Item 16 Staff Report Adopt Resolution Creating Mixed Use Development StandardsTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: February 11, 1994
TO: MAYOR AND TOW COUNCIL
FROM: TOWN MANAGER
SUBJECT: ADOPT RESOLUTION CREATING MIXED USE DEVELOPMENT STANDARDS
RECOMMENDATION:
COUNCIL AGENDA
DATE: 2/22/94
ITEM NO. ice
6
Accept Planning Commission recommendation to adopt the draft Mixed Use Development Standards except
for the provision requiring an outside consultant to assess mixed use projects.
BACKGROUND:
On December 8, 1993 the Planning Commission considered the Architectural Standards Committee
recommendation to consider draft Mixed Use Development Standards. After discussion, the Commission
recommended the draft standards with the following changes.
1. Under "General Guidelines", #6 is added to require a consultant be retained, at the applicant's
expense, that has demonstrated experience in mixed use development to provide an independent
review of the project.
2. Under "Design Guidelines" #6 is modified to read " a clear delineation shall be established between
required commercial parking and residential parking."
(Con't., page 2)
PREPARED BY: LEE E. BOWMAN,•
PLANNING DIRECTOR
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mb09\cnclrpts\mixeduse File #
ATTACHMENTS: 1. Planning Commission minutes dated December 8, 1993.
2. Staff report to Planning Commission dated December 8, 1993.
3. Resolution and Mixed Use Development Standards.
Reviewed by: j Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: MIXED USE DEVELOPMENT STANDARDS
February 11, 1994
DISCUSSION:
After the Commission added the requirement that a consultant be used to evaluate mixed use projects,
staff researched the development and private consultant community to determine its feasibility. The
responses were:
1. There are very few developers that specialize in mixed use development. Finding a selection of
qualified individuals or firms would be difficult at best.
2. What would be expected of the consultant? If the Town is depending on a person or firm to validate
the commercial or design success of the project, it is unlikely an independent party would be willing
to make such a commitment.
It does not appear there are enough willing or qualified individuals in the market that could meet the
expectations of the Planning Commission. Therefore, it is recommended that the provision not be added
to the standards.
A summary discussion of mixed use development standards is contained in the Planning Commission staff
report dated December 8, 1993 and attached to this report.
FISCAL IMPACT: None
PLANNING COMMISSION MINUTES --9
December 8, 1993
NEW OTHER BU NESS
ITEM 6 Revie of the Town's Strategic Plan
ITEM 7
No one frthe audience wished to speak on this matter; public participation closed.
Comm. Rudolph asked that language be more specific about the exact intent, such as
under Economia Health of the 5-Year Plan, assume "facilitate two conference and event
Centers" means to'encourage the development of two conference and event centers.
Comm. Chase asked lithe Town would be involved in facilitating the transportation corridor
of Route 85 and if that should be added under Traffic, 5-Year Plan as a goal.
Chair Abkin stated the County's long-term transportation plan has that projected further
than five years away.
Bowman stated because there woutdl be High Occupancy Vehicles (HOV) lanes on Route
85, might try Express Bus Service in\the HOV lanes as an interim to determine if there is a
demand for rail in the future.
Chase recommended that Express Bus Service be added to the list under Traffic, 5-Year
Plan so that the mass transit corridor will not be forgotten.
Chair Abkin suggested the 5-Year Plan, Economi&.Health section be broadened to include
economic and social health, adding, "Assisting\\human service agencies and arts
organizations in finding alternative financing mechanisms that do not involve Town general
funds"; "Absorb essential services which are dropped by`State and County"; and, "Facilitate
the development of two conference and event centers" as\suggested by Comm. Rudolph.
Under Productivity, 5-Year Plan, Abkin suggested changing "Examine current services and
requirements" to "Continually reassess the need for efficient deliv\ery of services"; add "Land
Use Inventory" under Productivity, Computerize. Under 5-Year PIam.Traffic add "Implement
the trails and bikeways master plan." Perhaps should consider replacing the word "traffic"
with "transportation".
Under One -Year Plan, Economic Health, Abkin asked if "establish northern Redevelopment
District" was still being considered. Bowman stated it probably was not going to happen;
that's a decision the General Plan Committee will be considering. Abkin stated he`assumed
the statement would be left until a decision has been made. Same heading, "I .lement
Route 85 General Plan Amendment" should read "Adopt Route 85 General Plan Amen. ent."
Acid, "Facilitate development of approaches to finance human service agencies ano art
organizations." Under One -Year Plan, Town Appearance and Amenities, move "Suppart
ndnprofits that support Town residents" to Economic Health.
Development Standards for Mixed Use Projects
No one from the audience wished to speak on this issue; public participation closed.
Comm. Roberts reported that when Mr. Vidovich addressed the Architectural Standards
Committee he recommended developers have experience and a proven track record with
mixed use. Recommend that be included in the standards; also think it should be applied
to pending applications. He maintained that the first mixed use had better be a success or
would not be to the Town's benefit; the potential for success was equally important to size
and scale.
ATTACHMENT 1
PLANNING COMMISSION MINUTES --10
December 8, 1993
Abkin asked if he was proposing only developers with proven track records be approved
for development. Roberts replied either the developer, the architect or to use an
experienced consultant. If the developer lacks expertise should consider simplifying the
development and scaling it down.
Comm. Rudolph asked if it would be sufficient if a developer could refer to a similar project
in Santa Clara County and show that is what is being planned with a Los Gatos setting.
Roberts stated she felt it would be better if the developer had been involved with a project.
Comm. Chase stated a mixed use policy has been discussed but it had not been explicitly
stated and we have been reluctant to approve projects because of residences close to
commercial operations and associated problems involved with that mix. Questioned if the
Town could require a consultant report from an expert on mixed use development to raise
issues about mixed use and to address problem areas. Didn't think a developer could be
required to have experience building similar developments.
Comm. Jensen stated she thought the issues Mr. Vidovich discussed were included in the
proposed development standards for mixed use, i.e. construction materials, noise reduction,
design of the project, egress and ingress, separation of residential elements from
commercial elements. Don't think this requires a particular person. Question if we can
legally require that but we can use standards that would identify what an experienced person
told us should be looked at and then, by those standards require a developer or architect
to meet those standards. We have traffic reports already; we have people available to us
that are capable of identifying problems that might occur on any project. Don't see why
we would need a special consultant on a particular project just because it happens to be
on one lot, especially when there are standards in place to help guide us.
Chair Abkin asked if Comm. Jensen thought the standards and guidelines presented were
complete with respect to the concerns of Mr. Vidovich or other experts might caution about
concerning mixed use developments.
Jensen replied that they reflect what she heard discussed. She felt the projects Mr. Vidovich
talked about were on a much larger scale then could be developed in Los Gatos. His input
was valuable in how to set something up as to where particular units would be put, how
construction, heating, vents, etc. would be done; think that is all covered here.
Comm. Roberts stated she thought it possible to follow all the requirements but still have
a project that didn't work just by the mix of different uses or whatever the development is
adjacent to. We have projects in Town now that aren't working; need to look out for the
interests of the Town.
Comm. Grimes stated as a member of the Architecture Standards Committee she felt the
standards covered everything that needs to be looked at and the final decision is still with
the Town.
Comm. Chase stated there are certain things an expert can contribute to make sure we
have addressed all the impacts; don't see this as an impossible requirement.
Chair Abkin stated he felt the Town could benefit from having the outside review of an
expert. Difficulty is in how to implement it; don't know if there is an established community
of mixed use development experts.
Comm. Grimes said the mixed use of condominiums and retail had been hugely successful
in southern California and other areas of the state. What expert do you look at for which
PLANNING COMMISSION MINUTES --11
December 8, 1993
mixed use?
Comm. Jensen stated if we looked to a developer who had done this type of mixed use
in the past and asked that developer how it should be done, seems that would be inviting
only that developer to do things in Town which appears to be unfair and perhaps illegal.
Comm. Roberts stated Mr. Vidovich is one expert available for consultation.
Comm. Grimes stated the Town could run into a lot of problems with developers not wanting
to come and proposing a project when told they would have the additional cost of hiring
a consultant.
CONSENSUS Comm. Rudolph moves, seconded by Comm. Chase, to amend the proposed
MOTION development standards for mixed use projects to require a Town approved consultant who
has demonstrated prior professional competence in the design of such projects to make
an independent evaluation of the project.
Attorney Anderson stated he assumed that would be like an EIR consultant where the
consultant would work for the Town and provide an independent opinion but payment
would be made by the developer.
Motion passes 4-2.
AYES: Commissioners Abkin, Chase, Roberts and Rudolph
NOES: Commissioners Grimes and Jensen
ABSTENTIONS: None
ABSENT: Commissioner Morgan
On the Design Guidelines Chair Abkin asked if Item #6 regarding "a clear
delineation...between the commercial and residential parking" meant no shared parking.
Bowman stated it could mean no shared parking unless the reference is to guest parking.
We've been told that if the parking is mixed too much, or it is not clear what is residential
and what is commercial, you end up with one use or the other usurping ail the parking.
Must have a core of parking that is reserved for one use or the other.
Comm. Jensen stated one item of discussion was that in places where development has
already taken place, those people paid into a parking district for commercial use so they
have parking credits. That might not mean an actual space but it should be marked as to
whether it is a residential space or a commercial space.
Ross commented that most every example given by Mr. Vidovich was that the residential
parking overwhelmed the commercial. For office uses that wasn't true. One solution might
be to change the wording to read "required parking" which would leave flexibility in visitor
parking.
Abkin clarified Item #6 should read "a clear delineation shall be established between the
required commercial and residential parking."
MOTION Chair Abkin moves, seconded by Comm. Rudolph, to recommend to the Town Council that
the Development Standards for Mixed Use Projects be adopted as amended in the earlier
consensus motion and to add the word "required" in the Design Guidelines as discussed.
PLANNING COMMISSION MINUTES --12
December 8, 1993
Motion passes 5-1.
AYES: Commissioners Abkin, Chase, Jensen, Roberts and Rudolph
NOES: Commissioner Grimes
ABSTENTIONS: None
ABSENT: Commissioner Morgan
ITEM 8 Planning Commission Calendar for 1994
MOTION On motion by Commissioner Jensen, seconded by Commissioner Grimes, this Item is
approved under the consent calendar:
AYES: Commissioners Abkin, Chase, Grimes, Jensen, Roberts and Rudolph
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Morgan
ADJOURNMENT Chair Abkin adjourned the meeting at 8:20 p.m. The next scheduled
Planning Commission meeting will be held on January 12, 1994.
MICHAEL ABKIN, CHAIR
TOWN OF LOS GATOS PLANNING COMMISSION
ATTEST:
LEE E. BOWMAN
Planning Director
MB9\MINUTES\PC12-8
Date: November 30, 1993
For Agenda Of: December 8, 1993
Agenda Item: 7
REPORT TO: The Planning Commission
FROM: Lee E. Bowman, Planning Director
SUBJECT: Development Standards for Mixed Use Projects
FINDINGS: None required.
ACTION: Recommendation to Town Council.
ENVIRONMENTAL
ASSESSMENT: It has been determined that this project could not possibly have a significant
effect on the environment therefore, the project is not subject to the California
Environmental Quality Act (Section 15061(b)(3)).
EXHIBITS: A. Draft standards
RECOMMENDATION
SUMMARY: Recommendation to Town Council.
DISCUSSION:
The adoption of the Downtown Specific Plan in 1982 established policy that encourages mixed use
residential and commercial uses in the downtown. The Commercial Plan Report accepted by Council in
1991 recommends mixed use projects along the east side of N. Santa Cruz Avenue between Andrews and
Blossom Hill Road. The Commercial Plan Report also recommends establishing design guidelines for mixed
use development. The General Plan Committee has recommended that mixed use development be
considered in the quarter mile area of Route 85 and the Vasona Light Rail. The Conceptual Development
Advisory Committee has reviewed mixed use proposals and there are currently two mixed use applications
pending before the Planning Commission.
Mixed use development requires special considerations to ensure the successful co -existence of commercial
and residential uses. The Architectural Standards Committee is recommending standards to be used by the
development community and by the Planning Commission to assist in reviewing projects. At one
Architectural Standards Committee meeting, Mr. John Vidovich, County Planning Commissioner and mixed
use developer addressed the Committee on the "do's and don'ts" of mixed use development. His comments
and insights assisted the Committee with its recommendation. Among other things, the draft standards
address shared parking, on -site parking within parking assessment districts, building design and open space.
Mr. Vidovich was especially helpful with issues that are sometimes overlooked, yet critical to the success
of mixed use projects. These issues include the use of construction materials and the design of mechanical
equipment to minimize noise when residential shares space with commercial.
Attached to this report are draft standards for consideration.
Z
Lee E. Bowman, Planning Director
Prepared by: Kirk Heinrichs, Planner
LEB:KH:sm
SM05\REPORTS\MIXEDUSE. RPT
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS ESTABLISHING
DEVELOPMENT STANDARDS FOR MIXED USE PROJECTS
WHEREAS, the Downtown Specific Plan and the Commercial Plan Report encourage
developing mixed use projects;
WHEREAS, it is essential that mixed use projects co -exist successfully and that
adjacent residential development is protected.
WHEREAS, the Planning Commission considered the draft Mixed Use Development
Standards on December 8, 1993, and recommended adoption;
RESOLVED: that the establishment of mixed use development standards is desirable
and essential to the public health, safety and welfare and are adopted as shown in attached
Exhibit A.
PASSED AND ADOPTED at a meeting of the Town Council held on the
day of , 1994, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
mb09\reso\mixeduse
ATTACHMENT 3
DEVELOPMENT STANDARDS FOR MIXED USE PROJECTS
PURPOSE
The adoption of the Downtown Specific Plan in 1982 established policy that encourages
mixed residential and commercial uses in the downtown. The benefits of mixed use to
the downtown are the vitality and sense of community it provides. In areas outside the
downtown mixed use projects can put jobs and housing closer to public transit and use
in -fill land more efficiently. It is essential that appropriate standards and guidelines be
established to ensure the successful co -existence of commercial and residential uses
within the project itself as well as protecting existing neighborhoods in the project area.
OBJECTIVES
The goal of encouraging mixed use development and the intent of these design guidelines
is to:
■ Allow housing to be mixed with commercial uses where it can be
demonstrated that the two uses can co -exist successfully.
■ Encourage housing in the downtown.
■ Encourage the development of alternative housing types to further
community diversity.
■ Encourage optimum use of public transit facilities by moving jobs and
housing closer to these facilities.
■ Provide standards and guidelines for the general public and the
development community.
GENERAL GUIDELINES
Mixed use projects should be processed as Planned Developments to allow
maximum design flexibility.
2. Land assembly is encouraged to provide larger parcels, multi -street frontages,
corner lots and separate street access.
3. Projects within a Parking Assessment District shall provide on -site parking for the
residential phase.
4. A true mixed use concept has residential uses above commercial uses sharing a
common building and taking advantage of unused space to provide housing.
5. Commercial uses should be limited in mixed use projects to general retail, personal
service and professional office uses to ensure a compatible co -existence with
EXHIBIT A
residential uses. Twenty-four hour businesses shall not be permitted and light
industrial use including auto related businesses are not encouraged.
DESIGN GUIDELINES
1. Separate vehicular access should be provided for the commercial and residential
phase of development whenever possible.
2. Adequate landscape buffers shall be provided when adjacent to single family
residential zones.
3. Private open space shall be provided for the residential phase of a project.
Community open space should also be incorporated in projects outside the
downtown.
4. Appropriate design features should be incorporated to buffer residential from
commercial noise (i.e. mechanical equipment, building orientation, trash
collection).
5. Trash collection and commercial delivery and loading areas should be oriented
away from residential uses.
6. A clear delineation shall be established between the required commercial and
residential parking.
7. An exemption from the Floor Area Ratio requirements may be allowed for the
residential phase of a project.
8. Below grade parking is encouraged to maximize use of land.
9. When both commercial and residential uses share a building, concrete construction
is required or similar material other than wood to buffer noise between the two
uses.
10. Mechanical equipment such as air conditioning or heating units provided on a roof
shall be designed in a "split" system that uses several small units minimizing
vibration and noise as opposed to one large unit.
11. Provisions for garbage chutes should be considered for high density multi -story
developments to centralize garbage and recycling collection.
12. Things such as vertical shafts and refrigerator compressors should be planned at
time of construction. Adding equipment after construction generally does not
function as quietly as equipment incorporated at time of construction.
13. Interior as well as exterior lighting for commercial use shall be designed to prevent
glare and shine -off from adversely affecting residential uses.
SMO5\REPORTS\MIXEDUSE.STD
RESOLUTION 1994-33
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS ESTABLISHING
DEVELOPMENT STANDARDS FOR MIXED USE PROJECTS
WHEREAS, the Downtown Specific Plan and the Commercial Plan Report encourage
developing mixed use projects;
WHEREAS, it is essential that mixed use projects co -exist successfully and that
adjacent residential development is protected.
WHEREAS, the Planning Commission considered the draft Mixed Use Development
Standards on December 8, 1993, and recommended adoption;
RESOLVED: that the establishment of mixed use development standards is desirable
and essential to the public health, safety and welfare and are adopted as shown in attached
Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
22nd day of February, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
mb09\reso\mi xeduse
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rhi C
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
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LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
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clk:d8:\other\ordres2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
PLANNING
2/22/94
16
MIXED USE DEVELOPMENT
INTRODUC I TON OF
RESOLUTION ORDINANCE
Number: 1994- Number:
Date of Adopt: 2/22/94 Date of Intro:
Date of Adopt:
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK:D14:\OTHER\ORDRES
February 22, 1994
Los Gatos, California
HEARINGS CONTINUED
ANIMAL CONTROL CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Ordinance 1971 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS REPEALING CHAPTER 4-ANIMALS AND
FOWL AND ENACTING A NEW CHAPTER 4-ANIMALS, which was introduced at the Town
Council meeting of February 7, 1994. Carried by a vote of 4 ayes. Mrs. Benjamin voted no,
stating that enforcement for compliance to section 4.40.025 should be addressed and solutions
identified by the 5 West Valley Cities.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-30
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CERTAIN FEES,
RATES AND CHARGES. Carried by a vote of 4 ayes. Mrs. Benjamin voted no as previously
noted.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-31
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO
SIGN AGREEMENT WITH THE FIVE WEST VALLEY CITIES TO PROVIDE ANIMAL
SERVICES TO THE WEST VALLEY CITIES. Carried by a vote of 4 ayes. Mrs. Benjamin
voted no for reasons previously stated.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-32
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AGREEMENT WITH THE HUMANE SOCIETY OF SANTA CLARA
VALLEY FOR PROVIDING ANIMAL CONTROL SERVICES TO THE FIVE WEST VALLEY
CITIES UPON EXECUTION OF AGREEMENT WITH FIVE WEST VALLEY CITIES.
Carried unanimously.
POLICE OFFICERS/STAFFING (15.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council authorize two additional
police officers. Carried unanimously.
MIXED USE/DEVELOPMENT STANDARDS/RESOLUTION 1994-33 (16.46)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-
33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING
DEVELOPMENT STANDARDS FOR MIXED USE PROJECTS, noting that the Council is
adopting these guidelines for anyone who wants to look at mixed use but they have no automatic
right to approval of any projects down the road. All projects will still be required to complete
the Planning Processes and must be compatible with their surrounding neighborhood. Carried
unanimously.
TC: D6: MM022294 6