Loading...
Attachment 2LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Matthew Hudes, Chair Melanie Hanssen, Vice Chair Mary Badame Kendra Burch Kathryn Janoff Tom O'Donnell Reza Tavana Town Manager:Laurel Prevetti Community Development Director: Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 2 LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HUDES: We will now move on to Item 4. Item 4 is a Town Code Amendment, Shared Parking, Town Code Amendment Application A-18-002, and this is to consider amendments to Chapter 29 of the Zoning Regulations of the Town Code regarding shared parking. The location is Town wide, and the owner is Town of Los Gatos. The project planners are Erin Walters and Azhar Khan. I understand, Mr. Kahn, you’ll be making the report tonight, which is I believe also the period of presentation on behalf of the Applicant. AZHAR KHAN: That is correct. Good evening, Commissioners. Before you tonight is a consideration of amendments to Chapter 29 of the Town Code regarding shared parking. In February of last year the Town Council Policy Committee considered an initiative to streamline the application process for Town businesses. One of the topics discussed was shared parking. Under the current ordinance a Conditional Use Permit is required for businesses interested in sharing parking spaces. LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The intent of the proposed amendments is to streamline the review process by no longer requiring a CUP and to make it affordable for businesses interested in shared parking. The amendments would include replace the term “alternate uses” with “shared parking,” and also allow the Community Development Director to approve shared parking through an administrative parking permit, also reviewed at Staff level. Lastly, remove the Conditional Use Permit requirement for alternate uses from the Table of Conditional Uses. Staff has met with the Chamber of Commerce to review the proposed amendments and has not received any further public comments. Staff recommends the Planning Commission review the proposed amendments and forward the recommendation to Town Council for approval. This concludes Staff’s presentation and we’re happy to answer any questions. CHAIR HUDES: Thank you, Mr. Khan. Are there questions? Yes, Vice Chair Hanssen. VICE CHAIR HANSSEN: I really just had one question for informational purposes. If you could give an example of a current business with a CUP that’s using shared parking. I’m certain this is beneficial to them, but LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it would just be helpful to understand how it’s being used today with CUPs. AZHAR KHAN: The Town currently has about 12 Conditional Use premises that have been processed previously for alternate uses. A few examples are Cucina Bambini located at 22 South Santa Cruz, and 630 University Avenue where shared parking was between an automotive use and a dance studio where between the hours of when the automotive use is closed at 5:00p.m. the dance studio is able to utilize the parking spaces when that business is closed. VICE CHAIR HANSSEN: Okay, that’s helpful. Thank you. CHAIR HUDES: Other questions? I had a question. My understanding is we’re shifting from a CUP, which costs $7,100, to a permit which costs $1,000 as is approved at the Director of Community Development level, correct? AZHAR KHAN: Yes, that’s the intent, to go from the CUP process to a more administrative level of review. CHAIR HUDES: So the question I had is a CUP is something that stays, so it happens once, the fee is paid for that, and then subsequent business owners or people who have an interest in that parking space don’t have to reapply? LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AZHAR KHAN: The CUP process would be separate. This is detaching from the CUP process to go for a more administrative level review. JOEL PAULSON: Just additionally, if businesses do change—obviously we review all the business licenses—we would have to evaluate if there were similar conditions from an hours of operation perspective to determine whether or not the parking permit would move on to the next owners or whether it would have to be modified. CHAIR HUDES: Okay, so it’s not automatic that the next owner has to reapply for a permit? JOEL PAULSON: That’s correct. ROBERT SCHULTZ: Correct. It does not run with the land like a CUP does; it’s actually a shared parking agreement that will be executed by the Community Development agreement and the business, but once that business goes out… It certainly would be assigned if it’s, like you said, the same circumstances and of course he’s going to grant it again, but if it’s not the same circumstances, then it would end. CHAIR HUDES: Right. I just wanted to make sure when we went to streamline we weren’t creating a repeated process, so that makes sense. LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Other questions? Okay, I’m going to open it to the public now. If the members of the public have any comments or questions, you have the ability to do that. Don’t see any cards, so I will close that portion of the public hearing, and again if there are any questions of Staff, or comments on the application, or a motion for consideration by the Commission. This would be an opportunity if Staff would like to say anything additional about it as well. Commissioner Badame. COMMISSIONER BADAME: If we remove the CUP process, and the goal is to make it more streamlined, it seems to me that we’re going to eliminate any potential public scrutiny, whereas with a CUP they have the opportunity to come before the Planning Commission and object if there is something that they might object to that might affect the neighborhood or another business, and it seems to me that other nearby businesses wouldn’t be informed and know what’s going on, as well. It also seems to me that maybe the shared parking agreement can be between just one landlord between two different occupancies, is that correct? JOEL PAULSON: That’s correct. COMMISSIONER BADAME: Thank you. LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Did you have another question for Staff about that with regard to the first part of what you… COMMISSIONER BADAME: I’m just wondering how they would regulate it. It seems to me it would put a lot of workload on the Community Development Director. I don't know how we would regulate things. ROBERT SCHULTZ: It’s part of the streamlining process that Council has provided direction to Staff to try to pursue, and this is one of them going to Policy Committee. Certainly the Community Development Director, if one of these were deemed controversial and we thought there would be a lot of public input, he still has that ability at any point in time to kick that back up to the Planning Commission, which he can sometimes do with other projects if he feels there’s something that there could be issues. And it’s still an appealable decision, too, from the Community Development standpoint if they were to grant one of these; there still would be an appeal process that would allow it to be kicked up to Planning Commission. So you still have some, not as much, because obviously you don’t have the noticing requirements, but I think there are mechanisms that will protect that, and if it isn’t working LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and it’s too much burden on the Community Development Director, I’m sure you’ll hear from him. COMMISSIONER BADAME: Okay. Well, thank you for the clarification. CHAIR HUDES: Thank you. Commissioner Janoff. COMMISSIONER JANOFF: If there is an appeal granted, is there a cost to the Appellant to bring it to the Planning Commission. JOEL PAULSON: Is there a cost? COMMISSIONER JANOFF: Yeah. JOEL PAULSON: Yes, there’s always an appeal fee for any appealable action, whether it’s to the Council or the Planning Commission. COMMISSIONER JANOFF: So that cost could be prohibitive if it’s a residential neighbor or just… JOEL PAULSON: That’s relative, but yes. COMMISSIONER JANOFF: I mean to Commissioner Badame’s concern, there would be a costly process for an appeal to be had. JOEL PAULSON: That is possible and relative. I think the commercial appeal is in the neighborhood of $1,300 or $1,400, so that is something that would have to be borne by them. We’re still working through when we’ll have further conversations with the Town Attorney on the LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 processing. We’re proposing currently ministerial, which was coming from the direction of the Policy Committee, but we may look at other options. Additionally to Commissioner Badame’s point, we review complaints, or someone is operating outside of the parameters, or we are finding that it doesn’t work and we are constantly getting complaints, then I always have the ability to reevaluate the conditions of that permit and modify them accordingly. ROBERT SCHULTZ: And unlike a CUP that runs with the land, it’s an agreement that will have a unilateral termination, so if in fact it was granted by the Community Development Director and there was this outcry and it wasn’t working, then the Town could just revoke that shared parking agreement, so I think there are mechanisms that would protect the Town going forward. CHAIR HUDES: Vice Chair Hanssen. VICE CHAIR HANSSEN: I thought of another question. This is only going to apply to parking spaces that are actually assigned to the business, not spaces in the Parking Assessment District, right? JOEL PAULSON: That’s correct. VICE CHAIR HANSSEN: Okay, because I could see that being a real problem. LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: Just to follow on. As part of the process of presenting the changes to the community, will there also be communication regarding what the appeal process that might be an intermediate step before it becomes formal to the Planning Commission might look like? JOEL PAULSON: We’ll definitely evaluate that, and then we’ll also bring that question up to Council as this moves forward in the process. CHAIR HUDES: Any further questions or comments, or would someone like to introduce a motion? Commissioner Badame. COMMISSIONER BADAME: I just have one other question regarding the regulation. How do you regulate what vehicles are approved to park from one business to another that they’re really coming in from the business that has the shared parking agreement? How would one regulate that? Is that just a business owner maybe… JOEL PAULSON: It would be a business owner or property owner if they notice someone parking in an area where they shouldn’t be and they question that. Then they would have the ability to handle that and they could bring it up to Staff, but we won’t be policing that and checking where this person is going like we do with some current LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 businesses in Town. A couple of the banks have actual guards that try to limit folks who are not frequenting those businesses from parking in their lots. COMMISSIONER BADAME: Thank you. CHAIR HUDES: Commissioner O'Donnell. COMMISSIONER O'DONNELL: If everybody is through with their questions, I think I’ll make a motion. I’ll make a motion that we recommend to Council the approval of the Draft Ordinance and the Table of Conditional Uses, and take the following actions. I guess they should make the finding as opposed to us, but they would make the finding that there is no possibility the project will have a significant impact on the environment, therefore the project is not subject to CEQA, citing Section 15061, more specified in Exhibit 1; they should make the required finding that the amendments to the Town Code and the Zoning Regulations regarding shared parking are consistent with the General Plan, see also Exhibit 1; and we forward this recommendation to Town Council for approval of the proposed amendments to Chapter 29 of the Town Code regarding shared parking. CHAIR HUDES: Thank you. Commissioner Janoff. COMMISSIONER JANOFF: Second. LOS GATOS PLANNING COMMISSION 1/23/2019 Item #4, Town Code Amendment – Shared Parking 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HUDES: Okay, thank you. Any further discussion? Okay, I’ll call the question. In favor? Passes unanimously. I believe there are no appeal rights because this is a recommend, correct? JOEL PAULSON: That’s correct.