PD Ord and CUP Table- Staff Report and Exhibits 1-14
PREPARED BY: RYAN SAFTY/JENNIFER ARMER
Associate Planner/Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 02/14/2018
ITEM NO: 3
DATE: FEBRUARY 9, 2018
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-006 AND GP-17-003.
PROJECT LOCATION: TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE, THE GENERAL PLAN, AND OTHER POLICY DOCUMENTS
REGARDING PLANNED DEVELOPMENT ORDINANCES AND THE
CONDITIONAL USE PERMIT TABLE.
RECOMMENDATION:
Staff recommends that the Planning Commission consider amendments to Chapter 29 (Zoning
Regulations) of the Town Code, the General Plan, and other policy documents regarding
Planned Development Ordinances and the Conditional Use Table as recommended to the Town
Council by the Planned Development Study Committee.
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 the proposed amendments to the Town Code, the
General Plan, and other policy documents 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).
▪ That the Town Code amendments are consistent with the General Plan.
▪ That the General Plan amendments are internally consistent with the General Plan.
PAGE 2 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
BACKGROUND:
A Planned Development (PD) overlay zone provides property owners and developers an option
for permitting uses that would not ordinarily be approved under the strict regulations of other
zones. As provided in the General Plan (page LU-16), “The PD overlay zone is intended to
ensure orderly planning and quality design that will be in harmony with the existing or potential
development of the surrounding neighborhood.” The existing PD Ordinance (Exhibit 2) states,
“The purpose of the PD or planned development overlay zone is to provide for alternative uses
and developments more consistent with site characteristics than are allowed in other zones,
and so create an optimum quantity and use of open space and encourage good design.”
In 2013, Town Council began discussions on the use of PD overlay zone designations within the
Town’s land use development process.
On November 4, 2013, a Town Council PD Ad Hoc Committee was established, consisting of two
Council Members. The Committee worked on the issue with staff for six months, which
resulted in proposed modifications to the Town’s PD Ordinance from the Town Council Ad Hoc
Committee (Exhibit 3). Following subsequent review and consideration by the Town Council,
Planning Commission, and members of the public, the Planning Commission recommended that
the Town Council consider the formation of a committee to further research the subject.
On February 17, 2015, the Town Council adopted Resolution 2015-008 (Exhibit 4) establishing
the Planned Development Study Committee (PDSC). The PDSC consisted of 12 members: two
Council Members, three Planning Commissioners, three General Plan Committee members, a
member of the public with land development experience, a member of the public with business
experience, and two Town residents.
On September 30, 2015, the PDSC began their review. Over the next six and one-half months
the PDSC received a large amount of information and considered potential modifications to the
PD Ordinance and the residential portion of the Table of Conditional Uses. Agendas, minutes,
and information provided during the PDSC review can be found online at:
http://www.losgatosca.gov/AgendaCenter/Planned-Development-Study-Committee-15/
On August 2, 2016, the recommendations of the PDSC were presented to the Town Council.
Exhibit 10 contains the minutes from that hearing. The Town Council directed staff to prepare
proposed amendments to the Town Code, General Plan, and other policy documents ,
incorporating the recommendations from the PDSC, and to forward them to the Planning
Commission for consideration.
PAGE 3 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION:
The purpose of the PDSC was to conduct further research regarding the history and use of the
PD overlay zone designation and to formulate recommendations for the Town Council’s
consideration. The Town Council also directed the PDSC to examine the Conditional Use Permit
(CUP) process, which currently allows residential uses in commercial zones, to determine if the
Town should consider amendments to the Town Code to address this topic. (Exhibit 9)
The PDSC meetings resulted in a draft PD Ordinance (Exhibit 5), amendments to the Table of
Conditional Uses related to residential uses in non-residential zones (Exhibit 6), General Plan
amendments to maintain consistency with the draft PD Ordinance (Exhibit 8), and a list of
“Other Important Issues to be Addressed by the Planning Commission and Town Council”
(Exhibit 7). A discussion of each of these documents and an analysis of potential conflicts or
inconsistencies with Town Code sections, the General Plan, or policy documents follows. The
Chair and the Vice Chair of the PDSC also created an executive summary (Exhibit 9).
A. PDSC Draft Planned Development Ordinance
The PDSC has recommended a draft PD Ordinance (Exhibit 5) that is intended to ensure that
approvals of PDs are limited to appropriate applications. The draft PD Ordinance
recommends substantial changes to the existing PD Ordinance (Exhibit 2).
Specifically, the draft PD Ordinance includes the following:
• A “Purpose and Intent” section which specifies that the purpose and intent of the
PD overlay zone is to preserve, enhance, and/or promote: natural and historic
resources; production of affordable housing; maximization of open space; and/or a
public benefit to the citizens of the Town;
• A “Limitation on Use of a Planned Development” section which lists specific criteria
for consideration of a PD application and states that a PD overlay zone is not
intended for uses inconsistent with the General Plan, development that is
reasonably feasible under existing Town Code, or a relaxation of standards
applicable to similar types of development;
• A “Findings” section to establish specific findings for the deciding body to make
when approving a PD application;
• A “Requirements” section which lists submittal requirements for a PD application;
and
• A “Vested” section which includes information on permit vesting dates and permit
expiration dates.
PAGE 4 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION (Continued):
Additionally, the draft PD Ordinance deletes the minimum site area requirement, density
limitation, and the Architectural and Site application approval requirement. These topics
are included in the PDSC’s “Other Important Issues to be Addressed by the Planning
Commission and Town Council” list (Exhibit 7) and are provided in subsection D below.
The draft PD Ordinance would create inconsistencies with Town Code sections, the General
Plan, and policy documents. The inconsistencies and associated questions for the Planning
Commission to consider are included in subsection D below.
B. Draft Table of Conditional Uses
The PDSC considered potential modifications to the Table of Conditional Uses (Town Code
Section 29.20.185.) regarding residential uses in commercial zones. The PDSC’s
recommended modifications (Exhibit 6) included:
• Adding the requirement that single-family, two-family, and multi-family uses allowed
with a CUP in the Office (O), Neighborhood Commercial (C-1), Central Business
Commercial District (C-2), and Restricted Highway Commercial (CH) zones must be a
part of a mixed-use project;
• Limiting the type of residential uses in a mixed-use project allowed with a CUP in C-2
zones to only multi-family and live/work uses;
• Limiting the type of residential uses in a mixed-use project allowed with a CUP in
Commercial-Industrial (LM) zones to only live/work uses;
• Allowing the conversion of a mobile home park allowed with a CUP in Multiple-Family
Residential (R-M) and Mobile Home Residential (RMH) zones to any other use; and
• Deleting the following residential uses from the Table of Conditional Uses: apartment
hotel, boardinghouse, and residential condominium.
The proposed changes to the Table of Conditional Uses would not create any conflicts with
Town Code sections, the General Plan, or policy documents. However, the Planning
Commission may consider the following minor edits to Town Code sections for added
clarity: deleting the definition of the terms apartment hotel, boardinghouse, and residential
condominium; and defining mixed-use. These two recommendations are discussed further
in subsection D below.
PAGE 5 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION (Continued):
C. General Plan Edits
The PDSC recommended minor edits to the Non-Residential Land Use Designation section of
the General Plan (Exhibit 8). Specifically, the PDSC recommended adding “Conditional
Use Permit” alongside “Planned Development Overlay Zones” as permissible ways to permit
compatible, residential land uses outside of allowed zones. Additionally, the PDSC
recommended adding language specifying that residential uses in a mixed-use project are
not permitted in LM or Controlled Manufacturing (CM) zones. The proposed General Plan
edits do not create any inconsistencies with Town Code sections or policy documents.
D. Other Important Issues
The PDSC recommendation included a list of “Other Important Issues to be Addressed by
the Planning Commission and Town Council” (Exhibit 7). The PDSC discussed each of these
issues at length. The PDSC recognized that these issues were outside of the Committee’s
scope of work and instead, should be decided by the Planning Commission and Town
Council. Staff has reviewed each of the issues and has proposed questions for the Planning
Commission to consider below.
1. Open space requirements for commercial zones
Current zoning regulations do not specify minimum open space requirements for
commercial zoning districts. The following Town Code sections specify open space
requirements for residential uses: Section 29.10.065. (Recreational open space for
residential condominiums), Section 29.40.870. (Recreational open space for mobile
home parks), and Section 29.40.660. (Recreational open space for multiple-family
dwellings) (Exhibit 11). The North 40 Specific Plan requires a minimum of 30 percent
open space across the Specific Plan area. 20 percent of the 30 percent of required open
space must be green open space. The Planning Commission may consider amending the
Town Code to include minimum open space requirements for commer cial zones.
Q. Should a minimum percentage of open space be required for commercial zones?
PAGE 6 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION (Continued):
2. Inconsistencies between Zoning Regulations and the General Plan
• Apartment hotel, boardinghouse, residential condominium
The PDSC recommended removal of the terms apartment hotel, boardinghouse, and
residential condominium from the CUP Table. The Planning Commission may also
consider removing the definitions from the Town Code.
Q. Should the definitions of apartment hotel, boardinghouse, and residential
condominium be removed from Chapter 29 (Zoning Regulations) of the Town
Code?
• Subdivisions which require a PD
According to the subdivision requirements in the Hillside Residential Zone (Section
29.40.255.), “Any subdivision into five (5) or more residential building sites shall
require the approval of a planned development under the rules of section 29.80.075.
et seq. of this chapter.” Section 29.80.075. is the introduction paragraph of both the
existing PD Ordinance and the draft PD Ordinance, but neither the existing nor the
draft PD Ordinance includes the PD application requirement for subdivision in to five
or more hillside residential building sites.
Q. Should PD applications be required for subdivisions of five or more lots in the
Hillside Residential Zone?
3. Minimum lot size threshold for PD applications
The draft PD Ordinance removes the 40,000-square foot minimum lot size requirement
for PD applications; however, the PDSC recommended the Commission consider
requiring a minimum lot size requirement for PDs. The Town’s Housing Element
currently contains this minimum lot size requirement on page 4-4 of the Technical
Appendices – Constraints to Housing Development: “The PD overlay provides alternative
standards for development that encourages consistency with site characteristics,
including flexibility in setback and height requirements. The minimum lot size for a site
in the PD overlay zone is 40,000 square feet. If the site were to provide housing for low-
income seniors, no minimum site area is specified.”
Q. Should there be a minimum lot size requirement for PD applications?
PAGE 7 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION (Continued):
4. Architecture and Site and PD applications
The draft PD Ordinance removes the Architecture and Site Approval section (Section
29.80.130.) from the PD Ordinance so that the draft PD Ordinance would no longer
reference Architecture and Site approval. The existing PD Ordinance requires
Architecture and Site approval prior to construction, but it does not require, nor
explicitly allow, the applications to be processed concurrently.
Q. Should Architecture and Site and PD applications be allowed to be processed at the
same time?
5. Public benefit definition
The draft PD Ordinance contains many references to public benefit. Although public
benefit is referenced in the draft PD Ordinance, the term is not defined. Additionally,
the Zoning Code and General Plan do not define public benefit. The PDSC acknowledged
the importance of defining public benefit and proposed the following definition for
Planning Commission consideration: “A project that makes a substantial contribution to
the public infrastructure that is consistent with the vision and objectives of the G eneral
Plan. Mere compliance with the existing zoning shall not be considered a substantial
community benefit. Substantial benefits must be actions that are substantially above
and beyond what an applicant would be required to make in order to comply wit h the
underlying zoning.”
The Town previously had a Community Benefit Policy, which was rescinded in 2015. The
policy document defined community benefit as, “An offering of benefit to the Town
proposed by an applicant, in addition to the standard mitigation measures required by
the Town, that overrides certain negative impacts resulting from an infill project or a
project that generates more than five peak hour trips.” The policy document listed the
following as potential examples of community benefits: additional affordable housing
units; improved traffic circulation; street/neighborhood improvements; historic
preservation/restoration; public art; open space and conservation; public trails;
mitigation of an existing problem; restoration of a riparian habitat; and a demonstrated
unique or desirable use for the Town.
Q. Should public benefit be defined? If so, is the PDSC’s recommended definition
appropriate?
PAGE 8 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION (Continued):
6. Minimum/maximum density definition for residential units in commercial zones
The Town Code and General Plan do not define the minimum or maximum density for
residential units in commercial zones. The density ranges in the General Plan are: 0-1
units per acre in Hillside Residential land use designations; 0-5 units per acre in Low-
Density Residential land use designations; 5-12 units per acre in Medium-Density
Residential and Mobile Home Park land use designations; and 12-20 units per acre in
High-Density Residential land use designations.
In the past, staff has cited the maximum density for commercially zoned properties as
20 units per acre. Should the Planning Commission decide to assign density limitations
in commercial zones, the Commission may consider requiring density findings similar to
those required for Multi-Family Residential zones listed in Section 29.40.635. of the
Town Code (Exhibit 12) for commercial zones.
Q. Should minimum/maximum density be defined for residential units in commercial
zones?
Q. If so, are density findings necessary?
7. Mixed-use definition
The PDSC has proposed amendments to the Table of Conditional Uses which would
specify that residential uses in commercial zones will only be allowed through the CUP
process if they are, “in a mixed-use project.” Mixed-use is not defined in the draft PD
Ordinance, nor in the Town Code. The Planning Commission may consider defining
mixed-use due to the proposed PDSC amendments to the Table of Conditional Uses.
The information below has been provided as a starting point for discussion of a mixed-
use definition.
On Page GL-12, the General Plan defines mixed-use as, “Any mixture of land uses,
including mixtures of residences with commercial, office with retail, or visitor
accommodation with offices and retail. As distinguished from a single use land use
designation or zone, mixed use refers to an authorized variety of uses for building and
structures in a particular area.” The General Plan references mixed-use throughout the
document (Exhibit 13).
PAGE 9 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
DISCUSSION (Continued):
The General Plan also contains development standards for Mixed-Use Commercial land
use designations, which limit the project to 50 percent land coverage and a 35-foot
height limit. On page LU-14, the General Plan states, “The Mixed-Use Commercial
designation permits a mixture of retail, office, and residential in a mixed-use setting,
along with lodging, service, auto-related businesses, non-manufacturing industrial uses,
recreational uses, and restaurants. Projects developed under this designation shall
maintain the small-town, residential scale and natural environments of adjacent
residential neighborhoods, as well as provide prime orientation to arterial street
frontages and proper transitions and buffers to adjacent residential properties. This
designation should never be interpreted to allow development of independent
commercial facilities with principal frontage on the side streets.”
Page 11 of the Commercial Design Guidelines (CDG) refers to Mixed-Use projects, which
in part states, “Mixed-Use projects will generally consist of residential units or office
space located over ground floor retail shops or restaurants. Entries to upper floor uses
should be located on facing streets or on landscaped passageways with direct access to
the street.”
In addition, staff researched how neighboring jurisdictions define mixed-use, and this
information is contained in Exhibit 15.
Q. Should mixed-use be defined in the Zoning Code?
Q. If so, should the Town use the existing General Plan definition, the CDG definition, a
definition from a neighboring jurisdiction, or another definition?
8. Addition of General Plan Land Use and/or Zoning Designations
In addition to the proposed amendments, the PDSC recommended the Commission
consider adding one or more General Plan Land Use and/or Zoning Designation s to the
General Plan and Town Code.
Q. Should one or more General Plan Land Use and/or Zoning Designation s be added?
If the amendments regarding the PD Ordinance and the CUP Table are adopted, the Zoning
Code and other Town policy documents would need to be revised to ensure consistency. As the
Zoning Code and other policy documents come forward for modification, staff will include the
necessary amendments.
PAGE 10 OF 10
SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING
PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES.
TOWN CODE AMENDMENT/A-17-006/GP-17-003
FEBRUARY 9, 2018
N:\DEV\PC REPORTS\2018\PD update.docx
PUBLIC COMMENTS:
No Public Comments have been submitted.
CONCLUSION:
A. Recommendation
Staff recommends that the Planning Commission review the proposed draft PD Ordinance,
the proposed changes to the Table of Conditional Uses, and the proposed edits to the
General Plan and discuss the questions highlighted in this report. Following the Planning
Commission’s discussion, staff recommends that the item be continued to a date certain
with specific direction so staff can bring back additional information and requested
revisions to the draft PD ordinance, other Town Code sections, General Plan, and/or policy
documents.
EXHIBITS:
1. Required Findings (one page)
2. Existing Planned Development Ordinance (five pages)
3. Town Council Ad Hoc Committee Recommended Draft Planned Development Ordinance
(three pages)
4. Resolution 2015-008 – Establishing the Planned Development Study Committee (two pages)
5. Planned Development Study Committee Recommended Draft Planned Development
Ordinance (three pages)
6. Planned Development Study Committee Recommended Modifications to the CUP Table
(one page)
7. Planned Development Study Committee Other Important Issues (one page)
8. Planned Development Study Committee Recommended General Plan Amendments (two
pages)
9. Executive Summary from the Chair and Vice-Chair of the Planned Development Study
Committee (three pages)
10. Minutes from August 2, 2016, Town Council hearing (one page)
11. Code Sections 29.10.066 & 29.40.660 Excerpt - Recreational Open Space (two pages)
12. Code Section 29.40.635 Excerpt – Density Findings (one page)
13. General Plan “Mixed-Use” References (three pages)
14. Neighboring Jurisdiction Definitions of “Mixed-Use” (one page)
PLANNING COMMISSION -February 14, 2018
REQUIRED FINDINGS:
TOWN CODE AMENDMENT APPLICATION A-17-006 & GP-17-003
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code and General Plan
regarding Planned Development overlay zones and residential uses in non-residential zones.
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): Review for exemption.
Required Findings for General Plan:
• The proposed amendments to Chapter 29 of the Town. Code regarding Planned
Development overlay zones and residential uses in non-residential zones are consistent
with the General Plan.
• That the proposed General Plan amendments are internally consistent with the General
Plan .
N:\DEV\FINDINGS\2018\PD Amend.docx
EXHIBIJ 1
DIVISION 2. PD OR PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29.80.075. Application.
Sec. 29.80.080. Intent.
Sec. 29.80.085. PD and underlying zone alternatives.
Sec. 29.80.090. Proper subdivision required.
Sec. 29.80.095. Relationship of PD procedures to other ordinances .
Sec . 29.80.100. General provisions in PO zones .
Sec . 29.80.105. Site area.
Sec. 29.80.110. Uses permitted.
Sec. 29.80.115. Density regulations.
Sec. 29.80.120. Adoption of official development plan.
Sec. 29.80.125. PD ordinance.
Sec. 29.80.130. Architecture and site approval.
Sec. 29.80.135. Phased development.
Sec. 29.80.140. Dedication prior to issuance of first building permit.
Sec. 29.80.145 . Change in official development plan.
Secs. 29.80.150-29.80.210. Reserved.
Sec. 29.80.075. Application.
(a) The following ordinances that concern designation of land PD or RPO have at various
times been adopted by the Town: 847, 855, 938, 967, 977, 992, 1053, 1061, 1067, 1077, 1109,
1110, 1121, 1123, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302. Of the foregoing
ordinances the following:
(1) Have heretofore been repealed: 847, 967, 977 and 1123.
(2) Were repealed by Ordinance No. 1328: 855 and 992.
(3) Remain In effect, subject to the further provisions ofthis section: 938, 1053, 1061, 1067,
1077, 1109, 1110, 1121, 1129, 1172, 1216, 1247, 1275, 1279, 1281and1302.
· (b) If a PD or RPO ordinance was in effect before the effective date of Ordinance No. 1328
and is not repealed by the provisions of this section, the regulations of such ordinance
(including regulations that may have been incorporated by reference to the general provisions
of a zoning ordinance then In effect) continue to apply to the land designated therein.
However, any change in activities conducted on, or any new construction on land in such PD or
RPO zone is subject to the regulations of t _h is division .
(Ord. No. 1316, § 4.82.010, 6-7-76; Ord. No. 1328, 8 -2-76; Ord. No. 1363, 8-1-77; Ord. No. 1838,
§Ill, 11-5-90}
1
EXHIBIT 2
Sec. 29.80.080. Intent.
The purpose of the PD or planned development overlay zone is to provide for alternative uses
and developments more consistent with site characteristics than are allowed In other zones,
and so create an optimum quantity and use of open space and encourage good design. The PD
zone permits establishment of a single use or the integration of several uses not ordinarily
possible only if use and development is In compliance with a complete development plan
showing relationships of the use or uses to each other, to the district as a whole, and to
surrounding areas.
(Ord. No. 1316, § 4.82.020, 6-7-76; Ord. No. 1328, 8 -2-76}
Sec. 29.80.085. PD and underlying zone alternatives.
A lot zoned PD or planned development overlay may be used either in the manner provided
in the PD zone or the manner provided in the underlying zone but not both; the two (2) zones
are complete alternatives. All of the regulations of the zone used apply, and none of the
regulations of the other zone, except in the situation where a PD zone is used and the PD
ordinance expressly incorporates provisions of the underlying zone. However, once land is used
in the manner provided in one (1) of the zones an election shall not then be made to use the
land in the manner provided in the other zone unless the land is made to conform in all
respects to the rules of the other zone. In this respect no nonconforming use privilege exists.
(Ord. No. 1316, § 4.82.030, 6-7-76; Ord. No. 1328, 8-2-76}
Sec. 29.80.090. Proper subdivision required.
Notwithstanding the provisions of section 29.80.085, land zoned PD or planned development
overlay may not be used in either manner provided in the PD zoning ordinance or the manner
provided in the underlying zone unless the land is subdivided in conformity with the regulations
of the applicable zone.
(Ord. No. 1316, § 4.82.040, 6-7-76; Ord. No. 1328, 8-2-76}
Sec. 29.80.095. Relationship of PD procedures to other ordinances.
Compliance with the provisions of this division does not relieve the applicant from having to
comply with the subdivision ordinance or any other applicable ordinance of the Town.
Subdivision applications shall not be filed for a PD until such time as the PD overlay zone
ordinance has been adopted.
(Ord. No. 1316, § 4.82.050, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1942, §I, 5-17-93}
Sec. 29.80.100. General p r ovisions in PD zones.
Unless expressly provided otherwise in the PD or planned development overlay zoning
ordinance, the general provisions of this chapter which apply to all zones also apply to PD
l
zones. Every PD ordinance shall include a statement of the extent to which the provisions of
sections 29.40.015 through 29.40.070 and article V of this chapter apply.
(Ord. No. 1316, § 4 .82.060, 6-7-76; Ord. No . 1328, 8-2-76}
Sec. 29.80.105. Site area.
A planned development zone shall not consist of less than forty thousand (40,000) square
feet of contiguous site area unless the purpose of the planned development is to provide
housing for low income senior citizens, in which case there is no minimum site area.
{Ord. No.1316, § 4.82.070, 6-7-76; Ord. No.1328, 8-2-76; Ord. No.1500, 5-18-81}
Sec. 29.80.110. Uses permitted.
All uses or combinations thereof to the extent speclf!ed in the official development plan shall
be permitted in the PD or planned development overlay zone.
(Ord. No. 1316, § 4.82.080, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80.115. Density regulations.
In residential planned developments the official development plan prescribes the density,
which may not exceed the allowable density limits ofthe land use element of the general plan
and any specific plan.
(Ord. No.1316, § 4.82.090, 6-7-76; Ord. No.1328, 8-2-76)
Sec. 29.80.120. Adoption of official development plan.
The applicant shall file a preliminary development plan drawn to scale with any application
for PD zoning showing:
(1) A land use p!an locating all proposed uses.
(2) A .tentative site' plan illustrating the following:
a. Building placement.
b. Open space, public and private; indicating how it is to be used.
c. Natural features such as creeks, major trees, bluffs, etc.
d. Sidewalks, paths and trails.
e. Parking areas.
f. Vehicular circulation.
g. Major features on adjacent property which affect the development proposal or are
potentially affected by it.
3
(3) Schematic architectural elevations of all buildings and structures illustrated in
relationship to each other and any major structures on adjacent property which are
affected by the development proposal or are potentially affected by it.
(4) Schedule for any phasing of development.
(5) Future lot lines, condominium units and easement areas, all subject to subdivision
approval.
(6) Tabulation of land area including the ~reas of:
a. Entire planned development.
b. Public streets.
c. Private streets.
d . Driveways.
e. Land covered by buildings including garages and carports.
f . Landscaped public open space.
g. Landscaped private open space .
h. Uncovered off-street parking.
i . Net land after deduction of all public and private streets.
(7) Floor area of each type of occupancy (for example: shops, offices, warehouses or
dwellings}.
(8) Proposed number of off-street parking spaces.
(9) Grading, soils, and geologic information.
(10} Proposed signing.
{11) Copies of any instrument or document such as covenants, conditions and restrictions
which are intended to be used to affect the subdividing of the land.
(12) Such other information as the Planning Commission or Planning Director may require,
which may include but is not limited to market analysis showing the need for the
planned development and its components.
(Ord. No. 1316; § 4 .82.100, 6-7-76; Ord. No. 1328, 8-2-76}
Sec. 29.80.125. PD ordinance.
Any ordinance rezoning land to PD or planned development overlay shall incorporate the
preliminary development plan as the official development plan. Either such ordinance, or the
underlying zone, but not both, governs all development and use of the land. The official
development plan · shall specify the total number of permitted buildings, the categories of uses
permitted, the total numbers of units of use, such as shops, offices, warehouses or dwellings,
4
streets, sign regulations, and the total number of parking spaces or the formula by which the
total number is to be calculated in such detail as is appropriate, and shall include any other
performance standards which the Council determines are needed.
{Ord. No.1316, § 4.82.110, 6-7-76; Ord. No.1328, 8-2-76)
Sec. 29.80.130. Architecture and site approval.
In a PD zone architecture and site approval is required before any construction work is
performed, whether or not a permit is required for the work, and before any permit for
construction is issued. However, if the construction is to be done under the regulations of the
underlying zone, the regulations of that zone, including regulations pertaining to approvals and
permits, apply.
(Ord. No.1316, § 4.82.120, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1838, §IV, 11-5-90)
Sec. 29.80.135. Phased development.
Phased development shall be approved only if each phase is designed to stand as an
independent development and each meets the requirements of this chapter.
(Ord. No. 1316, § 4.82.130, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80.140. Dedication prior to issuance of first building permit.
To assure that open space will be available for the entire developed PD or planned
development overlay zone, public sites and development rights for required open spaces for
any phase shall be dedicated in advance of the issuance of any permits. Dedications for other
purposes may be required before the issuance of the first building permit.
{Ord. No. 1316, § 4.82.140, 6-7-76; Ord. No. 1328, 8-2-76}
Sec . 29.80.145. Change in official development plan.
Changes in the official development plan shall be made by ordinance.
(Ord. No. 1316, § 4.82.150, 6-7-76; Ord. No. 1328, 8-2-76}
Secs. 29.80.150-29.80.210. Reserved.
N :\DEV\Planned Development Study Committee -PDSC\Existing P .O . T ownCode.docx
s
TOWN COUNCIL AD HOC COMMllTEE
RECOMMENDED DRAFT ZONING ORDINANCE AMENDMENTS
DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29.80.075. Purpose and Intent.
Sec.·29.80.080. Umltations on Use of Planned Development.
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances.
Sec. 29.80.090. Requirements.
Sec. 29.80.095. Findings.
Sec. 29.80.100. Phased development.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Sec. 29.80.110. Vested.
Sec. 29 .80.120. Amendments to Previously Approved Planned Developments.
Sec. 29.80.075. Purpose and Intent.
The purpose and intent of the Planned Development Overlay Zone (PD) is to ensure that
property is developed, designed and sited to protect, preserve and en.hance conservation and
enrichment of hillsides, natural and historic resources, ridgelines, tree or stand of trees, creek
and riparian corridors and open space.
Sec. 29.80.080. Umitations on Use of Planned Development.
An Application for a PD shall only be considered in conjunction with a subdivision of property
that meets the Purpose and Intent of this Division and shall only be considered for use on
property that meets one of the following criteria:
A. Property that is designated within the Hillside Development Standards Guidelines Area
Map.
B. Property that is designated within the Landmark Historic Preservation (LHP) Overl.ay
Zone.
C. Property with a tree or "stand of trees 11 that is unique, historical, ecological, or of
aesthetic value, such that it constitutes an important community resource as
determined according to standards set forth in the Town's Heritage Tree Ordinance.
D. Property that contains a stream, channel, or creek that supports or has supported
riparian vegetation, fish, and/or aquatic life.
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances.
The provisions of this Division do not negate the application of any existing land use
regulation, ordinance, General Plan provision or any other provision of the town Code
otherwise applicable to the property.
1
EXHIBrr 3
Sec. 29.80.090. Requirements.
The PD application shall clearly demonstrate that proposed development has been designed
and sited to ensure that impacts and disturbance to the property are minimized to protect,
preserve and enhance conservation and enrichment of hillsides, natural and historic resources,
ridgelines, tree or stand of trees, creek and riparian corridors and open space. The PD
application shall include a text and plans or diagrams that specify all of the followin.g:
1. Compliance with Section 29 .80.075; Purpose and Intent.
2. Compliance with Section 29.80.080; Limitations on Use of Planned
Development.
3. Conformity of the PD to the General Plan.
4. A plan or set of plans that set out characteristics existing on the property
which warrant application of the PD Overlay Zone.
5. Proposed distribution, location and extent of the uses of land, including open
space.
6. Proposed standards and criteria by which development will proceed,
including standards for conservation, development and utilization of natural
and historic resources .
7 . Proposed deviations from the land use regulations applicable to the
underlying zoning district(s).
Sec. 29.80.095. Findings.
The deciding body, on the basis of evidence submitted at the hearing, may adopt a PD if it
determines that the PD meets the requirements of Section 29.80.80, specifically, that it will
protect, preserve and enhance conservation and enrichment of hillsides, natural and historic
resources, ridgelines, tree or stand of trees, creek and riparian corridors and open space .
Sec. 29.80.100. Phased development.
Proposed phasing plans shall be reviewed and adopted by the Town Council only if each
phase is self-sufficient and is not dependent on subsequent phases to fulfill infrastructure
requirements and/or conditions of approval.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Development rights for required open spaces shall be dedicated in advance of the issuance of
any building permits.
Sec. 29.80.110. Vested.
Failure to obtain building permits for the approved Planned Development within 24 months
from the date of approval will automatically void the PD ordinance, unless an extension of time
has been granted by the Town Council for good cause shown .
2
Sec. 29.80.120. Amendments to Previously Approved Planned Development.
Amendments to a PD approved both prior to and after the adoption of this Division may only
be considered under this Division and its provisions and must meet the requirements set forth
herein.
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3
RESOLUTION 2015-008
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ESTABLISHING A PLANNED DEVELOPMENT STUDY COMMIITEE
WHEREAS, 1n December 2013, an Ad Hoc Committee of the Town Council was
established to study Planned Developments (PD) and the use of the PD Overlay Zoning; and
WHEREAS, on June 2, 2014, the Ad Hoc Committee presented the Town Council
recommended amendments to the Town Code (Zoning Regulations) pertain to PD Overlay
WHEREAS, the Town Council referred the Ad Hoc Committee's recommended
amendments to the Planning C-Ommiss1on; and
WHEREAS, on October 8, 2014, the Planning Commission c.onduc,ted a public meeting to
receive public input and review the referral from Council; and
WHEREAS, the Planning Commission recommended that the Town Council appoint a
Planned Development Study Committee (hereafter Study Committee) with membership from the
Planning Commission, General Plan Committee, Historic Presexvation Committee, developersj
and members of the public to conduct further research regarding the use of the PD Overlay Zoning.
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los
Gatos does hereby establish a Study Committee composed of a11 members of the General Plan
Committee, two Town residents, one member with business experience, a,Jid one member with
land development/construction community. The purpose of the Study Committee is to conduct
further research regarding the history and use of the PD Overlay Zoning and related planning
application processes and formulate recommendation(s) for the Town Council's considerations.
The Study Committee shall automatically be dissolved on December 31, 2015.
EXHIBIT 4
PASSED AND ADOPTED at EJ regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1 ?1It day of February, 2015, by the following vote~
COUNCIL MEMBERS:
AYES : Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
~~~
SIGNED: / <
v <i:J·1 (· ,_. 4.:/i"; __ / ./-· ~'~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PLANNED DEVELOPMENT STUDY COMMITTEE
RECOMMENDED DRAFT PLANNED DEVELOPMENT ORDINANCE
DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29.80.075. Purpose and Intent.
Sec. 29.80.080. Limitations on Use of Planned Development.
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances.
Sec. 29.80.090. Requirements.
Sec. 29.80.095. Findings.
Sec. 29.80.100. Phased development.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Sec. 29.80.110. Vested.
Sec. 29.80.120. Amendments to Previously Approved Planned Developments.
Sec. 29.80.075. Purpose and Intent.
As more specifically provided in Section 29.S0.080 (B), the purpose and intent of the Planned
Development Overlay Zone (PD) is to preserve, enhance, and/or promote:
1. The Town's natural and historic resources;
2. The production of affordable housing;
3. The maximization of open space; and/or
4. A project that provides a public benefit to the citizens of the Town.
Sec. 29.80.080. Limitations on Use of a Planned Development.
A. The PD overlay is not intended for:
1. Uses Inconsistent with the General Plan;
2. Proposed development that is reasonably feasible under the existing Town Code; or
3. A relaxation of standards applicable to similar types of development.
B. An Application for a PD shall only be considered by the recommending and deciding bodies
if it meets the Purpose and Intent of this Division, and meets one or more of the following
criteria:
1. A project that provides a public benefit to the citizens of the Town.
2. Property that is designated within the Hillside Development Standards Guidelines Area
Map.
3. Property that has a historical designation or is within a Landmark Historic Preservation
(LHP) Overlay Zone.
4. Property with a tree or "stand of trees" that is unique, historical, ecological, or of
aesthetic value, as determined according to standards set forth in the Town's Tree
Protection Ordinance.
1
EXHIBIJ 5
5. Property that contains a stream, channel, or creek that supports or has supported
riparian vegetation, fish, and/or aquatic life as further defined in the Guidelines and
Standards for Land Use Near Streams.
6. A property with a geological hazard or within a fault zone.
7. A property being considered for affordable housing as defined in the Town's adopted
and certified Housing Element.
8. A property being considered for a use or combination of uses not allowed in the Town's
existing zoning districts.
9. A property being considered for the creative use of the site consistent with the base
zoning district.
Sec. 29.80.085. Relationship of Planned Developments to other adopted land use documents.
The Planned Development Overlay shall not be used to deviate from General Plan provisions,
Guidelines adopted by the Town Council, the standards contained In any existing land use
regulation, or any other provision of the Town Code otherwise applicable to the property
except as otherwise provided in Section 29.80.095 (4).
Sec. 29.80.090. Requirements.
The PD application shall include text and plans or diagrams that clearly demonstrate and
specify all of the following:
1. Compliance with all sections of this Division.
2. Conformity of the PD to the goals, policies, applicable land use designation(s)
and standards of the General Plan.
3. A plan or set of plans that identify characteristics existing on the property which
warrant application of the PD Overlay Zone .
4. Proposed distribution, location and extent of the land uses on the site, including
open space.
5 . Proposed standards and criteria by which development will proceed, including
standards for conservation, development and utilization of natural and/or
historic resources.
6. Proposed deviations from the land use regulations and development standards
applicable to the underlying zoning district(s).
7. Description of the public benefit of the proposa I.
Sec. 29.80.095. Findings.
The deciding body, on the basis of the totality of the evidence and testimony submitted at the
hearing, may adopt a PD if all of the following findings can be made:
1. The proposed PD is in compliance with all sections of this Division.
2. The proposed PD is in conformance with the goals, policies, and applicable land use
designation(s) and standards of the Town's General Plan .
2
3. The proposed PD is in conformance with all other applicable land use regulations,
including but not limited to Town Council adopted Guidelines, except as otherwise
provided in Section 29.80.095 (4).
4. Any proposed use or development standards that deviate from the underlying zoning
district(s) result in innovative and creative site planning to develop:
a. Housing with a minimum of 40 percent of the units affordable to households of
very low, low, or moderate income; or
b. Mixed commercial, or mixed residential, or mixed commercial and resident ial
development; or
c. A development designed and sited to protect, preserve and enhance
conservation and enrichment of hillsides, natural and/or historic resources,
ridgelines, a tree or stand of trees, creek and riparian corridors, geologic hazard
or fault zone, and open space; or
d. A project that maximizes open space; or
e. The proposed PD provides a public benefit to the citizens of the Town.
Sec. 29.80.100. Phased development.
Proposed phasing plans shall be reviewed and adopted by the Town Council only if each
phase is self-sufficient and is not dependent on subsequent phases to fulfill infrastructure
requirements and/or conditions of approval.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Development rights for required open spaces shall be dedicated in advance of the issuance of
any building permits.
Sec. 29.80.110. Vested.
Failure to obtain building permits for the approved Planned Development within 24 months
from the date of approval will automatically void the PD ordinance, unless an extension of time
has been granted by the Town Council for good cause shown.
Sec. 29.80.120. Amendments to Previously Approved Planned Development.
Amendments to a PD approved both prior to and after the adoption of this Division may only
be considered under this Division and its provisions and must meet the requirements set forth
herein.
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3
TOWN CODE SECTION 29.20 .185 TABLE OF CONDITIONAL USES
.....
(8) Residential Uses RC HR Rl RD R-M R-lD RMH 0 C-1 C-2 CH LM CM
a. One-family dwelling (in a ,,.
mixed-use 12roject) x x * x k
b. Two-family dwelling (in a
mixed-use 12roject) Jl x * x *
c. Multi-family dwelling (in a
mixed-use J;!roject) x x x x *
El. 8ea£Eliaghettse ~ * * e. ApeRIBem hetel ~
* ~ * . Mobile home park x
g. ResiEleatial eeBEieminiHm
* 3t * * Ml *
h:e.Caretaker residence
x x
¥.of. Reserved
~g. Conversion of ~ mobile home
park to 08BQ0mHHU:lll
ewaefShip anv other use x x
l&h.Live/work units x x x x x
• II II II.
N :\DEV\Planned Development Study Committee -PDSC\PDSC Recommendations\CUP Table Excerpt Recommendation.docx
1
EXHl8l1 6
Other Important Issues to be Addressed by the
Planning Commission and Town Council
• Define minimum open space requirements
• Fix all inconsistencies between Zoning Ordinance and General Plan relating to
recommendations to remedy conflicting language
• Consider a minimum lot size threshold for Planned Developments
• Consider requiring the processing of A&S and Planned Development
applications at the same time
• Define public benefit
• Define a minimum/maximum density for residential units in mixed-use
developments
• Define mixed-use project
• Consider adding one or more General Plan Land Use and/or Zoning
Designations
N :\DEV\Planned Development Study Committee -PDSC\PDSC R.ecommendations\OthcrlssuesRecommmdation.docx
1
EXHIBIT 7
Town of Los Gatos General Plan
Commercial Land Use Designations
Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses,
including those authorized in any other Zoning District within the Town, may be permitted where
authorized by a Cond i tional Use Permit or Planned Development Overlay Zone. In a mixed-use project
residential uses may be permitted in conjunction with other permitted uses in non-r esidential Zoning
Districts with the exception of the Commercial Industrial and Controlled Manufacturing Zoning Districts.
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. Office Professional: Up to 50 percent land coverage with a 35-foot height limit
The Office Professional designation provides for professional and general business offices. This
designation applies to various locations throughout the Town, often in close proximity to neighborhood-
or community-oriented commercial facilities, or as a buffer between commercial and residential uses.
The intent of this designation is to satisfy the community's need for general business and professional
services and local employment.
b. Central Business District: 0.6 FAR with a 45-foot height limit
The Central Business District designation applies exclusively to the downtown and accomplishes the
following:
• Encourages a mixture of community-oriented commercial.goods, services and lodging unique in its
accommodation of small-town style merchants and maintenance of small-town character.
• Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
+ Integrates new construction with existing structures of historical or architectural significance and
emphasizes the importance of the pedestrian.
c. Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use
seUiRg project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses,
recreational uses, and restaurants. Projects developed under this designation shall maintain the small
town, residential scale and natural environments of adjacent residential neighborhoods, as well as
provide prime orientation to arterial street frontages and proper transitions and buffers to adjacent
residential properties.
1
EXHIBIT g
This designation should never be interpreted to allow development of independent commercial facilities
with principal frontage on the side streets.
d. Neighborhood Commercial: Up to SO percent land coverage with a 35-foot height limit
The Neighborhood Commercial designation provides for necessary day-today commercial goods and
services required by the residents of the adjacent neighborhoods. This designation encourages
concentrated and coordinated commercial development at easily accessible locations.
e. Service Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Service Commercial designation provides for service businesses necessary for the conduct of
households or businesses. These include auto repair, building materials sales, paint suppliers, janitorial
services, towing businesses, contractors offices and yards, launderers and dry cleaners, as well as
wholesaling and warehousing activities.
f. Light Industrial: Up to 50 percent land coverage with a 35-foot height limit
The Light Industrial designation provides for large-scale office developments and well-controlled
research and development, industrial-park-type and service-oriented uses subject to rigid development
standards. These uses should respond to community or region-wide needs.
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2
PLANNED DEVELOPMENT STUDY COMMITTEE (PDSC)
EXECUTIVE SUMMARY -March 30, 2016
Committee & Purpose:
Twelve-member committee appointed April 21, 2015 e1nd met 9/30/15 -1/14/16.
PDSC Committee charged to review the current Planned Development Ordinance
and proposed Ad Hoc Committee proposed modifications regarding history and use
of PD zoning, and formulate recommendation (s) for the Town Council's
consideration. Additionally, examine the Conditional Use Permit(CUP) process that
enables land use changes from commercial to residential uses and determine if the
Town should consider modifications to that practice With a Town Code amendment.
Problem(&);
The Committee considered:
1. The existing Planned Development Ordinance has come under study to determine
if it is focused adequately and applied in an appropriate manner for development in
Los Gatos. It is acknowledged that this Ordinance has been interpreted and
deviated from the Town's Vision Statement resulting in higher intensity
development impacting Los Gatos residents.
2. Should the current use of CU P's for residential uses in commercial zones be
continued and If so, under what circumstances?
.Gslala•
Approve/RecommenQ a Planned Development Policy dlitt js workable to implement
the goals of the General Plan to ensure that Los Gatos· remains the historic and
unique Town it is. Recommend, if needed.. Code and Policy document amendments
to CUP's for residential 1,1ses in commercial zones. ·
Process;
Through study, discussion, and based on conclus.ions, a decision wiUbe reached to
recommend or not, a revised PD Ordinance and any revisions to the use of.CUP's for
residential uses in commercial zones. The committee understood and agreed that
anything written or said in the concluding recommendations could be a starting
point for the Town Council and Planning Commission. Lengthy discussions ensured
all ideas and concerns were taken into account and reflected in conclusions.
Recommendations were approved by consensus vote of Committee.
Committee's Overarddne Startin.: Points
As a result of the Committee meeting on 10/22/15, the.Committee determined that:
1. The Intent and Purpose of a PD is important to establish first, and must be
dearly and strongly stated.
2. Planned DeveJopment can be a valuable tool to further the goals and policies
of the General Plan.
3. Planned Development can be a valuable tool only if it is consistent with the
General Plan, policies and goals.
1
EXHIBIT 9
Study;
1. Review "Intent" of Planned Development as written in the Town code
Sec. 29.20080. Intent.
2. Current Elements the PD allows
3. Suggested Elements the first Ad Hoc Committee allows
4 . Review Planning Commission's reasons for more study
5. Rev iew PD Overlay zoning
6. Review e~amples of approved PD's both residential and commercial
7. Explore PD Strengths and Weaknesses
8 . Review the Strengths and Weaknesses in Los Gatos PD developments
9. Review any litigation because of PD developments
10. Modifications of the Intent?
11. The committee considered:
Results;
• amendments to elements of current PD,
• modify first Ad Hoc version to strengthen PD language with clear
direction
• create new version with clear direction to strengthen but not
constrict PD.
1. The Committee, with staffs effective counsel and suggestions , developed a
.draft Planned Development Overlay Zone ordinance.
2. Considerable discussion of the Land Use -Commercial and Non-Residential
Land Use Designations.
3. The Committee modified the Table of Conditional Uses.
4. Ttie Committee developed a list of "Other Important Issues to be Addressed by
the PC and TC". Extensive Committee discussion occurred around these
topics, resulting in more questions and the knowledge that the issues were
not the PDSC's to decide. The Committee realizes conclusions about these
topics may affect the Committee's draft ordinance recommendation.
S. Further Committee suggestions are to form an ongoing Citizens Committee to
include in discussions related to Town zoning and ;public benefit'.
Based on .a consensus vote, the Committee forwards and recommends to the Town
Council a revised draft Planned Development Ordinance and a modified Table of
Conditional Uses.
Joanne Stypula Talesfore
Planned Development Study Committee, Chair
JakVan Nada
Planned Development Study Committee> Vice-chair
2
The PDSC committee talked at length about this topic and believes It Is an important con$ideration for
deciding bodies to arrive at a definition that is clearly understandable. The Comm;tt~ did not reach any
conclusion and believes this paper from Jak Van Noda is a starting point for discussion.
January 14, 2016
Concern about the definition of a "public benefit"
I realize that we can't make a PD so tight that this council, as well as future councils, beoome bound by it
rather than using it as an •innovative" tool. However, I believe we t)ave tidied up and tea rranged those
deck chairs one more time. I think we may have a gaping weakness in the ship's hull that a less
conscientious council could shoot a torpedo through In the future. Below are my thoughts on a
definition of what a "publk benefit" might be •
The "weakness" I perceive is Item 4 within Sec. 29.80.075, the Purpose and Intent: NA project that
proV1des a oubllc benefit. to the citizens of the town." A"publlc benefit" could be mterp.reted
individually such that a develcPment~oriente~ council could interpret many of the ten:ns differently than
we intend.
I think that the by defining the 41publ1t benefit" with slightly stronger wording, we can give the Council
an~ the Planning Commission more teeth while Jetting the developer know that our expectations for
dev~lopment are neither common nor mundane.
I would propose the following ·definition:
A ,.public benefit" will be defined as a project that makes a substantial contribution to the public
infrastructure that .is consistent with the vision and objectives of the General Plan. Mere ~mpliance
with the existing zoning shall not be considered a substantial community benefit. Substantial benefits
must be actions that are substantially above and beyond what an applicant would be required to make
ln order to comply with the underlying zoning_.
JakVan Nada
This Page
Intentionally
Left Blank
Town Council Meeting 08/16/16
ltem#1
MINUTES OF THE TOWN COUNCIUPARKING AUTHORITY MEETING
AUGUST 2, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
August 2, 2016, to hold a Closed Session at 6:00 p.m . and a Regular Meeting at 7:00
p.m.
10. Direct staff to prepare proposed amendments to the Town Code, General Plan , and
other policy documents incorporating the recommendations from the Planned
Development Study Committee and forward these proposed amendments to the
Planning Commission for consideration .
Joel Paulson , Director of Community Development, presented the staff report.
Opened Public Comment.
Lee Quintana
-Inquired how the changes would be incorporated.
Closed Public Comment.
Council discussed the matter.
Motion by Council Member Marcia Jensen to direct staff to
prepare proposed amendments to the Town Code, General Plan,
and other policy documents incorporating the recommendations
from the Planned Development Study Committee and forward
these proposed amendments to the Planning Commission for
consideration. Seconded by Council Member Rob Rennie.
Motion passed unanimously.
1
EXHIBrr 1 0
Sec. 29.10.065. -Recreational open space for residential condomi niums.
The following standards apply to all residential condominiums in all zones. Higher standards
may be imposed during the zoning approval process when the welfare of the occupants
requires.
(1) Private open space. Each ground floor dwelling unit shall have a minimum of two
hundred (200) square feet of outdoor usable open space In the form of a single enclosed
patio or deck located essentially at the level of the main living area. Each dwelling unit
above the ground floor shall have one hundred twenty (120) square feet of outdoor
usable open space in the form of a balcony. For purposes of this section, a multiple floor
unit with the lower floor on the ground level is treated as a ground floor unit. The
minimum horizontal dimension for a patio fs ten (10) feet and for a balcony is six (6)
feet. Private open space shall be suitably screened for privacy of the occupant. Location
and screening is subject to review by the deciding body.
(2) Community recreation space . In addition to the private open space required by part (1),
there shall be a total community recreation area of at least one hundred (100) square
feet for each dwelling unit. This area is in addition to that required for yards. The
deciding body shall determine whether the location and amount of community
recreation space and facilities provided are appropriate for the anticipated residents of
the project.
(3) Location of open space. Private open space and community recreation space may be
located in required yards provided the location is approved by the deciding body, and
provided an equivalent land area is designated as community recreation space
elsewhere on the property.
(Ord. No. 1316, § 3 .05.030, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8 -1-77; Ord. No.
1375, 11-21-77)
Sec. 29.40.660. -Recreational open space for multiple-family dwellings.
For multiple-family dwellings other than residential condomi n i ums there shall be a total
open space area oftwo hundred {200) square feet for each dwelling unit, usable for outdoor
activities. This area is in addition to required yards, is a minimum requirement, shall be
composed of private area, communi ty areas o r both, and may be i n the form of balconies or
decks, all as determined by the deciding body. Any areas intended t o serve as private open
space shall be screened for privacy of the occupant as required by the decid i ng body.
(Ord. No . 1316, § 4 .32.120, 6-7-76; Or d. No. 1375, 11 -21-77)
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Sec. 29.40.870. -Recreational open space for mobile home parks.
In a RM H or mobile home residential zone, there shall be a total open space area of two
hundred (200) square feet for each dwelling unit, usable for outdoor activities. This area is in
addition to required yards, is a minimum requirement and shall be composed of private
areas, community areas or both as determined by the deciding body. Any areas intended to
serve as private open space shall be screened for privacy of the occupant as required by the
deciding body.
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Sec. 29.40.635. Density, findings.
The specific density for each building site in a R-M or multiple-family residential zone shall
be determined by the deciding body when Issuing the conditional use permit. The
determination shall be accompanied by findings that the density prescribed:
(1) Will be adequately accommodated by streets serving the development either in their
existing configuration or a configuration which Is Intended to be created in the
immediate future and that the development will not overburden existing streets or
other public improvements such that the provision of public services to the general
areas will not be impaired.
(2) That the architectural design of the development, the site planning therefor, and the
characteristics of the lot, including its shape, area, topography, vegetation and existing
structure will be such that adjacent properties will not be adversely affected.
(3) That individual dwelling units will be serviced by light, air, off-street parking, open
space, privacy and other such amenities which are normally incident to well-designed
residential development.
(4) Any multiple residential development existing on the date this zone classification is
applied thereto, the density of which does not exceed the maximum limit for this zone,
shall be deemed by operation of law to have had its density approved pursuant to the
provisions of this section.
(Ord. No. 1316, § 4.32.070, 6-7-76; Ord. No. 1375, 11-21-77)
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Relevant General Plan "Mixed-Use" References
Land Use Element:
Goals, Policies, and Actions:
• Policy LU 10.2-"Recognize and encourage the different functions, land use patterns,
and use mixes of the various commercial areas within the Downtown. These Include:
a) The pedestrian scale and orientation of the Central Business District.
b) The neighborhood-serving commercial land use pattern of areas north of
Saratoga Avenue to Blossom Hill Road.
c) The mixed use commercial activities along Santa Cruz Avenue and the service
commercial activities along University Avenue between Andrews Street and
Blossom Hill Road.
• Policy LU-10.4-"Encourage mixed uses to increase residential opportunities in
commercial zones Downtown, taking into consideration potential impacts to loss of
commercial opportunities."
• Policy LU-11.2-"The Town shall encourage uses that serve Town residents. These
include, but are not limited to, open space, playflelds, office, retail, and other
commercial uses. Residential uses may be permitted as part of mixed-use development
and only with acceptable mitigation of adverse noise, air quality, and other
environ m entaf hazards."
• Policy LU-12.2 -"Encourage a mix of uses along Los Gatos Boulevard, including, where
appropriate, mixed-use parcels that are compatible with surrounding uses."
• Policy LU-12.4 -"Encourage mixed uses to increase residential opportunities in
commercial zones."
Housin1 Element:
Goals, Policies, and Actions:
• Action HOU-1.3-"General Plan Density Bonus: Continue to provide up to a 100 percent
density bonus for developments that include housing for elderly, handicapped, and/or
very low and low-income households.
[ ... ]
Eligibility requirements for the General Plan Density Bonus are as follows:
[ ... ]
o D. Deviations from the Town's density, traffic, and parking regulations may be
granted for mixed-use projects that provide residential units in non-residential
zones.
• Action HOU-1.7-"North 40 Specific Plan Area Rezoning: the Town will rezone 13.5
acres within the North 40 Specific Plan area within three years of Housing Element
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adoption at minimum a density of 20 dwelling units per acre to facilitate affordable
housing production . After rezoning, owner occupied or multiple family development will
be by-right as defined by not requiring a conditional use permit or other discretionary
approval; however, design review according to the objective standards contained in the
Specific Plan can occur (see Action HOU2.4). In addition, it is anticipated that by-right,
multiple-family development at a minimum of 20 units to the acre will occur as a single
use development as permitted by the zoning. If housing affordable to very low and low
income households is part of a mixed use development, it will occupy at least SO percent
of the total floor area of a mixed use project. [ ... ]"
• Policy HOU-2.3 -"Encourage mixed-use developments that provide affordable housing
close to employment centers and/or transportation facilities, particularly along Los
Gatos Boulevard and within a ~-mile radius of the future Vasona light rail station."
• Policy HOU -2.S -"New single-family, multi-family, and mixed-use developments shall be
compatible with the character of the surrounding neighborhood."
• Action HOU-2.1-"Affordable Housing Overlay Zone (AHOZ): Continue to implement the
minimum density and affordable housing incentives within the AHOZ to encourage the
development of owner and rental housing that is affordable to lower and moderate-
income households in order to meet the Town's assigned RHNA.
[ ... ]
In addition, it is anticipated that by-right, multiple-family development at a minimum of
20 units to the ac.re will occur as a single use development as permitted by the zoning. If
housing affordable to very low and low-income households is part of a mixed use
development, it will occupy at least SO percent of the total floor area of a mixed use
project."
Technical Appendices:
• Page 4-1-"The Mixed Use Commercial designation in the Los Gatos General Plan also
allows residential uses as a part of mixed-use development, but does not specify a
minimum or maximum residential density. Residential uses are allowed in all office and
commercial zones in Los Gatos with a conditional use permit."
Vasona Light Rail Element:
Goals, Policies, and Actions:
• Goal VLR-2 -"To encourage affordable housing (senior housing, multi-family housing,
mixed-use with housing) in appropriate locations within the Vasona Light Rail area to
address the Town's housing needs and take advantage ofthe opportunities afforded by
mass transit.n
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• Policy VLR-2.2 -"Proposed mixed-use projects in the Vasona Light Rail area which
include residential uses shall assist the Town in meeting its housing goals of providing
rental units, senior housing, and affordable housing.»
• Goal VLR-3 -''To encourage mixed-use developments that coordinate housing in
proximity to either neighborhood commercial uses or employment centers."
• Policy VLR-3.1-"Mixed-use proposals within the Vasona Light Rail area shall address
how the proposed uses would be compatible and synergistic with each other."
• Policy VLR-3.2 -"Mixed-use commercial/market rate and/or affordable housing
developments may be considered in the Vasona Light Rail area."
• Policy VLR-3 .3-"Encourage a mix of commercial, office, and light industrial and
recreational uses within the Vasona Light Rail area, especially in areas less suited to
residential development due to noise."
• Policy VLR-3.4 -"Encourage mixed-use development of commercial, office, and
medium-high density residential uses in the North Forty area and along East Los Gatos
Boulevard, north of Lark Avenue.n
• Policy VLR-3.5 -11Projects In the Vasona Light Rail area proposi ng all commercial, office
or residential uses shall be evaluated to ensure that the Town's desire for mixed-use is
fulfilled."
• Policy VLR-3.7-"Shared parking for mixed-use projects will be allowed within the
Vasona Light Rail area."
• Action VLR-3.2 -"Develop and adopt standards for mixed-use design to be used in the
review process of all mixed-use developments in the Vasona Light Rail area."
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Mixed-Use Definitions
• Palo Alto
o "Mixed Use Development shall mean a combination of nonresidential and
residential uses arranged on a site. The uses may be combined in a vertical
configuration (within a building) or in a horizontal configuration (separate
buildings)." (M.C. 18.16.030 {h))
• Sunnwa le
o "Mixed use means a development that includes nonresidential and residential
uses on the same development site." (M.C. 19.12.140)
o "Mixed Use Development shall mean a development consisting of one or more
lots developed as a cohesive project and designed with a blend of various
compatible uses such as commercial, office, and residential." (M.C. 19.26.220)
• Campbell
o "For the purpose of this section, mixed-use projects are developments that
combine both commercial retail/office and residential uses or structures on a
single parcel, or as components of a single development."
o ''Mix of uses. A mixed-use project shall only combine residential uses with
commercial/office uses. Mixed-use projects that provide commercial and/or
office space on the ground floor with residential units above (vertical mix) are
encouraged over projects that provide commercial structures on the front
portion of the lot with residential uses placed at the rear of the Jot (horizontal
mix)." (M.C. 21.36.130)
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