Attachment 1 - August 14, 2019 Planning Commission Staff ReportPREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/14/2019 ITEM NO: 4
DATE: August 5, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Town Code Amendment Application A-19-006. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding Parking Assessment District regulations.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding the Parking Assessment District regulations.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that this project will have a significant effect on the
environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the
California Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Potential amendments to the regulations for the Parking Assessment District was one of the
ATTACHMENT 1
PAGE 2 OF 5 SUBJECT: Parking Assessment District Regulations DATE: August 5, 2019
BACKGROUND (continued):
topics identified by staff as an opportunity to streamline the land use process and costs.
Following a brief discussion, the Policy Committee provided direction to bring back the
Parking Assessment District regulations for further discussion.
On May 28, 2019, the Policy Committee reviewed potential modifications to the Parking
Assessment District regulations and recommended approval of the changes.
DISCUSSION:
Section 29.10.150 (f) of the Town Code contains the Parking Assessment District regulations.
Additionally, Section 29.10.150 (f) (5) of the Town Code states that parking spaces that are
credited in the Parking Assessment District calculation may not be eliminated.
Section 29.10.150 (f) (5) requires approval of a Variance application when commercial uses on
properties in the Parking Assessment District are converted to a residential use with less
intensive parking requirements. Recent applications have included Zone Change applications
that were approved to change the zone for a downtown property from Office: Landmark
Historic Preservation (O:LHP) to Single-Family Residential, Downtown: Landmark Historic
Preservation (R-1D:LHP) to be consistent with the General Plan Land Use designation. The
removal of existing on-site parking spaces (i.e. conversion to landscaping or construction of a
garage) would require approval of a Variance application.
The Variance application fee is currently $5,239.98 and requires Planning Commission approval,
which typically takes between two and four months. The cost and processing time for a
Variance application could be eliminated if Section 29.10.150 (f) (5) were amended.
A. Existing Town Code
Existing Town Code Section 29.10.150 (f) discusses Parking Assessment District regulations:
…..
(f) Properties in parking districts. Required spaces in parking districts shall be as follows:
(1) For any building or open-air use in a public parking district, the number of required
off-street parking spaces is:
a. None, when the gross floor area of the building and open area occupied by a use,
combined, do not exceed the area of the building and open area occupied when
the district is formed; or
b. When the area limitation in subsection (f)(1)a. is exceeded or the use is
intensified, the required number is derived only on the basis of the excess area.
PAGE 3 OF 5 SUBJECT: Parking Assessment District Regulations DATE: August 5, 2019
DISCUSSION (continued):
(2) The creation of a parking assessment district relieves those properties located within
the district which were nonconforming as to parking from having to supply on-site
parking spaces in accordance with subsection (b).
(3) The assessment formula was based on a number of factors that included existing
floor area, existing use, in some cases potential floor area and included credits for
existing on-site parking spaces and for participation in past assessment districts.
(4) The Planning Director shall develop a table using the floor area, parking and previous
assessment district information used to calculate the parking assessment and
translating that information into a parking credit based on the parking requirements
set forth in subsection (b).
When an application is filed to intensify the use within an existing building or to
expand an existing building, this information will be used to calculate the amount of
on-site parking, if any, that will be necessary to comply with the parking
requirements set forth in subsection (b).
(5) Any parking spaces that are credited in the parking assessment district calculation
may not be eliminated.
…..
B. Proposed Modifications
Based on the discussion above, as recommended by the Policy Committee, staff has
prepared a Draft Ordinance implementing the amendments (Exhibit 6), for the Planning
Commission’s consideration. The potential amendments, shown in strike through and
underline font in Exhibit 6, would make the following change:
• Remove the requirement for a Variance application for the removal of on-site parking
spaces when the use is changed to a residential use that does not require the amount of
on-site parking spaces.
C. Public Outreach
Public input has been requested through the following media and social media resources:
• A poster at the Planning counter at Town Hall;
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
PAGE 4 OF 5 SUBJECT: Parking Assessment District Regulations DATE: August 5, 2019
DISCUSSION (continued):
• The Town’s Instagram account; and
• The Town’s NextDoor page.
In addition, the following organizations have been contacted regarding the amendments:
• American Institute of Architects (AIA) Silicon Valley;
• Santa Clara County Association of Realtors (SCCAR); and
• Silicon Valley Association of Realtors (SILVAR).
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy Committee, staff recommends that the
Planning Commission review the information included in the staff report and forward a
recommendation to the Town Council for approval of the amendments to Chapter 29 of the
Town Code in the Draft Ordinance. The Commission should also include any comments or
recommended changes to the Draft Ordinance in taking the following actions:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3)] (Exhibit 1);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 6).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
with modifications; or
2. Forward a recommendation to the Town Council for denial of the Draft Ordinance; or
3. Continue the matter to a date certain with specific direction.
PAGE 5 OF 5 SUBJECT: Parking Assessment District Regulations DATE: August 5, 2019
EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, February 26, 2019 (three pages)
3. Town Council Policy Committee Report, February 26, 2019 (two pages)
4. Town Council Policy Committee Minutes, May 28, 2019 (two pages)
5. Town Council Policy Committee Report without attachments, May 28, 2019 (two pages)
6. Draft Ordinance (one page)
This Page
Intentionally
Left Blank
PLANNING COMMISSION – August 14, 2019
REQUIRED FINDINGS FOR:
Town Code Amendment Application A-19-006
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Parking
Assessment District regulations.
FINDINGS
Required Findings for CEQA:
•It has been determined that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act, Section 15061 (b)(3).
Required Findings for General Plan:
•The proposed amendments to Chapter 29 of the Town Code regarding Parking Assessment
District regulations are consistent with the General Plan.
N:\DEV\FINDINGS\2019\PARKING ASSESSMENT DISTRICT REGULATIONS FINDINGS.DOCX EXHIBIT 1
This Page
Intentionally
Left Blank
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 04/09/2019
ITEM NO: 1
MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING
FEBRUARY 26, 2019
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on Thursday,
February 26, at 5:00 p.m.
MEETING CALLED TO ORDER
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Rob Schultz, Town Attorney; Joel Paulson, Community Development Director;
Matt Morley, Parks and Public Works Director; Shelley Neis, Town Clerk.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1.Approval of the January 24, 2019 Council Policy Committee Minutes.
Approved.
2.Provide direction on Commission Appointment Policy 2-11 in relation to Commissioner
interviews, and the Town Agenda Format and Rules Policy 2-01 regarding remote meeting
participation.
Shelley Neis, Town Clerk, presented the staff report.
Maria Ristow
-Commented on remote participation and requested the Council consider requiring that
applicants must attend a Commission meeting before applying.
After discussion the Committee directed staff to forward the two Policies to Council with the
following recommendation:
-Allow a submission letter and remote participation for interview purposes only for
incumbents.
-Suggested language from the Town Attorney regarding special meeting times.
-Suggested number of allowed remote meeting participation that is less than half as there
was not consensus on the number.
EXHIBIT 2
PAGE 2 OF 3
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MARCH 12, 2019
DATE: MARCH 7, 2019
N:\MGR\AdminWorkFiles\Council Committee - POLICY\2019\03.12.19\2-26-19 Final Minutes.docx 4/29/2019 4:32 PM
Chair Jensen moved Items #4 and #5 before Item #3.
3. Provide direction on potential land use streamlining modifications.
Joel Paulson, Community Development Director, presented the staff report.
Bess Weirsema, Studio 3
- Requested the design professional community have a seat at the table to discuss potential
modifications to land use processes and permitting and commented on the demolition
regulations.
Jennifer Crutchmer
- Commented on the demolition regulations.
Tony Jeans
- Requested the design professional community have a seat at the table to discuss potenti al
modifications to the demolition regulations and streamlining land use processes.
Jay Plett
- Commented on the demolition requirements and requested the demolition policy be
streamlined.
Dave Ziccovich
- Commented on the demolition policy and requested the demolition policy be streamlined.
Catherine Somers
- Commented on streamlining processes to allow business to open within three months and
consider a deciding body policy.
After discussion the Committee directed staff to look at how the accessory dwelling unit (ADU)
ordinance interacts with other regulations, how the hillside and historical regulations interact
with other regulations, and to bring the demolition regulations and policy to the next meeting.
4. Provide direction on potential modifications or updates to the Traffic Impact Mitigation
Ordinance, Policy, and Fees.
Matt Morley, Parks and Public Works Director, presented the staff report.
Maria Ristow
- Suggested an alternative to exceptions, a traffic demand mitigation (TDM) or some way to
waive the fees if the traffic is mitigated.
PAGE 3 OF 3
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MARCH 12, 2019
DATE: MARCH 7, 2019
N:\MGR\AdminWorkFiles\Council Committee - POLICY\2019\03.12.19\2-26-19 Final Minutes.docx 4/29/2019 4:32 PM
Item #4 – continued
After discussion, the Committee identified that Town Code Section 15.70.030(c)(5) enables the
Town Council to consider unusual circumstances and approve a deviation from the Traffic
Policy. The Committee directed staff to bring the requested fee modification to the Town
Council for its consideration consistent with this provision.
5. Receive information on the development of Arborist Report Standards.
Joel Paulson, Community Development Director, presented the staff report.
Dave Weismann
- Commented on the prolonged timeline for the development of arborist standards.
Refer the item to the Town Manager to discuss with the Mayor to determine if the item will be
placed on a future Council agenda for discussion.
6. Determine meeting schedule for 2019 (verbal discussion only).
The Committee chose the second Tuesday of each month at 5:00 p.m. The next meeting will be
March 12, 2019.
ADJOURNMENT
The meeting adjourned at 6:08 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Town Clerk
This Page
Intentionally
Left Blank
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
POLICY COMMITTEE REPORT
MEETING DATE: 2/26/2019
ITEM NO: 9
DATE: FEBRUARY 21, 2019
TO: POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND PROVIDE DIRECTION ON POTENTIAL LAND USE
STREAMLINING MODIFICATIONS.
RECOMMENDATION:
Discuss and provide direction on potential land use streamlining modifications.
BACKGROUND:
Over the last couple years, the Town has considered and approved a number of modifications
and/or pilot programs that have streamlined the process and costs for businesses. Additional
opportunities for streamlining opportunities for businesses will be considered by the Town
Council on March 5, 2019.
DISCUSSION:
Staff has identified some additional opportunities to streamline land use processes for the
Policy Committee’s consideration. Staff has prepared an outline that contains possible
streamlining opportunities that relate to the land use process and costs for businesses and
residences (Attachment 1). Attachment 1 contains general comments and questions regarding
potential streamlining opportunities as outlined below by category:
Demolition Regulations (see Attachments 2 and 3);
Hillside Development Standards and Guidelines Project Review and Approval Process
(see Attachment 4);
Deciding Body Modifications (see Attachments 5 through 10); and
EXHIBIT 3
PAGE 2 OF 2
SUBJECT: STREAMLINING
DATE: FEBRUARY 21, 2019
C:\Users\Public\Documents\MeetingMunicodeDocumentProcessing\1c674f6b-0904-4935-9e4c-0af9b6c702f1\ITEM-Attachment-001-
29edeaa3f4eb4a1eb81b0b98806e9451.docx 7/18/2019 11:48 AM
DISCUSSION (continued):
Architecture and Site Applications (see Attachment 10).
This meeting will allow for an initial conversation between staff and the Policy Committee.
Staff will be prepared to walk through these topics and answer questions.
Staff is interested in the Policy Committee’s discussion and direction on these general topics to
help prioritize next steps. Given staff resource constraints, staff will bring individual topics back
to the Policy Committee for a more thorough discussion.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
Attachments:
1. Possible Streamlining Opportunities
2. Demolition Affidavit
3. Demolition Diagram
4. Chapter IX of the Hillside Development Standards and Guidelines
5. Excerpt from the Town Code relating to Deciding Bodies
6. Excerpt from the Town Code relating to loss of Parking in the Parking Assessment District
7. Excerpt from the Town Code relating to Parking Lot Modifications
8. Excerpt from the Town Code relating to Valet Parking
9. Policy relating to Minor Exterior Modifications to Commercial Buildings
10. Excerpt from the Town Code relating to Minor Exterior Alterations to Commercial Building
and the requirement for an Architecture and Site application for a change in architectural
style
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 06/25/2019
MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING
MAY 28, 2019
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on
Tuesday, May 28, 2019, at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:01 P.M.
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Laurel Prevetti, Town Manager; Joel Paulson, Community Development Director;
Holly Zappala, Management Analyst.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1.Approval of the May 9, 2019 Council Policy Committee Minutes.
Approved.
Joel Paulson, Community Development Director, presented the staff reports for Items 2
through 5.
2.Provide direction on potential amendments to the Hillside Development Standards and
Guidelines approval processes.
After discussion, the Committee asked staff to email the Committee a revised draft for
review and, upon review and approval of the draft, forward a recommendation to the
Planning Commission to approve the amendments to the Hillside Development Standards
and Guidelines.
3.Provide direction on potential amendments to the parking lot improvement approval
process.
After discussion, the Committee decided to forward a recommendation to the Planning
Commission to approve the amendments to the parking lot improvement approval pro cess.
EXHIBIT 4
PAGE 2 OF 2
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MAY 28, 2019
DATE: JUNE 25, 2019
4. Provide direction on potential amendments to the valet parking regulations.
After discussion, the Committee agreed to forward a recommendation to the Planning
Commission to approve the amendments to the valet parking regulations and to expand the
valet parking regulations beyond the parking assessment district to apply Town-wide.
5. Provide direction on potential amendments to parking assessment district regulations.
After discussion, the Committee forwarded a recommendation to the Planning Commission
to approve the amendments to parking district regulations with minor changes to the
wording to make it clear that they apply to on-site parking spaces.
The Committee also agreed to amend the regular meeting schedule of the Town Council Policy
Committee to meet on the fourth Tuesday of each month at 5:00 p.m. in Town Council
Chambers.
ADJOURNMENT
The meeting adjourned at 5:26 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
May 28, 2019 meeting as approved by the
Town Council Policy Committee.
/s/ Holly Zappala, Management Analyst
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
POLICY COMMITTEE REPORT
MEETING DATE: 5/28/2019 ITEM NO: 5
DATE: MAY 22, 2019 TO: POLICY COMMITTEE FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PROVIDE DIRECTION ON POTENTIAL AMENDMENTS TO PARKING ASSESSMENT DISTRICT REGULATIONS.
RECOMMENDATION:
Provide direction on potential amendments to parking assessment district regulations.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Following a brief discussion, the Policy Committee provided direction to bring back parking
assessment district regulations for further discussion.
Potential amendments to parking assessment district regulations was one of the topics
identified by staff as an opportunity to streamline the land use process and costs. The general
question regarding potential amendments to parking assessment district regulations presented
in the February 26, 2019 Policy Committee report was:
•Should a reduction in on-site parking spaces for a property in the Parking Assessment
District require a Variance application and Planning Commission approval if the resulting
use is changed to a residential use?
EXHIBIT 5
PAGE 2 OF 3 SUBJECT: PARKING ASSESSMENT DISTRICT REGULATIONS DATE: MAY 22, 2019
N:\DEV\TC POLICY COMMITTEE REPORTS\2019\5-28-19\PAD\Staff Report.docx 8/6/2019 7:54 AM
DISCUSSION:
Section 29.10.150 (f) of the Town Code contains regulations regarding properties in the parking
assessment district (Attachment 1). Section 29.10.150 (f) (5) states:
Any parking spaces that are credited in the parking assessment district calculation may not
be eliminated.
This regulation requires approval of a Variance application when commercial uses on properties
in the parking assessment district are converted to a residential use. A couple recent zone
change applications have been approved to change the zoning designation from O:LHP to R-
1D:LHP for properties that were occupied by commercial uses which will be converted to
residential uses. The removal of existing on-site parking spaces (i.e. conversion to landscaping
or construction of an attached or detached garage) will require approval of a Variance
application.
The Variance application fee is currently $5,239.98 and requires Planning Commission approval
which typically takes between two and four months. The cost and processing time for a
Variance application could be eliminated if Section 29.10.150 (f) (5) was amended.
Staff has prepared potential Town Code amendments (Attachment 2) for the Policy
Committee’s consideration. These amendments would allow for the removal of existing on-site
parking spaces when the use is changed to a residential use that does not require all of the
existing on-site spaces to remain. The potential amendments, shown in underline font, would
make the following changes:
Any parking spaces that are credited in the parking assessment district calculation may not
be eliminated, unless the use is changed to a residential use that does not require the
amount of on-site parking spaces.
This meeting will allow for a conversation between staff and the Policy Committee. Staff will be
prepared to walk through this matter and answer questions.
Staff is interested in the Policy Committee’s discussion and direction on the potential parking
assessment district regulation modifications.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
PAGE 3 OF 3 SUBJECT: PARKING ASSESSMENT DISTRICT REGULATIONS DATE: MAY 22, 2019
N:\DEV\TC POLICY COMMITTEE REPORTS\2019\5-28-19\PAD\Staff Report.docx 8/6/2019 7:54 AM
Attachments:
1. Excerpt from the Town Code regarding properties in the Parking Assessment District
2. Potential Town Code Amendments
This Page
Intentionally
Left Blank
Excerpts from Los Gatos Town Code
Chapter 29
Sec. 29.10.150. - Number of off-street spaces required.
…..
(f)Properties in parking districts. Required spaces in parking districts shall be as follows:
(1) For any building or open-air use in a public parking district, the number of required off-
street parking spaces is:
a.None, when the gross floor area of the building and open area occupied by a use,
combined, do not exceed the area of the building and open area occupied when the
district is formed; or
b.When the area limitation in subsection (f)(1)a. is exceeded or the use is intensified, the
required number is derived only on the basis of the excess area.
(2) The creation of a parking assessment district relieves those properties located within the
district which were nonconforming as to parking from having to supply on-site parking
spaces in accordance with subsection (b).
(3) The assessment formula was based on a number of factors that included existing floor area,
existing use, in some cases potential floor area and included credits for existing on-site
parking spaces and for participation in past assessment districts.
(4) The Planning Director shall develop a table using the floor area, parking and previous
assessment district information used to calculate the parking assessment and translating
that information into a parking credit based on the parking requirements set forth in
subsection (b).
When an application is filed to intensify the use within an existing building or to expand an
existing building, this information will be used to calculate the amount of on-site parking, if
any, that will be necessary to comply with the parking requirements set forth in subsection
(b).
(5) Any on-site parking spaces that are credited in the parking assessment district calculation
may not be eliminated, unless the use is changed to a residential use that does not require
the existing on-site parking spaces.
…..
EXHIBIT 6
This Page
Intentionally
Left Blank