PD Ord and CUP Table - Staff Report and Exhibits 16-33
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: 03/28/2018 ITEM NO: 3
DATE: MARCH 23, 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.
BACKGROUND:
On February 14, 2018, the Planning Commission considered amendments to Chapter 29 (zoning
regulations) of the Town Code, the General Plan, other policy documents regarding Planned
Development (PD) Ordinances, and the Conditional Use Table as recommended to the Town
Council by the Planned Development Study Committee. At that meeting, the Commission
received the staff report, considered comments from the public, began discussing the topics
outlined in the staff report, and continued consideration to March 28, 2018 with direction to
staff. The direction to staff was to incorporate two minor grammatical edits to the first page of
the draft PD Ordinance (shown in bold and underlined text in Exhibit 33), and to conduct
additional research on neighboring jurisdictions so the Commissioners can better address the
topics outlined in the February 14, 2018 staff report.
Specifically, the Commission directed staff to research whether the cities of Saratoga, Los Altos,
and Campbell have:
• Adopted PD Ordinances;
• Minimum PD lot size requirements;
• Density requirements for residential units in commercial zones;
• Minimum open space requirements in commercial zones;
• A definition of mixed-use; and
• A definition of public benefit.
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Staff also added Mountain View to the list of jurisdictions to research due to public comment
received at the February 14, 2018 Planning Commission hearing.
DISCUSSION:
The table below contains a summary of staff’s research. A more detailed discussion is provided
following the table.
A. Have the other jurisdictions adopted PD Ordinances?
All four jurisdictions have adopted PD Ordinances:
• Saratoga has a Planned Combined Zoning District (Exhibit 16);
• Los Altos has a Planned Community Zoning District (Exhibit 17) and Planned Unit
Developments (PUD) are allowed in specific locations (Exhibit 18);
• Campbell has a Condominium Planned Development Zoning District (Exhibit 19) and
a Planned Development Zoning District (Exhibit 20); and
• Mountain View has a Planned Community Zoning District (Exhibit 21) and PUDs are
allowed in all other zoning districts (Exhibit 22).
PD
Ordinance
Minimum
PD Lot
Size
Residential
Density Limit
in Commercial
Zones
Minimum Open
Space in
Commercial
Zones
Mixed-Use
Definition
Public
Benefit
Definition
Saratoga Yes
No Yes No Yes No, but
examples
provided
Los Altos Yes
Yes,
varies
Yes Yes No No
Campbell Yes
No No No Yes No, but
examples
provided
Mountain
View
Yes
Yes,
varies
No No Yes No, but
examples
provided
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DISCUSSION (Continued):
B. Do other jurisdictions have a minimum PD lot size requirement?
Los Altos and Mountain View have the following minimum lot size requirements for PD
projects:
• Los Altos Planned Community Zoning District - 20 acres;
• Los Altos PUD - Zero to five acres;
• Mountain View Planned Community Zoning District - Two acres; and
• Mountain View PUD - Ten acres if located in industrial zoning districts and two acres
if located in commercial zoning districts.
C. Do other jurisdictions have residential density limits for commercial zones?
Saratoga and Los Altos both have residential density limitations for commercially zoned
properties:
• Saratoga has density limits in their General Plan Land Use Table (Exhibit 23);
• Los Altos has density limits in their General Plan Land Use Table (Exhibit 24); and
• Los Altos limits residential density in the Commercial Thoroughfare Zoning District
to 38 dwelling units per acre.
D. Do other jurisdictions have minimum open space requirements in commercial zones?
Los Altos is the only jurisdiction with a commercial zone that requires minimum open space;
however, the open space requirement is not related to commercial uses. Los Altos’
Commercial Thoroughfare Zoning District contains open space requirements for multi-
family residential projects, which are allowed as a conditional use (Exhibit 25).
E. Do other jurisdictions define mixed-use?
Of the four jurisdictions, Los Altos is the only jurisdiction that does not define mixed-use:
• Saratoga defines mixed-use development as: The development of a lot or building
with two or more different land uses, such as residential, commercial, office, or
public (§ S.M.C. 15-58.020);
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DISCUSSION (Continued):
• Campbell defines mix of uses as: 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 lot (horizontal mix)
(§ C.M.C. 21.36.130); and
• Mountain View defines mixed-use development as: The development of a site or
structure with two (2) or more different land uses, including a combination of
residential, office, retail, public, manufacturing or entertainment in a single or
physically integrated group of structures (§ M.V.M.C. 36.60.29).
F. Do other jurisdictions define public benefit?
Saratoga does not define public benefit. However, the Planned Combined Zoning District
within the Zoning Code references public benefits: A public benefit could include, but is not
limited to, buildings that exceed the City’s green building standards, provides community
facilities that are open to the public, or allows for innovative in-fill design
(§ S.M.C. 15-16.010-b).
Los Altos does not define public benefit. However, each of the Downtown Commercial
districts within the Zoning Code contain a section titled “Exception for Public Benefit,” which
refers to public benefits as implementing aspects of the Los Altos Downtown Design Plan. An
excerpt of the “Exception for Public Benefit” section from the Commercial Retail Sales District
is provided in Exhibit 26.
Prior to the February 14, 2018 Planning Commission hearing, a Public Benefit Bonus Policy
Brief was provided to staff and the Commissioners (Exhibit 15). The policy brief was drafted
in 2012 on behalf of the City of Mountain View, as the City was researching how to best
implement a public benefit bonus program. Currently, Mountain View does not have a
citywide public benefit policy. However, the City has embedded public benefit requirements
into their precise plans. The precise plans each have a “base” allowance for intensity and
height standards, and then different “tiers” for increased allowances based on public benefit
contributions. Exhibit 27 contains excerpts from the San Antonio Precise Plan, Exhibit 28
contains excerpts from the North Bayshore Precise Plan, Exhibit 29 contains excerpts from
the El Camino Real Precise Plan, and Exhibit 30 contains the resolution for adoption of a
minimum value for public benefits provided in the El Camino Real Precise Plan.
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DISCUSSION (Continued):
Staff expanded its search beyond the four jurisdictions to gather additional information on
public benefits.
San Jose does not define public benefit. However, the San Jose Stevens Creek Urban Village
Specific Plan states the following regarding potential community benefits: Should a
residential mixed-use project construct 50 percent or more commercial space than required
under this Plan, it can be considered as a community benefit. Other potential community
benefits could include designing and building commercial space that is specifically affordable
to small businesses, leasing commercial space at an affordable rate to small businesses,
providing the space and infrastructure for a farmer’s market, or providing a space specifically
for food trucks (§ San Jose Stevens Creek Urban Village Specific Plan, p. 175).
Culver City has a Community Benefit Incentive Program. The program establishes the types
of community benefits, the process for establishing and approving community benefits, the
community benefits contribution amount, and the procedures for providing a community
benefit. Exhibit 31 contains the resolution establishing the Community Benefit Incentive
Program.
The Glendale Downtown Specific Plan contains an Incentives and Bonuses Chapter, which
outlines the incentives and bonus program for the Downtown Specific Plan. The document
lists specific density and height bonuses for the following types of public benefits: affordable
housing, historic preservation, hotels, public open space, reuse of existing buildings, and
sustainable design. Exhibit 32 contains the Incentives and Bonuses Chapter of the Glendale
Downtown Specific Plan.
PUBLIC COMMENTS:
No Public Comments have been submitted.
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CONCLUSION:
A. Recommendation
Staff recommends that the Planning Commission review the information included in the
staff reports for this matter, address the topics outlined in the February 14, 2018 staff
report, and forward the draft PD Ordinance, modifications to the Conditional Use Table, and
General Plan amendments to the Town Council with a recommendation for adoption. The
Commission should also include any comments or recommended changes to the draft PD
Ordinance, the Conditional Use Table, and the General Plan amendments in taking the
following actions:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3)] (Exhibit 1);
2. Make the required finding that the proposed amendments to the Town Code (Zoning
Regulations) regarding Planned Development overlay zones and residential uses in non-
residential zones are consistent with the General Plan (Exhibit 1);
3. Make the required finding that the proposed General Plan amendments are internally
consistent with the General Plan (Exhibit 1); and
4. Forward a recommendation to the Town Council for approval of the proposed
amendments to the Town Code and General Plan (Exhibit 5, 6, 8, and 33).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the proposed
amendments to the Town Code and General Plan with modifications; or
2. Forward a recommendation to the Town Council for denial of the proposed
amendments to the Town Code and General Plan; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
Previously received with February 14, 2018 Staff Report:
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)
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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)
15. City of Mountain View – Public Benefit Bonus Policy Brief (15 pages)
Received with this Staff Report:
16. City of Saratoga - Planned Combined District (three pages)
17. City of Los Altos - Planned Community District (six pages)
18. City of Los Altos - Planned Unit Developments (eight pages)
19. City of Campbell - Condominium Planned Development District (two pages)
20. City of Campbell - Planned Development District (four pages)
21. City of Mountain View - Planned Community District (two pages)
22. City of Mountain View - Planned Unit Developments (two pages)
23. City of Saratoga - General Plan Land Use Table (one page)
24. City of Los Altos - General Plan Land Use Table (one page)
25. City of Los Altos - Open Space Requirements in Commercial Thoroughfare District
(one page)
26. City of Los Altos - Exceptions for Public Benefit Excerpt (one page)
27. City of Mountain View - San Antonio Precise Plan Excerpt (seven pages)
28. City of Mountain View - North Bayshore Precise Plan Excerpt (three pages)
29. City of Mountain View - El Camino Real Precise Plan Excerpt (four pages)
30. City of Mountain View - Resolution for Public Benefits Minimum Value for El Camino Precise
Plan (two pages)
31. Culver City - Resolution Establishing the Community Benefit Incentive Program
(seven pages)
32. City of Glendale - Incentives and Bonuses Chapter of Downtown Specific Plan (six pages)
33. Planning Commission Recommended Edits to Draft PD Ordinance (three pages)
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Intentionally
Left Blank
3/23/2018 21.12.020 -C-PD (Condominium Planned Development) zoning district. I Code of Ordinances I Campbell, CA I Municode Library
21.12.020 � C�PD (Condominium Planned Development)
zoning district.
A.Purpose. The C-PD zoning district is established to provide for the construction of new residential,
commercial, and industrial condominiums. This zoning district also provides for the conversion of
existing multiple-family rental housing units into condominiums, community apartments, stock
cooperatives, and any other subdivision that is a conversion of existing rental housing. This district
also provides for the conversion of existing commercial and industrial structures to commercial and
industrial condominiums.
B.General Plan. The C-PD zoning district is consistent with the underlying land use designation of the
General Plan.
C. Allowable uses in the C-PD zoning district. Subject to the approval of a planned development
permit, in compliance with subsection E of this section, the following uses may be allowed in the C
PD (Condominium Planned Development) zoning district:
1.The construction of new residential, commercial, and industrial condominiums;
2.The conversion of existing multiple-family rental housing units into condominiums, community
apartments, stock cooperatives, and any other subdivision which is a conversion of existing
rental housing; and
3.The conversion of existing commercial and industrial structures to commercial and industrial
condominiums.
D.Restrictions. The C-PD zoning district is the only zoning district in which the construction of new
condominiums, or the conversion of existing residential, commercial, or industrial structures to
condominiums, is allowed. The following uses are prohibited:
1.Any use inconsistent with state or federal law.
2.Payday lender.
3.Massage Establishments.
E.Reference to the P-D zoning district. A project in the C-PD zoning district is subject to the planned
development permit procedures identified in this chapter for the P-D (Planned Development) zoning
district, Section 21, 12.030(G)(2) (Planned development permit required).
F.Standards for conversion. Any conversion proposed in compliance with this chapter shall:
1.Conform to all applicable city codes for the construction of a new condominium unit.
Documentation and inspection, satisfactory to the building official, community development
director, fire chief, and public works director, shall be provided by the applicant/developer,
which shall detail the current condition of the subject property;
2.Include detailed information pertaining to the condition of the appliances, ceilings, electrical,
fire protection devices, foundations, landscaping, mechanical equipment, parking facilities,
plumbing, recreational facilities, utilities, walls, and windows;
3.Include a utility plan indicating how utility metering will be accomplished and a sound
transmission plan indicating how the structure(s) will be brought up to applicable sound
transmission standards.
G.Notification of conversion. The applicant/owner of a proposed conversion project shall:
1.Provide the community development director with a current list of the names and addresses
of each person residing in an existing structure proposed for conversion so that they shall be
properly notified of the pending conversion.
2.Comply with all appl icable state requirements as they pertain to the notification of tenants of a
proposed conversion.
H.Open space required for condominiums. For each residential condominium, community apartment,
or stock cooperative unit, an area of not less than five hundred square feet shall be provided for
open space/recreation purposes. Such area shall be in addition to the required open space
between buildings and any street property line. It shall be specifically designed for open
space/recreational use, whether active or passive, and shall not be occupied by driveways, parking
spaces, or walkways between buildings. Of the five hundred square feet of open space/recreation
area, at ieast three hundred square feet shall be provided for common use of each dwelling unit,
fifty percent of which shall be located in one area of the site. This requirement shall apply to new
condominiums as well as to the conversion of existing multiple-family rental units.
(Ord. 2108 § 1 (part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004 ).
https://library.municode .com/ca/campbelVcodes/code_of _ordinances?nodeld= TIT21 ZO _ ART2ZOD1_ CH21.12SPPUD1_21.12.020COPLDEZODI 1 /2
3/23/2018 21.12.020 -C-PD (Condominium Planned Development) zoning district. I Code of Ordinances I Campbell, CA I Municode Library
(Ord. No. 2196, § 8, 2-2-2016; Ord. No. 2199, § 10, 4-5-2016)
https://library.municode.co m/ca/camp bell/codes/code_of_ordinances?nodeld=TIT21ZO _ART2ZODI_CH21.12SPPUDl_21.12.020COPLDEZODI 2/2