Loading...
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. N:\DEV\Planned Dev Zoning Study Committee -PDZSC\9-30 Meeting lnformation\Ad Hoc Ordinance 6-2-14.docx 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. N:\DEV\Planned Developm ent Study Committee · PDSC\PDSC Recommendations\PDSCOrdRecommendation.docx 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. N:\DEV\Planned Development Study Committee· PDSC\PDSC Recommendations\CommercialGPDeslgnationsRecommendation .docx 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) 1 EXHIBl1 1 1 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. N:\OMRyon\ProjectS\PO Amendments -ResHrch\ .. hlblts\11-Recrertlonal Open Spooco .docx 2 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) N:\DEV\Ryan\Projects\PD Amendments. Research\exhibits\Exhiblt 11-Denisty Findings Excerpt.docx 1 EXHIBIT 1 2 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 1 EXHIBIT 1 3 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 2 • 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." N:\DEV\Ryan\Projects\PD Amendments -Research\exhibits\Exhibit 12 -General Plan Mixed Use .docx 3 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) N:\DEV\Ryan\J>rojects\PD Amendments -Aesearch\exhibits\Mlxed·Use Definition· exhibit 14.docx 1 EXP.!BIT 1 4