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Attachment 11 - April 13, 2022 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 Jeffrey Barnett, Vice Chair Kylie Clark Kathryn Janoff Steve Raspe Reza Tavana Emily Thomas Town Manager:Laurel Prevetti Community Development Director:Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 11 LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 onto Item 3, and that is review and make a recommendation on the Draft 2040 General Plan and Final Environmental Impact Report to the Town Council. I will remind the Commission the our role in this matter is to carefully consider all the materials received, including the input and recommendations of GPAC over 35 meetings, the Town Council, this Commission from a study session, and a couple of other Town Council meetings, to provide input to the Planning Commission, as well as a substantial amount of input from the public since 2018 when this process started, including in-person meetings and a workshop for communications at meetings, and multitudes of written communications. We will be proceeding to make a recommendation to the Town Council on the General Plan and certification of a Final EIR. The Town Council is the final deciding body on both documents, and we will describe in more detail the procedure we will use to consider the General Plan after the completion of all verbal public comments, which will be taken for this meeting. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 It is entirely possible that we will not finish our review during this meeting and may need to continue the meeting to complete our review. I will now turn it over to Staff for their report. JENNIFER ARMER: Good evening, Chair, Vice Chair, and Commissioners. Jennifer Armer, Planning Manager. The item before you is the consideration of the Draft 2040 General Plan and Final Environmental Impact Report. I know we have all been looking forward to getting to this point in the process, but you now have the opportunity to discuss and prepare a recommendation to Town Council. First, for those in the audience who are joining us for the first time, this is an update to the existing 2020 General Plan as a document that is updated every 10 to 20 years. Every jurisdiction in California must have a General Plan, which is a local government’s long-term framework or constitution for the future growth, services, and resource management. The document before you is the result of extensive work over the last four years by the General Plan Update Advisory Committee, also known as the GPAC; the Planning Commission; Town Council; expert consultants; Staff from numerous departments; other agencies; and so many members of the public who have shared their questions LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 and concerns, praise and passion, in conversations and in writing to keep improving this document and this vision for the future of Los Gatos. As part of this Staff presentation tonight, I want to share with you a few important points as a foundation for the discussion. First, a reminder that this is a high-level policy document. It doesn’t always get into the details that we’re looking for, but those can be developed in other code or guideline documents or programs, and sometimes that is recorded in the General Plan as an implementation program. While this discussion tonight will likely focus on a few specific components based on the written public comment that we’ve received, this document includes nine chapters covering a wide variety of topics. It has an Introduction with a Vision and Guiding Principles. It has a Racial, Social, and Environmental Justice Element, which is brand new for this Draft 2040 General Plan. It has the Land Use Element; Community Design Element; a reorganized Mobility Element; Public Facilities, Services, and Infrastructure Element; Open Space, Parks, and Recreation Element; Environment and Sustainability Element; and Hazards and Safety Element. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 What it does not include is an update to the Housing Element. That actually goes through a separate process that’s on a different timeline. Instead of being updated every 10 to 20 years, as the full General Plan generally is, the Housing Element is on a state-mandated eight-year timeline for updates. We have actually just started that process and it depends on the capacity that is provided within the Land Use Element regulations. The most substantial changes in this Draft 2040 General Plan from the 2020 General Plan include the new Racial, Social, and Environmental Justice Element; the increase in housing opportunities for mixed-use developments in some of our commercial areas, as well as missing middle housing in existing neighborhoods with design requirements; a new Community Commercial land use designation; new Community Place districts that provide more objective design standards and focus on community form or urban design for all development; shifts in focus of transportation policies to street design, connectivity, and mobility; reduction in vehicle miles traveled rather than just road capacity; new goals in the Environment and Sustainability Element; and expanded policies to prepare for wildfire, climate change, and community health threats. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 The Draft General Plan is still a draft, and we expect that the recommendation to Town Council from the Planning Commission will include modifications based on your review of the documents, the environmental review information provided, and further public input received since the June 2021 release of the Draft General Plan. We will continue to receive additional input as well. Written input will continue to be received until Town Council makes a final decision. These modifications can be made based on suggestions that have already been received, and recommendations. We do include a list, a summary of that and categorization by chapter in Exhibit 7. That’s based on all public comment that has been received since June 2021, and it also includes some of the comments that were submitted on the Draft EIR, but actually include changes to the General Plan itself. Your modifications can also be the results of your review and consideration; they do not have to be prompted by public comment. I’d also like to share specific points about the environmental review. This is a program Environmental Impact Report, which is different than a project EIR that’s based on a specific project where you have a specific amount of development construction, a building that is LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 proposed, and so the process and the type of analysis is slightly different than most of the environmental review that you see at projects that come to the Planning Commission. The purpose of an EIR is to provide information, and so certification or recommendation to certify an EIR does not indicate approval of the project. Unavoidable impacts, as there are for this EIR, are actually quite common with General Plans. A project plan of this level, especially in a community where we don’t have any type of high-speed public transit, is likely to have unavoidable impacts in terms of vehicle miles traveled and greenhouse gases, and so this is actually something that we have seen on previous environmental review for previous General Plans as well. One final point: the final decision on the 2040 General Plan will be made by Town Council and will be the result of their deliberations and considerations, considering the recommendation from the GPAC, the recommendation from the Planning Commission, and any further comments received by the public, including written comments submitted after today’s 11:00am deadline or after the completion of your deliberations. This concludes Staff’s presentation, but I’d be happy to answer any questions you have, and we do have LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 consultants as well, so if there are questions that I can’t answer that we want to get into some details, we can ask them. CHAIR HANSSEN: Very good, and thank you for your presentation. I would like to take this time to commend Staff for the excellent support that they’ve given the GPAC over the last two-and-a-half years that the GPAC worked, as well as over the last year processing the EIR and collecting all the public comments and leading up into this time where the Planning Commission will be reviewing the General Plan and the EIR, and spent excessive time responding to every single letter that was received, which is part of the EIR process, and responding to them in detail about whether or not it required changes to the EIR or identified additional impacts, and then further went to take all of the hundreds and hundreds of comments which we appreciate and continue to encourage that came in since the GPAC stopped meeting back in May of last year, and was able to compile all of those comments and basically help us characterize them by element so that when we proceed through the review of the General Plan after public comments we can do so in much more of an orderly fashion, so I would like to thank Staff for that. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 I will ask at this time if Commissioners have any questions for Staff before we begin our public comments? You will have other opportunities to talk and ask questions of Staff as we review the document. I don’t see any hands raised. Now we will turn to public comments. This is the time where we would take public comments on the General Plan as well as the Final EIR, and we ask any members of the public that wish to speak to limit their comments to three minutes, and this will be the only opportunity during the Planning Commission’s review of the General Plan for verbal public comments to be made during the meeting. We will be taking all public comments at this moment in time, even if we have to continue the meeting to another meeting. We want to hear all public comments up front before we begin any discussion. So, I would like to see if there are people from the public who would like to speak. I would like to add just one more comment, which is we totally appreciate any and all comments on the General Plan. One thing I did want to say is that as we review the General Plan and consider all of your comments, it’s difficult for us to consider that many people have advocated for a no growth scenario, and while we on the GPAC as well as the Planning Commission all share the same LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 concerns as you as residents of town, we are mandated by state law to adhere to providing and planning for housing. We don’t actually build it, but we have to plan for housing in our Housing Element, and we have to start that process through the General Plan by having densities and land use standards that make it possible for developers to be able to build those things, so one thing we cannot consider is any scenario where there is zero growth in town, as much as everyone would like that to help things settle from the North Forty, but that being said, you’re welcome to make any comments that you like related to the General Plan at this time. JOEL PAULSON: Thank you, Chair Hanssen. The first speaker will be Giulianna Pendleton. GIULIANNA PENDLETON: Good evening, Commissioners. My name is Giulianna Pendleton and I’m a resident of Los Gatos and the Environmental Advocacy Assistant for Santa Clara Audubon Society. Thank you to Staff, the GPAC, and everyone who has put so much work into this General Plan update. Last year I advocated for a goal to be added to the General Plan Environment and Sustainability Element for a dark sky and bird safe design ordinance. I was excited that the GPAC agreed with protecting our natural night sky, LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 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 reducing artificial light at night, and protecting our birds, hundreds of millions of which die each year due to building or structure collisions related to artificial light at night. I hope you all support the inclusion of a dark sky and bird safe design ordinance in the General Plan. Please also consider removing any goals or policies within the plan that would lead to over-lighting our town. Already, I have a bright street light outside my window that shines into my room each night, and I often drive by the Creekside Sports Complex that now has temporary lighting that is bright, unshielded, and on even when I don’t see any players on the field. Los Gatos can become a leader in responsible outdoor lighting, but in order to do so we need to include responsible uses of light in all of our planning guidelines. Additionally, as you review and make recommendations on the Draft General Plan, please strengthen biodiversity protections, native habitat enhancement, and wildlife connectivity whenever possible. Right in our back yard the newts of Alma Bridge Road are dying at an alarming rate due to vehicles. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 12 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 Whenever we think about transportation, from roads to slow streets to trails, we need to prioritize both human and wildlife safety and include safe wildlife crossings. Thank you for your consideration and I look forward to watching how this General Plan will uplift both the humans of Los Gatos as well as the wildlife and native environment that also call Los Gatos home. CHAIR HANSSEN: Thank you for your comments. I’ll ask if any Commissioners have a question for you? I have one, which is we appreciate all the comments that you’ve been making during the General Plan process, including now, and my question for you is, is there anything in your comments tonight that wasn’t included in the written comments that you’ve already given us that we have in front of us to consider? GIULIANNA PENDLETON: I think they are all consistent. My letters and written comments go into more detail of which goals and policies can be considered, but I think tonight’s comments are more just broad, having to do with habitat connectivity, native plants, protections of our night sky, all the fun stuff. But thank you so much for all the work you’ve done. I’ve really enjoyed engaging in this process. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 13 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: Thank you very much. Do any Commissioners have questions for Ms. Pendleton? Commissioner Clark has her hand up. COMMISSIONER CLARK: I just put it up because I have a comment that was not a question for the commenter. I just wanted to say I don’t think that we ever explicitly said to raise your hand if you want to make a comment, and I think we’re all familiar enough with that process right now, but I figured that that’s probably important to make sure the audience knows. CHAIR HANSSEN: Oh, yes. The procedure, if you’re on Zoom and you’re online, you can click the Raised Hand feature in Zoom and that will let Staff know that you want to speak, and if you are participating by phone, it is *9, is that correct, Staff? Yes, to participate by phone, and so I think those are the options that you need to be able to speak to us, because we certainly want to encourage anyone and don’t want lack of knowledge of how to do that to be an impediment. JOEL PAULSON: Thank you, Chair. The next speaker will be Karen. KAREN RUBIO: Good evening, and thank you for your hard work on the General Plan. My name is Karen Rubio and I’ve lived in Los Gatos for 37 years. I’m also a member LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 14 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 local nonprofit Plant-Based Advocates, and I’m sure you’ve been hearing from us. As a mother and environmentalist, I’m asking the Planning Commission and Town Council to take action to ensure a habitable planet for our children by including plant-based diet education into Section 8.12 of the General Plan. On March 31st the Mercury News published my opinion piece entitled “It’s Time for Californians to Talk About the Cow in the Room.” In this article I explain how 47% of California’s water goes to meat and dairy production and how the livestock industry plays a key role in climate change. The planet’s seven hottest years on record have happened in the last seven years, and in California the effects of climate change are inescapable. We now know that raising livestock is a primary cause not only of global warming, but also land depletion, water scarcity, deforestation, pollution, and biodiversity loss. Shifting to a plant-based diet reduces foods- associated greenhouse gas emissions by as much as 73% and cuts in half the water needed to produce our food. Therefore, any plan to achieve a sustainable environment must include education about plant-based diets. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 15 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 latest report by the UN’s Intergovernmental Panel of Climate Change has outlined the dire consequences if we fail to address runaway global warming. UN Secretary General Antonio Guterres has called the report “a code red for humanity. The alarm bells are deafening and the evidence if irrefutable.” For elected officials and community leaders, I ask you to take action to reduce greenhouse gas emissions, as this could be the most important thing you’ll ever do in your capacity as town leaders. Therefore, I hope the Planning Commission will support our request for programs to educate residents about the benefits of eating plant-based, and thank you for your time. CHAIR HANSSEN: Thank you for your comments and your continued education of all of us on the benefits of plant- based eating, and your comments, as well as those of your colleagues, are duly noted. Thank you. Are there any questions for Ms. Rubio from the Commission? Commissioner Tavana. COMMISSIONER TAVANA: Just a quick question to Ms. Rubio. I just wanted to get her opinion on if the General Plan in the draft form is satisfactory to her and achieves her goals? KAREN RUBIO: Thank you for that question. I know that the General Plan has incorporated some of our ideas, but LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 16 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 what it’s lacking right now is a solid commitment toward educating residents about eating plant-based, and I just feel strongly that it’s necessary, because that’s largely absent today. In general education, kids are not taught it in schools. Doctors go through their entire education with less than seven hours of nutrition training, which is just unbelievable, and we’re bombarded with marketing for meat and dairy companies. People still think dairy is good for you. It’s not. So, yeah, that’s why I feel like a solid education plan is necessary, and thank you for asking. COMMISSIONER TAVANA: Thank you. CHAIR HANSSEN: Commissioner Thomas has a question for you as well. COMMISSIONER THOMAS: Just as a follow up to Commissioner Tavana’s question, Ms. Rubio. I just want to clarify that you want a plant-based diet education program added as an implementation program attached to Section 8.12? KAREN RUBIO: Yes, exactly. Thank you. COMMISSIONER THOMAS: Thank you. CHAIR HANSSEN: Vice Chair Barnett has a question for you as well. VICE CHAIR BARNETT: Ms. Rubio, thank you for your comments. The question I have is if the General Plan incorporates a requirement for a plant-based education LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 17 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 program, what would that mean in terms of actual implementation, specifics that you’d be looking for the Town to perform? KAREN RUBIO: Thank you, that’s a great question. Our group has been in existence for almost three years, but we became a nonprofit last year. We’ve actually submitted an entire program to the town with separate line items detailing what education could look like, so we’ve already done that. I guess basically what we’re looking for is a commitment by the Town, and then the process of implementing it can be another discussion, but we certainly have a lot of great ideas on how to do that. CHAIR HANSSEN: Thank you for your comments, and it sounds like you’ve already made some other presentations, but my question for you is did you know that in addition to the General Plan, which is general and over a 20-year time horizon, you also have the opportunity to go directly to the Town Council? I believe you may have already done, but I wanted to make sure that you knew that might be a more immediate way to ensure in addition to what we’re doing in the General Plan? KAREN RUBIO: Yeah, thank you, Chair Hanssen. We have been doing that. In fact, in 2019 in December the Town Council adopted the Green Monday resolution. It’s a wonderful, wonderful thing, however we feel that we need LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 18 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 more than that. It denotes the Town’s commitment to plant- based, but it doesn’t have, I guess, the necessary means to implement any educational programs. CHAIR HANSSEN: Okay, thank you for that. Any other questions for Ms. Rubio? I don’t see any Commissioners’ hands up, so the next speaker. JOEL PAULSON: Thank you, and the next speaker will be Lisa. LISA WADE: Hello, my name is Lisa Wade. I’m also with Plant-Based Advocates, and I’ve lived in Los Gatos for over 30 years. I wanted to thank you for your hard work on the General Plan and let you know that we appreciate your efforts. I wanted to draw your attention to a petition that we submitted. This petition has 265 signatures asking for a plant-based education program in the General Plan. We have the names of 225 residents of Los Gatos, including community and business leaders who live in Los Gatos, and in addition we have the names of 40 residents who live in neighboring towns and cities, including Saratoga, Monte Sereno, and Campbell, who frequent Los Gatos businesses. We also have the support of 11 groups, including local groups and health and environmental NGOs, including the Sierra Club Loma Prieta Chapter and the Center for Biological Diversity. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 19 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 addition, prominent citizens both in Los Gatos and neighboring cities, such as Lucas Ramirez, who is the Vice Mayor of Mountain View, and Alison Hicks, who is a City Council member in Mountain View, support our efforts, and they have a program in Mountain View that we would like to see something similar. We have written testimony from the Center for Biological Diversity in support of our request, and we also had some verbal testimony from Dashiell Leeds from the Loma Prieta Chapter of the Sierra Club who spoke and gave verbal comments at an earlier GPAC meeting last year or the year before in support of our initiative. In addition, the Planning Commission and the Council have received numerous emails from Los Gatos residents requesting a plant-based education program to be added to the Environmental section of the General Plan. Like we said, we’d like to see this added to Section 8.12, and it could be something simple, just a few sentences. The verbiage could be something like, “To implement programs to educate and support residents about the benefits of shifting to plant-based diets, which include curbing greenhouse gas emissions, reducing biodiversity loss and deforestation, reducing water usage, and reversing pollution of our land, water, and air. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 20 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 As Karen said, we did submit suggestions. I’ll just give a few, like cooking classes, speaker series, informational brochures, and there are many other examples. It’s really important that we include such a program, because numerous peer-reviewed scientific studies agree that plant-based eating is the most effective way for an individual to help the planet. For this reason, any plan to address climate and sustainability should include the promotion of plant-based eating. We have already provided you with the studies, and we’re happy to provide them again. Please do not leave out this powerful, cost-effective solution and add a plant-based education program to Section 8.12. This section would not be complete without such a program. I also wanted to say quickly before I leave that Plant-Based Advocates supports the dark skies and the bird safety, and also the wildlife safety and crossings that were mentioned earlier. Thank you. CHAIR HANSSEN: Thank you. Commissioners might have questions for you, and I see that Commissioner Raspe has his hand up. COMMISSIONER RASPE: Thank you, Chair, and thank you, Ms. Wade, for your comments. Two quick questions. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 21 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 first is you’re asking that the plant-based education program be added as an element to the General Plan. Are you aware of, or do you have any knowledge of, any other municipalities having similar components of their general plans that we could refer to? LISA WADE: Yes, I know that Mountain View has such a component, and I know that other cites have initiatives. I’m not sure exactly if it’s in their general plans, but I know that Berkeley has a pretty strong initiative. I’m not as familiar with it as Karen is, but I know we can submit information on that. In New York City, Mayor Eric Adams has introduced some things like Vegan Fridays where they serve vegan food in the schools, and if kids want something that is not vegan they have to actually request it so that the default is vegan. He’s also opened a bunch of health centers to provide education to the public about how plant- based diets can help with health. I could send you those articles as well, if you’re interested. COMMISSIONER RASPE: Great. Thank you so much, Ms. Wade, for answering that question. My second follow up question is just a favor. You gave us some language that you thought might be useful for us as an introduction into the General Plan, and if you send these other materials, just send those to the Town as well LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 22 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 so we have that for our records. I would appreciate that. Thank you so much. LISA WADE: I definitely will. Thank you. CHAIR HANSSEN: Thank you for that. Just to address Commissioner Raspe’s question, yes, we did receive comments and suggestions in a fair amount of detail from the Advocates, including Ms. Wade, for plant-based eating education, so I think we’ll have everything we need to consider in terms of the General Plan review when we get to that. Are there other members of the public that would like to speak on the General Plan or the Final EIR for the General Plan? JOEL PAULSON: Yes, thank you, Chair. The next speaker will be Jack. JAK VANNADA: Good evening, Honorable Chair and Planning Commission. Jak Vannada from the Los Gatos Community Alliance. The GPAC had been informed that a Town consultant and the Department of Finance for the State of California don’t believe that the Town of Los Gatos will grow more than 1,954 households in 20 years. My question is why would the GPAC double that number to 3,738? If you subtract the maximum build-out of 1,954 from 3,738, that’s 1,784 overbuilt homes. I don’t understand that. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 23 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 We advocate a major effort by the Town to provide affordable housing. In fact, we have consistency said that the efforts of the HEAB should be focused on the low- and very-low categories that total 847 units. We know that it’s going to be a major challenge in a built-out town with such high land costs. However, at the April 6th study session we heard from two affordable housing developers that though this is a challenge, it could be done. We encourage you to push forward with Eden, Core, or like companies to focus on the challenge of getting more affordable housing into Los Gatos. However inclusive we think we are as a town, we do not have many who would be classified in the low- or very-low income levels. To attain more inclusivity the Town and the citizens will have to make monumental efforts to create truly affordable housing for the low- and very-low categories. If you recall, the panelist’s conversation about a point system to obtain financing, in addition to mass transit the buildings need to be tall and located close to shopping and amenities. Affordable housing is possible, but it will require a large creative effort by the Town, particularly by HEAB, in addition to a mindset change within our entire community. Inclusivity will grow positively with the addition of affordable housing to the community. Remember that LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 24 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 inclusivity is a Council priority. The HEAB needs to find the locations, but that may be the easiest part of this equation. Financing and mindset changes will be covered, and with the no net loss rule it’s only going to add to the challenge. We strongly encourage the Planning Commission to stick with the state RHNA number of 1,993, plus the buffer. Thank you. CHAIR HANSSEN: Thank you for all of your comments and all of the written comments that you and the Los Gatos Community Alliance have submitted. I would like to ask the Commissioners if they have any questions for you at this time? I don’t see any hands raised, but thank you again, and we do have all of your comments included in our Staff Report. Is there anyone else that would like to speak on the General Plan or the Final EIR? JOEL PAULSON: Yes, thank you, Chair. The next speaker will be Lee Quintana. LEE QUINTANA: First I’d like to comment that I’m somewhat surprised that the public is limited to three minutes for the entire General Plan and the EIR. That’s amazing to me. I think each element should have been allowed separate comments. The EIR is a separate document LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 25 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 and a separate vote; that should be also given it’s own time. However, that’s not going to happen. I would like to say that as a member of GPAC I voted to recommend that the Draft General Plan go ahead to the Planning Commission, but I want to emphasize that I also placed on the record that I did not agree to the current form of it. I have many, many problems with this General Plan and its format. One of the problems I have is the manner in which GPAC was conducted. We had very little leeway in recommending or changing anything. We were given the background documents already written. I could make comments on it, but we couldn’t make any recommendations of changes to them. Basically one of the biggest flaws of the whole process, I believe, is that the General Plan base map was never reviewed for consistency between the General Plan and the Zoning code and those two being brought into consistency with each other. We were not given the ability to recommend new General Plan categories or even… Let me go back. I’m very emotional about this. The alternatives that we were given for the preferred alternative essentially was simply one alternative, which was keep the General Plan categories the way they are and where they are, and then we were given four variations of LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 26 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 that based on the number of units and the intensities and densities being changed uniformly across the whole town. I firmly believe that we need to first decide what areas we wish to preserve as they are limited, what areas we consider transitional that we want to see some change in, and we have to identify clearly those areas that we want to see the major changes in. As is currently stated, we have minimums and maximums in a lot of the categories along Los Gatos Boulevard and other places being able to use a mixed-use configuration, minimum/maximum for density, but it’s not clear to me that that minimum density is required even though the intensities of the development are being increased. There are no incentives that I can see in this General Plan to help get the type of housing we want: smaller units. It’s almost wishful thinking. There are too many terms used in the policies to really give true and clear direction. Very few of them say, “shall” or “should.” To me, we’re creating a Humpty Dumpty where we have this document, we don’t really know what it says, and when it comes down the line for some changes, maybe down the line to the zoning code, it is going to be the Staff’s interpretation of what that means. Alison said that, “It means what I say it means,” and sometimes that’s not what the general public thinks. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 27 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: Ms. Quintana, I saw Director Paulson had his hand up, so I’m going to have to ask you to stop, but I understand your frustration and I would encourage you also to send in written comments that you have, as it will be helpful to everyone on the Planning Commission as well as the Town Council as we’re reviewing the document. I’ll ask if any Commissioners have any questions for you, because it looks like you had more to say. I don’t see anyone with their hands raised, so again, thank you for your input. LEE QUINTANA: We spent 20 minutes talking about plant-based diet, but we can’t talk about what going on in the General Plan? CHAIR HANSSEN: I thank you for your input as well in the process. I’m not sure what we could do to adjust the process in the meeting, but certainly we can talk to Staff after we conclude this meeting if there is some other way that we can proceed going forward that would be more equitable for everyone. With that, it looks like there are others that want to speak, so who will be next, Director Paulson? JOEL PAULSON: Thank you, Chair. The next speaker will be Matt. MATT FRANCOIS: Good evening, Chair Hanssen and members of the Planning Commission. My name is Matt LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 28 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 Francois with Rutan & Tucker. My firm is the land use counsel for Los Gatos Community Alliance. I wanted to start off by first thanking all of you for your service to your community. I, too, served on a planning commission and now serve on a city council and I understand the time commitment and the commitment that you have to your community that it takes to do something like this, so thank you for that. As you’re aware from some of the correspondence that we’ve submitted, LGCA has concerns with the proposed plan and the EIR, and to summarize those concerns: The proposal significantly and seemingly indiscriminately up-zones almost the entire town, including low-density residential neighborhoods and your very charming and unique downtown. The impacts of the changes are not studied in the EIR, however, as required by CEQA. The EIR studied only a small fraction of the growth enabled by the land use changes by applying what we believe are unreasonable and unsupported assumptions about the amount of growth that would ensue. Most of the changes to the residentially designated lands would not even count for the Town’s requirement to plan for affordable housing units. Also of importance is major intensification is not needed to satisfy market demand or the Town’s new RHNA figure. If the proposed plan is approved in its current LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 29 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 form, the Town could not legally deny a project that complied with the new density standards. We believe that the Town should focus first on the mandatory changes to its Housing Element, which are due in just a short six months from now, in January 2023. The Housing Element will provide critical information as to where and at what densities housing should be located. In my experience, that’s what every other agency in the Bay Area is doing. If the Town nonetheless proceeds with the proposed plan, the Commission should recommend that it be amended to provide for no more than 2,300 units. This meets the Town’s stated goals of satisfying market demand and the Town’s new RHNA number, plus a reasonable buffer. On page 6 of the Staff Report Staff outlines changes that could be made to achieve this reduction. LGCA supports those changes. A general plan is a community’s constitution for development. It deserves careful consideration and scrutiny. LGCA welcomes your engagement on these important matters, and I would be happy to answer any questions that members of the Commission may have. CHAIR HANSSEN: We thank you for your comments and your many written comments that you have given to the Commission so far, and we do have all of them in our Staff LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 30 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 Report, and so I will ask if any Commissioners have any additional questions at this time? Vice Chair Barnett. VICE CHAIR BARNETT: Thank you for your presentation, Mr. Francois. The question I have is I believe you’re saying that the Town would not be able to down-zone once it is up-zoned, and I was wondering if that position is based on any particular statute or other (inaudible)? MATT FRANCOIS: Thank you, Commissioner Barnett. Yes, it’s based on the Housing Accountability Act, which states essentially once an agency is planned and zoned for a certain density of units, if a developer comes in with a project that is at that stated density, that law doesn’t entirely prohibit but it greatly restricts the Town’s ability to deny that project. CHAIR HANSSEN: Does that answer your question, Vice Chair Barnett. VICE CHAIR BARNETT: Yes, it did, thank you. CHAIR HANSSEN: Are there any other Commissioners that have questions? Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair, and thank you, Mr. Francois for both your presentation this evening and your correspondence to the Council. You mentioned that you would appreciate a target of 2,300 units and would accept the six different criteria that appear on page 6 of the Staff Report. With respect to LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 31 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 those six criteria, do you feel equally strongly about each of those, or are there some that you would prefer or feel more strongly about as opposed to others? Thank you. MATT FRANCOIS: I appreciate the question, Commissioner Raspe, and I just want to reiterate that obviously we’re not in the position of micromanaging your General Plan update. That’s a community update that the Commission and the Council weigh in on, but the one that is very important to LGCA is the increased densities in the low-density residential, to reducing those densities to what they are in the current General Plan, which are up to five units per acre. The new plan would allow for up to 12 units per acre on those lands. Another important change that was made that we would wish the Commission to weigh in on is the significant up- zoning of your Central Business District, your downtown area where the floor area ratios and housing densities are being increased by 200%. COMMISSIONER RASPE: Thanks for your response. CHAIR HANSSEN: Thank you for that, and do any other Commissioners have questions for Mr. Francois? Again, we do have all of your comments for consideration when we do our review, but we thank you for your verbal comments as well. Who else would like to speak on the General Plan or the Final EIR? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 32 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 JOEL PAULSON: Thank you, Chair. The next speaker will be Gina. GINA: Hi, thank you, everyone. I just really wanted to show my support for some of the other speakers. I’m really particularly passionate about the wildlife crossings, if we could get wildlife crossings to protect the newts and the deer and just in general protecting wildlife in any way possible, as well as protecting our open spaces. I also agreed with the first speaker on the dark skies, just in general protecting biodiversity and the bird safety. In general I wanted to voice my agreement with protecting the environment and reducing all sorts of pollution and greenhouse gases. I agreed with the other speaker on including the education for plant-based diet. I thought that sounded great. I also would much more agree with the approximately 2,000 units versus the 4,000 units. I’m as much as possible against the high-density and up-zoning. Back to the environment, I don't know if they’re still doing this, but it seems like at Vasona and different places were spraying a lot of pesticides, which is really devastating to the monarch butterfly population, which we LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 33 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 have a migration through here, so if there is any way that we could reduce or eliminate the pesticides altogether, I think that would be great. So, that’s it. Thank you for listening. CHAIR HANSSEN: Thank you for all of your comments, and I will ask if any of the Commissioners have questions for you? I don’t see any hands raised, but thank you once again for your comments. Who else would like to speak on the General Plan or the Final EIR? JOEL PAULSON: Thank you, Chair. The next speaker will be Connie. CONNIE HAMRAH: Good evening, my name is Connie Hamrah. I live in Los Gatos, and have been a resident of Monte Sereno and Los Gatos for over 44 years. I guess one of my concerns is maintaining the integrity and the beauty, obviously, of the Town of Los Gatos, and with all of the proposed changes and the things that have been mandated from the state, how does water play into all of this? In other words, we can plan all of these great things, and we all see all the building and construction going on in our area and throughout Santa Clara Valley, and yet, we don’t have enough water. How are you addressing that in terms of the continued growth of the Town? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 34 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: We thank you for your comments, but the format of our public hearings is that we can’t answer your questions directly. We can ask you questions. But certainly there are sections of the General Plan as well as the EIR that do address water, and if you have more direct questions you can send them in to Staff and they can get back to you. CONNIE HAMRAH: Okay, thank you. And then I would just agree that to keep the number of units to be added to our community at the lowest level possible I think would be appreciated by most of the people who live in our beautiful community, because we’d like to keep it that way, as I know you want to too, so thank you. CHAIR HANSSEN: Thank you very much. Any questions for the speaker? I don’t see any hands raised. Then who would be the next speaker? JOEL PAULSON: Thank you, Chair. The next speaker will be Rosilene. ROSILENE MARTINS: Hi, I just wanted to voice my opinion in regard to three of the topics. First one being the plant-based education, I want to say that I support the plant-based education program even though I am not a vegan. I have reduced my consumption of meat because I believe also that the plant-based diet helps the planet in many ways, but especially by drastically LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 35 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 reducing greenhouse gas emissions and saving water, which is really important. So, since we all benefit from it we should all be supporting plant-based diet initiatives regardless of what we eat. I also want to support the dark sky petition that was made earlier. I also have a terribly bright light that shines into my bedroom, and it is unfortunately really close to a creek, so it is really terrible I think in planning expanding so much housing into Los Gatos, because we need to keep this in mind, because we really have a lot of birds, and this wildlife is one of the things that gives Los Gatos its character, its charm, and we should really do as much as possible to preserve that. In regard to the planning for expansion, I’m a Los Gatos resident for close to 30 years now and I was very involved in the discussions of the North Forty, and one thing that really puzzles me is that the North Forty was started with a proposal to address the affordable housing, and that was the main sale point of North Forty, and once the project kicked off this was not upheld and I think that this is a terrible thing that happened to the North Forty. Once the project kicked off the affordable housing quota that they were supposed to satisfy fell through the cracks, and I want to know in moving forward with this proposal, because we need to build more houses and we need to LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 36 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 increase density in Los Gatos to satisfy the government requirements for affordable housing, who is accountable to make sure that what happened with the North Forty is not going to happen again in the next development that is proposed under the guise of satisfying affordable housing in Los Gatos? I see you guys are here to represent the Los Gatos residents, and I am hoping that these meetings and these discussions will boil down to plans that are advanced by your team that really satisfy what Los Gatos residents want and are asking for. Thank you for listening. CHAIR HANSSEN: Thank you for your comments. We truly appreciate your comments, and as I mentioned earlier, we can’t directly answer your questions, but feel free to reach out to staff if you want specific answers for your questions. I’m quite sure that the Commission will be discussing some of this as we do proceed forward with our discussion on the General Plan, and some of what you talked about. The Housing Element Advisory Board is specifically working on locations, and levels of affordability will be addressed in their work as well. Do any Commissioners have questions for Ms. Martins? I don’t see any, so thank you again for your comments, and who will be our next speaker? JOEL PAULSON: The next speaker will be Catherine. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 37 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 CATHERINE SOMERS: Good evening, Planning Commission. My name is Catherine Somers and I’m the Executive Director at the Los Gatos Chamber of Commerce. It’s great to be here tonight. I, too, actually support the dark skies, but more importantly, I just wanted to share something with you. I get criticized a lot actually in my job for not really looking out for all of the commercial hubs in Los Gatos, and so it’s kind of an interesting conundrum, because as much as I try to branch out and go out to Kings Court and introduce the Chamber to some of the folks out there, or out to now it’s the North Forty, and to anywhere along the Boulevard, or out the Belgatos neighborhood or Harwood, I’m always having a hard time really bringing those people into the fold of Los Gatos. I think one of the really important things that you guys have on your plate is—we talk about inclusivity a lot—how to wrap those communities into the whole and yet make them really special and unique in and of themselves that they serve their individual neighborhoods. It’s a huge challenge that I’m throwing at you, but I would love to see reflected in the General Plan something to that. I think that involves the Land Use Element of course, or the land use portion of the General Plan. I think actually Lee Quintana was even kind of talking to this. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 38 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 And so it’s a big responsibility for you guys, but I think it’s also a really unique opportunity that you have right now to look from above, a bird’s eye view looking down, and what will make Los Gatos special 20 years from now when you look at the different neighborhoods and what’s going to be that community hub? Maybe it is mixed-use housing in those community hubs, or mixed-use developments. But I hope you’ll take that into consideration when you look through the plan and at the EIR and everything else that you’re looking at, and think of the Chamber of Commerce when you’re doing it and how we can really all be part of the fabric of this community and all add to it and all benefit our individual neighborhoods. Thank you. CHAIR HANSSEN: We thank you for all your service to our community in your capacity, and for your comments as well tonight. Do any Commissioners have questions for Ms. Somers? I don’t see any hands raised, but I would like to ask a question. Have you had an opportunity to see our draft Community Design Element where we actually go into a fair amount of detail in the Draft General Plan about different neighborhoods across town and how we’d like to see them evolve toward 2020? There’s actually a before and after for each one of those. Have you see that part of the plan yet? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 39 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 CATHERINE SOMERS: Yes, I have, and actually I’m encouraged by what I’ve been seeing. I get a little concerned about the potential of up-zoning all throughout town, because I would really like to encourage you and all of us to focus our efforts on developing certain areas, again, to make them unique and special and not just do that to the whole town. So, yes, I really like what I’ve seen so far, what you planned. Thank you. CHAIR HANSSEN: Thank you. Are there others that would like to speak on the General Plan or the EIR? JOEL PAULSON: Yes, thank you, the next speaker is Jesus. JESUS: Yes, thank you. Good evening, Commission Members. I’m a property owner of a property at the cross- section of Los Gatos Boulevard and Farley Road. I don't know if you know where that is, but the property is actually on Los Gatos Boulevard. This is in regard to the General Plan zoning map, and right now that property is part of Santa Clara County and is zoned for Administrative and Professional Office use. I was trying to have the building upgraded and updated into having medical and dental facilities, as it is currently very old and whatnot and it does serve the surrounding community in that area, and if we were to get annexed into Los Gatos it would be zoned for residential. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 40 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 If you ever look at the zoning map on that area, it just so happens that that one commercial property, if it was part of Los Gatos, would zoned as residential. I think it is just a technicality in terms of how it is, because for all the years that it’s been there it’s been a professional office building and it’s been used as such for over the last 35 years, as I understand it. So, please consider thinking about the zoning in that area. It is already in a Commercial area and it is just, in my opinion, a technicality that would stop us from renovating and updating the facility, the road, that corner, and providing services for the surrounding area, which includes the Town of Los Gatos. Thank you. CHAIR HANSSEN: Thank you very much for your comments. Could I ask you a favor to write up your specific concern and send it in to Staff? We do actually have in our Staff Report one suggestion from Staff about a particular property to be rezoned from a General Plan designation perspective, so please do send that in so we can make sure it’s accounted for, because doing it in verbal comments will not get the result that we need without sending it to Staff. Ms. Armer has her hand up. JENNIFER ARMER: Yes, I do believe that it is one and the same property that he is speaking to, which is included in your list of potential changes for consideration. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 41 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: So, that’s the address that I saw in there. Okay, very good, so then I think we’re covered. Do any Commissioners have questions for Jesus? I don’t see any hands up, so are there others that would like to speak on the General Plan or the Final EIR? JOEL PAULSON: Yes, thank you, Chair. The next speaker will be Arvin. ARVIN: Yes, good evening, and thank you for your community service. I know it’s late; I just have a very quick comment here. I would like to suggest that the plan consider turning the downtown Santa Cruz Avenue into a pedestrian road. I think that would allow for Los Gatos residents and others to come to town, support the downtown businesses, and socialize. I don't know if it’s in the plan right now, but I just wanted to make that recommendation. Thank you. CHAIR HANSSEN: Thank you for your comments. There is something to that effect in our comments. Do any Commissioners have questions for Arvin? Commissioner Thomas. COMMISSIONER THOMAS: Hi, yes, I do have a question for the speaker. I saw this as one of the comments, and Staff did not recommend adopting this, but I was curious if you would be happy with an implementation program that LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 42 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 asked the question and went into studying the validity and ability to do this? Would you be happy with that? ARVIN: Yeah, I’d be happy with anything that would make the Los Gatos downtown a little bit livelier, that instead of people going to other places they actually stay in Town and spend their money locally. I’m not a business owner in the downtown, so it’s not a self-interest issue, but even if just a section of Santa Cruz Avenue could allow for people to enjoy a little bit nicer, rather than having concrete blocks in a way that doesn’t really look very nice. COMMISSIONER THOMAS: Okay, thank you for answering that. CHAIR HANSSEN: Do any Commissioners have any additional questions for the speaker? I don’t see any hands raised, and so are there any others that would like to speak on this General Plan or the Final EIR? I wanted to reiterate at this point, since I don’t see any hands raised at the moment, that all of the public comments that we’re taking for the verbal part of this— certainly written comments can continue to be made—will be taken this evening. JOEL PAULSON: Thank you, Chair. Yes, the next speaker will be Tony. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 43 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 TONY ALARCON: Hello. Good evening, everyone. This is Tony Alarcon. I first moved to Los Gatos in 1991. I moved to Los Gatos from Willow Glen specifically for the Town culture, the hillside views, and the trails. I think it’s important in the General Plan moving forward that we consider the reasons that many of us moved here. Personally, if I were on the Commission or the Town Council I would have appealed the RHNA numbers provided by the state to Los Gatos. I do not support exceeding the RHNA numbers, nor the approximately 4,000 units proposed for consideration in the General Plan by the Town Council and Town Manager. One thing I’d like to point out to the Commission and to the general public listening is that Los Gatos ranks worse in fire than Paradise did before it had its fire, and as someone who lives close to the hillside I think it’s very important that we protect the hillside for the residents, for public safety, and also for the wildlife. I think we have to take into consideration the North Forty and the results. As someone else mentioned, the North Forty was promised as affordable housing. It’s anything but that. One thing with affordable housing, there is very little opportunity for people owning those houses to gain equity in them, they can only gain inflation, and so I think our town, with the leadership that we have and the LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 44 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 Town residents, can come up with other solutions to create more affordable options for housing, perhaps smaller units. I would like to see the Historic Districts and the districts where homes were built in the early-1900s remain in that character. With legislation SB 9 and SB 10 that was passed, we’ve yet to see the impacts of that, and I think we should slow down on the General Plan. We’re being too aggressive with the number of housing units that we’re proposing and I think further study should be done before you make any drastic changes in that direction. Thank you for listening. CHAIR HANSSEN: Thank you so much for your comments. We definitely appreciate it, and I’d like to ask if any Commissioners have questions for Mr. Alarcon? I don’t see any hands raised, so thank you again for your comments, and I would like to invite any other members of the public that would like to speak to us on the General Plan or the Final EIR for the General Plan to do so now. JOEL PAULSON: Thank you. As the Chair mentioned, if anyone else would like to speak on the General Plan or Final EIR, please use the raised hand feature. The next speaker will be Joanne. JOE RODGERS: This is Joe Rodgers. I’m going to speak for Joanne. Maybe she’ll have some comments. Joanne and I have been residents to Los Gatos for 46 years, so we’ve LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 45 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 seen some changes in the community. One of the things that I want to do also is thank the members that are on this Commission for the time you devote. I don’t think most of the people in the community realize the time that the group of you devotes to making certain that we maintain the integrity of our town. Congratulations, and thank you, and keep up the good work. What I wanted to talk about was actually a request that is being considered by the Town Council for adding one to three cannabis dispensaries in the Town. Very much opposed to it. I think it certainly sends the wrong message about the quality and the nature of our Town, but my concerns also go to the traffic that three dispensaries, or one, would create, and problems with parking. Another one is requirements for PG&E, for electrical power. Already we’re trying to focus more on adding more electric cars, but also then water was mentioned. We’ve got things that we have to deal with in our current situation, but add the dispensaries… Initially they’re saying it would just be for the sale of cannabis, but that’s the gorilla in the room, because the next step is we’re just going to do a little packaging and processing, and then after we’re going to add growing. We already know that we suffer power outages from time to time, and with the requirements on power that are going LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 46 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 to be generated by these other activities, adding cannabis would be catastrophic, so I’m really requesting that this Commission and the Town Council do an environmental impact study, include this in your study, and make certain that we understand the environmental impact of adding cannabis sales, processing, and growing. It would have a very negative impact on the Town, including the image of the Town. Right now the Town Council turned down the idea some years ago. What was it? 2016. Said that we would not permit it. Now they’re considering it for generating revenue. I just wanted to touch base on that. I’d like to see a thorough environmental impact study, because they’re considering doing this without having done very much homework on it. Thank you very much. JOANNE RODGERS: The revenue, other towns have said for every dollar you take in for a cannabis sale you spend four, and the policing and the trafficking, the crime, etc. CHAIR HANSSEN: Thank you for your comments. I think your three minutes are up, but I would also encourage you to send your comments in writing to Staff, because that would be the best way to make sure that they get attention by the appropriate people, because we are talking in terms of the General Plan and we don’t address that at all in the General Plan, so please do send your comments into Staff. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 47 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 JOE RODGERS: When you say Staff, whom do you mean? Who do we direct written comments to? CHAIR HANSSEN: Staff, could you jump in and let them know how to send in comments to Staff? JENNIFER ARMER: You can send it in to me and I can forward it onto the appropriate Staff, or you can send it through the Town Manager’s office, as they are managing the discussion and consideration of cannabis. JOANNE RODGERS: As relating to what you’re talking about here, it’s the EIR report that we’re asking for to be included. JENNIFER ARMER: Comments recommending or asking for an environmental review in association with the cannabis discussion, I can take those comments and share them with the Town Manager’s office as they continue forward with those discussions with the Town Council, so feel free to send those on into me and I can forward them to the correct Staff. JOE RODGERS: Okay, thank you very much. CHAIR HANSSEN: Are there others that would like to speak to us on the General Plan or the General Plan EIR? JOEL PAULSON: Yes, thank you, Chair. The next speaker is John. JOHN: Good evening. First of all, thank you all for all the hard work that you do. This is an incredibly LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 48 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 difficult process that you go through trying to do the strategic planning and engagement of the local community, so thank you very much for your time. Just a couple of real quick comments, it won’t take three minutes. First of all, when I look through the plan I’m generally supportive of additional housing units in the neighborhood of about 2,000. What popped out at me was the 804 opportunities for land development and maybe 1,200 in the redevelopment section, so that rounds out to just a little bit over 2,000, which I think is the right number for a lot of reasons. One reason, we all know trying to get into, out of, or around Los Gatos during the summer is very, very difficult, so if we were to increase population by going for the 3,900 units, another approximate 9,000 residents in Los Gatos, I just don’t see how that works well in terms of traffic. Secondly, I think as we look at developing housing it would be great to try to do most of it in the conversion of commercial properties that exist along strong road corridors today to multi-use, so perhaps in the area of the old auto row in Los Gatos, some of those properties, which are on Los Gatos Boulevard, which has a lot of traffic capacity, would be smart. My final comment is we reference wildfire in the report extensively, but I don’t see a lot of strength in LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 49 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 wildfire, fuels, mitigation, and management, and to the previous speaker who mentioned that we’re in worse shape than Paradise was at the time of their fire, that is just an essential area for us to pay attention to. If we were to lose a major portion of the hillside to fire, not only wildlife, but the visual nature that makes Los Gatos so appealing, and all of the trails and outdoor use that is so appealing to so many of our residents. That sums up the high points for me, and thank you very much. CHAIR HANSSEN: We thank you very much for your comments, and I will ask if any Commissioners have questions for you. I don’t see any hands raised, and so thank you for your comments. I see many people in the attendees. Is there anyone else that would like to speak to us on the General Plan or the General Plan Final EIR? At the point where I close the public hearing, even if you raise your hand, we won’t be able to take your comments during the meeting, although you are always welcome to send in written comments. Would anyone else like to speak? JOEL PAULSON: I don’t see any additional hands up, Chair. Let’s give it a few more seconds. I don’t see any additional hands. CHAIR HANSSEN: I do know from the names of some of the people that are in the participants that many of you have already sent in written comments as well, and you can LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 50 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 be assured that we do have all of them, and all of us spent many hours over the last several days reading the hundreds of comments that we’ve had, I think it was about 600 pages, so I thank you all for sending them in. With that in mind, we will close the public comments portion of the hearing on the General Plan and the General Plan Final EIR, and given that it is 9:20 we will continue the discussion, but I’m going to have the Planning Commission and Staff take a ten-minute recess, so we’ll come back at 9:30. (INTERMISSION) CHAIR HANSSEN: …in general Exhibit 7, along with Staff’s general feedback, whether it’s not recommended or neutral, meaning they don’t have an opinion one way or the other, and then it would be up to us to consider it. As far as Exhibit 7 goes, at the beginning of Exhibit 7 there are some comments by entity, not by element, so there are comments from the Department of Forestry regarding wildfire. There are comments from Staff, and then comments from specifically the Parks and Public Works part of Staff, so we will discuss those as a group before we go dig into each element. In addition to what I just said, I also want to talk about the order of the elements, because the bulk of the comments that we have received, and especially the negative LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 51 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 comments, are related to the numbers in the Land Use Element. We will discuss all of the other elements first, because they have substantially less comments and we should be able to get through them, and then we will turn our discussion to the Land Use and Community Design Elements near the end, and then finally we will proceed forward and discuss the EIR and whether or not we should recommend certification. As mentioned earlier by Staff, and by myself as well, our role in this process is only to recommend. We are not the final deciding body as we are for other land use matters. We will be forwarding a recommendation to Town Council and they will be holding their own hearings. That being said, I always think that the Planning Commission, and I know this from the Town Council, that they’re counting on us to do a thorough review of the General Plan, and so that what they send to us in theory should be something they will agree with and it won’t have to be a complete review of everything going past. So that being the case, if you haven’t already pulled Exhibit 7, I would ask that you pull up Exhibit 7 so that we could go ahead and start the discussion. The first thing in Exhibit 7 is the recommended changes to the Introduction, which includes the Vision and Guiding Principles. If you look on page 1 of Exhibit 7, LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 52 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 which is also on page 217 in your packet, it talks about the GPAC recommended changes to the Vision and Guiding Principles and it has summarized what some of the points of it are, but I’ll just read it out. Revised division for added clarity and add a sentence about racial, social, and environmental justice. Deleting downtown from the Community Vitality Guiding Principle. Adding a new Guiding Principle titled “Connectivity,” which came from one of the GPAC members, to state the importance of connecting all facets of Town. And then deleting the Towns from the Fiscal Stability Responsibility Guiding Principles, and replace the word “recognized” with the word “value” in the Inclusivity Guiding Principle. That was the comments that the GPAC recommended that we adopt, and the way that the process worked is we had considered the Vision and Guiding Principles and they were voted on by the GPAC, then the Planning Commission, and the Town Council, and since they were adopted that way we couldn’t modify the draft plan to do that, so this is the time when the Commission would recommend or not recommend those changes that came from the GPAC, so I’ll throw that up for discussion, and if there’s anything else that you want to change in the Introduction as well, we can talk about that. Commissioner Janoff. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 53 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 JANOFF: Thank you. I just wanted to clarify a little bit why these changes are in front of you. Essentially, we went through such a long period of time that life around us and the world around us changed. We had the pandemic occur, we had the racial voices through the world were speaking to us loudly, and so we felt compelled to go back and look at the Vision, which was crafted before all of these world events were taking place, and thought wow, in light of what we’ve all just lived through we felt that we needed to add some changes, and so it wasn’t taken lightly that we were recommending changes over what Town Council had already approved, but we thought that in light of the two years that had gone by since the Vision Statement was initially crafted it made sense to reflect back and bring us up to the present. So, just to give you guys an idea of why we wanted to make those changes. They were well thought through. CHAIR HANSSEN: I can add onto that that when we crafted the Vision Statement the GPAC spent a whole entire meeting, maybe more than one meeting, on every single word that was in the Vision Statement before we even sent it to the Planning Commission or Town Council, so it wasn’t taken lightly to do all that, and the Guiding Principles actually stemmed from direction from Town Council on how to go about updating the General Plan, and so we took those pretty much LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 54 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 as is and then added on and did some modifications before we sent it on for approval. It wasn’t on this list, but there was one add that was late in there and that’s currently in there. Ms. Pendleton has spoken previously to the GPAC on many occasions and had wanted to modify the Protect Natural Resources to make sure we address the biotic communities as well, so that has already been modified, and I don’t see it listed here as a change we need to adapt, because it looked like it was already in the draft. Does anyone have any concerns about any of the changes that were recommended? Commissioner Thomas has her hand up. COMMISSIONER THOMAS: I don’t have any concerns, I just want to say that it’s been a while since we looked at this, and I looked back and I still feel the same about all the changes that we recommended as members of the GPAC. CHAIR HANSSEN: Okay, cool. The way that I’m hoping this process will work—I’ll say it now, because we have lots of elements to go through—is that even though we have to vote on the overall plan as a recommendation, Staff and I both thought it would be very helpful to make a motion to approve X element or section with changes as noted in the Staff Report, kind of like we do in a regular hearing. Even though at the very end we’re going to have make a recommendation on the overall element, if we can kind of LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 55 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 come to an agreement on each section, it will make it a lot easier to do the thing at the very end. Vice Chair Barnett. VICE CHAIR BARNETT: I just wanted to offer my congratulations to the GPAC and to the Staff for the tremendous work they’ve done on this project. It’s much appreciated, and I know there were many long hours and numerous meetings to get us to this point, so that’s appreciated. I certainly support Paragraph 1, Recommended Changes to the Vision and Guiding Principles. CHAIR HANSSEN: Great. If there are no other comments on the Vision and Guiding Principles, would one of the Commissioners make a motion to approve the changes to the Vision and Guiding Principles as recommended in the Staff Report? Vice Chair Barnett. VICE CHAIR BARNETT: I certainly make that motion. CHAIR HANSSEN: And then Commissioner Tavana, you had your hand up, so would you make a second? COMMISSIONER TAVANA: I second that. CHAIR HANSSEN: I’m going to ask Staff, do we need to do a roll call vote for every single one of these? Can we just do all in favor? I think it would take a lot of time to do roll call vote for everyone of these, so I’m going to ask Staff what you think? JOEL PAULSON: I’d probably defer to the Town Attorney. Obviously that being the safest, but if you want LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 56 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 to just do it by show of hands and I can reflect what the show of hands is, that might go a little faster. ROBERT SCHULTZ: I would suggest that we do it by motion. CHAIR HANSSEN: We just did the motion, but do I need to do a full roll call vote, or can we just do by show of hands? ROBERT SCHULTZ: No, we have to do a roll call. The Brown Act requires it, because we’re not in person. CHAIR HANSSEN: Okay, then I will do that very quickly. Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. Ms. Armer, you had your hand up. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 57 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 JENNIFER ARMER: Thank you, Chair. I thought I would put forward the suggestion—while this recommendation from the GPAC does kind of stand on its own—that moving forward often those motions can be a group of these items, and so you won’t have to make 123 motions, but it really can be clustered. If there are several points that a Commissioner wants to make a motion that Items 2, 3, and 4 be approved, or something like that, we could do them as groups as well to reduce the votes. CHAIR HANSSEN: That is actually my intent, when we get to the actual elements, starting with the Racial, Social, and Environmental Justice Element. There are 11 suggestions and we don’t need to vote on each one. For instance, I made my own notes and I said yes, no, yes, no, that kind of thing. We should only recommend the things that we’d like to see changed, and so we can do that as a group motion. I didn’t want to leave the Introduction, because there was a comment that came in a Desk Item from Commissioner Clark, and I believe it has been suggested by a few others, and it was about modify the section called “Los Gatos Community” to put more explanation of the origin of the Town lands coming from the Ohlone Indians. I don’t know if I characterized that appropriately from your perspective, Commissioner Clark, but I personally wouldn’t have a LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 58 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 problem with adding a little bit more definition to that section. Commissioner Thomas, you have a comment? COMMISSIONER THOMAS: I support that change. CHAIR HANSSEN: Are there any other thoughts about that, and did I characterize that the way that you wanted it, Commissioner Clark? COMMISSIONER CLARK: Let me take one more look at it, and Commissioner Janoff can go while I look to make sure. CHAIR HANSSEN: No, I don’t believe you had suggested the exact wording, it was more a general comment about adding a little more depth to that section to explain the lands had originally been Ohlone Indian land. COMMISSIONER CLARK: Yeah, I got that. CHAIR HANSSEN: Okay. Commissioner Janoff. COMMISSIONER JANOFF: Two things. I’d also like to lend my support for that addition, but in regard to Commissioner Clark’s comments, which came in late today and haven’t had the benefit of Staff going through them and categorizing them the way they have all these other remarks, because there were so many comments I’m concerned about taking the time to go through each of Commissioner Clark’s comments without the benefit of having Staff go through that process, and just am looking for guidance from the Chair on that. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 59 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, I did want to comment on that as well, although I called this one out in particular just because it was low hanging fruit. Commissioner Clark, we’re very happy that you’re sending your comments, and they were very thorough and detailed. I don’t know that they will get the attention from all of the Commission that they deserve for what we’re going through right now, so my suggestion about how to handle the balance of your comments would be to ask Staff to take a look at them and make the same determination about this is an easy one to fix as recommended, or this required discussion, and then since I don’t think that we’ll finish the entire review tonight that we would have an opportunity to consider the rest of your comments when we have a follow up meeting. Ms. Armer. JENNIFER ARMER: Thank you, Chair. I would say that with any suggestions, whether Staff has given a recommendation or not on it, it would be included as part of your recommendation to Town Council; that’s one of the benefits of you making a recommendation rather than making a final decision. If there is wording that’s suggested by one of the Commissioners, whether it’s already provided in writing or it’s part of the discussion this evening, that could be part of your recommendation, and then Staff can provide feedback on that when we take that forward to Town Council if there are any concerns. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 60 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, I understand that. What I’m saying, if I didn’t make it clear, is I don't know that the Commissioners, myself included, have had the time to really process the comments from Commissioner Clark because of all the other comments that we were processing that came in in the addendum and the Desk Item as well as in the Staff (inaudible), so I’d like to make sure that we gave it the attention before we made a determination, and even though I have a lot of faith in Commissioner Clark, I am uncomfortable with unilaterally saying just because you submitted this, even though I haven’t had a chance to really go through it, that I would recommend all your changes is what I’m saying. Commissioner Clark. COMMISSIONER CLARK: Thank you. Yeah, I completely agree, and when I wasn’t able to get them in by Monday I kind of knew that it’s not at all expected of you all to have taken a thorough look at them or anything, and so I think I’m happy during the discussion to highlight any that I’m more passionate about or that are more significant and require discussion, and I think that they could even be sent to Council separate from the Planning Commission, or that since we will probably be continuing our discussion we might be able to get some Staff input before then. CHAIR HANSSEN: That sounds like a good plan. That being the case, I did want to put that one item out there, LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 61 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 because I definitely have also heard it from a Council Member as well, and so I’d like somebody to make a motion to add some of the language about the Ohlone Indians to the Los Gatos Community section of the Introduction. Commissioner Clark. COMMISSIONER CLARK: Thank you. I move to add some language going more in depth on the origin of the lands of Los Gatos, particularly in relation to the Ohlone and the Tamien tribes in the Los Gatos Community Vision section. CHAIR HANSSEN: Okay, that sounds great, and Commissioner Thomas, is that a second? COMMISSIONER THOMAS: Yes, I second the motion. CHAIR HANSSEN: I’ll just go ahead and take the roll call vote. Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 62 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 I think we’re covered for the Introduction. Did anyone else have anything substantive that they wanted to change in the Introduction? Then we can move on to the other comments that are in the front of Exhibit 7. If you look under Item 2 on page 217, it’s revisions as a result of review by the State Department of Forestry, and Staff says included in Exhibit 8 and listed here there are quite a number of bullet points, recommendations to change. In talking with Staff the recommendation was that we do have to make these changes, because we have to have the State Department of Forestry and Cal Fire review our General Plan, and so we pretty much need to accept all those. Director Paulson, you had your hand up. Did you want to say anything more about that? Okay, no. Commissioner Janoff. COMMISSIONER JANOFF: I’d like to just say that sections 2, 3, 4, 5, 6, and 7, taking us to a modification suggested in the public comments, these are comments that are coming from experts in their field. They may be mandated, they may be otherwise informed, but to me these are people who we should be taking guidance from, and so I would be prepared to move that we accept those comments, which go through the top of page 4, as recommended by Staff. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 63 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: I think that’s an even better suggestion, because I have the same feeling that I wouldn’t want to part ways and opinion on this, especially our Staff’s recommendation but also from the outside experts, so I agree that we should do that, and so I’ll second the motion actually. Are there any comments? I only wanted to say one thing though, just because we’re not going to go over these in detail, that on Item 3 as suggested by Staff, which was referenced in the Staff Report, is to add an implementation program for a five-year Land Use Element review. We aren’t going to discuss the Land Use Element until the end of the process, but given the amount of concern in the community about the build-out numbers, I think it’s really prudent to have a five-year land use review because of the uncertainty that we have about what’s going to happen going forward. It’s already in the motion and seconded to accept all of that, but I wanted to make sure that you guys had seen that so that when we do get to land use you’ll know that we have, assuming that everyone votes for recommending it and it goes through Council, that we’ll have some way to help manage the risk. So, I will go to Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 64 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: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And then I vote yes as well. We’re going to go to page 220, the modifications suggested in public comments, and I had missed this, but I mentioned it earlier. In the Introduction there was the protect the natural resources Guiding Principle to adopt the concept of biotic communities waterways. So, Staff, do we need to vote on that in addition to what we did? I thought that was already in there. JENNIFER ARMER: I believe that is an additional change to what was drafted by the GPAC to have that done and track changes, but you actually in previous pages have… CHAIR HANSSEN: I was looking for it when we went over Item 1, and so that’s why I thought it was already adopted, but then when I went to page 220 it’s listed as a separate item from what the GPAC recommended, and so that’s why I was confused, because I thought the GPAC recommended to do that change to the Introduction as well. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 65 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 JENNIFER ARMER: As I’m reading through side-by-side what is in the GPAC recommendation and what is listed here, it does appear to be the same language, so it looks like we just pulled that out of a separate comment, not recognizing that it was already in the GPAC recommendations, so no, you do not need to make any further motion. CHAIR HANSSEN: All right, so then we should go on to the Racial, Social, and Environmental Justice Element. Commissioner Janoff talked a little bit about it, but for those of you that are relatively new to the process, the origin of the Racial, Social, and Environmental Justice Element was recognition during the pandemic. As we were meeting in 2020 we had the pandemic, and then we had all the protests from Black Lives Matter, and then Vice Chair Janoff and I said, and we brought up to the GPAC and Staff, that we had concern that we were not really addressing the full array of issues that were happening in the Town in planning for the General Plan, so we held a special meeting in July 2020 where we invited members of the public to speak to us on issues that they might have encountered related to racial and social injustice, or environmental justice for that matter, and we did have quite a number of people testify. At the same time the Town Council was also doing things. They were interviewing and doing workshops, but LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 66 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 everyone on the GPAC felt that it was important to address the racial, social, and environmental justice in the General Plan at least at a high General Plan level, and when we did that we recognized that there would be people that thought it didn’t go far enough, which we’ve gotten testimony to from the public, and that we could always do more, and there are comments in here relating to doing more, but everyone on the GPAC felt it was important to do it as an element. Even though our consultants said you could also do this as incorporating that into other sections and address it throughout the plan, we felt it was more important to call it out as a separate item. So there is on Item 9 in here the possibility of deleting the entire section or moving the Racial, Social, and Environmental Justice Element to a later section in the document. The GPAC did vote to keep it up front in the document, and obviously since we recommended doing it we wouldn’t recommend deleting it. I just wanted to give you guys the background on that element in case you hadn’t heard that when you read it, but that’s where it came from. In general we’ve gotten very good feedback from everyone in the public that this is the right direction to go. That being the case, there are also 10 through 19 that are suggestions, and what we need to get to is whether or not we want to recommend any of those specific changes as LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 67 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 part of the recommendation to Town Council. Commissioner Thomas. COMMISSIONER THOMAS: I just have a clarifying question. For the rest of these, now that experts, etc. are not necessarily suggesting these, and we are kind of going to be going through them number-by-number, do we just want to discuss the ones that we would like to adopt to recommend, and just not even mention the ones that we don’t support essentially? CHAIR HANSSEN: I’ll tell you the direction Staff gave. They said if we try to discuss every single one of them it’s going to take a really, really long time, and so maybe the thing to do would be to call out ones that we thought… I could go through each one of these and tell you that no, I didn’t want to include this because it was confusing and I don’t think that the Town has control over it, so maybe the better thing would be to focus on the ones that we thought we could add and tee those up for discussion. COMMISSIONER THOMAS: Okay, I just wanted to confirm, because I went through all of them and it’s like some I felt strongly one way or another and then some, just like the Town said, I’m neutral on, so okay. CHAIR HANSSEN: Why don’t you start and say which ones you think were worth including? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 68 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 THOMAS: I think that number 11 is worth including, that additional language. I think that number 13, I like the use of the word “increase” instead of promote. And I like 15, the “implement and require,” I like that language change. Number 18, I also support. For numbers 17 and number 19, I had some kind of questions around those. For number 17, I recommended maybe the language should be changed to “marginalized” or “historically marginalized groups” or “minority groups” to be more specific. Then number 19, I don’t think the end of that is appropriate, but I do like part of that one and I feel like it needs some discussion. CHAIR HANSSEN: People have their hands up, but on number 19 I’ll just weigh in right away and say I wrote a comment about the last sentence. I don’t know that we need to go into a lot of detail about what kind of trees in the Racial, Social, and Environmental Justice Element when we have other elements that pertain to the environment and what kind of trees that we should be putting in there, so I thought that was too specific. COMMISSIONER THOMAS: I liked the part about the habitat valuation and tree selection for the Town’s planting, but then not including the disallowing of planting of invasive species. Well, invasive species I guess is fine, but yeah. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 69 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: Well, let’s see what other Commissioners have to say. Commissioner Janoff, I think you were first, and then Commissioner Clark. COMMISSIONER JANOFF: I generally agree with the recommendations from Commissioner Thomas, except that on 14 and 15, rather than make those policies I think they have better language to be implementation programs, so I’d recommend that we act on that but we move them into the IPs. Seventeen, I wouldn’t agree with, because I think that the changes over time, unless there is some very, very broad wording that would make sense. CHAIR HANSSEN: On 15, I have a question. On 14, I had a question for you. If you read the thing it talks about working with colleges, and both private and public colleges and schools and trade schools. I didn’t see the sense in calling out a specific college being San Jose State, nor did I think that it belonged in the implementation programs, only because it was already a policy. I just think it was fine as it was. I don’t know what the reason was for mentioning San Jose State. COMMISSIONER JANOFF: If this person is really keen on developing a relationship that is a recruiting mechanism for San Jose State, maybe there is some link there, because it’s a major university in our community, so I didn’t have LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 70 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 an issue with it, but I didn’t think we needed to go into the detail here. CHAIR HANSSEN: As it stands now, it’s a policy that talks about working with different universities. Are you saying to remove it then and move the entire policy to the implementation program, or just working with San Jose State? COMMISSIONER JANOFF: If we’re going to mention San Jose State specifically, we should put it in an implementation program. If we leave it at university level, which is consistent with broad topics for the General Plan, then that’s where I would go. CHAIR HANSSEN: All right, fair enough. Then 15 is already a policy. It’s a question of whether it says, “develop and implement” or “implement and require.” It’s already a policy. Are you saying that we should move it to an implementation program? COMMISSIONER JANOFF: On 15, I think that if you’re going to require, if you’re going to go beyond developing, then there’s some more action that needs to be done around that. That felt more like it needed a little bit more of a plan-around if we’re going to go for it, otherwise I’d say don’t go that direction. CHAIR HANSSEN: Okay, fair enough. I wrote down that since we’re developing and implementing it for all time and LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 71 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 place I didn’t think it was necessary to add (inaudible), but I don’t care that much about it. Let’s see, Commissioner Clark had some comments. COMMISSIONER CLARK: I think Commissioner Thomas had one on the one that was just mentioned, if you want to say that right now. CHAIR HANSSEN: Yeah, let me go back to Commissioner Thomas then. COMMISSIONER THOMAS: I was looking at the implementation programs, because there is Implementation Program C that says it is requiring all Staff to undergo ongoing diversity and implicit bias training, but then it says that it’s supporting 2.6, which is… I’m just trying to look back and forth. They were promoting hiring procedures. I feel like 2.7 needs to be added to the list for Implementation Program C. It might have been one of those like we added a thing and it got bumped and it never got cross-checked again. CHAIR HANSSEN: I see what you’re saying. Because Implementation Program C is about Town Staff, diversity, and other training, and so to not link it to 2.7 seems like an oversight. COMMISSIONER THOMAS: Yeah, C should be 2.6, 2.7, and 1.3. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 72 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, I agree. I think what I’m saying is that I agree with what Commissioner Janoff said, but I also think that it already is an implementation program, so I think that changing the language is okay, because we’re already going to be doing an implementation program associated with it. CHAIR HANSSEN: Okay, fair enough. I don’t see a whole lot of difference between “develop” and “implement,” or “implement” and “require” as long as we have an implementation program that supports it. Commissioner Clark. COMMISSIONER CLARK: Thank you. I completely agree on that. Another comment that I have for number 15 is that I think that something else that often happens with these diversity trainings is they become very passive and something that people just click through in order to meet the requirement, and that’s something that I’d like to make sure doesn’t happen with the Town. I don't know if this goes far enough to really make sure that happens, but I thought adding a description saying like, “Require an engaging, substantive, and interactive cultural proficiency training,” or something like that could help make that clearer, and that’s in the language that I provided if you want to look at that; it’s number 3 under A, Wording Changes. But for the other ones, I agree with the others LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 73 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 that Commissioners have been in favor of. Another that I was curious about what others think is number 12, because I wasn’t really sure, and I didn’t have a problem with it, but I wanted to know what others think. CHAIR HANSSEN: Staff did not recommend it. Maybe Staff could comment on why they didn’t recommend 12. I think I know, but I want to hear it from Staff. COMMISSIONER CLARK: And I didn’t catch that, so thank you. JENNIFER ARMER: Thank you, Chair. The reason that we did mark that one as not recommended, and I think related to some of the discussion you’ve been having here as well, is I’ll remind the Commission that this is a high-level document, and so when these do start to get that specific where it’s talking about a specific score, that’s not the type of thing that would be appropriate to track a policy in the General Plan. Recognizing that having quantifiable ways of measuring some of these things is definitely important, but specifying exactly how that’s going to be done through one of the policies in the General Plan is not something that Staff would recommend. That’s how some of these policies could be implemented through programs through the Town as the Town Council prioritizes those types of programs and development, including details of Staff training and such that you were mentioning, which are LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 74 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 very important, but really are part of the development of what those trainings should be. Some of those details can be included at this level, but for this particular one we chose to not recommend approval, because of how specific it was getting. CHAIR HANSSEN: I will also go as far as to say that Implementation Program E, Social and Racial Justice Equality Survey, which is an annual survey on the successfulness of advancing social equity and diversity, I don’t think we need to have policy specifying that we need to do that, since we already have it as in implementation program. I don't know if anyone else sees it that way, but to me that is very much of an action step, assuming that gets added to the list of things that Staff is going to work on. I had a question about the one about a quality living wage, it’s 13, and my question for Staff is it says it promotes in the current policy the draft, and then someone suggested to change it to “increase or improve,” which is definitely more specific, but my question is the Town doesn’t actually have control over a quality living wage for all community members. That is in the hands of the employers, of which the Town could be one of them, but I’m not sure from Staff’s perspective if that’s something that we could really commit to and stand behind. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 75 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 JENNIFER ARMER: I’ll start, and the Community Development Director may have something to add as well. I agree that while that change in language we did mark as neutral, it is true that there is only so much that we’d be able to do in terms of actually increasing. It really would be more in the character of trying to have programs that promote it and support the increase in the ways that we have. It looks like we also have Town Manager Prevetti with us this evening, and she may have something to add to this question as well. CHAIR HANSSEN: Yes, of course, Town Manager. LAUREL PREVETTI: Thank you so much. In the past the Council has been asked to consider increasing minimum wage above what the state requires, and through its strategic priorities the Town Council has decided not to go in that direction. We typically just follow what the state is doing, but promoting these opportunities is something that is more in line with what smaller jurisdictions are able to do. The larger cities tend to be really the big leaders on this, and we typically don’t have the resources to actually implement our own living wage ordinances. That would have to be implemented by other businesses. CHAIR HANSSEN: That’s really helpful. Thank you for that. For me, I would say not change 13, just leave it where it is and (inaudible) promote. That’s my feeling on LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 76 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 it. Commissioners Thomas and Janoff, you still have your hands up, so I don't know which one was first. COMMISSIONER JANOFF: My comment is only that I think I misspoke when I said I supported number 13. I have written in my notes that I do not. We don’t really have enough control over this, so I would say no to 13. CHAIR HANSSEN: All right. Commissioner Thomas. COMMISSIONER THOMAS: I agree after hearing about local jurisdiction, so I don’t support that change. But going back to number 17, perhaps the language could be changed to “socially disadvantaged and historically marginalized groups.” I think “historically marginalized” is a large enough term that can be used that is dynamic and will change over the next 20 years, and so I think that that is more specific, but also still broad enough. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes, thank you. I just want to make sure that we link from the policy in number 12 to the implementation programs that you mentioned, Chair Hanssen, to Implementation Program E. I think that’s what we were referencing, so if we’re going to use that as a metric, it should be listed probably under that section there. CHAIR HANSSEN: That’s not a bad idea. Would that not be true about every policy though? That’s the only thing. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 77 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 TAVANA: I’m not one way or another, but I did notice that it does (inaudible) so if you want to use that as a way to make sure it is accounted for in the future. Then, also in number 14 I wouldn’t support adding San Jose State University and leaving the language as is. Everything else I’m rather neutral on. CHAIR HANSSEN: That makes sense. I’m just going to go back to that thing you brought up, and I didn’t want to belabor it, but it’s in a list of policies under RSEJ-1, which is, “Support equity inclusion and access to opportunities for all community members, employees, businesses, and visitors.” There’s service delivery, community budgeting, institutional bias, housing affordability, Town diversity, welcoming town, and quality of living wage, so I think where I was going with it is that if we’re going to have a survey, it would be covering a lot of these issues, not just whether we’re a welcoming town or not. If we’re going to do a survey, we should be addressing more than that issue. COMMISSIONER TAVANA: That makes sense. CHAIR HANSSEN: Then under one of these things that we’re trying to promote, to say we’re only going to survey on that one didn’t make any sense to me. Does that make sense? COMMISSIONER TAVANA: No, it does. It does. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 78 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: I just think we don’t need to do number 12 at all, unless we want to put somewhere else in the policies as a general thing, make sure we have an implementation program, but we already do, so I think we would be covered by the fact that we already have that. Are there any other ones we need to discuss? Commissioner Thomas, since you started this discussion, let’s maybe go back and recap the ones that we’re still thinking that we should recommend for changes and see if we can get to a conclusion. COMMISSIONER THOMAS: Do you want me to do this in a motion? CHAIR HANSSEN: Yeah, why don’t you do a motion? COMMISSIONER THOMAS: Commissioner Clark has her hand raised, so I think she maybe wants to add something before I summarize. CHAIR HANSSEN: Yes, go ahead, Commissioner Clark. COMMISSIONER CLARK: Thank you. I just have a quick question. Before we did this, if I had a couple of changes that I would like to see that are not in these public comment summaries, would I want to make sure that this is included, or would we want to do that separately? CHAIR HANSSEN: The issue that I had when I started with this is that you could tell us about it, but I’m not sure if everyone would have given it the thought that we LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 79 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 need to be able to process it, that’s all. But we can try that if you had specific language that you wanted to put in. We can try and see if that resonates with the Commission. COMMISSIONER CLARK: Could I do that right now? CHAIR HANSSEN: Yeah, why don’t you go ahead? COMMISSIONER CLARK: Okay, thank you. There are two things. One is I think, like Commissioner Janoff said, we’ve learned a lot since this was created and then also past that amount of time, especially about equity and equality, and I didn’t think that the definitions of equality and equity in the key terms accurately described these concepts. I talked to some diversity experts who I get to work with too and came up with some alternative definitions. For equality, instead of saying, “The state of being equal, especially in status, rights, and opportunities,” it would say, “Equal opportunity levels of support and allocation of resources regardless of different circumstances.” For equity, instead of stating, “Fairness or justice in the way people are treated,” it would state, “Differing allocation of opportunities, levels of support, and resources based on each person or group’s circumstances or needs, thereby reaching an equal outcome.” And if that makes sense to people, then maybe we could do it now, but LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 80 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 if not, I completely understand if people need to stay with that for longer. CHAIR HANSSEN: I can speak for myself. I reviewed the definitions and what you suggested I thought was reasonable and was in line with… I don't know how many of you were able to attend the community meeting on March 31st on Zoom that was related to the Housing Element. They had a woman come and speak and she did a slide on equity versus equality and what the difference was, and it was a cartoon graphic that I thought was pretty clear to explain the differences and she talked about that, and so I thought your explanation was right in line with that, but I don't know if others had a chance to read through it. I will go to Commissioner Janoff. COMMISSIONER JANOFF: I had a chance to read through Commissioner Clark’s comments fully, and I do support the change to these definitions. CHAIR HANSSEN: Okay. Commissioner Thomas. COMMISSIONER THOMAS: I also support, so I can include that in my motion. Was there anything else that Commissioner Clark wanted to say in addition? COMMISSIONER CLARK: Thank you, yes. I have one other, and it’s an implementation program that I think we should add. If you go to the policy RSEJ-4.1, it’s a policy for acceptance of government-issued vouchers. I’ve worked very LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 81 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 closely with the unhoused community and with people who are on these vouchers and one of the biggest challenges that people encounter is not being able to use them, and so I was really, really happy to see this policy and excited about, but it is such an action-oriented one that I felt like it needed an implementation program to actually happen. I think it’s one that would have a really big impact, and so I think it should be added as an implementation program for RSEJ after Program K, which is Community Engagement, and I think that the program should be implemented between 2020-2025, and I think it should also include the EJ icon for the cross-cutting icons under it. CHAIR HANSSEN: I think that’s reasonable. I’m just going to ask Staff about it. We had a long discussion at the GPAC about the huge volume of implementation programs that we have and whether or not they would ever really happen, so I’m just going to ask Staff. I don’t have any problem adding it in, and then ultimately the way this will work is the Town Council is the one that will prioritize what gets worked on in what year because of their strategic priorities session, and so it comes from the General Plan and other sources what gets onto the plate. So I don’t have a problem with adding it, but I just want to make sure with Staff it is that something reasonable that we can add? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 82 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 JENNIFER ARMER: Thank you, Chair. I think you’re on point in terms of being cautious about adding additional implementation measures, because really to make those happen it will have to be prioritized by Town Council at their annual priority setting. I will also share the microphone with Town Manager Prevetti, because she has turned on her camera again. LAUREL PREVETTI: Thank you. I just wanted to note that voucher programs are already in effect, Section 8, and obviously there’s not enough vouchers to meet the need, and so I don't know if the Town can actually effect this very important program, because it’s ultimately up to the individual landlords whether or not they accept it. We could certainly add it and then do some more Staff analysis. I think our Council might be a little bit cautious about adding things that we really can’t impact, so it’s going to take a little bit more work, and I don't know if our housing consultant would be able to really help do anything more than what’s already being done. But we’re happy to add it if that’s the will of the Planning Commission, and then we can do some more research so by the time we get to Council we can answer their questions. Thank you. CHAIR HANSSEN: Go ahead, Commissioner Clark. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 83 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 CLARK: Thank you. Can I make a clarification for it? I should have further described this policy so you can immediately flip to it, but it’s government-issued food vouchers, and so this would be things like accepting electronic benefits transfer or EBT and SNAP vouchers at farmers market and local food venders. I’d be curious to hear if that changes the answer or if you have any more comments. LAUREL PREVETTI: I think our farmers market already accepts the cards, but that’s something we can certainly look at, because I think that is consistent with our current practice of really supporting those who are trying to feed people in need, so we’ll look at that a little bit more. Thank you for the clarification. CHAIR HANSSEN: Other comments? Commissioner Thomas, are we going back to making a motion? COMMISSIONER THOMAS: Yes. I would also like to add that I do think that making an implementation program for this does make sense, specifically because the Town provides business licenses, and so I don't know if that could be like changed within an ordinance that new vendors have to… I don't know if that’s legal or something, but looking into the fact that new vendors can be required to accept certain forms of SNAP or EBT or whatever. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 84 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: I would suggest that if we’re going to add it as an implementation we word it as like a research- oriented program. Not like a commitment to do it, but rather we research the viability of what we can do to increase support for acceptance of these vouchers. COMMISSIONER THOMAS: Exactly, exactly. Thank you. So, I will start with that. I move to approve or forward the following modifications suggested for the Racial, Social, and Environmental Justice Element: to add an implementation program for RSEJ-4.1 to do some research on coordinating and promoting the acceptance of government-issued food vouchers. I also move to make the changes to the definitions that Commissioner Clark submitted earlier for the key terms of “equality” and “equity.” I also move to approve Policy Change 17 with the addition of adding “historically marginalized” as language to Policy RSEJ-6.2, and then also approve numbers 11, 15, and 18. I believe that summarized everything. CHAIR HANSSEN: Did you want to do anything more on 19? COMMISSIONER THOMAS: I don’t think so, because it’s an implementation program, unless someone feels really strongly. CHAIR HANSSEN: Okay. I didn’t. I thought it was fine the way it was, and like I said, I don’t necessarily think LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 85 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 we need to go there in terms of lots of detail about what kind of trees when we’re in the Racial, Social, and Environmental Justice Element as long as we have policies about what kind of trees we put in Town. Commissioner Janoff. COMMISSIONER JANOFF: I’ll second that motion. CHAIR HANSSEN: Any other comments before we vote? What we will be voting on after we finish taking comments would be recommending approval of the Racial, Social, and Environmental Justice Element with the changes incorporated and suggested by Commissioner Thomas. Vice Chair Barnett. VICE CHAIR BARNETT: I support the motion except for the wording of the key terms of “equality” and “equity,” and on those topics I haven’t had an opportunity to see how those terms are used throughout the General Plan, and I’m reluctant to approve those changes without having done so. CHAIR HANSSEN: Okay, fair enough. That’s a valid comment. Staff, when we were talking about this earlier today in terms of process and procedure, if there’s a Commissioner that has an issue like that should they vote no or vote yes, not feeling comfortable with that comment, or maybe abstaining? What would be your suggestion on how to handle it? JOEL PAULSON: I’m happy to start, and if Ms. Armer has anything to add, that’s fine as well. I think probably LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 86 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 for this type of motion that Vice Chair Barnett could vote yes, but note the objection to the definitions at this point, and that way we could move forward. There will be verbatim minutes of all of these meetings provided as well, and then ultimately if this moves to the next meeting, if there are some additional comments after his review of those terms throughout the General Plan, if he had different thoughts he can always provide those in writing and those would be part of the public record. CHAIR HANSSEN: That sounds like a plan. Does that sound agreeable to you, Vice Chair? VICE CHAIR BARNETT: Yes, that’s acceptable. I’d make a point that I request my comments be considered by the Council. CHAIR HANSSEN: Okay, that’s fine. Do we have a second? JOEL PAULSON: Commissioner Janoff already seconded the motion. CHAIR HANSSEN: Oh, yeah. Sorry, I got distracted on the second. So, we have a motion and a second, and then I’ll keep going in the same order. I’ll start with Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: And then Commissioner Tavana. COMMISSIONER TAVANA: Yes. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 87 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 then Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes, with a recommendation that the Council consider the terms “equality” and “equity” after further review by members of the Commission, and that I will be happy to supply further comment by written response after my review. CHAIR HANSSEN: That sounds great. And then I vote yes as well. I did have a chance to review the definitions, so I’m okay with that whole thing. So, we’ve gotten through the Racial, Social, and Environmental Justice Element. The next element in order of the plan is actually the Land Use Element, so we’re going to skip that, and we’re going to skip the Community Design Element as well, because Land Use and Community Design go hand-in-hand. The next element will be the Mobility Element. Just for background on the Mobility Element, Staff, correct me if I’m wrong, I think the Mobility Element was one of the ones we might have reviewed five times. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 88 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 JENNIFER ARMER: That was definitely one that had multiple reviews and total reorganization as well to really show the new priorities that the GPAC felt were important, and emphasizing certain topics and their importance by bringing them up to the front. CHAIR HANSSEN: Then we also had quite a number of comments from Parks and Public Works pertaining to mobility in particular, because that’s right in their wheelhouse that we already agreed to take on. There are about 10-15 comments on the Mobility Element, and Staff did say: the first one was recommended; the second one, outside of the purview of the Los Gatos General Plan; the third one, not recommended; and the fourth one, not recommended. We could go through the same process, which is maybe if one of you felt comfortable enough about saying what you would recommend and incorporating those changes we could go from there and then not have to talk about the other ones. Commissioner Janoff. COMMISSIONER JANOFF: I was going to piggyback on that comment by saying there was no recommended change to the General Plan with the exception of three items in my reading, 62 and 63. We don’t want to get this level of detail in a goal or a policy, but if it seemed reasonable to study VTA, I’m not sure what queue jumping is, but if these are fine points that need to be studied in order to LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 89 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 improve VTA transportation, then I would recommend that they be added to or become an implementation program. I don’t feel strongly about them one way or the other, but those look like they could take some action. Then the only other one that is recommended is number 67, which is to add a definition of traffic impact policy to the glossary, so my recommendation would be maybe two implementation programs, or one for 62 and 63, and yes to number 67. CHAIR HANSSEN: Just to comment on 62 and 63, if you read the comments from the EIR, VTA wrote a pretty extensive thing when it was related to traffic. Obviously, their priority is making sure that the buses get through, and so they had a number of suggestions on how we could prioritize bus traffic, so I would completely agree with you. I actually wrote in my comments that 62 and 63 could be implementation programs, because it’s not even clear that they’re feasible for the Town, and so we would have to study them to see if that was possible, and so I agree with you on that. In addition to the not recommended ones, 64 and 65 were clearly designated by Staff as being part of the Bicycle and Pedestrian Master Plan, not in the General Plan. So while we could certainly do these things, it may LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 90 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 or may not make sense to change the draft of the Mobility Element. Let’s see, I also have Commissioner Thomas and Commissioner Clark that have comments, so go ahead, Commissioner Thomas. COMMISSIONER THOMAS: Thank you. I agree with the comments so far about 62 and 63 being added as one implementation program. I looked over the implementation programs, but I’m happy to know if Staff thinks that those are already covered somewhere, but I don’t believe that they are, so I’m happy to add that. Then the second thing was I also support number 67. I did have question for Staff about when the Bicycle and Pedestrian Master Plan would be updated, because that was recommended for 64 and 65. JENNIFER ARMER: I believe the Bicycle and Pedestrian Master Plan was just updated in the last few years, but we do have WooJae Kim from Parks and Public Works here and he may be able to give you a specific date. WOOJAE KIM: Good evening, Commissioners. WooJae Kim, Town Engineer. The Bicycle and Pedestrian Master Plan was updated in 2020, so we would have to further investigate when the next round of updates would need to be, and we could definitely work with our Complete Streets and Transportation Commission and the Town Manager’s Office and LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 91 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 CBD to figure when the next update needs to be, but I suspect it won’t be for another two or three years, so I hope that answers your question. COMMISSIONER THOMAS: Yes, that does. Thank you. CHAIR HANSSEN: Just to the question you’re asking, Commissioner Thomas, I would say that since you sat on the GPAC with us, although I think it’s really important that those particular corridors for Complete Streets are some of the most important ones and they would be talked about in the Community Design Elements in terms of they’re like the main street in a couple of our Community Place Districts, I think it would be too much detail to put in the General Plan to call out specific streets for Complete Streets, and it might already be in the Bicycle and Pedestrian Master Plan, because there is a Complete Streets policy that the Town has, it may already be in there, but I wouldn’t add it into the General Plan, so that’s my opinion on that. Commissioner Clark, did you have comments or questions? COMMISSIONER CLARK: Yes, I agree. I think I’d like to see 62 and 63 as implementation programs. I hear a lot about VTA and I think collaboration with the VTA is really important, and I’m involved with them separately, and it feels like there needs to be more merging of the worlds and like it’s really possible, so I think that would be great. I think that 67 looks good. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 92 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 I had one thing I wanted to bring up about Implementation Program D, the community shuttle system. I felt like the focus on parking mostly focused on accommodating more cars and making sure that there’s more parking, and Staff and I think that there wasn’t as much focus as I would theoretically like to see on reducing the need for parking, and I think that the community shuttle system could be a really interesting way to do this. The only thing I wanted to bring up for this is I definitely would not expect it to be implemented before 2026, but I would like to see work on it happen before then because of how long this program might take, and so I wanted to include for Staff and Council to consider moving the timeline up for the community shuttle system. CHAIR HANSSEN: I think that’s a reasonable request to consider moving up the timeline, especially when we see that there’s going to be big, huge impacts from greenhouse gas from a transportation perspective, irrespective of the fact that it happens in every General Plan. With planning for 2,000 units, it’s going to be an issue, so I don’t have a problem with recommending moving up the priority of it. COMMISSIONER JANOFF: Could I just ask a clarifying question? The implementation program is already 2020-2025, and I was just confused by your comments, Commissioner Clark, because you’re saying, if I’m reading it correctly, LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 93 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 you want the implementation timeline to change from 2026 to 2025, but it already is, I think. COMMISSIONER CLARK: Yeah, on mine it shows it under 2026-2040, and if it isn’t, if it’s on the earlier one, then I think that’s great. JOEL PAULSON: Just for clarification, it is currently marked in the 2026-2040 timeframe. COMMISSIONER JANOFF: Okay, so I have an older version. CHAIR HANSSEN: Okay, so then your recommendation would stand to move it into the 2020-2025 priority. COMMISSIONER CLARK: Good catch, Commissioner Janoff. Thank you for bringing that up. CHAIR HANSSEN: I do have a couple of questions to ask. One was on 58, which was brought up by one of the speakers, make downtown streets bike and pedestrian only, and while you guys said not recommended, is there any merit to studying to make it less car dependent, or do we have that covered in another implementation program? LAUREL PREVETTI: I’ll start, and I’m sure Staff will add on. We have in our Capital Improvement Program a downtown streetscape project that is a placeholder really for after the pandemic ends and as we start getting more revenue from different sources, so that’s really part of a comprehensive evaluation of our streetscape and looking at LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 94 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 redesign, and that’s already in our program. I don’t think we need to add it, because I think there’s already interest in making sure that we can widen sidewalks and make that major street more accessible for all modes of travel, so it’s something that’s actually already in more a short-term work plan; we’re just waiting to get enough resources to hire a landscape architect and help us design it. CHAIR HANSSEN: I kind of thought that from the General Plan Advisory Committee discussions that we had clearly identified things in that realm as what we needed to do, not just for downtown but for some other places, to raise the safety and usability for all modes of transportation, not just cars, so I thought we were covered. I only wanted to bring it up, because we had one of our commenters bring it up and it was on this list here even though it wasn’t recommended, and so I understand that now. I had another question about number 60, and Staff did respond that adding off-ramps from Highway 85 to Winchester was outside of the purview of the Los Gatos General Plan, but in the past I have seen where we did say we would coordinate with regional agencies if we thought it was our priority, and I’m not saying it is, I’m just asking the question. Is that something we should consider to lobby for? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 95 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 LAUREL PREVETTI: The needs of the highway system in Silicon Valley are so great that it’s just not going to happen, quite honestly. There’s already a study going on about Highway 85 and how to improve efficiencies, and I think we’re even having difficulty coming to agreement about how to make that artery more effective and perhaps introducing a transit. There’s so much that we have that’s needed. This would be one of those action items that we just would not be able to implement. CHAIR HANSSEN: Got it. It’s not even clear how much difference it would make anyway, but I wanted to at least ask the question so that we can say that we asked the question. One last question I had was about the paid parking. We are silent in the General Plan about paid parking, and there was a parking study done and I understand we’re implementing on that, and my only question for Staff is by being silent about paying for parking are we putting ourselves in conflict with current policies, or is it better to just stay silent about it? LAUREL PREVETTI: The Town Council is already moving forward on paid parking, and that’s actually on the agenda for next Tuesday, so there’s no reason for the 2040 plan to get into that level of detail. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 96 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: So there won’t be any conflict, because we’re not saying that you shouldn’t charge for parking either, we’re just silent about it, so there’s no conflict. Okay, good then. I’m good. That was all my questions, so then I think we had a motion from Commissioner Janoff to adopt 67 and 62 and 63 as implementation programs, is that correct? COMMISSIONER JANOFF: As one program. CHAIR HANSSEN: As one program, yeah. COMMISSIONER JANOFF: I just wanted to note that Commissioner Raspe had his hand up a little bit ago. CHAIR HANSSEN: I’m sorry; I missed that, so Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair. Actually you asked the question I had with respect to the parking studies, so thank you for asking, and my question has been answered. Thank you much. CHAIR HANSSEN: So we have a motion from Commissioner Janoff, but Commissioner Thomas and Commissioner Clark have their hands up. Did you have more comments before we do the second? We can do that. Commissioner Thomas. COMMISSIONER THOMAS: I do. I also wanted to, if Commissioner Janoff is okay with it, change Implementation Program D to 2020-2025, to that timeframe, and include that in the motion. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 97 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 JANOFF: Yes, that’s acceptable to the maker of the motion. CHAIR HANSSEN: So is that a second, Commissioner Thomas? COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: All right, and then Commissioner Clark, did you have anything else now that that was added? COMMISSIONER CLARK: That’s exactly what I was going to say, thank you. CHAIR HANSSEN: So then let’s go ahead, unless anyone has any other comments on mobility or anything else that they recommend changing, and take our roll call vote, and I’ll start with Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 98 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 So we’ve gotten through the Mobility Element. Let’s at least start on the next one. It is 10:47, and so we’ll see where we are at 11:00 and decide whether we should keep going or we should adjourn to another meeting. I think that is the point where I had thought that we would at least decide whether we would keep going, but I don’t see any scenario where we’re going to finish all of the elements tonight, but I think we could probably get the next element. Ms. Armer. JENNIFER ARMER: I just wanted to clarify that if the discussion is going beyond 11:00p.m. we will need a motion, specifically to continue the meeting past that time. CHAIR HANSSEN: There weren’t an incredible amount of changes. Well, there actually were quite a few, but let’s start on it and then at 11:00 o’clock I’ll stop if we’re not finished with the Public Facilities, Services, and Infrastructure Element. I’ll stop there and then we’ll decide if we continue to finish that or defer to the next meeting. The Public Facilities, Services, and Infrastructure Element, there are quite a number of changes in my review, but I thought most of them were pretty reasonable, but we ought to discuss what we wanted to add. I had a question on 69, which was considering the following additions. I don’t know that I even knew what MWENDO is. I tried looking for LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 99 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 it and I didn’t see it in the General Plan, but maybe I missed it. JENNIFER ARMER: I believe that may be indicating Water Efficient Ordinance. Maybe it was a typo in their letter. CHAIR HANSSEN: So it came from Valley Water? JENNIFER ARMER: I can look up what the wording of that policy is and see if that makes sense. CHAIR HANSSEN: Because they had four different suggestions. It was consider adopting the MWENDO; encourage non-potable reuse of water, like gray water and rain water, which we don’t have in there now; require dedicated landscape meters where applicable; and require installation of separate sub-meters in each unit of multi-family developments within commercial buildings, and you guys had said on the lot of those that you were neutral. JENNIFER ARMER: This is adding a lot of detail to a goal. The goal is kind of the highest level when you’ve got goals, policies, and implementation measures, but if that additional detail is something that the Planning Commission feels is important to recommend, it could be part of that. I do think they may have intended that to be water efficient landscape, but we could look into that. Clearly they are talking about water efficiency. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 100 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: You made a good point that that goal is about water efficiency overall and how far in the weeds are we going to get in terms of policies. The Town Manager has her camera on. LAUREL PREVETTI: Thanks to the teamwork of the participants that are watching the meeting, it is the Model Water Efficient New Development Ordinance. CHAIR HANSSEN: That makes sense to me, because of what else is covered in there, but like I said, I didn’t see it. I tried flipping through them and it wasn’t in the General Plan right now, so I thought it was probably in something else that I hadn’t seen or had missed. Commissioner Janoff and then Commissioner Thomas. COMMISSIONER JANOFF: I didn’t have an issue with including these, but I wouldn’t modify the goal EFS-1 if they should be incorporated under some of the policies without substantially changing what the GPAC worked really hard on refining. I could keep them or leave them out, either way. I thought number 70 was a good recommendation. I agree with all those that are not recommended. The question that I had with the two or three items that refer to the connection between Los Gatos-Saratoga Rec, we didn’t really get into that level of detail specifically saying who is providing child care, so I would think that those kind of comments, that would be 72, LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 101 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 possibly 73, possibly 74, is too far into the weeds and things might change over 20 years and who knows if LGS is going to still be around. We don’t want this to be dated at any point if we can help it, so I would not recommend those, even though Staff is recommending… Well, you’re recommending something else with regard to the figure; that’s fine. Number 75, we had a lot of input from the Senior Services Commission, anything related to senior, so as with many things, the GPAC deferred to those who were experts in their area. If we didn’t get this comment from the Senior Services Commission, I’m not sure, so I put no against that one. CHAIR HANSSEN: I think you have a good point on that. I mean, we had them come to our meeting, they sent in written comments, and this sounds like it came from LGS Recreation saying we’re doing all this stuff and we’re not being recognized in the General Plan is what I am getting out of the comments. COMMISSIONER JANOFF: That’s how I read these several comments and I don’t think the General Plan is the place for that, so I’m just cautioning against that. Number 76, once again we’ve got an acronym that hasn’t been spelled out, or at least I don't know what CPTED means. CHAIR HANSSEN: It’s in the General Plan right now, by the way. Is that in their definitions? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 102 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 JENNIFER ARMER: Yes, it’s Crime Prevention Through Environmental Design, but it is defined. COMMISSIONER JANOFF: I would say no on 77, “Encourage the private facility or community center to host performing arts events.” I don’t think we need to add “or community center,” especially since we don’t have one, I don’t think, at the moment. Number 79, if we want to do more for the plant-based diet contingent in Town, then maybe, but how would we implement that is my question. Who is adding the trees, and if it’s routing trees to Town property, what Staff is going to maintain and what do you have to do to keep the trees working? That seemed like a very specific thing and a great idea, but not so easily implemented. That’s all I have. CHAIR HANSSEN: Did you have a comment on 80? They wanted to add dark sky conservation and healthy ecosystems to the existing implementation program for outdoor lighting. COMMISSIONER JANOFF: I was okay with adding that. CHAIR HANSSEN: I was as well. Let’s see, I’m not sure between Commissioner Thomas and Commissioner Clark who had their hand up first. Let’s go with Commissioner Thomas. COMMISSIONER THOMAS: Thank you. In general I agree with Commissioner Janoff’s comments, so thank you for that. For number 69, I believe that we need to add a definition LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 103 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 “recycled water” to the list of definitions, because when I read the goals I felt like gray water, rainwater, and storm water collection were covered in it already, but I don't know, so I feel like we just need to add that definition. What do we mean by recycled water? Gray water is typically what we mean by recycled water, so if that could be added to clarify, I think that would address some of the issues with number 69. I also very much support number 80, but I don’t feel super strongly about the other parts. CHAIR HANSSEN: Commissioner Clark, and then Commissioner Tavana. COMMISSIONER CLARK: Thank you. Yes, I also generally agree. I think for number 69 that these can be fit under some of those policies under the goal. For example, for “encourage non-potable reuse of water,” I think that could fit under Policy 1.5, Sustainable Water Use, and so I think that that’s probably something to explore with that one, but I don’t think that they should be added as their own policies. I agree with the stand the Commissioners have taken on the other ones. For number 76 I think definitely no for that one. I think that that wording was there for a reason and I wouldn’t support taking that out. Then for number 79, the fruit trees, I want to ask Staff, because they were neutral on it, if that is LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 104 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 possible? I agree it’s a great idea, but I also have a hard time seeing how that would be implemented and maintained. I have a second question for Staff. I was wondering for number 80 where it adds dark sky conservation, is this the only place in the General Plan where this would be implemented? It would also go in like Open Space and Parks or something, right? JENNIFER ARMER: Yes, dark sky is included in some of the other sections. In Design of New Buildings, for example, we’ve got at least one policy that does include reference to dark sky. CHAIR HANSSEN: I think Community Design for sure. JENNIFER ARMER: Yeah, there definitely we added it to a policy specifically in response to those public comments. In response to the question about the fruit trees, the idea of having additional fruit trees in Town, we’re neutral on that. It was one of the less specific recommendations or comments, so how exactly I think the implementation of that is, it’s something that’s added to an existing policy. They talk about possibly under Section 6.13, so a little bit of a question there as to how you might see implementing that, but I could see it being part of if there were some local farms activities. We definitely like to support the Town’s history of the orchards in Town. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 105 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 It looks like Community Development Director Paulson has something to add. JOEL PAULSON: The first thing I’ll add is it is 11:00 o’clock. The second thing I’ll add is that we’ll look into that more. Ultimately, that’s going to be a resource issue. We’re not going to be looking to create orchard facilities or some of the farming activities like they’re proposing to do on the North Forty where they’re going to have someone actively monitor that. That would be problematic, but we’ll get some more information before we come back for the next meeting. We will need a motion to extend past 11:00 to a specific time, and then we can see where that goes. CHAIR HANSSEN: Should I make the motion or should I ask someone to make the motion? What I’d like to suggest to the Commission is that we try to finish this particular element, and then adjourn to another meeting. Do we need to do the date certain right now? JOEL PAULSON: You don’t need to do the date certain now, but we need to do it before you close this evening. CHAIR HANSSEN: Okay, got it. JOEL PAULSON: First motion is to extend it. CHAIR HANSSEN: And it has to be a specific time? JENNIFER ARMER: And you then would have the opportunity when we get to that time to extend it further, if you so wish. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 106 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: I’m going to just suggest 11:30, but if we finish this element before that I would want to stop and get to the next meeting, so that’s my proposal. Commissioner Tavana. COMMISSIONER TAVANA: I move to extend the meeting till 11:30. CHAIR HANSSEN: Okay, thank you. Is there a second? Commissioner Raspe, it looks like you’re seconding? COMMISSIONER RASPE: Yes, I’ll second that motion. CHAIR HANSSEN: All right, and then we will take our roll call vote. Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. So then we also had the hands up from our Staff. Mr. Kim, did you have something you wanted to say? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 107 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 WOOJAE KIM: Yes, thank you, Chair. Regarding the goal for the fruit trees and so forth, I definitely believe more evaluation analysis might be needed, getting our Town Arborist involved. This element is under Public Facilities and Services, so I think if we’re talking about planting fruit trees on public lands we would definitely need to evaluate that further to see if we could maintain such trees and if those would be ideal in public spaces. Also, a separate comment about gray water. Again, in public facilities and maybe parks we do have to evaluate if that’s even feasible or not, because I know there are purple pipes of recycled water, that’s a possibility, but that is not even a feasible option at this time because of lack of quantities of recycled water available out there in the county. CHAIR HANSSEN: That’s very helpful. So some of the things that are suggested in 69, what I’m hearing, are not really practical. Let’s see, I have a few hands up. I’ll go with Commissioner Raspe, because he’s waving at me, and then we also have Commissioner Tavana, who had his hand up before, and then Commissioner Thomas. COMMISSIONER RASPE: Thank you, Chair. First of all, I agree generally with all comments made, especially with respect to some comments noting that some of these LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 108 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 notations may be dated, so we should be a little careful in the language that we include. Specifically I want to talk about the last bullet point in Section 69 requiring installation of separate sub- meters in multi-family developments. I think it’s inferred but not stated that that should be applicable to new developments. I don’t think we want to create a retrofit obligation to our existing units, so I think we’ll need some clarifying language in that bullet. CHAIR HANSSEN: And that’s only if we choose to recommend it, period. It is a choice to decide not to recommend it, so I appreciate that. I would add on that the one before it requiring dedicated landscape meters where applicable, the applicable would be the big question, because to take on having to retrofit the entire Town with dedicated landscape meters, I can’t speak for everyone, but we have a San Jose water meter at the street and if I want to see what our water usage is I just open the thing up and I can see what our water usage is. To do that seems like a lot to take on, and I’m not sure where it would take us. Commissioner Tavana. COMMISSIONER TAVANA: Thank you, Chair. Just a quick two comments actually. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 109 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 Speaking to comment 69, I wouldn’t recommend any list changes. I’d like to keep the language as is currently written. Secondly, in terms of the implementation programs, this is a new comment I wanted to throw out there and that I would like to see personally move up the implementation timeline for Program C to 2025. There’s a lot of talk in Town right now about this notion of artificial turf being somehow more environmentally friendly than real grass. I think we should have this study happen sooner rather than later, in my opinion. CHAIR HANSSEN: To decide if that’s the case? I don't know if you saw that there were multiple comments in the Staff Report totally advocating for stopping any more artificial turf in Town, period, and including maybe taking out the stuff that’s at the Los Gatos Creekside Park. COMMISSIONER TAVANA: That’s great news. I can tell you the windfall from the North Forty, there is budget, and all the local schools, Van Meter, Daves, they’re going to put in artificial turf for some reason at these elementary schools, so needless to say, I would like to see this study happen sooner rather than later. CHAIR HANSSEN: So you’re adding in a recommendation that isn’t on the list that we have here to move up the priority of studying the artificial turf? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 110 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 TAVANA: Right. CHAIR HANSSEN: Okay, so duly noted, and we can decide if we can move forward with that, but that makes sense. Were there other comments that you had? COMMISSIONER TAVANA: That was it. Thank you. CHAIR HANSSEN: I lost track of who was next, so let’s go with Commissioner Thomas, and then Commissioner Janoff, and then Commissioner Clark. COMMISSIONER THOMAS: Thank you, Commissioner Tavana, for that comment. I do agree that Implementation Program C needs to be moved up, and maybe within that we need to have alternatives to just regular sod essentially also, because that is not going to be the good solution moving forward water-wise either, so maybe this implementation program needs to be changed to just studying what the appropriate ground cover needs to be in places where turf is needed, then that would cover the use of artificial turf but also hopefully cover some more sustainable and environmental and (inaudible) alternatives. CHAIR HANSSEN: Yeah, that’s related to the water. COMMISSIONER THOMAS: Yes, and people. I think that that’s some of the concern of artificial turf. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Completely in agreement with what was just discussed on Implementation Program C, and I LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 111 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 am also in agreement with Commissioner Tavana that we should not incorporate any of the changes recommended in 69. It seems like the more people from the Town speak, the less likely these are viable recommendations to implement, so my recommendation would be to not incorporate any of 69 to follow on Commissioner Tavana’s recommendation. CHAIR HANSSEN: The good news is that by keeping it general it doesn’t preclude the Town from pursuing any of these avenues under the guise of water efficiency, because that is our goal. How we go about doing it is still open. That makes sense, so I like that as a resolution. Let’s see, Commissioner Clark. COMMISSIONER CLARK: Yes, I agree about Implementation Program C moving up the timeline. I also like Commissioner Thomas’ change to also studying what the appropriate ground cover needs to be, and I agree on number 69. For number 79, the fruit trees, I would like to include a recommendation to Council to explore including this in the plan. I don’t think that we should even actually include it, but I think that that might be something worth looking into in the time between now and their review. CHAIR HANSSEN: Would you want to have an added implementation program to study the feasibility of doing it, or just send it off to Council saying that it sounds like a good idea but we’re not sure where to put it? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 112 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 CLARK: I definitely don’t think we should add it as another implementation program. CHAIR HANSSEN: Because we have a hundred and some. COMMISSIONER CLARK: Yeah, it seems like we have enough work to do. I think since we don’t even know if it’s feasible, that’s another reason not to put it as one, but I think it is something worth looking into and then considering including in the General Plan if it does turn out to be completely feasible. CHAIR HANSSEN: Great, got it. Commissioner Janoff. COMMISSIONER JANOFF: I think one thing we want to keep in mind is that the Housing Element gives us an opportunity to get more detailed about how we want to construct neighborhoods and affordable housing that supports the residents. We had a great piece during our study session last week. What was it called, agri-hood? It was a low-income neighborhood built by Core, and it included a whole agricultural garden and whatnot to support the residents. I think this would be a great idea to include in the Housing Element when we get there to incentivize sort of the holistic affordable housing, low- income housing concept, so don’t loose it. I don’t think this is the right place for it. Put it someplace where it can actually do what I think they’re getting at, which is we’ve got this opportunity to grow food for our community. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 113 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 Let’s put it where it makes more sense to do that, and maybe it winds up being a public/private partnership or something that’s a requirement for developers, I don't know, but don’t loose it, but not in this section. CHAIR HANSSEN: Okay, sounds good. Commissioner Thomas. COMMISSIONER THOMAS: I agree, and I think that it can even be expanded to not just fruit trees, but in general just everything edible. I feel like I’m ready to make a motion if people don’t have a ton of other comments. CHAIR HANSSEN: I think we’re fine. I just wanted to double check, because Commissioner Janoff might have mentioned it earlier, but number 70, since Staff was recommending it, would that be part of your motion to include it? COMMISSIONER THOMAS: (Nods yes.) CHAIR HANSSEN: Okay, go ahead. COMMISSIONER THOMAS: I move to forward the Public Facilities, Services, and Infrastructure Element with the following changes: add a definition of recycled and reclaimed water; change Implementation Program C up to the 2025-2025 timeline and expand it to looking at artificial turf alternatives and groundcover alternatives; accept LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 114 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 number 70; accept number 80; and I believe Commissioner Janoff also said number 73. CHAIR HANSSEN: Okay, that’s your motion, and do we have a second? Commissioner Clark. COMMISSIONER CLARK: I second. CHAIR HANSSEN: I think we’ve made a ton of comments, so I will go ahead and take the roll call vote, and I’ll start with Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. So we’ve gotten through several elements, and I’m suggesting that we will stop here and pick up with Open Space, Parks, and Recreation at our next meeting, which will be a date certain. Staff had polled all of us to determine a couple of possible date certains. One date certain was tomorrow. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 115 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 That is absolutely a non-starter for me, and I don't know if there are other Commissioners that can’t do tomorrow. The other date that they have told us about was the 20th, which is a week from today, and we would definitely not have, I believe, two Commissioners for that. When talking with Staff today they surfaced a couple of other possibilities. Remind me, Ms. Armer. I think you said the 18th, which is a Monday, and the 25th. JENNIFER ARMER: The other two options, it’s correct, it looks like we would likely have five Commissioners join us if we did it tomorrow night, but also a slightly different five if we went for Wednesday the 20th. The other two options would be 7:00 o’clock Monday, April 18th. The Senior Services Commission has a special meeting at 5:00 o’clock, but we expect they would be done by 7:00. Or Monday, April 25th. The Finance Commission has a special meeting at 5:00 o’clock, but again, it’s likely they would be done by 7:00, so that is also viable, but we don’t know whether the Commissioners are available for those. Another point is that it wouldn’t necessarily have to be a 7:00 o’clock in the evening meeting now that we have completed the comments from the public, if there is another time of day that works for a majority of the Commissioners, that is also an option. CHAIR HANSSEN: You mean like meeting earlier? LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 116 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 JENNIFER ARMER: Correct. CHAIR HANSSEN: Although we have several Commissioners that are working Commissioners, so I’m not sure if that would be feasible. I’m not clear on the best way to proceed on this. Should we list the number of dates and have people vote which ones they could make? I’m not comfortable based on the polling of those original two dates that we had enough alternatives that we’d get enough of us here to make sense. JOEL PAULSON: I’ll just interject. Obviously, we’re going to make the motion. I’m not sure we’re going to find a date that’s going to work for everyone, frankly, but ultimately just do a quick raise of hands of folks who would be available on the 18th, and do a quick raise of hands of people who are going to be available on the 25th, and if everyone raised their hand, then we’ll look for a motion. It looks like Commissioner Tavana has a comment. CHAIR HANSSEN: Go ahead, Commissioner Tavana. COMMISSIONER TAVANA: I was just going to say the best day that would work for me is the 20th. I was going to start there and you can see what else works for everybody else. JENNIFER ARMER: I will add that if the 20th does work for Commissioner Tavana, I think that does bring us up to six. Then it would be Commissioner Thomas is the only one unavailable on the 20th. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 117 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: Can we get a quick show of hands on who would be available on the 18th to see if we could get to seven? I don't know if we can or not. I can do it. COMMISSIONER THOMAS: Can I ask a question very quickly? CHAIR HANSSEN: Go ahead. COMMISSIONER THOMAS: What time again was proposed? CHAIR HANSSEN: Let’s do a starting of 7:00 o’clock like our normal meeting, but we have done special meetings where we start at 6:00 before. Given what they said about the special meeting on the 18th of the Senior Services Commission, probably starting at 6:00 wouldn’t be as easy of an option as starting at 7:00, so I would just probably say 7:00. COMMISSIONER THOMAS: I’m out of town next week, so I’m just looking at my calendar for what time on Wednesday, because I might be able to make that work, but let’s see what works for everyone. CHAIR HANSSEN: If it’s Wednesday the 20th, it’s certainly possible that we could start at 6:00 instead of 7:00. I didn’t hear from Staff that there’s another conflicting meeting that day that they have to support. Wednesday is the day we normally meet, so I don’t think there are other meetings that day. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 118 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 Let me go back to the 18th and a show of hands on who could make it on the 18th. So we’ve got six of us for the 18th, and we wouldn’t have Commissioner Tavana, so it comes down to either the 18th or the 20th, and we could check on the 25th. A show of hands on who could make it on the 25th. We still have it looks like six. We have six. Oh, seven. COMMISSIONER TAVANA: I’ll be in a different time zone, but I would chime in. CHAIR HANSSEN: I have the same issue on the 25th. I’m going to be out of town, but I can get on Zoom, it’s not a problem. I’m going to make a proposal that we make the date certain the 25th since we could have all seven of us available. I’m proposing a date certain of Monday, April 25th, and we would start at 7:00 Pacific time. Do I have a second? Vice Chair Barnett. VICE CHAIR BARNETT: I second that. CHAIR HANSSEN: Let’s see, I will just take the roll call vote. Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. LOS GATOS PLANNING COMMISSION 4/13/2022 Item #3, Draft 2040 General Plan and Final Environmental Impact Report 119 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 JANOFF: Yes, but I have a question. If people are out of town on a different time zone and the Senior Services Commission is probably not meeting on the 25th and the 18th, is somebody else meeting on the 18th? CHAIR HANSSEN: The Finance Commission is meeting on the 25th. COMMISSIONER JANOFF: Do you think that would allow a 6:00 o’clock start? No. I’m available for a yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: And then Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. What we proposed was a 7:00 o’clock start time, but if Staff let’s us know that we can start an hour earlier, I don’t think it will be a problem, so let’s put the thing that we voted on out there now. It would make it late for any of us on the East Coast. I’ll be in the Central time zone, so it will be 9:00 o’clock that we start, but that’s okay. To me, it’s more important to have everyone there so that we can finish our discussion. I want to thank everyone for all their time and effort that they put in tonight, and we did make some decent progress on the General Plan. We hopefully can finish up at our next meeting that’s scheduled for Monday April 25th. This Page Intentionally Left Blank