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13 Attachment 4 - May 27, 2020 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Melanie Hanssen, Chair Kathryn Janoff, Vice Chair Mary Badame Jeffrey Barnett Kendra Burch Matthew Hudes Reza Tavana Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 4 LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HANSSEN: We will move on to our last item, which is also a public hearing and our last item within the public hearing portion of the agenda. This is Item 3 and we are to consider Town Code Amendment A-20-003. We are requested to forward a recommendation to Town Council for approval of amendments to Chapter 29, which is our Zoning Regulations, of the Town Code regarding vehicle sales. The Applicant is the Town of Los Gatos and the project planner is Sean Mullin. Mr. Mullin, will you be giving the Staff Report this evening? SEAN MULLIN: Thank you, once again. The Town Code amendment being considered tonight would allow standalone used vehicle sales in the C-2, LM, and CH zones with an approved Conditional Use Permit. Under our current regulations used vehicle sales are only allowed when incidental to new vehicle sales. The Town Council Policy Committee discussed the matter in January, recognizing that vehicle sales would still require a Conditional Use Permit and that the Planning Commission would consider whether vehicle sales at a specific site were appropriate. LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Staff is recommending the Planning Commission forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code as provided in the draft ordinance with your report. This concludes Staff's presentation. We're happy to answer any questions. CHAIR HANSSEN: Thank you, Mr. Mullin. I will ask the Commissioners individually if they have any questions of Staff. Commissioner Badame. COMMISSIONER BADAME: No. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: No. CHAIR HANSSEN: Commissioner Burch. COMMISSIONER BURCH: (Shakes head no.) CHAIR HANSSEN: No. Commissioner Hudes. COMMISSIONER HUDES: Yes, I do have questions. CHAIR HANSSEN: Go ahead. COMMISSIONER HUDES: So, trying to understand why this is being done and why we're changing Town Code. Is this for a single application or is it the policy that should be changed? There were no notes, I take it, from the Policy Committee? SEAN MULLIN: What began this was a business coming in to the Town and requesting to locate in the LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 downtown area in the C-2 zone selling used cars. What's before you tonight is not that business, it's the use, and that's what was forwarded after some discussion with other members of the Town Staff. That's what was forwarded to the Policy Committee. The Policy Committee found the idea amenable with that stipulation and the understanding that the Planning Commission can still look at vehicle sales at specific sites and determine whether they're appropriate and issue the CUP or not. COMMISSIONER HUDES: I was just curious why we're doing this by Town Code amendment. Sounds like there's one application? So, let me go back a little bit. Why was the distinction made? Was there community input at some time that said that we only want connected used car sales in that area? SEAN MULLIN: After reviewing the discussion of the Town Council Policy Committee the Economic Vitality Manager did mention some things about maybe a stigma in the past with used vehicle sales being unsightly, as I remember—it's been a few months since I listened to that meeting, so I'm taking this as I remember—and I think that's why there was the distinction that used vehicle sales would be allowed in conjunction or incidental to new to avoid the unsightly possibility of used car sales. But LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the way that this was moved forward and was considered is that there are very limited areas for used car sales in the C-2 zone especially and the Planning Commission would still have purview over whether they're appropriate for individual sites. JOEL PAULSON: And to Commissioner Hudes, I just add we didn't go back and do the research as far as what year that was put in; was it the seventies or the eighties? Since I've been here, which is early 2000, it's always been connected, but as Mr. Mullin mentioned this probably was put in place back in the seventies when used auto sales were a little different animal and still continue to be in other jurisdictions, but the opportunity for the Planning Commission to review a Conditional Use Permit will provide opportunities and safeguards to place conditions on specific auto dealers, should they come forward. COMMISSIONER HUDES: What would be the process if this didn't change? Could someone apply to do standalone used car sales in C-2, and what would the process be for them to do that? JOEL PAULSON: They would not be able to do that. You wouldn't even be able to apply for a variance technically. I guess the only other opportunity, which would be a long shot, especially given that we just LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 modified our planned developments requirements a couple years ago, but that would be the only other option, which would be a PD Ordinance for that specific site, but I don't think that they would meet any of the requirements to apply for a PD given our current regulations. COMMISSIONER HUDES: Okay, that's what I was getting at: Why couldn't we just do a variance if there was just one issue that we're thinking about here? But it sounds like that's not an option, so this Town Code amendment is necessary even if we only have one application. JOEL PAULSON: That's correct. COMMISSIONER HUDES: Thank you. CHAIR HANSSEN: Commissioner Barnett, do you have any questions for Staff? COMMISSIONER BARNETT: I really don't have any questions. I was a little uncomfortable with it when I first read it but understanding that the Planning Commission will have the authority to draft appropriate conditions, I think I'm comfortable with it. CHAIR HANSSEN: Okay, thank you. Vice Chair Janoff. VICE CHAIR JANOFF: The only comment I would make is I think this actually gives us more flexibility to bring LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in business but also take a close look and make specific approval, so I like that it broadens the Town's abilities but also gives us added checks and balances. CHAIR HANSSEN: Thank you. I just had one question, and I pretty much know the answer to it and that's probably why there's a Conditional Use Permit, but I did note that there is a distinction between the indoors and the outdoors, because I think the outdoors one would lend itself more to being more unsightly, and so I'm thinking that because our code and our uses table is silent on indoor versus outdoor the way that we would control this is through the Conditional Use Permit process, is that correct? SEAN MULLIN: Yes, you would be looking at the specific site and determining whether it's appropriate or not, and if that site had an outdoor component that the Planning Commission found detrimental to the area, then that could be something that would be considered. CHAIR HANSSEN: All right, and that was one of the reasons for putting this Conditional Use Permit process in, to make sure that we have adequate controls over the process, right? LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: Yes, and it mimics what the process is now for new vehicle sales, so we're just now allowing standalone used with the same process. CHAIR HANSSEN: Same process. Okay, thank you very much. Okay, so then we would now invite comments from the members of the public. Mr. Paulson, do we have any members of the public that wish to speak on this item? JOEL PAULSON: We do not have any members of the public wishing to speak. CHAIR HANSSEN: All right, then I will now… I'm a little unclear. I don't think we have the Town come back and speak again for three more minutes, so I'm going to move on and close the public portion of the hearing and ask if Commissioners have any questions of Staff, wish to comment further on this item, or introduce a motion for consideration? So, I will start with Commissioner Badame. COMMISSIONER BADAME: I don't have any questions but I would be supporting a motion. I'd be happy to make one awaiting discussion from the other Commissioners. CHAIR HANSSEN: We're going to ask every Commissioner to make comments or ask any questions, so go ahead and make the motion if you're ready. COMMISSIONER BADAME: All right. I move to forward a recommendation to the Town Council for approval LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of amendments to Chapter 29 of the Town Code regarding vehicle sales, in particular that would be Town Code Amendment Application A-20-003. I can make the required findings for CEQA and I can make the required findings for the General Plan. CHAIR HANSSEN: All right, thank you. And I saw Commissioner Hudes' hand up. COMMISSIONER HUDES: Second the motion. CHAIR HANSSEN: All right, thank you. Now I'm going to ask the other Commissioners if they have any questions. Commissioner Tavana, do you have any questions or comments before we take a vote? COMMISSIONER TAVANA: No further questions or comments. CHAIR HANSSEN: Okay, Commissioner Burch, did you have any questions or comments before we take a vote? COMMISSIONER BURCH: (Shakes head no.) CHAIR HANSSEN: Okay. Let's see, Commissioner Hudes, you seconded the motion but do you have any other comments? COMMISSIONER HUDES: No, thank you. CHAIR HANSSEN: Okay, and then let's see, Commissioner Barnett, did you have any other questions or comments? LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BARNETT: No comments. CHAIR HANSSEN: Okay, Commissioner Janoff? VICE CHAIR JANOFF: No further comments. CHAIR HANSSEN: I mean Vice Chair, sorry. I will be supporting the motion. I feel that we have huge economic vitality issues and I feel like this amendment to the Zoning Code has enough controls in it to make sure that it doesn't turn out to be the wrong result, but we need to encourage any businesses we can. All right, so that being the case, I will do the roll call vote and please vote yes, no, or abstain, and I will start with Commissioner Badame. COMMISSIONER BADAME: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Burch. COMMISSIONER BURCH: (Nods head yes.) CHAIR HANSSEN: Okay. Commissioner Hudes. COMMISSIONER HUDES: Yes. CHAIR HANSSEN: All right, Commissioner Barnett. COMMISSIONER BARNETT: Yes. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Yes. LOS GATOS PLANNING COMMISSION 5/27/2020 Item #3, Town Code Amendment A-20-003 – Vehicle Sales 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: And I vote yes as well, so the motion passes unanimously, and Mr. Paulson, are there any appeal rights for this item? JOEL PAULSON: There are not appeal rights as this is a recommendation to Council, so this will move forward to the Council and they will consider it probably sometime in June. CHAIR HANSSEN: Okay, thank you very much.