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Item 22B Desk Item Staff Report Consider Adopting a Resolution Amending Section IV of the Downtown Specific Plan Concerning Parking Structures. This Project is Consistent with the Environmental Impact Report and Negative Declaration Previously Adopted forCOUNCIL AGENDA REPORT DATE: July 6, 1999 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: DISCUSSION: MEETING DATE: 07/6/99 ITEM NO. '2-la DESK ITEM CONSIDER ADOPTING A RESOLUTION AMENDING SECTION IV OF THE DOWNTOWN SPECIFIC PLAN CONCERNING PARKING STRUCTURES. THIS PROJECT IS CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT AND NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR THE DOWNTOWN SPECIFIC PLAN AND THE DOWNTOWN PARKING IMPROVEMENT PROGRAM AND WILL NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT. DOWNTOWN SPECIFIC PLAN AMENDMENT, DSP-99-001. APPLICANT: TOWN OF LOS GATOS. The proposed Downtown Specific Plan amendment states that, "Parking facilities in Downtown Los Gatos shall be at or below grade." The question has been asked what is meant by the term "grade." The General Plan Committee specifically deleted the previous reference to the height of parking facilities which states that "...the deck of the surface of the top level no more than four feet above grade at any point." The purpose of deleting the previous reference was to provide for flexibility in designing future parking facilities while ensuring that the top surface of future parking facilities be no higher than the highest elevation of existing grade anywhere adjacent to the structure. The Committee was concerned that if the best design for Parking Lot 2 is 5' above grade the Town would be precluded from proceeding with the preferred design. The community generally agrees that Parking Lot 4 sets the standard for future parking facilities between Santa Cruz and University. The top surface of Parking Lot 4 is at grade along the west elevation and would be consistent with the proposed amendment. The most important section of the proposed amendment is the last sentence which states that, "All parking facilities must exhibit excellence in design, minimize impacts on adjacent property, and be consistent with the Town's character." Attached is a copy of the section for Parking Lot 2A from the Watry Report that has been modified by staff to conform with the use of the term "grade" as intended by the General Plan Committee and as referenced in the proposed resolution. It is important to note that the highest elevation on Royce now matches the highest elevation on Bachman. Attachments: 1-11. Previously submitted. 12. Illustration of grade, as proposed by the General Plan Committee and Planning Commission for Downtown parking facilities. N: DF_ V\CNCLRPTSIDS P99-01. DK 2 PREPARED BY: PAUL L. CURTIS DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: Attorney Finance Revised: 7/6/99 5:57 PM Reformatted: 10/23/95 Town Council Minutes July 6, 1999 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED STACIA STREET 169/PRJ-99-023/RESIDENTIAL/CONT. Mr. Curtis explained the process relating to approval of the tentative map. Mr. Curtis explained that the Staff and the applicant will both be aware of the request to approve both houses through one A & S application. Mr. Attaway stated that he voted against the zone change because he did not believe it was right for the neighborhood. Mr. Attaway feels the applicant has tried to demonstrate that the sub -division does fit into the neighborhood, however, he feels it would be poor planning to allow property, with shared driveways, which could start a president. Motion by Mr. Attaway to uphold the Planning Commission decision and deny the appeal. Motion Fails for lack of a second. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to grant the appeal and overturn the Planning Commissions decision and adopt the Conditions of Approval contained in the April 14, 1999 Planning Commission report regarding this application (Exhibit A) Mrs. Lubeck stated that when the zoning was considered the physical attribute of the site were also considered. She feels that the building envelop is not on the slope area and the slope FAR will limit the size of the houses to be constructed on the two lots. Mrs. Lubeck feels that the driveway configuration is preferable to cutting the grade. Mr. Pirzynski questioned the part the geo-technical report will play after granting the sub- division and stated that he is not absolutely convinced that this is appropriate. However, he feels if significant issues arise, they will be addressed by the applicant. Mr. Korb explained that the Subdivision Map Act does create legal lots but does not necessarily mandate buildable lots. He stated that a lot line adjustment can be done with existing parcels as long as the number of parcels are not increased or decreased. Mayor Hutchins will support the motion because of Mr. Flick's expert testimony. Carried by a vote of 4 ayes. Mr. Attaway voted no. DOWNTOWN SPECIFIC PLAN AMENDMENT/DSP-99-001/PUBLIC HEARING (22-46) PARKING STRUCTURES/RESOLUTION 1999-108 Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider adopting a resolution amending Section IV of the Downtown Specific Plan concerning parking structures. This project is consistent with the Environmental Impact Report and Negative Declaration previously adopted for the Downtown Specific Plan and the Downtown Parking Improvement Program and will not have a significant Environmental Impact. Downtown Specific Plan Amendment, DSP-99-001. Applicant: Town of Los Gatos. The following person from the audience spoke to this issue: Larry Arzie, 18000 Overlook Road stated that the only reason to change the Downtown Specific Plan was to get a second story on the Farwell property behind Mountain Charly's. Mr. Arzie does not want the 4 foot grade restriction dropped for Lot 2. Mr. Arzie reiterated that he is in favor of the second story parking structure planned for Lot #13 and wishes that private parking lots had been considered in the proposed Resolution. There was no one else from the audience to speak to this issue. TC: D 11: M M070699 9 Town Council Minutes Redevelopment Agency July 6, 1999 Los Gatos, California HEARINGS CONTINUED DOWNTOWN SPECIFIC PLAN/PARKING STRUCTURES/RESOLUTION 1999-108/CONT. In depth discussion followed which included the process and interpretation of "at grade" which the amendment has been subjected to by the General Plan Committee, the Planning Commission, and Town Council public hearings. Mr. Piper clarified that the consensus, regarding Lot 2, is to follow the natural grade which currently exists on the site as much as possible. He stated that Staff will return with designs that meet this criteria. Motion by Mrs. Lubeck, seconded by Mr. Blanton to affirm the Planning Commission's finding that the proposed amendment is consistent with the 1982 Environmental Impact Report prepared for the Downtown Specific Plan and the Negative Declaration/Initial Study prepared for the 1987 Downtown Specific Plan Amendment/Parking Improvement Plan; find that the proposed amendment is internally consistent with the Downtown Specific Plan, General Plan, and Downtown Redevelopment Plan; and adopt Town Resolution 1999-108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING AMENDMENTS TO SECTION IV OF THE DOWNTOWN SPECIFIC PLAN CONCERNING PARKING STRUCTURES. Carried unanimously. BUILDING REGULATIONS/AMENDING TOWN CODE/ORDINANCE INTRODUCTION (23.46) Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried unanimously. The Senior Deputy Clerk read the title. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, and approve Notice of Public Hearing. Carried unanimously. ACCEPT MEETING CALENDARS/JULY AND AUGUST (02.10) Motion by Mrs. Lubeck, seconded by Mr. Blanton to continue this matter to July 19, 1999, and to reschedule the meeting of November 15, 1999 to November 22, 1999. Carried unanimously. COUNCIL COMMITTEE REPORTS (24.10) Mrs. Lubeck reported on KCAT and TCI issues. Mr. Blanton reported on the Conference of Mayors. Mrs. Lubeck reported on the JPA relating to solid waste management. Mr. Pirzinski reported on the Bicycle Coalition and the Emergency Manager's Council. OTHER BUSINESS Mr. Attaway questioned the concern regarding the crosswalk at Old Town, and Mayor Hutchins stated that the matter was agendized for July 19, 1999. Mr. Piper introduced and welcomed Paul Curtis, Director of Community Development. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 10:10 p.m. ATTEST: MarLyn J. Rasmussen, CMC Senior Deputy Town Clerk TC: D 11: MM070699 10 DATE: TO: FROM: SUBJECT: DISCUSSION: COUNCIL AGENDA REPORT July 6, 1999 MAYOR AND TOWN COUNCkfr TOWN MANAGER v1/4) MEETING DATE: 07/6/99 ITEM NO. 2 Z - DESK ITEM CONSIDER ADOPTING A RESOLUTION AMENDING SECTION IV OF THE DOWNTOWN SPECIFIC PLAN CONCERNING PARKING STRUCTURES. THIS PROJECT IS CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT AND NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR THE DOWNTOWN SPECIFIC PLAN AND THE DOWNTOWN PARKING IMPROVEMENT PROGRAM AND WILL NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT. DOWNTOWN SPECIFIC PLAN AMENDMENT, NSP-99-001. APPLICANT: TOWN OF LOS GATOS. The attached information was received after the packet had been finalized. Attachments: 1-9. Previously submitted 10. Letter dated June 29, 1999, received from Susan Anawalt July 2, 1999. 11. Letter dated July 6, 1999, received from Lynn Kennedy. N: DE VICNCLRPTSIDSP99-01.ADD PREPARED BY: PAUL L. CURTIS DIRECTOR OF COMMUNITY DEVELOPMENT �N Reviewed by: Attorney Finance Revised: 7/6/99 3:22 PM Susan H. Anawalt 17510 Vineland Ave. Monte Sereno, Ca. 95030 (408) 395-0639 June 29, 1999 Town Council of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Dear Council Members of the Town of Los Gatos: OFFICE OF THE JUL 2 19 MAYOR & TOWN COUN(' understand that on July 6 you will consider the Downtown Specific Plan (Section IV. Policy #9 concerning the height of parking structures. I understand this proposal will allow only grade level or below grade for parking in the town with the exception of the lot behind Mt. Charleys. While I am opposed to all raised parking structures in town I am able to compromise with this plan, provided that no other raised parking structures be allowed. The very reason people are attracted to this town is the small town atmosphere. Raised parking structures dominating our one and two story buildings hardly fit the description of a small town. I h have spoken to many residents who are quite upset at the idea of raised parking in Los Gatos. I have lived in this community for practically 30 years and have seen and accepted many changes. This change in parking elevation would be a serious departure for the town and would be done in great disregard for many of the residents and people involved in the community. While I have a personal commitment made prior to my knowledge about this meeting which makes it impossible for me to attend this meeting, please do not discount my interest and strong opinion on this subject. Sincerely, Susan Anawalt GAk-vA4A4 ATTACHMENT 10 I\ 1414LL I 1 L L• Y V V J J I L J 1 J JU1 VV JJ 1J •J'1 IYIJ VV1 r .V1 P.O. Box 2143 Los Gatos, CA 95032 (408) 997-2910 July 6, 1999 Los Gatos Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Re: Downtown Specific Plan Amendment DSP-99-01 Dear Mr. Mayor and Town Council Members: When amending the Downtown Specific Plan concerning parking structures, I hope you will choose to restrict all future structures adjacent to residential parcels to grade level. Downtown residents accept heavy traffic, but still enjoy pleasant neighborhoods which must be protected. Above grade parking structures would: • block views; • invade privacy; • increase noise; • lower property values. Please protect our Downtown neighborhoods! Sincerely, 1 Lynn 'ennedy Downtown property owner ATTACHMENT 11 Town Council Minutes July 6, 1999 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED STACIA STREET 169/PRJ-99-023/RESIDENTIAL/CONT. Mr. Curtis explained the process relating to approval of the tentative map. Mr. Curtis explained that the Staff and the applicant will both be aware of the request to approve both houses through one A & S application. Mr. Attaway stated that he voted against the zone change because he did not believe it was right for the neighborhood. Mr. Attaway feels the applicant has tried to demonstrate that the sub -division does fit into the neighborhood, however, he feels it would be poor planning to allow property, with shared driveways, which could start a president. Motion by Mr. Attaway to uphold the Planning Commission decision and deny the appeal. Motion Fails for lack of a second. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to grant the appeal and overturn the Planning Commissions decision and adopt the Conditions of Approval contained in the April 14, 1999 Planning Commission report regarding this application (Exhibit A) Mrs. Lubeck stated that when the zoning was considered the physical attribute of the site were also considered. She feels that the building envelop is not on the slope area and the slope FAR will limit the size of the houses to be constructed on the two lots. Mrs. Lubeck feels that the driveway configuration is preferable to cutting the grade. Mr. Pirzynski questioned the part the geo-technical report will play after granting the sub- division and stated that he is not absolutely convinced that this is appropriate. However, he feels if significant issues arise, they will be addressed by the applicant. Mr. Korb explained that the Subdivision Map Act does create legal lots but does not necessarily mandate buildable lots. He stated that a lot line adjustment can be done with existing parcels as long as the number of parcels are not increased or decreased. Mayor Hutchins will support the motion because of Mr. Flick's expert testimony. Carried by a vote of 4 ayes. Mr. Attaway voted no. DOWNTOWN SPECIFIC PLAN AMENDMENT/DSP-99-001/PUBLIC HEARING (22-46) PARKING STRUCTURES/RESOLUTION 1999-108 Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider adopting a resolution amending Section IV of the Downtown Specific Plan concerning parking structures. This project is consistent with the Environmental Impact Report and Negative Declaration previously adopted for the Downtown Specific Plan and the Downtown Parking Improvement Program and will not have a significant Environmental Impact. Downtown Specific Plan Amendment, DSP-99-001. Applicant: Town of Los Gatos. The following person from the audience spoke to this issue: Larry Arzie, 18000 Overlook Road stated that the only reason to change the Downtown Specific Plan was to get a second story on the Farwell property behind Mountain Charly's. Mr. Arzie does not want the 4 foot grade restriction dropped for Lot 2. Mr. Arzie reiterated that he is in favor of the second story parking structure planned for Lot #13 and wishes that private parking lots had been considered in the proposed Resolution. There was no one else from the audience to speak to this issue. TC: D 11: MM070699 9 Town Council Minutes July 6, 1999 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED DOWNTOWN SPECIFIC PLAN/PARKING STRUCTURES/RESOLUTION 1999-108/CONT. In depth discussion followed which included the process and interpretation of "at grade" which the amendment has been subjected to by the General Plan Committee, the Planning Commission, and Town Council public hearings. Mr. Piper clarified that the consensus, regarding Lot 2, is to follow the natural grade which currently exists on the site as much as possible. He stated that Staff will return with designs that meet this criteria. Motion by Mrs. Lubeck, seconded by Mr. Blanton to affirm the Planning Commission's finding that the proposed amendment is consistent with the 1982 Environmental Impact Report prepared for the Downtown Specific Plan and the Negative Declaration/Initial Study prepared for the 1987 Downtown Specific Plan Amendment/Parking Improvement Plan; find that the proposed amendment is internally consistent with the Downtown Specific Plan, General Plan, and Downtown Redevelopment Plan; and adopt Town Resolution 1999-108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING AMENDMENTS TO SECTION IV OF THE DOWNTOWN SPECIFIC PLAN CONCERNING PARKING STRUCTURES. Carried unanimously. BUILDING REGULATIONS/AMENDING TOWN CODE/ORDINANCE INTRODUCTION (23.46) Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried unanimously. The Senior Deputy Clerk read the title. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, and approve Notice of Public Hearing. Carried unanimously. ACCEPT MEETING CALENDARS/JULY AND AUGUST (02.10) Motion by Mrs. Lubeck, seconded by Mr. Blanton to continue this matter to July 19, 1999, and to reschedule the meeting of November 15, 1999 to November 22, 1999. Carried unanimously. COUNCIL COMMITTEE REPORTS (24.10) Mrs. Lubeck reported on KCAT and TCI issues. Mr. Blanton reported on the Conference of Mayors. Mrs. Lubeck reported on the JPA relating to solid waste management. Mr. Pirzinski reported on the Bicycle Coalition and the Emergency Manager's Council. OTHER BUSINESS Mr. Attaway questioned the concern regarding the crosswalk at Old Town, and Mayor Hutchins stated that the matter was agendized for July 19, 1999. Mr. Piper introduced and welcomed Paul Curtis, Director of Community Development. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 10:10 p.m. ATTEST: MarLyn J. Rasmussen, CMC Senior Deputy Town Clerk TC: D11: MM070699 10