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2010081803 - Draft Los Gatos 2020 General Plan and the Environmental Impact Report.~pWN OR _~ ":.~I !pS GASpS COUNCIL AGENDA REPORT MEETING DATE: 08/18/10 ITEM NO: DATE: August 17, 2010 T0: MAYOR AND TOWN COUNCIL FROM: GREG CARSON, TOWN MANAGER ~'~- SUBJECT: DRAFT LOS GATOS 2020 GENERAL PLAN AND THE ENVIRONMENTAL IMPACT REPORT ON THE DRAFT LOS GATOS 2020 GENERAL PLAN UPDATE RECOMMENDATION: 1. Complete review of the Draft 2020 General Plan. 2. Review the attached Draft Resolution, which contains the Findings of Facts and Statement of Overriding Considerations related to the Environmental hnpact Report. 3. Open and hold the public hearing and receive public testimony on the Draft 2020 General Plan and Environmental Impact Report (FEIR). 4. Close the public hearing. 5. Continue the Draft 2020 General Plan and FEIR to the September 20, 2010, Town Council meeting for final consideration and adoption and certification. BACKGROUND AND SUMMARY: On August 2 and 16, 2010, the Town Council conducted a thorough review of four of the six Draft General Plan Elements that contain the changes resulting from inclusion of Goals, Policies, and Actions relative to the four Focus Areas (Youth Needs; Senior Needs; Enviromment and Sustainability; and Open Space, Parks, and Recreation). These elements included Land Use; Comrmuuty Design; Transportation; and Open Space, Parlcs u1d Recreation. The Council also reviewed the list of modified Goals, Policies and Actions from the August 2, 2010, Council meeting (Attaclunenf 12 to the August 16, 2010, staff repm-t) and list of Goals, Policies atld Actions proposed to be deleted (Attachment 13 to the August 16, 2010, staff report). The two remaining Focus Area elements the Council has not reviewed are Environment and Sustainability and Human Services. These Elements as well as the three Non-Focus Area PREPARED BY: (}) ~ ndie R. Rooney, Director of Comm\mity Development Reviewed by: ~`~Assistaut Town Manager II T wn Attorney Clerk Adrninistrator Finance Colmnunity Development N:\nEV\CNCLRPTS\2010\2020GeneralPlan August 1S.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: DRAFT 2020 GENERAL PLAN AND EIR August 17, 2010 Elements (Vasona Light Rail and Highway 85, Safety, and Noise) comprise the remainder of the Draft 2020 General Plan. It is anticipated that these five Elements as well as a number of documents attached to the August 16, 2010, staff report will be the focus of the Council's review at the August 18, 2010, Town Council meeting. These documents are more thoroughly described in the following "Discussion Section." DISCUSSION: At the August 2 u1d 16, 2010, Town Council meetings, the Council completed review of the following documents: • Land Use Element • Community Desigr Element • Transportation Element • Open Space, Parks and Recreation Element • Revised Goals, Policies and Actions pursuant to Council direction from the August 2, 2010, meeting (Attaclunent 12 of the August 16, 2010, staff report -dated August 10, 2010) • List of deleted Goals, Policies, and Actions pursuant to Council direction from the August 2, 2010, meeting (Attaclunent 13 to the August 16, 2010, staff report -dated August 10, 2010) It is anticipated that the Council will complete review of the remaining Draft 2020 General Plan Elements and other related documents at the August 18, 2010, meeting, which includes: • Enviromnent and Sustainability Element (Focus Area) • Human Services Element (Focus Area) • Vasona Light Rail and Highway 85 Element (Non-Focus Area) • Safety Element (Non-Focus Area) • Noise Element (Non-Focus Area) • List of Staff Recormnended Changes to the Non-Focus F,reas (Attachment 16 to the August 16, 2010, staff report) • List of Actions that Direct the Preparation of a Study (Attaclunent 20 to the August 16, 2010, staff report) • Final Enviromnental Impact Report • Resolution and Statement of Overriding Consideration (Attaclunent 17 to the August 16, 2010, staff report) • Letters received from public members since the August 2, 2010, Council meeting. (Attaclunents 18 and 19 of the August 16, 2010, staff report) • Reconunended Changes to Land Use Element Pages LU-14 and LU-18, and Vasona Light Rail and Highway 85 Element Page VLR-6, Policy VLR-2.3 (Attaclunent 21 to this Staff Report) PAGES MAYOR AND TOWN COUNCIL SUBJECT: DRAFT 2020 GENERAL PLAN AND EIR August 17, 2010 Attachment 14 to the August 16, 2010, staff report contains the Town Council comments/concerns on the remaining Focus Area Elements that staff has received as of August 11, 2010. Attachment 15 is the list of Town Council comments/concerns on the three Non-Focus Area Elements. These two lists will be used to guide the Town Council's review of the final five Elements. These lists may not contain all the Council comments/concerns; therefore, for efficiency purposes, staff recommends that individual Council members organize and raise their comments or concerns concunently with the sequencing of the lists. Attaclunents 16 and 20 to the August 16, 2010, staff report are the list of staff recommended changes to the three, Non-Focus Area elements and the list of Actions that direct the preparation of a study, respectively. Please note that Acfions which were deleted based on previous direction are in strike-through format on Attachment 20. Attaclunent 17 of the August 16, 2010, staff report contains the Draft Resolution approving the 2020 General Plan and certifying the Final Environmental Impact Report. The Draft Resolution includes the Statement of Overriding Considerations and Findings of Fact. As noted in the August 2, 2010, Town Council staff report, due to the sigiuficant and unavoidable impacts associated with Laird Use and Planning, Transportation and Circulation, Air Quality, and Greenhouse Gas Emissions, the Town Council will need to adopt a Statement of Overriding Considerations when certifying the FEIR. Pursuant to the California Enviromnental Quality Act (CEQA), when sigiuficant effects are unavoidable, a detailed Statement of Overriding Considerations is separately required in addition to the Findings of Fact. A "Statement of Overriding Considerations" indicates that even though a project or program would result in one or more unavoidable adverse impacts, specific economic, social or other stated benefits are sufficient to warrant project approval. The Statement explains the justification for proceeding with the project or program despite the significant adverse enviromhental impacts. A Statement of Overriding Considerations provides specific reasons why the benefit of a proposed project or program outweighs the adverse effect. If the benefits of a project outweigh the unavoidable adverse enviromnental effects, those effects may be considered "acceptable" pursuant to CEQA. Attachments 18 and 19 of the August 16, 2010, staff report are letters received from public members since the August 2, 2010, Council meeting. Last, staff consolidated the desk item that was distributed at the August 16, 2010, Counci] meeting with this report and it is labeled Attaclunent 21. Attaclunent 21 contains recormmended edits to Draft Land Use Element pages LU-14 and LU-18, and to Policy VLR-2.3 on Page VLR- 6 of the Draft Vasona Light Rail Element, as well as staff recommended response to the requested changes. NEXT STEPS: Due to the extensive modifications to the Draft 2020 General Plan, it is recommmended that the Council continue consideration of the Plan and the certification of the Final Enviromnental Impact Report to the September 20, 2010, Town Council meeting. The recoimnendations from PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: DRAFT 2020 GENERAL PLAN AND EIR August 17, 2010 the GPAC, Plamiing Connnission, staff changes, and the Goals, Policies and Actions from the Land Use; Community Design; Transportation; and Parlcs, Open Space, and Recreation Elements that the Council has found acceptable will be incorporated into the Draft 2020 General Plan. Revisions from the August 2, 2010, To~ai Council meeting that Council has not found to be acceptable as well as all directed modifications from the August 16t~' and August 18`h meetings will be incorporated into the Draft 2020 General Plan in a redline format. This format will provide the Town Council the opportunity to review the final directed changes prior to approving the Draft 2020 General Plan. CONCLUSION AND RECOMMENDATION: The Draft 2020 General Plan is a result of the Town Council's direction to update the existing 2000 General Plan by removing existing implementation measures or action items that were completed; refining existing policies that may not be serving the coimnunity as intended or lack clarity; revising information that is no longer current; and integrating new Goals, Policies, and Actions relevant to Open Space, Parlcs, and Recreation; Environment and Sustainability; Youth Needs, and Senior Needs. The GPAC has reviewed and modified the four Focus Area Goals, Policies, and Actions and ultimately recommended the Planning Connnission and Town Council consider the Focus Area changes in the Dra$ 2020 General Plan. The Plamiing Corriinission considered the GPAC recorninended changes in the Focus Area General Flair Elements; reviewed the Non-Focus Area Draft 2020 General Plan Elements; General Plan Coimnent Matrix; Table of 2000 General Plan Goals, Policies, and Actions that are not recommmended to be carried over to the Draft 2020 General Plan; and considered the FEIR. Based on the Town Council's direction and the "test for adequacy" factors, the Plaiming Connnission unanimously found the General Plan met the stated objectives and accordingly recommended that the Town Council approve the Draft 2020 General Plan and certify the Final Enviroiunental Impact Report. The Town Council has conducted a thorough review of four of the six Draft 2020 General Plan Elements that contain the Focus Area changes and should complete the review of the remaining Focus Area changes as well as the tlu•ee other elements. The GPAC; Planning Connnission; staff recommended changes; and the Goals, Policies and Actions from the Land Use; Commmunity Design; Transportation; and Parks, Open Space, and Recreation Elements that the Town Council has found acceptable will be incorporated into the Draft 2020 General Plan. The revisions from the August 2, 2010, Town Council meeting that Council has not found acceptable as well as all modifications from the August 16'x' and August 18`x' meetings will be incorporated into the Draft 2020 General Plan in a redline format, which will enable the Council to review all final changes before the document is published. At the September 20, 2010, meeting, provided the Council finds the du•ected modification acceptable, it is anticipated that the Council will adopt the Draft 2020 General Plan and certify PAGES MAYOR AND TOWN COUNCIL SUBJECT: DRAFT 2020 GENER_ AL PLAN AND EIR August 17, 2010 the Final Enviromnental Impact Report by adopting the Findings of Fact and Statement of Overriding Considerations. ENVIRONMENTAL ASSESSMENT: The 2020 General Plan is a project as defined under CEQA and may have potential significant environmental impacts. An Environmental Impact Report (EIR) has been prepared for the project. A Statement of Overriding Considerations must be made since there are significant unavoidable impacts relating to Air Quality, Greenhouse Gas Emissions (includes two siguficant unavoidable impacts), Land Use and Plaiming, and Transportation acid Circulation. The Findings of Fact and Statement of Overriding Considerations are included as Attachment 17 to this report. FISCAL IMPACT: None. Attaclnnents: Previously submitted to the Town Council under separate covers. Memo to the Planning Cormmission (dated June 11, 2010): • Draft 2020 General Plan Elements (Land Use; Community Design; Transportation; Open Space, Parks, and Recreation; Enviromnent and Sustainability; and Human Services) ® Draft Environmental hnpact Report Memo to the Plamung Commmission (dated Jmie 18, 2010): • Final EIR • General Plan Comment Matrix Memo to the Town Council (dated July 16, 2010) 1. Plam~ing Commission Desk Item 1, with Attaclnnents 1 and 2 (dated June 23, 2010) 2. Planning Commmission Desk Item 2, with Attaclnnents 1 and 2 (dated 7mie 23, 2010) 3. Planning Commission Desk Item 3 (dated June 30, 2010) 4. Non-Focus Area Draft 2020 General Plan Elements (Safety, Noise and Vasona Light Rail and Highway 85 Elements) 5. June 23, 2010, Verbatim Planning Cmnmission Meeting Minutes 6. June 30, 2010, Verbatim Planning Conunission Meeting Minutes PAGE6 MAYOR AND TOWN COUNCIL SUBJECT: DRAFT 2020 GENERAL PLAN AND EIR August 17, 2010 Attachments submitted with the August 2, 2010, Staff Report (dated June 16, 2010): 7. List of Focus Area Goals 8. List of 2000 General Plan Goals, Policies and Actions that are Not Recolmmended to be Canied Over to the 2020 General Plan 9. Reprised General Plan Cormnent Matrix 10. List of Planning Commission Recommended Changes 11. E-Mail from Clu-is Miller, dated July 10, 2010 Attaclunents submitted with the July 30, 2010, Addendum Report L List of Council Member Issues/Concerns 2. Updated Gals, Policies or hnplementation Strategies from the 2000 General Plan Not Carried Forward into the Draft 2020 General Plan Attachments submitted with the August 2, 2010, Desk Item 1. Staff Recormmended Minor Changes to the Focus Area Elements 2. Letter from Silicon Valley Association of Realtors Attaclunents submitted with the August 16, 2010, Staff Report (Dated August 10, 2010) 12. Changes to Goals, Policies, and Actions Based on Council Direction from the August 2, 2010, Council Meeting 13. Goals, Policies, and Actions Removed from the Draft 2020 General Plan Based on Council Direction from the August 2, 2010, Council Meeting 14. Update List of Council Comments/Concerns on the Focus Area Elements 15. Update List of Council Colmments/Concerns on the Non-Focus Area Elements 16. Staff Recommended Minor Changes to the Nan-Focus Area Elements 17. Draft Resolution, Statement of Overriding Consideration and Findings of Fact 18. Letter from Lee Quintana 19. Letter from BGF Planning Consultants 20. List of Actions that Require Preparation of a Study Attaclunents submitted under this cover 21. Recommended edits to Draft Land Use Element Pages LU-14 and LU-18, and Draft Vasona Light Rail Element Page VLR-6, Policy VLR-2.3. WR:ct N:~DEV~CNCLRPTS~2010~2020Gene~alP]an August l8.doc Requested Changes to Draft Land Use and Vasona Light Rail and Highway 85 Elements Staff has received the following recommended edits to Draft Land Use Element Pages LU-14 and LU-18 and Policy VLR-2.3 on Page VLR-6 of the Draft Vasona Light Rail Element. Based on the Town's hiterim Attorney's recormnendatiou to better clarify the Non-Residential Land Use Designation definition and the overall intent of the Plamied Development (PD) Overlay Zone, staff is reconnnending the following edits. There is also a request to adding "senior housing" to Vasona Light Rail Policy VLR-2.3 on Page VLR-6. The requested changes are underscored, and the staff recommended language changes are in italics and strike-through format. Page LU-14: 2. Non-Residential Land Use Designations For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses ^a~•, •~'^~a^^+~^t ^^°^` inclztding those authorized in any other Zoning District within llze Town may be permitted where authorized by a Plarmed Development Overlay lone. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio (FAR) and a maximum height limit; ,°°~ ~-'^a +1,,.+ +1, ^° ,;,,,;+^ .,,.... 1,° ° °°a°a , ,...+1, .,,.:.-,~,.7 l.... Dl..,,., .7 Tl°,.°1..,..x ~xc +a~a~cvnv. Page LU-18: Planned llevelopmcnt (PD) Overlay Zone. The PD Overlay Zone is intended to provide for alternative uses that are more consistent with the site characteristics allowed in other zones, in order to optimize the use of open space and encourage good design. The PD zone permits the establishment of a Burgle use or the integration of several uses not ordinarily possible, if the use(s) complies with the entire development plan and relates to the surrounding area. In non- residential land use designations, the PD Overlay Zone rriay permit use(s) that are com a~tible with. but not specifically authorized bv, the applicable laud use desi¢nation. r^ ^~'a~+~^^ ~^ +t,° ~r~ n, °,.1^, ~°„° .,., ,,;+ 1.,.:1.1:,, .,+ .,^;+ . ~.,,1 t, °: ,.1,+ ,~~, Staff Recormnended Revised Language for Planned Development Overlay: The PD overlay is intended to ensur^e order^ly planning mid qualit)r design tla~at~mill be in hm°raaany with the existing or potential development of the surrounding neighborhood The Planned Development Overlay is a specially tailored development plan and ordinance which designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning mzd the General Plan m^e consistent Conuner^cial, residential, or industrial property or a raaixture of these uses naay be considered for a Planned Development Overlay. Staff recommends this revised definition since it clearly explains the intent of a PD Overlay, how it can be used, and that it applies to all types of land uses in the Town Zoning Code. However, if the Council does not support the staff recommended revised language, staff reeonunends the 1 Attachment 21 existing definition incorporate language that clarifies the PD Overlay can be used for all laud uses listed in the Town Zoning Code uid the General Plan Land Use Designations. Vasona Light Rail and Highway 85 Element Page VLR-6: Policy VLR-2.3: Proposed projects in the V asona Light Rail area which include residential uses shall assist the Town in meeting its housing goals of providing rental units, °°~~°°"'°~~~and affordable housing. Staff does not recommend the language change since affordable and rental housing encompasses senior housing.