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Draft Mins 11.14.12Planning Commission Minutes Page 1 November 14, 2012 DRAFT TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, NOVEMBER 14, 2012 Chair Marcia Jensen called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Marcia Jensen, Vice Chair Charles Erekson, Commissioner John Bourgeois, Commissioner Thomas O'Donnell, Commissioner Marico Sayoc, Commissioner Margaret Smith, and Commissioner Joanne Talesfore. Absent: None Others: Town Attorney Judith Propp, Acting Community Development Director Todd Capurso, Acting Assistant Community Development Director Sandy Baily, Strategic Projects Director Wendie Rooney, Town Engineer Kevin Rohani, Acting Principal Planner Joel Paulson, Senior Planner Suzanne Avila, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Commissioner Margaret Smith. APPROVAL OF MINUTES OF OCTOBER 24, 2012 Commissioner John Bourgeois noted that he was not present at the October 24 meeting but that he watched the meeting and will be voting on the minutes and on Item #2. Motion by Commissioner Joanne Talesfore and seconded by Commissioner Margaret Smith to approve meeting minutes of October 24, 2012. Motion carried 7-0. WRITTEN COMMUNICATIONS Chair Marcia Jensen noted that there was a desk item for Item #2 and Item #3. Planning Commission Minutes Page 2 November 14, 2012 REQUESTED CONTINUANCES - NONE SUBCOMMITTEE REPORTS Conceptual Development Advisory Committee -- Commissioner Joanne Talesfore reported that the committee met this afternoon and heard proposals for a 13-unit residential Planned Development at 15860, 15880 and 15894 Winchester Boulevard and for eight residential condominiums at 258 Union Avenue. VERBAL COMMUNICATIONS (AUDIENCE) - NONE CONSENT CALENDAR 1. *146 Belridge Drive - Architecture and Site Application S-12-065. Requesting approval to construct an addition greater than 100 sq. ft. to an existing second story and to exceed the maximum allowable FAR on property zoned R-1:10. APN 527-27-001. PROPERTY OWNER/APPLICANT: Joshua and Barbara Lamour. PROJECT PLANNER: Marni Moseley. Motion by Commissioner Marico Sayoc and seconded by Commissioner John Bourgeois to approve Consent Item #1. Motion carried 7-0. CONTINUED PUBLIC HEARINGS NEW PUBLIC HEARINGS 2. 41 N. Santa Cruz Avenue - Architecture and Site Application S-12-023. Conditional Use Permit Application U-12-016. Requesting approval of exterior modifications to an existing commercial building (Los Gatos Theater), and to modify an existing conditional use permit which includes allowing special events with the service of alcohol on property zoned C-2. APN 510-44-031. PROPERTY OWNER: Three Sisters LLC. APPLICANT: Gary Kohlsaat, Architect. PROJECT PLANNER: Suzanne Avila. Architecture and Site Application was continued from the 10/24/12 meeting. Chair Marcia Jensen opened the public hearing. Senior Planner Suzanne Avila noted that a letter came in from Lee Quintana after the deadline and was distributed to the Commissioners tonight. Gary Kohlsaat, Architect, gave a presentation on the proposed project. Commissioner Joanne Talesfore • Commented that she is happy that neon will continue to be used and asked if the lighting in the poster picture frames can be adjusted for color. Planning Commission Minutes Page 3 November 14, 2012 • Asked if all the poster boxes will be framed. • Asked who will monitor the dimmers for the theater's exterior lighting. • Asked how the public would be notified if a special event would close the entire theater. Gary Kohlsaat • Commented that the poster picture frames need to be readable from the sidewalk. • Commented that the current ticket booth will be filled in and poster boxes on the second two steps will be framed. • Commented that the applicants plan to monitor the dimming of the exterior lighting themselves. • Commented that if the entire theater will be in use, they will notify the public on the reader boards, newspapers and on-line theater listings. However, it is primarily a movie cinema house. Commissioner Thomas O'Donnell • Confirmed that Mr. Kohlsaat had seen Ms. Quintana's letter. Commissioner John Bourgeois • Asked about the proposed retail space. Senior Planner Suzanne Avila • Commented that the proposed space will be retail with matching storefronts. It is currently a ticket booth and part of the theater. The applicant is converting part of the existing floor space to retail which is a permitted use in the C-2 zone. Commissioner Marico Sayoc • Asked if the two movie screens will be used. • Asked if the upstairs would be blocked off for special events. • Asked for clarification about the special events that are not open to the public. Gary Kohlsaat • Commented that the screen and stage will be the primary screening room. There will also be a screening room upstairs with flat, two level mezzanine seating. The second movie theater upstairs will serve as the primary special events room because of the flexible seating. • Commented that the second floor will be blocked off if the special event is only for that room. • Commented that the special events may have a VIP list or the theater could pre-sell tickets. Uses could include wedding receptions, anniversary parties, lectures, speakers and corporate events where specific people are invited. Vice Chair Charles Erekson • Asked for clarification on the CUP (Conditional Use Permit) Conditions of Approval regarding schools. • Asked about the limit of four hours for events. • Asked about hours of operation in CUP. Planning Commission Minutes Page 4 November 14, 2012 Gary Kohlsaat • Commented that the CUP would include all schools. • Commented that a set hourly limit would be difficult. Six hours would be better than four. • Commented the hours of operation in the staff report are correct. Commissioner Margaret Smith • Thanked Mr. Kohlsaat for following the Commission's recommendations for exterior modifications. • Asked about the economic viability of the theater since they are reducing the current seating to 388 and if the special events are expected to carry the bigger load. • Asked about usage of the two movie screening rooms. • Asked if there is 3-D capacity. • Asked where the alcoholic beverages will be served. • Asked about live music allowance. Gary Kohlsaat • Commented that special events, concessions, and retail will be the bigger money makers. The owners are only looking to break even. • Commented that both screens will be used only when there is a need. • Commented that there is 3-D capacity in the main theater. • Commented that the upstairs is all one contiguous room but the alcoholic beverage service will be sealed off. • Commented that live music will be allowed for theatrical productions. Commissioner John Bourgeois • Asked if the special events will interrupt movie theater usage on the weekends. Gary Kohlsaat • Commented that the movie theater will be busiest on the weekends. The special events will be primarily on the days when movie business is slower. Commissioner Thomas O'Donnell • Asked if alcohol will be served during movie service upstairs. Gary Kohlsaat • Commented that alcohol may be served upstairs during special events and possibly movies. Alcohol will only be served during movie showings on a pre-sale ticket basis. Vice Chair Erekson • Asked if the CUP allows alcoholic beverage service during regular movie showings. Senior Planner Suzanne Avila • Commented that alcoholic beverages will not be served to the general public buying a ticket to see a movie. Planning Commission Minutes Page 5 November 14, 2012 Commissioner Margaret Smith • Asked for clarification on pre-sale events. • Asked if food will be served with alcoholic beverages. Gary Kohlsaat • Commented that the owner can host private events as well as renting the space out to the public. • Commented that he believed that the Conditions allowed for alcoholic beverages only when served with food. Senior Planner Suzanne Avila • Commented that the conditions have the flexibility to have alcohol with or without food, but it is typical to have alcoholic beverage service only with food. Commissioner Joanne Talesfore • Asked about specifics in the requested flexibility in the CUP. • Asked about the use of the balcony. Gary Kohlsaat • Commented that the flexibility is not pinning down special event types one through ten or the ability to only have special events on certain days or nights. • Commented that the balcony will only be used about ten percent of the time. It may be opened up in the evening to go outside to enjoy the ambience outside. There will not be a bar on the outside. Chair Marcia Jensen • Asked if a DJ would be allowed if a wedding were to be held on a Thursday night with alcohol and dancing. Gary Kohlsaat • Commented that a DJ would be allowed as long as it was not in violation of the noise ordinance. Lee Quintana • Commented that there is some confusion about the proposed number of seats. • Commented that there is a change in the floor site coverage. • Asked how many parking spaces are designated for this property. • Asked about the requirement for a traffic report due to the increase in traffic. • Commented that the project qualifies to have story poles. • Commented that this property is potentially eligible for historic status and asked if raising the height will impact the historic streetscape. Gary Kohlsaat • Commented that there is more square footage on the second floor than was initially counted. The second story has been raised by three feet, eight inches. Planning Commission Minutes Page 6 November 14, 2012 • Commented that the existing count of seats is well within the CUP. Commissioner Margaret Smith • Asked who will operate the theater. Gary Kohlsaat • Commented that the family will hire the best people to run the theater. Chair Marcia Jensen • Asked if total number of seats includes temporary seating. • Asked why the balcony square footage does not count. Gary Kohlsaat • Commented that the seats included in the count are fixed seats and occupancy of the second floor. • Commented that the balcony square footage is not counted because it is open; not covered. Commissioner Thomas O'Donnell • Asked if the project is recommended for approval, if there is anything in the Conditions where he would not be flexible. Gary Kohlsaat • Commented that they have worked with staff to be as specific as possible. They do not want conditions that are too specific with limitations on consecutive nights for special events. Commissioner Margaret Smith • Asked if the theater experience is different on the two floors. • Asked if a private party could occur at the same time that a children’s' movie is being shown downstairs. Gary Kohlsaat • Commented that upstairs is a different movie experience, but it is possible that a movie would be shown on both screens. • Commented that a movie and special event could occur at the same time but there would be security. Commissioner Joanne Talesfore • Asked how far in advance can special events be booked. • Asked if the staircase has been approved by the Fire Department. Gary Kohlsaat • Commented that it has not yet been decided on how far in advance special events will be booked. • Commented that there is an emergency exit on the second floor that has been approved by the Fire Department along with the elevator. Planning Commission Minutes Page 7 November 14, 2012 Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Senior Planner Suzanne Avila • Commented that the traffic numbers that Ms. Quintana cited were from an older correspondence from Engineering. The numbers have been updated and there are no traffic impacts. • Commented that there is a condition requiring 14 days advance notification to the Police Department (PD) prior to a special event. • Commented that the plans were reviewed by the Fire Department and Building Department. Vice Chair Charles Erekson • Asked if staff would change its recommendation based on any questions regarding CEQA requirements. Senior Planner Suzanne Avila • Commented that staff would not change its recommendation. She noted that staff incorrectly cited Section 15303 rather than Section 15301 of CEQA (California Environmental Quality Act). Commissioner Joanne Talesfore • Asked if the electronic signs are in violation of the Commercial Design Guidelines. Senior Planner Suzanne Avila • Commented that there is some discretion with the Commercial Design Guidelines since it is a guideline rather than a code. Commissioner Marico Sayoc • Asked if the CUP can be modified during the one-year review if there are problems during the year. • Asked if the Condition regarding monitoring of events refers to special events. • Asked about safety and security matters. Senior Planner Suzanne Avila • Commented that the one-year review is typically a report back to confirm that the applicant is operating within their conditions. If there is a violation of conditions, a revocation hearing could be scheduled at any time. • Confirmed that the monitoring refers to special events. • Commented that the Operational Agreement will involve the PD and will be specific to this operator and could be modified in the future for a new owner. The Police Chief has a lot of discretion but she does not know if the PD would shut down an event that was causing problems. It is most likely that a review would take place following the event. Commissioner Thomas O'Donnell • Asked about the Town's position on live music. Planning Commission Minutes Page 8 November 14, 2012 Senior Planner Suzanne Avila • Commented that a small orchestra for a musical would be permitted, but a live band would not be permitted. A DJ is not considered live entertainment at this time. Commissioner Thomas O'Donnell • Asked if staff has considered broadening the discretion of the PD during special events for public safety, including traffic. Senior Planner Suzanne Avila • Commented that traffic could be included under special events. Chair Marcia Jensen • Asked about how the Operational Agreement is different than having the Town enforce the imposed conditions. Senior Planner Suzanne Avila • Commented that the PD likes to have an Operational Agreement to review with the applicant. Town Attorney Judith Propp • Commented that the Operational Agreement can include additional conditions over and above land use matters in the CUP conditions since the CUP runs with the land. Chair Marcia Jensen • Commented that the one-year review should be a public hearing rather than a staff review. Commissioner Margaret Smith • Commented that alcoholic beverages should be served only with food. • Asked if the balcony could be used separately for a special event. Senior Planner Suzanne Avila • Commented that a special event on the second floor would include the balcony but that the balcony will not be rented out separately. • Confirmed that a full liquor license is being requested. • Confirmed that there will be a special events calendar that can be monitored. Motion by Commissioner Thomas O'Donnell and seconded by Commissioner Joanne Talesfore to recommend approval to the Town Council of Architecture and Site Application S- 12-023 and Conditional Use Permit Application U-12-016 subject to the conditions as noted in Exhibits 12 and 13 of the staff report dated November 14, 2012, and development plans (Exhibits 7 and 17), with the following added conditions: Exhibit 12 be modified to strike the word "public" in Conditions #3 and #4; Condition #8 be clarified in the last sentence to read "Special events may be held in the screening room and balcony and/or the main theater"; Condition #9 be modified to state that alcoholic beverages must be served with food; Condition #12 modified to state, "The Planning Commission will direct a public hearing to be held to review the permit as specified in Section 29.20.310 of the Town Code"; and Condition #15 Planning Commission Minutes Page 9 November 14, 2012 modified in the first sentence to read, "The operator shall provide notice to the Police Department at least 14 days in advance of a special event to ensure that adequate security measures and other related matters of public safety are provided and implemented during the event including without limitation traffic." The required findings were made as noted in Exhibit 2 of the staff report dated October 24, 2012, and Exhibit 10 of the staff report dated November 14, 2012. Commissioner Joanne Talesfore • Seconded the motion but wants to suggest that an exception to the electronic signage be made to the extent that an exception is necessary, and to add a condition that disallows the setup of a bar on the outside balcony. Commissioner Thomas O'Donnell • Accepted Commissioner Talesfore's additions to the motion. Vice Chair Charles Erekson • Requested additional language revisions to the CUP Conditions of Approval. Conditions #3 and #4 where it was proposed striking the word "public" and adding "elementary and secondary schools." Condition #3, strike the word "catered" and the word "or" in the first sentence. Condition #4, change the word "four" to "six" and change the word "six" to "eight." Condition #4, fourth sentence to be revised to state, "... no other form of live or musical entertainment is permitted which, for example, would preclude a DJ." Commissioner John Bourgeois • Wanted to add to Condition #9 that alcoholic beverages may be served with food "only" during special events in the second floor screening room, and Condition #13 be revised to read, "A monthly schedule of special events shall be provided to Town staff upon request of the Town." Commissioners O'Donnell and Talesfore accepted Vice Chair Erekson's and Commissioner Bourgeois's additions to the motion. Vice Chair Charles Erekson • Commented that he wanted to compliment the owners and Mr. Kohlsaat on their commitment for preserving the theater as a historically significant community resource in the heart of downtown Los Gatos. Commissioner Joanne Talesfore • Thanked the applicant and commended the Commissioners for doing a good job. Motion carried 7-0. Senior Planner Suzanne Avila • Commented that the item will be heard by Town Council on December 3. Chair Marcia Jensen called for a recess at 9:09 p.m. and reconvened the meeting at 9:20 p.m. Planning Commission Minutes Page 10 November 14, 2012 3. Affordable Housing Overlay Zone - Town Code Amendment Application A-12-003, General Plan Amendment Application GP-12-004. Public hearing to consider amending the Town Code to incorporate the Affordable Housing Overlay into Division 5, to Article VIII Overlay Zones and Historic Preservation; Change the General Plan designation of the property located on the northwest corner of Knowles Drive and Capri Drive (APN 406-28- 032) from Public to Office; Adoption of AHOZ Design Guidelines and application of an Affordable Housing Overlay to five properties generally located at: 1. Northwest corner of Knowles Drive and Capri Drive. APN 406-28-032. 2. Knowles Drive, east of Winchester Boulevard. APN 424-32-077. 3. West side of Oka Road, north of the Jewish Community Center. APN 424-08- 074. 4. East side of Oka Road, south of the Los Gatos Swim and Racquet Club. APN 424-08-057. 5. East side of Oka Road, east of the Los Gatos Gardens Apartments. APN 424-08- 021. Chair Marcia Jensen opened the public hearing. Strategic Projects Director Wendie Rooney gave a presentation on the proposed amendments to the Town Code and General Plan. Iddo Hadar • Commented that he lives on Knowles Drive and that the proposed plan is shameful because it segregates the low income housing in the northernmost part of the Town when the AHOZ (Affordable Housing Overlay Zone) gave the opportunity to spread the development throughout the Town. • Commented that one developer joined the General Plan Committee (GPC) and received flexibility and the widest range of concessions, waivers and benefits. • Commented that there are major issues with the EIR (Environmental Impact Report). • Commented that there is a huge impact on the community by adding hundreds of cars to the most congested intersections in town. • Commented that this development is being pushed to the area with the lowest income, most dense population and most racially diverse part of town. This is unfair to the neighborhood, the entire community, to Campbell and Monte Sereno, and to the people that the Town is trying to serve through affordable housing. Commissioner Margaret Smith • Asked Mr. Hadar if he has attended any of the meetings, including GPC meetings. Iddo Hadar • Commented he attended the October meeting and read all of the minutes, but has not attended GPC meetings. Planning Commission Minutes Page 11 November 14, 2012 Commissioner Marico Sayoc • Asked Mr. Hadar how he was made aware of the Plan. Iddo Hadar • Commented that he was made aware through the Los Gatos Weekly. Some of the neighbors went door to door to notify the neighborhood. Ed Allison • Commented that he lives on Dardanelli Lane and that he found out about the Plan from his neighbors. The map shows that the Town is not sharing this together. • Commented that he is not against the AHOZ and believes the benefits should be done, but it should not be focused on one particular segment that looks like this. Carolyn Simms • Commented that she has lived on Pollard Road for 28 years in the neighborhood that is northwest Los Gatos. • Commented that there is already senior housing and the Open Doors project on Parr Avenue. • Commented there are traffic issues and that there are already nine stop lights in the area. • Commented that the proposed development is not a fit for the neighborhood and it will lower property values in the area. • Commented that she heard about the meeting from her neighbors. Shawn Wood • Commented that he lives on Pollard Road and noted that he submitted a four page document for the record. • Commented that there needs to be an even disbursement throughout the Town. The upper ten percent of town already has roughly 400 percent more affordable housing than all of Los Gatos. He got his numbers by using number of units. • Commented that he does not object to the Plan, he objects to the Town's implementation of the Plan. Joanne Piva • Commented that she lives on Pollard Road and has lived in Los Gatos for 50+ years. • Asked why there are two sets of design guidelines. • Commented that Mr. Tersini held a meeting for the neighbors for his property on Knowles Drive. This 50-unit three-story structure will add a 100 percent increase in density. • Asked if Mr. Tersini's proposal has been approved. • Commented that the Dittos Lane property was removed from the AHOZ because of neighborhood concerns and asked that the same consideration be given to this neighborhood. Chun Lei • Commented that she owns her home on Vasona Avenue and that she became aware of the meeting from her neighbors. She feels like she lives in the poor side of Los Gatos and feels like a second class citizen. • Commented that she is not against low income housing but believes that it should be shared. Planning Commission Minutes Page 12 November 14, 2012 Seyoum Asrat • Commented that he lives in an affordable unit on West Parr Avenue. He would have appreciated it if the staff would have come to their community center to speak to the residents to help them understand the Plan. • Commented that he first believed that the area was going to be gentrified, but he now feels their neighborhood is a forgotten place. He wonders if this area was picked because this is where the voiceless people live. • Commented that light and sound pollution has not been taken into consideration. Pat Stafford • Commented that he lives on W. Mozart Avenue and that he got a card in the mail. He is concerned that his neighborhood does not know about this Plan. The information is not being spread throughout the Town. • Commented that it is not fair for the residents of Oka Road to have to absorb this. Parking is going to be a problem and crime issues are a concern. • Asks that this process be slowed down and that the impact to the residents in the affected areas be considered. Beverley Bryant • Commented that she lives on Placer Oaks Road and that she works for KT Properties. • Commented that she believes in affordable housing. • Commented that she and Mr. Tersini met with Jim Crawford of Campbell Union School District who indicated that the developer fees from the Knowles Drive property will cover the cost of additional space to house the students from the project. Commissioner Marico Sayoc • Asked how the neighbors were notified about the neighborhood meeting sponsored by Mr. Tersini. Beverley Bryant • Commented that they used names from the list of owners and occupants given to her by the Town, along with a list from a title company. White pages.com was also used. Notices were sent to everyone. She also walked the neighborhoods and handed out invitations for the meeting. Sharon Brodsky • Commented that she lives on Mozart Avenue and that her concern is that the Los Gatos School District will not be able to accommodate the additional students. • Commented that she is concerned about the loss of potential school sites in Los Gatos. • Commented that she is concerned about crime and traffic in the neighborhood. • Commented that the bus stop has been removed from Lark Avenue and she would like to see it returned. Planning Commission Minutes Page 13 November 14, 2012 Mark Tersini • Commented that the purpose of his outreach was to introduce himself and the design team to the neighborhood and to hear what the concerns are. He talked about process rather than specifics. Commissioner Margaret Smith • Asked how many people attended his meeting. Mark Tersini • Commented there were about 30 people who attended his meeting. Several people were quite informed about the AHOZ process. • Commented that he had hoped to give the residents a better understanding of what a senior housing project combined with market rate housing would mean to the neighborhood, but he was not able to get that point across. He plans to hold additional meetings. Jeff Loughridge • Commented he has lived on Oka Road for 32 years and that traffic is very heavy in this area. • Commented that they have an apartment complex, mobile home park and Jewish Community Center in the area and they are already experiencing crime in the area. • Commented that he is disappointed that Los Gatos does not spread this out more. Chair Marcia Jensen closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Marico Sayoc • Asked for clarification on the outreach process. Strategic Projects Director Wendie Rooney • Commented that the first outreach occurred in 2009/10 when the Housing Element was drafted and there were about 10 GPC meetings, one Town Council/Planning Commission Study Session, one Planning Commission public hearing, and three Town Council public hearings on the Housing Element. In the past year, there have been 11 GPC meetings and the Joint Town Council/Planning Commission Study Session. The AHOZ has been discussed over the past three years. • Commented that mailers were not sent out in 2009/10 because it was not a project at that time. The AHOZ was a program in the Housing Element. In a Town-wide process such as a General Plan/Housing Element Update, outreach is more widespread, and staff put ads in places like the newspaper, coffee houses, soccer clubs, gyms, etc. • Commented that the mailers that the public received for this project are because of the Town Code amendment and a General Plan amendment on the Courthouse site. Mailers went out to residents within 500 feet of the five identified project sites, rather than the legally required 300 feet. Commissioner John Bourgeois • Asked about the process for designating the sites. • Asked what role the school district played in the process. Planning Commission Minutes Page 14 November 14, 2012 Strategic Projects Director Wendie Rooney • Commented the process to designate the sites was started four years ago. It was an extensive process with the GPC. They started with 40 parcels. Typically they look for land that is vacant, under-utilized, near services and jobs and has infrastructure. State criteria must be followed. The sites were narrowed down to 10-12 sites for the GPC. The GPC did capacity analysis on each site and compared it with the RHNA (Regional Housing Needs Assessment). • Commented that one of the most significant factors in removing the Dittos Lane project was the substantial amount of road work that was required. The applicant had the right to withdraw the application, as it is publicly-held land. • Commented that additional parcels will have to be looked at in the future if any of the proposed AHOZ sites develop. • Commented that all five school districts participated in the General Plan and Housing Element process. The Los Gatos Union School District and the Los Gatos High School district actively participated. They did express some concerns but recognize that state law does govern school district mitigation through SB 50. Commissioner Thomas O'Donnell • Confirmed that the state mandates the housing numbers. Commissioner Margaret Smith • Asked who owns the other two acres of the 5.2 acre parcel on Knowles Drive. • Asked about the traffic impact on that site with two sites so close together. Strategic Projects Director Wendie Rooney • Commented that the Knowles Drive property was owned by the county and El Camino Hospital purchased the corner piece of 2.1 acre. • Commented that many policies drive the selection of these properties. Transit oriented development is a prevailing factor in the selection, as well as being close to jobs, existing bus transit, and freeway access. The addendum EIR analyzed the traffic, and the Levels of Service (LOS) are all above acceptable with improvements. Commissioner Joanne Talesfore • Asked if Dell Avenue is being rezoned. Strategic Projects Director Wendie Rooney • Commented that Dell Avenue is not being rezoned. There is a recommendation for redesignation of the courthouse property from public use to office use that allows housing or office use, which is consistent with the Town Council’s intent for the property pursuant to resolution 2011-063. • Commented that the site could be used as a school site with a CUP approval. Vice Chair Charles Erekson • Commented he could not find any studies regarding affordable housing and an impact on the property values of adjacent properties. Planning Commission Minutes Page 15 November 14, 2012 Strategic Projects Director Wendie Rooney • Commented that she is not aware of a particular study; however, she stated that a lot of work has been done in regards to that topic. The AHOZ is not all affordable housing. These are mixed income sites, including market rate housing. Chair Marcia Jensen • Asked if there is a date when this item goes to Town Council. Strategic Projects Director Wendie Rooney • Commented that it is tentatively calendared for Town Council on December 3, but it has not yet been advertised. If the Commission continues the item, it would go to Council in January. The public notice will be in the newspaper and people can contact her directly. Commissioner Marico Sayoc • Commented that there has been a lack of notification and asked if there is an opportunity to have an informal meeting with the community. Strategic Projects Director Wendie Rooney • Commented it would be difficult to have a community meeting if this goes to Council on December. 3. There is a FAQ on the website. If there is a later meeting with the Council, an informal meeting is a possibility. There is technically no deadline for adoption of the Plan. • Commented it may be more efficient for the public to come to a specific meeting and also more information can be put on the website. Staff is amenable to whatever the Commission wants to do. Vice Chair Charles Erekson • Commented that this is about the future of the Town and maintaining the character of the Town, and having affordable housing is a key component. He would suggest that time be given for the people to gain a better understanding of the Plan. Commissioner Joanne Talesfore • Asked why there are two design guidelines for housing. Strategic Projects Director Wendie Rooney • Commented that the Town has design guidelines for commercial, single- and two-family housing, but it does not have design guidelines for multi-family housing. This is the first attempt at guidelines for multi-family homes. Commissioner Thomas O'Donnell • Commented that the Town has worked on this for over three years and feels it should be brought before the Town Council because it is the deciding body. Commissioner Marico Sayoc • Commented that her primary concern is that those most affected were not noticed. An informal session with staff is the best way for the residents to understand what the AHOZ means to them. Planning Commission Minutes Page 16 November 14, 2012 Strategic Projects Director Wendie Rooney • Agreed that pushing out the meeting with Town Council to January is best, and that a Town Hall meeting with staff is the best way to proceed. • Commented that the Town Hall meeting will be advertised in the newspaper, it will be on the website, and the 900 people within 500 feet will be renoticed. She will also be available for questions. • Commented that if the Commission wants to make a recommendation to Council, it can direct staff to have additional outreach in the motion. Motion by Commissioner Thomas O'Donnell and seconded by Commissioner Joanne Talesfore to forward a recommendation to the Town Council for approval of General Plan Amendment Application GP-12-004 (Exhibit 2), approval of Zoning Code Amendment Application A-12-003 (Exhibit 1), for approval of the five ordinances applying the AHOZ to five sites listed in this report (Exhibits 3 through 7), approval of the resolution approving the Affordable Housing Overlay Design Guidelines (Exhibit 8), and approval of the Addendum to the General Plan Environmental Impact Report (Exhibit 10), subject to the staff meeting with the interested parties, including attendees at tonight's meeting, to disseminate to them any relevant information and to receive comments, and to report the results to Town Council, prior to the meeting with the Town Council, and to have a public hearing with the Town Council. The required findings were made as noted in Exhibit 9 of the staff report dated November 14, 2012. Vice Chair Charles Erekson • Commented that he has a problem specifying the specific sites. Motion carried 5-2 with Vice Chair Charles Erekson and Commissioner Marico Sayoc dissenting. Strategic Projects Director Wendie Rooney • Commented that a sign up sheet is being passed around for contact information. Commissioner Margaret Smith • Asked that copies of e-mail notifications be copied to the Commissioners. CONTINUED OTHER BUSINESS - NONE NEW OTHER BUSINESS 4. Report from Director of Community Development a. Acting Principal Planner Joel Paulson reported that on November 5, Town Council approved the Zoning Code Amendment for 114 Royce Avenue, and considered and granted an exception to the story pole policy for the Albright Way office park allowing them to use mechanical lifts to represent the building height. Planning Commission Minutes Page 17 November 14, 2012 b. Acting Principal Planner Joel Paulson reported that Town Council will hold a Study Session on December 3 at 5:30 p.m. regarding the Draft Entertainment Ordinance and potential modifications to the Alcoholic Beverage Policy. c. Acting Principal Planner Joel Paulson reported that there will not be a Planning Commission meeting on November 28. 5. Commission Matters a. Chair Marcia Jensen reported that the Registrar of Voters will not have certified the November 6 vote by the December 3 meeting so she does not know when the new Council Members will be sworn in. b. Commissioner John Bourgeois congratulated Chair Jensen on her election to Town Council and thanked her for her leadership on the Planning Commission. ADJOURNMENT Meeting was adjourned at 11:23 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, November 14, 2012 ___________________________________________ Marcia Jensen, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Acting Principal Planner