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06 Attachment 5 - August 26, 2020 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 5 LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 now move on to the Public Hearings portion of the agenda and we will consider Agenda Item 2, which is forwarding a recommendation to the Town Council for approval of the amendments to Chapter 29, which are zoning regulations of the Town Council, regarding outdoor lighting, and there are also modifications to the Residential Design Guidelines for Outdoor Lighting as well. The location is Town-wide, the Town Code Amendment Application is A-20-005, and the Applicant is Town of Los Gatos. I understand that Ms. Armer will be giving the Staff Report this evening. JENNIFER ARMER: Yes, good evening. Jennifer Armer, Senior Planner. The item before you this evening is a combination of changes to the code and to the Residential Design Guidelines in regard to outdoor lighting; these are based on recommendations from the Town Council Policy Committee. They met several times near the end of last year and then another two times this year to consider what types of changes might bring the code more in alignment with the LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 Residential Design Guidelines so that there is consistency as well as more appropriate wording to allow things like shoestring lighting, previously prohibited, which they felt was no longer applicable in town. The Staff Report includes descriptions of changes to the Zoning Code and changes to the Residential Design Guidelines that are recommended based on the recommendation from Town Council Policy Committee. Staff recommends that the Planning Commission review the information provided in the Staff Report and forward a recommendation to Town Council for approval. CHAIR HANSSEN: Thank you very much, Ms. Armer. Do any of the Commissioners have questions for Ms. Armer or Staff? I don't see any. I did have one question for Staff and that is there wasn't any mention of any changes to the commercial lighting, so was this driven by a specific need to address residential lighting guidelines? JENNIFER ARMER: My memory of the discussion was that by modifying this code that controls outdoor lighting— the section of the code that's being modified because that has now specifically targeted residential—it no longer applies to commercial buildings and so it leaves them the LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 ability to do things like the shoestring lighting that was previously prohibited. CHAIR HANSSEN: So, basically it was driven by the specific issues that were at hand and to fix those. Okay. If no other Commissioners have any questions we would now invite comments from the members of the public, and if you are called to speak you may choose to state your name and your address and you may choose to speak anonymously, and you will have three minutes to make your comments. We did have one public comment that was included in our Staff Report but is there anyone that wanted to speak from the public on this item tonight? JOEL PAULSON: Thank you, Chair. If anyone would like to speak on this item please use the Raised Hand feature on Zoom. Chair, I am not seeing any raised hands. CHAIR HANSSEN: All right, so then we will close the public portion of the hearing and ask if any Commissioners have questions of Staff, wish to comment on the application, or introduce a motion for consideration by the Commission? Commissioner Hudes and Commissioner Burch. Commissioner Hudes first. COMMISSIONER HUDES: Just a quick question conveying the question that was put forward in the correspondence by Lee Fagot. There is a suggestion that LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 perhaps we measure the light rather than try to regulate the type of light, so for instance I don't know if high- intensity light is a well-defined term but he had actually suggested doing what we do with sound nuisance or noise nuisance, which is to measure the noise. Is that even a possibility here or is that something that's been thought of? JENNIFER ARMER: At this point the wording that was recommended states that, "should not be producing glare or seen by nearby homes," and that is based on the text that we have had in the Residential Design Guidelines in the code in the past, and so rather than targeting a particular number it would be more about the effect of the light and whether it goes onto a neighboring property. COMMISSIONER HUDES: Okay, thank you. CHAIR HANSSEN: Let's see, I think Commissioner Burch had a question or a comment. COMMISSIONER BURCH: So, obviously the California Building Code items I'm sure are always taken into account before these so we don't typically put things like required foot candles, but there was one item that I wondered if we had ever thought about putting this in, which is the part of the code that talks about at commercial properties the lighting being reduced 50-percent at close of business or LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 10:00p.m. I know that we've had other residents come before us, particularly if we're looking at an upgrade with a space that has like a large parking lot and lighting, that have talked about the fact that the lights are very bright even with the shields, as usually those are pretty bright LED lights. Is that something that we could consider putting in? JENNIFER ARMER: It's not a topic that was discussed by Policy Committee but I'd let Community Development Director Paulson add if he has anything to add to that. JOEL PAULSON: Commissioner Burch, so as Ms. Armer said that's not something that we looked at. My initial thoughts are that is something we could look at moving forward. Obviously that would take some outreach to the business community, and I would envision that some of them may have some concerns related to security depending on the type of circumstance, the type of business, but if that's something that you would like Staff to look at then that could be part of the recommendation from Planning Commission to Council, and then that would require further work. COMMISSIONER BURCH: May I follow up, Madam Chair? LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 CHAIR HANSSEN: Yes. COMMISSIONER BURCH: Well, I think my question was more of since it's already actually in the Building Code is it something that if somebody was having a particular problem with a particular spot that that would be enough maybe to contact the Town and Code Compliance? It wasn't that we had to add in a bunch of added items, it was that is just something I remember hearing a few times and just wondering if there's a way to address it without creating more work for you guys? JOEL PAULSON: I would say that generally it would be a code compliance issue that we would get and so we would look to address that. For the newer buildings I'm not sure when that requirement went into Building Code; obviously they change it every three years. So, ultimately we probably have a lot of existing facilities that are far older than that that may not have to comply or may not have the infrastructure to comply with that, but we would look at that on a case-by-case basis through our Code Compliance Program. COMMISSIONER BURCH: Thank you. CHAIR HANSSEN: Let's see, Commissioner Barnett. COMMISSIONER BARNETT: Yes, if I'm reading this right, new language proposed by the Policy Committee would LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 make decorative lighting preferred over security lighting fixtures and I'm wondering where that came from, seeing that security is generally primary? JENNIFER ARMER: Similar language to that has actually been in the regulations or at least the guidelines, the idea being that if there is going to be lighting on residences it could be something that is for the purpose of security but that it should be decorative in nature as part of the Residential Design Guidelines of having good design, that it's more about the utility can be done in a way that is aesthetically pleasing and consistent with those guidelines. CHAIR HANSSEN: Does that answer your question? Commissioner Barnett has another question. COMMISSIONER BARNETT: If I may have a follow up question, the definition of decorative lighting seems to me to be necessary. I don't know if that relates to lighting such as for planting areas, landscaping, string lights, which you mentioned, other types of lighting that's basically decorative. In short, I wonder whether it would be wise to include a definition of decorative lighting. CHAIR HANSSEN: Thank you for your comment, and do you have any other questions, Commissioner Barnett? COMMISSIONER BARNETT: No, I don't. LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 CHAIR HANSSEN: Are there any other Commissioners that have a question or a comment at this point? I did want to ask the rest of the Commission, Commissioner Hudes did bring up the comment by the member of the public about considering—and this wouldn't be a today thing but something to recommend to Council to continue to look at — using lumens as a measure of how intense the lighting was. I didn't know if any other Commissioners had any comments about that, because we certainly have the opportunity in addition to voting on this item in terms of a recommendation to make additional recommendations. Let's see, Commissioner Badame. COMMISSIONER BADAME: Should we forward a recommendation of approval to Town Council I would like to have Commissioner Hudes' comments considered as well as Commissioner Barnett's, because I find the word decorative to be very subjective. What might be decorative to one person is an eyesore to another. CHAIR HANSSEN: I think that's a very good comment. Any other thoughts on that? Okay, so if there are no other comments could I get a motion on this item? Commissioner Badame. COMMISSIONER BADAME: I move to forward a recommendation of approval of Town Code Amendment LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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 Application A-20-005 in consideration of the comments made by Commissioner Hudes and Commissioner Barnett. I can make the findings for CEQA and I can also make the required findings for the General Plan. CHAIR HANSSEN: All right, thank you, and do I have a second? COMMISSIONER BARNETT: I'll second. CHAIR HANSSEN: So, Commissioner Barnett seconds. Are there any other questions or comments from Commissioners before I call the question? Okay, once again we will do a roll call vote, and we'll start with Commissioner Burch. COMMISSIONER BURCH: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Badame. COMMISSIONER BADAME: Yes. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Yes. CHAIR HANSSEN: Commissioner Barnett. COMMISSIONER BARNETT: Yes. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Yes. LOS GATOS PLANNING COMMISSION 8/26/2020 Item #2, Town Code Amendment - Outdoor Lighting 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. Mr. Paulson, are there appeal rights regarding this item? JOEL PAULSON: Thank you, Chair. No, there are not appeal rights as this is a recommendation to the Town Council, so we will forward that recommendation and the Town Council will consider it. CHAIR HANSSEN: Okay. Thank you very much. This Page Intentionally Left Blank