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Item 01 - Draft Mins 07.12.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING JULY12, 2016 The Planning Commission of the Town of Los Gatos conducted a Special Meeting on Wednesday, July 12, 2016, at 7:00 pm. MEETING CALLED TO ORDER Chair Badame called the meeting to order at 7:00 pm. ROLL CALL Present: Chair Mary Badame, Vice Chair D. Michael Kane, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Tom O’Donnell Absent: Commissioner Kendra Burch due to recusal from Item 2 PLEDGE OF ALLEGIANCE Commissioner O’Donnell led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Item 2. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS None. VERBAL COMMUNICATIONS (AUDIENCE) Angelia Doerner - Commented that Los Gatos is like the town of Willoughby from a Twilight Zone episode where a harried executive finds peace and serenity because of its idyllic places, its 4th of July celebration with people of all ages, and its fabulous parks throughout the town to find sunlight and tranquility. CONSENT CALENDAR 1. Approval of Minutes – None PUBLIC HEARINGS 2. North 40 Phase 1 Architecture and Site Application S-13-090 Vesting Tentative Map M-13-014 APNs 424-07-024 through 027, 031 through 037, 070, 083 through 086, 090 and 100 Property Owners: Yuki Farms/ETPH, Grosvenor USA Limited, SummerHill N40 LLC, Elizabeth K. Dodson, and William Hirshman Applicant: Grosvenor USA Limited Project Planners: Sally Zarnowitz and Joel Paulson Requesting approval for the construction of a new multi-use, multi-story development consisting of 320 residential units, which include 50 affordable senior units; approximately 66,800 square feet of commercial floor area, which includes a Market Hall; on-site and off-site improvements; and a Vesting Tentative Map Chair Badame opened the public hearing. Page 2 of 7 Planning Commission Minutes July 12, 2016 Joel Paulson, Community Development Director, presented the staff report. Commission members asked questions of staff. Don Capobres - Commented that for over eight years the North 40 public processes have been transparent and open to all. Their application is a model for an agrarian neighborhood, a concept that permeates the design with features such as community gardens, orchards, vineyards, and Market Hall. Wendie Baker - Commented that SummerHill has committed $10.5 million toward traffic improvements, which will result in a 26 percent reduced delay at Lark and Los Gatos Boulevard. They have worked with the Los Gatos Union School District to find property for school facilities. Commission members asked questions of Ms. Baker and Mr. Capobres. Diane Dreher - Commented that she did not support the project. She found the developer’s plan to be dishonest and disrespectful, because it violates the Town’s Specific Plan by proposing high-intensity residential development instead of the required low-intensity development. Tom Picraux - Commented that he is Chair of the Los Gatos Community and Senior Services Commission. They are happy there are 49 units for Very Low income senior housing, but asked if provisions had been made for the services needed by those seniors. Peter Dominic - Commented that he supported development of the North 40, but if the units proposed by Grosvenor are truly very low income, then they must be eligible to persons and families based on income; however, these units will have an age restriction on them. Anne Robinson - Commented that she supports 270 housing units, 50 senior affordable housing units, and 66,000 square feet of commercial development, but she is opposed to locating the housing units in what the North 40 EIR delineates as a high health risk area along the 17 freeway. Barbara Dodson - Commented that she does not support the project, and asked for a more fitting proposal that spreads out residential, provides housing more suitable for millennials and seniors, and adds open space. The town would get as much credit toward 320 homes that are 1,000 square feet as homes double that size. Helen Cockrum - Commented that the project in no way resembles the Town of Los Gatos. It doesn’t have old, interesting buildings, and it doesn’t fit in. The development should be much smaller, with not so many units, and more traffic mitigation on Los Gatos Boulevard. JoAnn Disbrow - Commented that she had not been quite aware of what was happening until these meetings began; a problem a lot of residents have had. This project is so much more than what we want or need. This sleepy little town is going to be impossible to drive through. Emily Bartolemei - Commented that she didn’t like how the orchard is being cut down to build houses for people to live in Los Gatos, because more houses means more cars and traffic, and more traffic means longer response times for ambulances and other emergency services. Page 3 of 7 Planning Commission Minutes July 12, 2016 Lucille Weidman - Commented that when she looked at the drawings of the project she felt that it’s not Los Gatos, and presented a slideshow of what the residents of Los Gatos believe is the look and feel of Los Gatos. Tony Alarcon - Commented that they were promised 270 RHNA unit credits for this development, but it is his understanding that they’re only going to receive about 50 units. He doesn’t think they’ve been told the truth, and there is still time to modify the plan that’s been presented by Grosvenor to make it fit within the Specific Plan. Jak Van Nada - Commented that he supports the project. Traffic will be mitigated beyond the level required by law. The North 40 developer is required to pay $976,000 to help defray the costs of any additional children in the school district. Spreading the housing around the 44 acres would result in substantial costs, not to the developer, but to the citizens of Los Gatos and the school district. Susan Buxton - Commented that the project is not consistent with the stated purpose of the Specific Plan, the Vision Statement, the Guiding Principles, and the overarching goals, all of which were inspired by community input through Town Council and Planning Commission meetings, community workshops and study sessions, and should not be ignored. Sandy Decker - Commented that the massive development will be responsible for the destruction of one of the last large-scale agricultural tracts of land in the area and will leave Los Gatos with some token spaces. The town is going to lose its viewscapes. Nothing about the project reflects Los Gatos’ small town character. The development is diametrically opposed to the Vision Statement and Specific Plan for the North 40. Susan Kankel - Commented that the application does not acknowledge the agricultural background of this area of Los Gatos. When the proposal was first made public they had been promised move-down housing for seniors to be clustered together. Perhaps these clusters of cottages could have been included in Phase 1, had the developer adhered to the Specific Plan to spread residential units across the entire 40 acres Rod Teague - Commented that this current proposal is unprecedented and has been crafted and sold to this community using clever tactics, such as state mandated low cost housing, the premise used to approve the application. In order to achieve this, the North 40 was rezoned at 20 units per acre, and the developer was given a by right privilege. Lainey Richardson - Commented that the Vision Statement states that the North 40 will look and feel like Los Gatos, but this project does not look like Los Gatos, it looks like the new Stanford Cancer Center. This project looks and feels like a massive high-density apartment complex, not the town she grew up in. She asked about the detached cottage clusters that the developer had promised, but were not included in this application. Cindy Scheider - Commented that what she finds most egregious about the application is how it came about, and the entitlement the developers feel. The Specific Plan, the Housing Element, and the current application have been developed in parallel so much so that many residents believe the current North 40 application has already been approved. Page 4 of 7 Planning Commission Minutes July 12, 2016 Rhodie Firth - Commented that eight years ago she and about 70 others attended a community meeting held by the developer where they were asked for their ideas, but when they returned to see the results of their feedback a month later, none of their ideas had been incorporated. Ed Rathmann - Commented that the vast majority of town residents do not want this development to happen. The Planning Commission has been presented, through email and speakers, with ample reason to deny this application. This proposal contradicts the spirit and the letter of the Specific Plan. Alex Rivlin - Commented that he wanted the Commission to think about what happens in another five years. This development will persist for many, many years, and what happens when 600 new cars will need to get on those freeways? Jeff Loughridge - Commented that town officials are not the bad guys here. It would be more appropriate to direct anger toward the State capital where the high-density affordable housing requirements started; and where SB50, which puts limitations on what towns and cities can do regarding developments and school impacts, started; and where transportation engineers wrote the traffic requirements. Lisa Martinskis - Commented that her father, a retired architect, would say that the current application is failing pretty miserably at upholding the town’s quaint look and feel. She echoed the opposition to this development, especially from a traffic and emergency vehicle standpoint Sam Weidman - Commented that he visited several developments in town that are at 20 units per acre, including Aventino Apartments, Bay Tree Apartments, and Riviera Terrace. He said high-density developments such as these can be done, but will be very big and very compressed. Markene Smith - Commented that she is opposed to the North 40 development for public health and safety reasons, saying the units proposed to be along Highway 17 would be at a high risk for health issues. She is also concerned about the privatization of streets. Jean Torre - Commented that she’s not universally opposed to development, or even to higher density development, but she is concerned by development without a clear plan for measures needed to address the demands that development will make on the infrastructure, especially on traffic. Kim O’Rourke - Commented that once they allow this huge development to take over that land, they can’t change it. She asks the developer to work with the Town and its people. She asked the Commission to slow the process down, and think about it. Chris Chapman - Commented that in the event the Town Council denies the application, based the applicant’s threat of litigation, the Town may not have the financial resources to mount a legal battle and will approve the development to avoid lengthy litigation. Joseph Gemignani - Commented that in 2011 the town did a survey, and the results were that people wanted traditional looking buildings, and they wanted a mix of buildings, although they preferred Mission style. Page 5 of 7 Planning Commission Minutes July 12, 2016 Colin Heyne - Commented that he represents the Silicon Valley Bicycle Coalition. The developer contacted them two years ago to ask how to make the development better for bicyclists. They have given feedback to the developer, which lead to improved designs. They are very happy with the experience of working with the developer. Jeffrey Aristide - Commented that there is going to be view blockage from these buildings, especially the tall ones. The development is definitely not in the character of the Town, and has a modernistic style. The density is much too high, and it’s just too large. Caryl Pozos - Commented that she represents small retail in Los Gatos. She is concerned about remaining healthy and vibrant businesses and competing against big commercial ventures. She is concerned that both North 40 and downtown Los Gatos will not survive and that their vibrant downtown will go the way of Saratoga. Commission members asked questions of Ms. Pozos. Michael Gordon - Commented that Van Meter School now has double the students it did a few years ago. The North 40 development will impact their schools more than they anticipate. The $10 million the developer is donating to the school district is a drop in the bucket. Tom Thimot - Commented that he is a co-founder of Town Not City, and it is clear the town wants this application denied. The application must adhere to Los Gatos town character, and 600 letters say that this is not town character. The application must embrace hillside views, but the hills cannot be seen above the story poles. The Specific Plan requires low-intensity housing in the Lark District; this application is not low-intensity. Angelia Doerner - Commented that Policy 01 has failed, because the views are not protected. Policy 02 has failed, because it does not identify an opportunity to incorporate sitting areas. Policy 3 has failed, because it does not provide an open space network. The “Grand Paseo” is actually a 12-foot wide tunnel going through a three-story building. Commission members asked questions of Ms. Doerner. Shawna Rodgers - Commented that Los Gatos has enough shops, and people have enough stuff. Los Gatos needs more trees, parks, and places to raise its children. She asked the Planning Commission to consider whom they trust the town to. Peter Curtis - Commented that he and about 35 others at the meeting have spoken in opposition to the project as it stands, while only two people have supported it. He fears the town will become cookie cutter. Ken Arendt - Commented that a lot of the people at the hearing came there with the underlying feeling that the site is going to be developed, but let’s do it the right way. He urged the Commission to recommend denial of the project and tell the developer to come back with something the citizens of the Town of Los Gatos can support. Page 6 of 7 Planning Commission Minutes July 12, 2016 Bruce McCombs - Commented that the way to make affordable housing happen is to make the houses smaller and place them on the northern end of the 40 acres. Downsizing seniors want plenty of open space for walking and recreation, and do not want to live on top of Market Hall. Seniors have been forgotten in this development, but they are an unmet need; there is an up to two year wait to get into senior housing facilities in Los Gatos. Roy Moses - Commented that he would like the Commission to deny the project and require the developer to return with a project that meets the requirements of the Specific Plan in both letter and spirit. He hopes to see the North 40 developed in a way that captures the essence of Los Gatos, not the addition of a small city. Shannon Susick - Commented that this application and proposed development is the largest the Town will ever see. Will it be a development that celebrates Los Gatos’ history, heritage, and views, or will it be blight at the gateway to the town that negatively impacts its citizens forever? Paul Matulich - Commented that he is the owner of Steamer’s restaurant in downtown Los Gatos. There is commercial space by Santa Cruz Avenue that is totally empty. To add more to this, what’s going to happen to the downtown area? He’d like to see affordable rentals, so people who grew up in Los Gatos can stay in the town. Don Capobres - Commented that a hallmark of his team has been working with the community. They do not want to go down the litigation route, but they have to assert their legal rights, because the policies are now in place and they believe they comply. HCD does not require units to be affordable, and whether all their units are market rate or all of them are affordable, it complies with the Housing Element, as long as they are 20 units per acre. Wendi Baker - Commented that they are nowhere near the maximums that they could propose. The Specific Plan requires 30% open space; they propose 39%. For open space that’s publicly accessible, the Specific Plan requires 20%; they propose 85%. The maximum number of units is 270; they propose 237. The new commercial can be up to 435,000 square feet; this application has 66,000 square feet. Commission members asked questions of Mr. Capobres, Ms. Baker, Andrea Osgood, and Paula Krugmeier, MOTION: Motion by Commissioner Kane that the hearing shall not go past 11:30 pm. Seconded by Commissioner O’Donnell. Commission members asked questions of staff. VOTE: Motion passed 6-0 Commission members asked questions of Mr. Capobres and Ms. Baker. Chair Badame closed the public input portion of the hearing. The hearing of the matterr is scheduled to continue on July 13, 2016. Page 7 of 7 Planning Commission Minutes July 12, 2016 NEW OTHER BUSINESS 3. Report from Community Development Director, Joel Paulson None. 4. Commission Matters • Commissioner Hudes stated that he would not be available on July 20th, should this matter be continued to that date at tomorrow’s hearing. ADJOURNMENT Meeting adjourned at 11:27 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, July 12, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director