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.