN AND ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION:
For Agency information. No action is required.
DISCUSSION:
On July 24, 1991, as requested pursuant to Section 33346 of the Health and Safety Code (Califomia
Community Redevelopment Law), the Planning Commission considered the Proposed Redevelopment Plan
and Draft Environmental Impact Report for the Central Los Gatos Redevelopment Project. The Commission
subsequently considered the provision of the Plan regarding eminent domain on September 11, 1991. The
Planning Commission Reports (Attachments 2, and 5) discuss the review process in detail and are attached
for Council consideration. The Commission's recommendations are contained in the attached resolutions
(Attachments 1 and 3).
FISCAL IMPACT: None.
PREPARED BY:
LEB:BL:lkj
L15\2cnclrpt\.cc*pt.rav
LEE E. BOWMAN u
Redevelopment Planning Director
(Continued on Page 2)
9/12/91 12:36 pm
Fil• /
ATTACHMENTS:
1. Planning Commission Resolution making additional recommendations on the Redevelopment Plan
for the Central Los Gatos Redevelopment Project.
2. Planning Commission Report dated September 6, 1991, including Desk Item.
3. Planning Commission Resolution making its report and recommendation on the proposed
Redevelopment Plan for the Central Los Gatos Redevelopment Project.
4. Planning Commission Minutes dated July 24, 1991.
5. Planning Commission Report dated July 19, 1991.
DISTRIBUTION: See Page 2 for Distribution list.
Reviewed by: General Counsel Finance Director
AGENCY ACTION/ACTION DIRECTED TO:
X-2
PAGE 2
REDEVELOPMENT AGENCY
SUBJECT: ACCEPT REPORT FROM THE PLANNING COMMISSION REGARDING PROPOSED
REDEVELOPMENT PLAN AND ENVIRONMENTAL. IMPACT REPORT
September 12, 1991
DISTRIBUTION:
Robert F. Beyer, Beyer and Associates, P.O. Box 2911, Saratoga CA 95070
John B. Dykstra, Dykstra and Associates, 6644 Ascot Dr., Oakland, CA 94611
Catherine Dela Cruz: McDonough, Holland and Allen, 555 Capitol Mall, Suite 950, Sacramento, CA 95814
Stephanie Smith Lovette, Sutro and Company, 201 California St., San Francisco, CA 94111-5096
X-3
RESOLUTION 91-6
RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF LOS GATOS
MAKING ADDITIONAL RECOMMENDATIONS ON THE REDEVELOPMENT
PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT
WHEREAS, pursuant to Section 33346 of the Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) and by Resolution No. 91-5 on July 24,
1991, the Planning Commission of the Town of Los Gatos (the "Planning Commission")
made certain findings regarding the proposed Central Los Gatos Redevelopment Plan (the
"Redevelopment Plan") and reported and made recommendations to the Redevelopment
Agency of the Town of Los Gatos (the "Agency") and the Town Council of the Town of Los
Gatos (the "Town Council") regarding the Redevelopment Plan and recommended the
approval and adoption of such Redevelopment Plan; and
WHEREAS, the Agency has submitted a proposed change in the Redevelopment
Plan's eminent domain provisions to the Planning Commission for report and
recommendations; and
WHEREAS, the Planning Commission finds that the proposed change is necessary to
clarify and define the scope of the proposed eminent domain authority of the Agency; and
J WHEREAS, the proposed change does not change the findings, report and
j recommendations contained in Section 1 and Section 2 of Planning Commission Resolution
�1 No. 91-5;
iRESOLVED:
Section 1. The Planning Commission hereby finds and determines that the
JRedevelopment Plan should be amended as follows:
The second paragraph of Section 309 of the Redevelopment Plan should be amended
Iin its entirety to read as follows:
X-4
CI3 :B.EP'�LIS\RIDEV.DS[ •
ArT'A,CF ME"I_ . 1.
1
"It is in the public interest and is necessary in order to eliminate
the conditions requiring redevelopment and in order to execute
this Plan for the power of eminent domain to be employed by
the Agency to acquire real property in the Project Area which
cannot be acquired by gift, devise, exchange, purchase or any
other lawful method; provided, however, that the Agency may
not acquire by eminent domain single-family residential
dwellings which are located upon R-1 (Single -Family
Residential) and R-1D (Single -Family Residential Downtown)
zoned properties as defined by the Los Gatos Zoning Ordinance
on the date the ordinance adopting this Plan becomes effective.
Eminent domain proceedings, if used, must be commenced
within twelve (12) years from the date the ordinance adopting
this Plan becomes effective."
Section 2, The Planning Commission hereby further finds that the change to the
proposed Redevelopment Plan contained herein does not change the findings, report and
recommendations contained in Section 1 and Section 2 of Planning Commission Resolution
No. 91-5. Those findings, reports and recommendations are incorporated by reference, and
the Planning Commission recommends that approval and adoption of the Redevelopment
Plan, including the change referred to in Section 1 hereof.
Section 3, The Planning Commission hereby determines that this resolution,
together with Planning Commission Resolution No. 91-5, shall constitute the full and
complete report and recommendations of the Planning Commission on the proposed
Redevelopment Plan, including the change referred to in Section 1 hereof. The Planning
Director shall transmit a certified copy of this resolution to the Agency and Town Council
of the Town of Los Gatos for consideration as part of the Agency's Report to Council
pursuant to Section 33352 of the Community Redevelopment Law. This resolution,
together with Planning Commission Resolution No. 91-5, shall be deemed the report and
recommendations of the Planning Commission concerning the proposed Redevelopment
C13:REPORTS \R EY.uSL
X-5
•
oatogar
Plan, including the change in referred to in Section 1 hereof, and contemplated public
projects and activities thereunder as required by applicable provisions of law.
PASSED AND ADOPTED by the Planning Commission of the Town of Los Gatos
this llth day of September, 1991 by the following vote:
AYES: COMMISSIONERS Michael Abkin, Marcia Allmand, Lee Chase, Patrick
O'Laughlin and Diane Roberts
NAYS: COMMISSIONERS None
ABSENT: COMMISSIONERS Susan Grimes, Kathryn Morgan, Allen Rudolph and
Mimi Whitney-Hafft
ABSTAIN: COMMISSIONERS None
SIGNED: /s/ Lee Chase
LEE CHASE, Chair
Los Gatos Planning Commission
ATTEST:
/s/ Lee E. Bowman
LEE E. BOWMAN, Secretary
cxa :REPORTS \RmiV
X-6
i
X-7
Date:
September 6, 1991
For Agenda Of: September 11, t 991
Agenda Item: 13
REPORT TO: The Planning Commission
FROM: Lee E. Bowman, Redevelopment Director
SUBJECT: Consideration of whether eminent domain should be included in the Central Los
Gatos Redevelopment Plan
DISCUSSION:
The California Community Redevelopment Law (Health and Safety Code) requires that the Redevelopment
Plan for the Central Los Gatos Redevelopment Project (Plan) include provisions for the use of eminent
domain by the Redevelopment Agency if it is determined that such power is necessary to execute the Plan
and it is not possible to acquire the property by gift, devise, exchange, purchase or any other lawful manner.
The Agency has previously indicated a reluctance to provide for the use of eminent domain on property
zoned Single Family Residential but conceded that it may be necessary to provide for its use on property
zoned Multiple Family Residential and for all nonresidential zones located within the redevelopment project -
area.
In order for the Agency to make a final determination regarding this matter, the issue must first be discussed
by the Planning Commission. Consequently, the Agency has referred this matter to the Planning
Commission. The Commission's recommendation will then be forwarded to the Agency for consideration.
The Agency must make a final determination regarding the use of eminent domain by September 16, 1991,
because the notice to property owners must include a statement regarding this issue and there is no need
to cause undue concem to property owners if the Agency decides that the Plan should not include a
provision for use of eminent domain for property zoned Single Family Residential.
It is impossible to anticipate whether the Agency will need to use the power of eminent domain to complete
the projects that are identified in the plan. Obviously, eminent domain would only be used as a last resort
but in some situations condemnation can actually be beneficial to the property owner because it may entitle
the owner to tax credits.
RECOMMENDATION:
The Town Council and the Redevelopment Agency should restrict the use of eminent domain to
nonresidential and Multiple Family Residential zones.
Lee E. Bowman, Planning Director
Prepared by: Bud Lortz, Senior Planner
LEB:BLJkj
cc: Robert F. Beyer, Beyer and Associates, P.O. Box 2911, Saratoga CA 95070
John B. Dykstra, Dykstra and Associates, 6644 Ascot Dr., Oakland, CA 94611
Catherine Dela Cruz; McDonough, Holland and Allen, 555 Capitol Mall, Suite 950, Sacramento, CA
95614
Stephanie Smith Layette, Sutra and Company, 201 California St., San Francisco, CA 94111-5096
LI5\reports\ri Dar'en
X-8
11 f'.CH.IlttlEN
Date: September 11. 1991
For Agenda Of: September 11, 1991
Agenda Item: 13
DESK ITEM
REPORT TO: The Planning Commission
FROM: The Development Review Committee
SUBJECT: Consideration of whether eminent domain should be included in Los Gatos
Redevelopment District.
A. DISCUSSION:
Attached is a copy of a draft Resolution that makes additional recommendations regarding the
Redevelopment Plan concerning eminent domain. This issue is discussed in detail in the Planning
Commission Report that is included in your packet.
Lee . Bowman, Planning Director
Prepared by: Bud Lortz, Senior Planner
LEB:BL:cher
C13:AEPOATS\AEDEV.05K
X-9
RESOLUTION
RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF LOS GATOS
MAKING ADDITIONAL RECOMMENDATIONS ON THE REDEVELOPMENT
PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT
WHEREAS, pursuant to Section 33346 of the Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) and by Resolution No. 91-5 on July 24,
1991, the Planning Commission of the Town of Los Gatos (the "Planning Commission")
made certain findings regarding the proposed Central Los Gatos Redevelopment Plan (the
"Redevelopment Plan") and reported and made recommendations to the Redevelopment
Agency of the Town of Los Gatos (the "Agency") and the Town Council of the Town of Los
Gatos (the "Town Council") regarding the Redevelopment Plan and recommended the
approval and adoption of such Redevelopment Plan; and
WHEREAS, the Agency has submitted a proposed change in the Redevelopment
Plan's eminent domain provisions to the Planning Commission for report and
recommendations; and
rJ
WHEREAS, the Planning Commission finds that the proposed change is necessary to
clarify and define the scope of the proposed eminent domain authority of the Agenry; and
WHEREAS, the proposed change does not change the findings, report and
recommendations contained in Section 1 and Section 2 of Planning Commission Resolution
No. 91-5;
RESOLVED:
Section 1. The Planning Commission hereby finds and determines that the
Redevelopment Plan should be amended as follows:
The second paragraph of Section 309 of the Redevelopment Plan should be amended
in its entirety to read as follows:
X-10
ct
1
"It is in the public interest and is necessary in order to
eliminate the conditions requiring redevelopment and in order
to execute this Plan for the power of eminent domain to be
employed by the Agency to acquire real property in the Project
Area which cannot be acquired by gift, devise, exchange,
purchase or any other lawful method; provided, however, that
the Agency may not acquire by eminent domain single-family
residential dwellings which are located upon R-1 (Single -
Family Residential) and R-1D (Single -Family Residential
Downtown) _oned properties as defined by the Los Gatos
Zoning Ordinance on the date the ordinance adopting this Plan
becomes effective. Eminent domain proceedings, if used, must
be commenced within twelve (12) years from the date the
ordinance adopting this Plan becomes effective." •
Section 2, The Planning Commission hereby further finds that the change to the
proposed Redevelopment Plan contained herein does not change the findings, report and
recommendations contained in Section 1 and Section 2 of Planning Commission Resolution
No. 91-5. Those findings, reports and recommendations are incorporated by reference, and
the Planning Commission recommends that approval and adoption of the Redevelopment
Plan, including the change referred to in Section 1 hereof.
• Section 3. The Planning Commission hereby determines that this resolution,
together with Planning Commission Resolution No. 91-5, shall constitute the full and
complete report and recommendations of the Planning Commission on the proposed
Redevelopment Plan, including the change referred to in Section 1 hereof. The Planning
Director shall transmit a certified copy of this resolution to the Agency and Town Council
of the Town of Los Gatos for consideration as part of the Agency's Report to Council
pursuant to • Section 33352 of the Community Redevelopment Law. This resolution.
together with Planning Commission Resolution No. 91-5, shall be deemed the report am..
recommendations of the Planning Commission concerning the proposed Redevelopment
cz3PoarslaEDEV.DSk X-11
Plan, including the change in referred to in Section 1 hereof, and contemplated public
projects and activities thereunder as required by applicable provisions of law.
PASSED AND ADOPTED by the Planning Commission of the Town of Los Gatos
this day of , 1991 by the following vote:
AYES: COMMISSIONERS
NAYS: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
SIGNED:
LEE CHASE, Chair
Los Gatos Planning Commission
ATTEST:
LEE E. BOWMAN, Secretary
X-12
C 13: REPORTS\REDEV.DSK
X-13
RESOLUTION 91-5
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS GATOS
MAKING ITS REPORT AND RECOMMENDATION ON ADOPTION
OF THE PROPOSED REDEVELOPMENT PLAN FOR THE
CENTRAL LOS GATOS REDEVELOPMENT PROJECT
WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency")
submitted to the Planning Commission of the Town of Los Gatos (the "Planning
Commission") a proposed Redevelopment Plan (the "Redevelopment Plan") for the Central
Los Gatos Redevelopment Project (the "Project"); and
WHEREAS, by Resolution No. 91-1 on February 13, 1991, the Planning Commission
formulated and adopted the Preliminary Plan for the Project; and
WHEREAS, the proposed Redevelopment Plan authorizes the Agency to acquire
land for, and install or construct (or cause the installation or construction of) certain
designated public improvements and public utilities either within or without the Project
Area, subject to the limitations contained in said Redevelopment Plan; and
WHEREAS, Section 3346 of the Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) provides that the Planning Commission is to review the
proposed Redevelopment Plan and make its report and recommendation concerning the
Redevelopment Plan and its conformity to the General Plan of the Town of Los Gatos to
the Agency and the Town Council, and may submit its recommendation for or against
approval of the Redevelopment Plan; and
WHEREAS, the General Plan of the Town of Los Gatos has been prepared and
adopted in compliance with Planning and Zoning Law (Government Code Section 65300
et seq.); and
WHEREAS, Section 65402 of the Government Code provides, in part:
"(a) If a general plan or part thereof has been adopted, no real property shall be
acquired by dedication or otherwise for street, square, park or other public
purposes, and no real property shall be disposed of, no street shall be vacated
or abandoned, and no public building or structure shall be constructed or
authorized, if the adopted general plan or part thereof applies thereto, until
the location, purpose and extent of such acquisition or disposition,such street
vacation or abandonment,or h the planning agency as topublic builnor c onformiryhave been
with
submitted to and reported upon b Y
said adopted general plan or part thereof.. .
X-14
:t 1 \ REPORTS\REDEVE -
h,,TTA C H i 1 EN
'(c) A local agency shall not acquire real property for any of the purposes
specified in paragraph (a) nor dispose of any real property, nor construct or
authorize a public building or structure, in any county or city, if such county
or city has adopted a general plan or part therefor and such general plan or
part thereof is applicable thereto, until the location, purpose and extent of
such acquisition, disposition, or such public building or structure have been
submitted to and reported upon by the planning agency having jurisdiction,
as to conformity with said adopted general plan or part thereof..."' and
WHEREAS, the above -required reports and recommendations, including matters
referred to in Section 33346 of the Health and Safety Code and Section 65402 of the
Govern nt Code, are to be -rtade to the Agency and the Town Council for their
consider_:ion in acting on the adoption of the Redevelopment Plan; and
WHEREAS, the Planning Commission has considered the proposed Redevelopment
Plan and the reports prepared in connection therewith, including the Draft Environmental
Impact Report, the General Plan of the Town and other pertinent reports;
RESOLVED:
Section 1. Findings. The Planning Commission hereby finds and determines that:
(a) Pursuant to Section 33346 of the Community Redevelopment Law, the
proposed Redevelopment Plan for the Central Los Gatos Redevelopment Project conforms
to the General Plan of the Town of Los Gatos since the proposed land uses, layout of
streets and sidewalks, construction of low income housing, preservation of open spa
improvement of flood control measures, upgrading structures to current seismic standae _
preservation of historic structures and natural resources, new construction in compliance
with current energy and seismic conservation standards, and building intensities and
standards in the proposed Redevelopment Plan are consistent with the General Plan.
Downtown Specific Plan and Hillside Specific Plan.
(b) Pursuant to Section 65402 of the Government Code, with respect to activities
which may be undertaken within the Project Area pursuant to the Redevelopment Plan and
that are referred to in said section, such activities and undertakings conform tho
the General
e d
Plan of the Town of Los Gatos since the activities identified in proposed
Redevelopment Plan are consistent with specific Goals,
Policies and Implementation
Measures contained in the General Plan, Downtown Specific Plan and Hillside Specific
Plan that relate to land uses, layout and maintenance of public streets and sidewalks,
X-15
Ct 1 \ REPdRt`51RELIEyE--
population densities, and building intensities and standards including seismic safety
standards.
Section Z. Reports and Recommendations.
(a) The Planning Commission hereby reports to the Redevelopment Agency of
the Town of Los Gatos and the Town Council of the Town of Los Gatos the findings
referred to in Section 1 hereof.
(b) The Planning Commission recommends approval and adoption of the
Redevelopment Plan.
Section 3. Transmittal. The Planning Director shall transmit a certified copy of
this resolution to the Redevelopment Agency of the Town of Los Gatos and the Town
Council of the Town of Los Gatos for consideration as part of the Agency's Report to the
Town Council pursuant to Section 33352 of the Community Redevelopment Law, and this
resolution shall be deemed the report and recommendations of the Planning Commission
concerning the proposed Redevelopment Plan and contemplated public projects and
activities thereunder as required by applicable provisions of law.
PASSED AND ADOPTED by the Planning Commission of the Town of Los Gatos
this 24th day of July, 1991 by the following vote:
AYES: COMMISSIONERS Michael Abkin, Marcia and, Lee Chase, Susan
Grimes, Kathryn Morgan, Diane Roberts, Allen Rudolph
and Mimi Whitney-Hafft
NAYS: COMMISSIONERS None
ABSENT: COMMISSIONERS Patrick O'Laughlin
ABSTAIN: COMMISSIONERS None
ATTEST:
LEE E. BOWMAN
Secretary
C11 \REPORTS\RE
-\
SIGNED:
LEE CHASE, Chair
Los Gatos Planning Commission
X-16
X-17
ITEM 8
?TANNING COMMISSION MEETING
Minutes of July . 1991
Protos�d RedevelOPment Plan and Draft Environmental Impact Report
No one present wished to speak on this matter; public portion of hearing dosed.
Comm. Abkin: On pages 18 and 19 of the Redevelopment Plan wording seems to read
that the Redevelopment Agency would assume the powers of the Town Council and
Planning Commission. Page 18 states 'within the limits, restrictions and controls
established In this Plan the Agency is authorized to establish heights of buildings. land
coverage, setback requirements. design criteria. traffic circulation, traffic access and
other development and design controls necessary for proper development...' Page 19
states 'the Agency may from time to time designate one or more specific planning areas
which will be defined by boundaries within the project area. a specific area of plan of
X-18
A TT C i-4 I ifr
PLANNING COMMISSION MINUTES --22
July 24, 1991
use and development may then be prepared....' This sounds like they have the authority
to set all kinds of zoning regulations for the area and prepare specific plans for the area.
Bowman: They do. It's standard for agencies to have this authority though in reality this
will go through the Planning Commission and the Council before it would occur. Overall
in the proposed Redevelopment Plan, the Town's General Plan and any Specific Plan
would still control and are over the Redevelopment Plan. The Redevelopment Plan
cannot be inconsistent with the General Plan or any adopted Specific Plan.
Abkin: Projects proposed for the redevelopment area come before the Commission and
the Council or only approved by the Redevelopment Agency?
Bowman: Project: 'he redevelopment area will come before the Planning
Commission; you 3 giving advice to the Council as the Agency.
Abkin: We would re ,w those proposals with respect to the design guidelines,
development standards, zoning ordinance or with respect to those things established by
the Agency or both?
Bowman: Both. The Agency is a separate body even though the Town Council is the
Agency and there is a process for creating a Planning Commission to go with the
Agency. In small towns, such as Los Gatos, the Council and the Agency are the same
and the Planning Commission for the Agency is the same body. The Council's intent is
that would always be the case: there is no intent that anything the Agency could do
could circumvent any Town ordinances or regulations.
Comm. Morgan: It is stated in the ElR that it is the Town' rhino use tc. l�ete�s of
Redevelopment Agency funds only for earthquake repair, g,
damage from the earthquake. That's never said anywhere.
Bowman: The intent is to use it for everything you said but you put the word 'only' in
there. It's not the only use of the Agency but it is the primary impetus for the Agency.
Morgan: What are the Council's other plans?
Bowman: They're looking at economic recovery as will arearthquake rpe repair.
of .dWe're n. not
talking about a ciearance project or acquiring props
Morgan: What affect will this have on our high school district?
Bowman: We understand the high school district coming this
ar ill s risen basic
aid district This means enrollment has dropped ahi assessed value
a point
where they have crossed a line and the district is no longer subject to the State formula
for determining ADA The only thing the district gets is basic aid which sThimeanos the
s
student: the remainder of the revenue is raised by local property tax.
district will eventually be able to have more money available per student that what they
would get under normal State funds.
Morgan: What about the share of property taxes that would go to the schools?
Bowman: If the Town does not pass through all
it the increment
e e g gotten if tto the he of district did not
o
school district will be getting less money
have the Redevelopment Agency. But, it does not mean the district gets less money
than what it is getting now because the base is started now and there is a two percent
X-19
PLANNING COMMISSION MINUTES -23
July 24, 1991
increase each year.
Morgan: But it would get less money than it would otherwise get.
Bowman: Every agency. including the Town, will get less tax money than it would get
otherwise if the agency did not exist.
MOTION Chair Chase moves, seconded by Comm. Grimes, to adopt Resolution 91-5, shown as
Exhibit A of the staff report.
MOTION Chase withdrew the motion to consider the seven recommendations of the staff report
WITHDRAWN individually.
MOTION
Chair Chase moves, seconded by Comm. Abkin, that the proposed Redevelopment Plan
is consistent with the General Plan because it Is in fact proposing to restore damaged
buildings back to their previous condition and usage and there would be no plan to
make any changes that would be in conflict with the General Plan.
Comm. Abkin: Additional findings are that the Redevelopment Plan is also consistent
with the Housing Element of the Generai Plan insofar as it would provide resources for
low and moderate income housing in the Town: will also improve traffic circulation in the
Town through promotion of transit facilities: will improve public services through the
improvement of streets, alleys, sewers. etc.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
MOTION Comm. Abkin moves, seconded by Comm. Rudolph, to find that pursuant to Section
65402 of the Government Code that the activities to be taking place under the proposed
Redevelopment Plan will conform to the General Plan for the same findings and reasons
stated in previous motion.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
Comm. Morgan: Would like to make a motion as a comment on the Development Plan,
page 2. Section A, line 3, paragraph (a), beginning the elimination of obsolete and aged
buildings types...' That makes me very nervous even though I know that's not the
Council's intent. Would like to delete that.
Bowman: In order to create a redevelopment project one of the major issues is whether
r not
building have
typeblight. We also have anvery strong statement blight
in thdeals
Plan about obsoleteandaged
preservation.
X-20
PLANNING COMMISSION MINUTES --24
July 24, 1991
Morgan: What about substituting deteriorating or unsafe buildings.
Bowman: if you want to make the motion that you would like to see that change, would
want to run it past the redevelopment attorney to make sure we aren't compromising
something the Town wants to do. If there's no compromising, then the Council can
include the wording. if it's going to create a problem for the Town then the Council can
take it out.
Chair Chase: Can we add a sentence that destruction of historic buildings will be
avoided or every effort will be made to rehabilitate historic structures?
Bowman: Yes.
CONSENSUS Comm. Morgan moves by consensus motion. seconded by Comm. Abkin, that this
MOTION phrase be investigated by the attorney and wording be added that this excludes historic
buildings.
Comm. Allmand: Perhaps should leave the language as is in order to properly establish
the Redevelopment Agency but if want to add language regarding historic structures.
which is already in the report, we're free to do so. The danger in akinbga�wayr She filing
he
verbiageyou're rightly concerned with Is that someone analyzing
for the Agency, not seeing the appropriate words. would Immediately declare that there
is no blight.
Morgan: My motion is not to delete the verbiage but to have the attomey investigate
that and see if we can add a sentence that every effort will be made to have historic
structures will be preserved or rehabilitate whenever possible.
Motion passes unanimously, 8-0. Roberts, Rudolph and
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
CONSENSUS Comm. Abkin moves by consensus motion, seconded by Comm. Morgan, that the
MOTION Council, Redevelopment Agency and the Town make every effort to preserve, as stated
on Page unlike
that Los GaArea town
and in cllt aracter On bottom of Page 69 It saydowntown is a village out of the sst
.the
Loe u os any other Bayresult from this Redevelopment Project shall have more
Los Gatos downtown which mayThe parking spaces which in turn may bring new business to the Town. lost sense
of what I
small town, which Los Gatos has preserved, may to some degree
want my motion to avoid. That It is our job to make every effort to see that that
doe the
happen. That guidelines are set up, the standards that are set up for prof
ects withinRedevelopment Area insure that that is not lost
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
X-21
PLANNING COMMISSION MINUTES -25
July 24, 1991
CONSENSUS Comm. Abkin moves by consensus motion, seconded by Chair Chase, that we
MOTION understand the statement made at top of Page 7 '...by eliminating one or more individual
improvements the overall sum of the environmental impacts could be reduced.' The
only environmental impacts identified there are temporary ones associated with noise, air
quality, traffic disruption due to construction. There are no long term negative,
detrimental Impacts that are identified In this report; those referenced are the temporary
construction related impacts. Add wording to that effect.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
MOTION Comm. Morgan moves, seconded by Chair Chase, to recommend that the Council
certify that it has reviewed and considered the information In the Draft Environmental
impact Report, adding the proposed changes made by the Planning Commission at this
hearing, and that the Draft Environmental Impact Report has been completed In
compliance with the requirements of the California Environmental Quality Act and State
and Federal guidelines.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
MOTION Comm. Morgan moves, seconded by Chair Chase, to recommend that the Council find
that changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects as identified in the Draft
Environmental Impact Report and as underlined by Comm. Abkin in the previous motion.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
Comm. Morgan: On Page 2, where it says Resolved, Section 1, Findings, paragraph A,
4th line from bottom, 'preservation of historic structures and natural resources. new
construction in compliance with current energy conservation standards....' Think it
would behove us to add 'current seismic safety standards' and propose that addition.
Why is it necessary to make this consistent with the Hillside Specific Plan when none of
the areas are in the hillsides.
Bowman: The southern border of the project area is within the area covered by the
Hillside Plan.
Comm. Abkin: You commented that seismic safety is what it's all about. I'm a Iittie shy
of thinking that's the issue.
X-22
PLANNING COMMISSION MEETING
Minutes of July 24, 1991
Morgan: It's also for economic recovery; Just want to add seismic safety standards;
Abkin: I can see that: want to get away from giving the Impression as the EIR does that
this is just an earthquake recovery project. It's a lot more than that.
Comm. Whitney: Further up on the page It says 'upgrading structures to current seismic
standards.' That may have covered It
Morgan: Want to add it to new construction.
Whitney: Doubt that new construction could get away without it but have no objection
to the addition.
MOTION Comm. Morgan moves, seconded by Comm. Whitney, to adopt Planning Commission
Resolution 91-5, attached to the staff report as Exhibit i gPthe r reportthe Central Los
recommendation on adoption of the proposed
Gatos Redevelopment Project with the addition of seismic safety standards under new
construction.
Chair Chase: Where is the new wording to be added?
Morgan: Resolved. Section 1, Findings (a), Tine 7, '...current energy conservation and
seismic standards....'
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Chase, Grimes, Morgan, Roberts, Rudolph and
Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner O'Laughlin
X-23
Date: July 19, 1991
For Agenda Of: July 24. 1991
Agenda Item: 8
REPORT TO: The Planning Commission
FROM: Lee E. Bowman, Planning Director
SUBJECT: Review and recommendation regarding the proposed Redevelopment Plan and
Draft Environmental Impact Report for the Central Los Gatos Redevelopment
Project.
FINDINGS: In order to recommend adoption of the proposed Redevelopment Plan, the
Planning Commission must find and determine that:
A. Pursuant to Section 33346 of the Community Redevelopment Law, the
proposed Redevelopment Plan for the Central Los Gatos Redevelopment
Project conforms to the General Plan of the Town of Los Gatos.
B. Pursuant to Section 65402 of the Government Code, with respect to
activities which may be undertaken within the Project Area pursuant to the
proposed Redevelopment Plan and that are referred to in said section.
such activities and undertakings conform to the General Plan of the Town
of Los Gatos.
EXHIBITS:
A. Draft Planning Commission Resolution recommending approval and
adoption of the proposed Redevelopment Plan for the Central Los Gatos
Redevelopment Project. •
B. Letter to Bud Lortzfrom Ashok Vyas, Project Engineer. Santa Clara County
Transportation Agency dated June 20, 1991.
C. Letter to Bud Lortz from Dr. Bemard H. Goldner, Environmental Specialist.
Project Development Branch, Santa Clara Valley Water District, dated
July 8, 1991.
RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution
SUMMARY: (Exhibit A).
A. DISCUSSION:
As required pursuant to Section 33346 of the Health and Safety Code (California Community
Redevelopment Law), the Los Gatos Redevelopment Agency has referred the proposed
Redevelopment Plan for the Central Los Gatos Redevelopment Project to the Planning Commission
for its report and recommendation concerning the plan and its conformity with the General Plan.
The proposed Redevelopment Plan was prepared by the Town's legal consultant for redevelopment.
McDonough, Hollard and Allen, and conforms with the requirements of the California Community
Redevelopment Law. The Planning Commission is required to, 'make and file its report and
recommendation with the agency' within 30 days after the plan is submitted to the Planning
Commission for consideration (H & SC § 33347). In addition, the Planning Commission should
review and comment on the Draft Environmental Impact Report for the Central Los Gatos
Redevelopment Project The comments that have been received to date are included as Exhibits
B and C. The deadline for receiving comments is July 25, 1991.
The proposed Redevelopment Plan and Draft Environmental Impact Report were sent to the Planning
Commission on July 5, 1991, in order to give the Commission an opportunity to review the
documents prior to the July 24, 1991 meeting.
The Town's fiscal subconsultant for redevelopment has recommended the following revision to the
proposed Redevelopment Plan:
X-24
ATTACH IT
"(c) A local agency shall not acquire real property for any of the purposes
specified in paragraph (a) nor dispose of any real property, nor construct or
authorize a public building or structure, in any county or city, if such county
or city has adopted a general plan or part therefor and such general plan or
part thereof is applicable thereto, until the location, purpose and extent of
such acquisition, disposition, or such public building or structure have been
submitted to and reported upon by the planning agency having jurisdiction,
as to conformity with said adopted general plan or part thereof..."' and
WHEREAS, the above -required reports and recommendations, including matters
referred to in Section 33346 of the Health and Safety Code and Section 65402 of the
Government Code, are to be made to the Agency and the Town Council for the,-
consideration in acting on the adoption of the Redevelopment Plan; and
WHEREAS, the Planning Commission has considered the proposed Redevelopment
Plan and the reports prepared in connection therewith, including the Draft Environmental
Impact Report, the General Plan of the Town and other pertinent reports;
RESOLVED:
Section 1. Findings. The Planning Commission hereby finds and determines
(a) Pursuant to Section 33346 of the Community Redevelopment Law, the
proposed Redevelopment Plan for the Central Los Gatos Redevelopment Project conforms
to the General Plan of the Town of Los Gatos since the proposed land uses, layout of
streets and sidewalks, construction of low income housing, preservation of open space,
improvement of flood control measures, upgrading structures to current seismic standards,
preservation of historic structures and natural resources, new construction in compliance
with current energy conservation standards, and building intensities and standards in the
proposed Redevelopment Plan are consistent with the General Plan, Downtown Specific
Plan and Hillside Specific Plan.
(b) Pursuant to Section 65402 of the Government Code, with respect to activities
which may be undertaken within the Project Area pursuant to the Redevelopment Plan and
that are referred to in said section, such activities and undertakings conform to the General
Plan of the Town of Los Gatos since the activities identified in the proposed
Redevelopment Plan are consistent with specific Goals, Policies and Implementation
Measures contained in the General Plan, Downtown Specific Plan and Hillside Specific
that:
c 11 \ reports, \redevel
X-25
RESOLUTION
RESOLUTION OF THE PLAYNING COMMISSION OF THE TOWN OF LOS GATOS
MAKING ITS REPORT AND RECOMMENDATION ON ADOPTION
OF THE PROPOSED REDEVELOPMEiv I' PLAN FOR THE
CENTRAL LOS GATOS REDEVELOPMENT PROJECT
WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency")
submitted to the Planning Commission of the Town of Los Gatos (the "Planning
Commission") a proposed Redevelopment Plan (the "Redevelopment Plan") for the Central
Los Gatos Redevelopment Project (the "Project"); and
WHEREAS, by Resolution No. 91-1 on February 13, 1991, the Planning Commission
formulated and adopted the Preliminary Plan for the Project; and
WHEREAS, the proposed Redevelopment Plan authorizes the Agency to acquire
land for, and install or construct (or cause the installation or construction of) certain
designated public improvements and public utilities either within' or without the Project
Area, subject to the limitations contained in said Redevelopment Plan; and
WHEREAS, Section 3346 of the Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) provides that the Planning Commission is to review the
proposed Redevelopment Plan and make its report and recommendation concerning the
Redevelopment Plan and its conformity to the General Plan of the Town of Los Gatos to
the Agency and the Town Council, and may submit its recommendation for or against
J approval of the Redevelopment Plan; and
WHEREAS, the General Plan of the Town of Los Gatos has been prepared and
adopted in compliance with Planning and Zoning Law (Government Code Section 65300
et seq.); and
WHEREAS, Section 65402 of the Government Code provides, in part:
"(a) If a general plan or part thereof has been adopted, no real property shall be
acquired by dedication or otherwise for street, square, park or other public
purposes, and no real property shall be disposed of, no street shall be vacated
or abandoned, and no public building or structure shall be constructed or
authorized, if the adopted general plan or part thereof applies thereto, until
the location, purpose and extent of such acquisition or disposition,such street
vacation or abandonment, or such public building or structure have been
submitted to and reported upon by the planning agency as to conformity with
said adopted general plan or part thereof.. .
c 1 1 \reports\redavel X-26
EXHIBIT A
The Planning Commission - Page 2
Subject: Review and recommendation regarding the Proposed Redevelopment Plan and Draft
Environmental Impact Report for the Central Los Gatos Redevelopment Project.
July 24, 1991
Page 21, paragraph 2
The portion of taxes divided and allocated to the Agency
pursuant to subdivision 2 of this Section 502 shall not
exceed a cumulative total of S200,060,000 S250,000,000.
Such limitation shall apply whether or not bonds are issued
or reimbursement agreements, loans, advances or other
indebtedness is entered into.
B. RECOMMENDATION:
It is recommended that the Planning Commission:
1. Find and determine that pursuant to Section 33346 of the Community Redevelopment Law,
the proposed Redevelopment Plan for the Central Los Gatos Redevelopment Project
conforms to the General Plan of the Town of Los Gatos.
2. Find and determine that pursuant to Section 65402 of the Govemment Code, with respect
to activities which may be undertaken within the Project Area pursuant to the proposed
Redevelopment Plan and that are referred to in said section, such activities and
undertakings conform to the General Plan of the Town of Los Gatos.
3. Provide the Council with specific comments by motion regarding the proposed
Redevelopment Plan.
4. Provide the Council with specific comments by motion regarding the Draft Environmental
Impact Report.
5. Recommend that the Council certify that it has reviewed and considered the information in
the Draft Environmental Impact Report and that the Draft Environmental Impact Report has
been completed in compliance with the requirements of the Califomia Environmental Quality
Act and State and Federal guidelines.
6. Recommend that the Council find that changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant
environmental effects as identified in the Final Environmental Impact Report.
7. Adopt the attached Resolution (Exhibit A).
Nee : owman,' lanning • irector
Prepared by: Bud Lortz, Senior Planner
LEB:BL:lkj
cc: John B. Dykstra
Robert F. Beyer
Stephanie Smith Lovette
Catherine P. DelaCruz
c11\00000ta\mbevol
X-27
Plan that relate to land uses, layout and maintenance of public streets and sidewalks,
population densities, and building intensities and standards including seismic safety
standards.
Section 2. Reports and Recommendations.
(a) The Planning Commission hereby reports to the Redevelopment Agency of
the Town of Los Gatos and the Town Council of the Town of Los Gatos the findings
referred to in Section 1 hereof.
(b) The Planning Commission recommends approval and adoption of the
Redevelopment Plan.
Section 3. Transmittal. The Planning Director shall transmit a certified copy of
this resolution to the Redevelopment Agency of the Town of Los Gatos and the Town
Council of the Town of Los Gatos for consideration as part of the Agency's Report to the
Town Council pursuant to Section 33352 of the Community Redevelopment Law, and this
resolution shall be deemed the report and recommendations of the Planning Commission
concerning the proposed Redevelopment Plan and contemplated public projects and
activities thereunder as required by applicable provisions of law.
PASSED AND ADOPTED by the Planning Commission of the Town of Los Gatos
this day of , 1991 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
LEE E. BOWMAN
Secretary
ell \reparts\reclevel
SIGNED:
LEE CHASE, Chair
Los Gatos Planning Commission
X-28
X-29
.ffSantzClara: CC untyT • prortatiaz gency
An Agency of the County of Santa Clara
M
June 20, 1991
Bud Lortz, Senior Planner
Planning Department
Town of Los Gatos
P. 0. Box 949
Los Gatos, CA 95031
Subject: Draft Environmental Impact Report (EIR)
Redevelopment Project
Dear Mr. Lortz:
P C. _Cx 51 :CC. San ..`cse,
•
,1
L.�'.
�., 'S
Your June 12, 1991 Notice of Availability along with a Draft EIR entitled
"Central Los Gatos Redevelopment Project Draft Environmental Impact Report"
dated June 1991 has been reviewed. Our comments are as follows:
(1) The May 6, 1991 letter included our comments concerning the
proposed project. Please see the attachment.
On Page 29, under Public Transit, it is stated as follows:
Public Transit
8. Public Transit Facilities
This program would provide enhancement of transit facilities in support of
private development and Downtown revitalization. The Los Gatos General
Plan, the Los Gatos Downtown Specific Plan and EIRs prepared on projects
in the Town have suggested transit improvements to mitigate traffic impacts.
Any enhancement of transit facilities would have beneficial impacts on
transportation/circulation. '
This very general discussion to provide enhancement of transit facility may
be acceptable due to the clarification on Page 1, in Introduction. As
clarified in Introduction, the Redevelopment project is conceptual in nature
at this time and no specific project plans have been prepared. Further, it
is clarified that the Redevelopment Project would be completed in
approximately 20 to 25 years.
It is recommended that the Final EIR include a clarification stating that
the Town of Los Gatos and the Transportation Agency will work together at
the time when specific plans of Redevelopment Project are prepared so that
details of transit -related improvements can be finalized and included in the
improvement plans.
X-30
Basra of Suaervrsars: MiCrae4- M n Zce Latgr Rory Gonsafes_ floc. oirCort Dianna MrlCenrra
EXHIBIT B
Bud Lortz, Senior Planner
Page 2
June 20, 1991
Please call me at 299-4205 if you have any comments.
we thank you for the opportunity to review this matter.
Sincerely,
ASHOK VYAS
PROJECT ENGINEER
AVekh
Attachment
cc: KU/BC
RGH
X-31
N
lla.."I•
An .agency cf tre County of Santa Cara _
p �...Cs 0. '5:2,,. San .,cse _ •
•1 t l : r r., ce• .•,•i .� J• �.•J �~•• .
•-.I.::•.wr. ...-♦�.'t -. • ��y..••.. . • i' •• .���. •. :: � ". •
.•003% _~ , • .
yr.
May 6 1991
Planning Department
Town of Los Gatos
1:0 East ".air Street
Los Gatos, CA 95031
Subject• Central Los Gatos
J
Redevelopment Project
Y' Project
Dear Sir/Madam:
:our '''.arch 1, 1991 Notice of ?rebarat_on for :he subject ec t project has been
reviewed. Our comments are as follows:
(1) The D_ for Central Los Gatos Redevelopment Project should include the
evaluation of public transit as a key e_ement.in reducing additional
vehicle trips which may be generated from the redevelopment project
rather than a supplemental element to traditional traffic capacity
improvements to mitigate the project impacts.
The traffic capacity improvements, such as additional traffic lanes,
channelizations, intersection modifications and signal
synchronizations, does not reduce vehicle trips. Transit friendly
improvements as traffic impact mitigation could enhance transit
operation and passenger convenience and encourage ridership. The
increase in transit ridership reduces vehicle trips.
Since the Town of Los Gatos does not have a Transportation Center
(transit center) to provide a central transit focal point for local
residents and facilitate the interface between the regional operator
(Greyhound) and local operator (Santa Cara County Transit), this mould
be a good opportunity to consider such a facility in central Los Gatos.
In addition, the bus stop improvements, such as duckouts, bus pads,
passenger pads and access rays, should be considered for traffic
mitigation as these improvements reduce operational conflicts vith
traffic and provide amenities to riding public which encourage
ridership.
(2) A copy of the Draft EIR should be furnished to us for our review and
comments.
Please call me at 299-4205 if you have any comments.
Ue thank you for the opportunity to review this matter.
Sincerely,
ASH6n7YAS
PROJECTENGINEER
AV:kh
X-32
Scar. cf Sucervlscrs: !.trc.^^aet M. hc.nca. L^e Lofgren. Frcn Gonzales. hoc=,nccn. �lanne McKenna
ti,
X-33
Santa Clara Valley Wafer District
=7:0 AL`.1ACEN E PR,ESSWAY
SAN ..CSE C ALFOPNMA;5118
-_?!-CNE ,408) 2E5.25C0
��CS .lILE .C81 2E6.0271
AN AF=AkiAtNE AC'CN EMP.Cy
July 8, 1991
Mr. Bud Lortz, Senior Planner
Planning Department
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Dear Mr. Lortz:
We have reviewed the Draft Environmental Impact Report (DEIR) for •the Central Los Gatos
Redevelopment Project and have the following comments:
The site is adjacent to Almendra Creek and Los Gatos Creek, both District facilities.
Mr. Jeff Smith of our Finance Department will be contacting you with regard to action needed to ensure
our continued share of tax revenue.
Construction plans should be submitted to the District for review as a District permit is required for any
work within 50 feet of a District facility.
We appreciate the opportunity to review this DEIR and wish to review all subsequent documents.
Sincerely,
Dr. Bernard H. Goldner
Environmental Specialist
Project Development Branch
X-34
EXHLBET C
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