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Attachment 19 - May 2, 2022 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 19 LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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: As you might note on the agenda, this meeting is a special meeting of the Planning Commission, and what we are trying to accomplish tonight is to hopefully complete our review and recommendation on the Draft 2040 General Plan as well as the Final EIR that goes with the General Plan. We had our first meeting to consider the General Plan and any changes that we wanted to make on Wednesday, April 13th, and then we continued to a second meeting on Monday, April 25th, and now we are at the point where we still have things to cover to complete our review of the General Plan, but hopefully we’ll be able to do that this evening, and I will turn it over to Staff for their Staff Report. JENNIFER ARMER: Thank you, Chair. Good evening, Planning Commissioners. Tonight we will continue consideration of the Draft 2040 General Plan and Final Environmental Impact Report. As the Chair just stated, on April 13th the Planning Commission received public comment and began their discussion of the Draft General Plan. They also closed the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 public comment of this item at that time, though we have continued to receive written comments. That discussion and consideration continued at meetings on April 25th and 27th. The discussion has been using as a primary guide Exhibit 7 to the April 13th Planning Commission Staff Report, which provides a summary of some of the recommended changes that were received in all of the public comments. We’ve made it through most of the elements of the General Plan thus far, but tonight we will pick up with the Community Design Element, the Final EIR, and potentially final discussion of housing numbers in the Land Use Element. There was a Desk Item today with some additional public comment received after 11:00 o’clock on Friday. This concludes Staff’s presentation, but I’d be happy to answer any questions. CHAIR HANSSEN: Thank you, Staff. Do any Commissioners have questions for Staff at this time? You will have additional opportunities to ask questions of Staff during our discussion. And I did want to thank Staff for reminding me that we actually had a third meeting where we continued the discussion of the General Plan to our regular meeting of last Wednesday, April 27th, and so as stated we do need to LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 cover the Community Design Element, the Final EIR, and then complete our discussion of the Land Use Element, and in particular the build numbers for the General Plan. What I’ve decided to do in the interest of trying to get things complete is we will start with our review of the Community Design Element, then we will take questions and comments on the Final EIR, and then we will go to the numbers regarding the Land Use Element, because that was what took the most time in our last couple of meetings. With that in mind, what I’d to do is to start, as we did with the other elements, with Exhibit 7, and in Exhibit 7, for the benefit of everyone who is watching as well, is a summary from Staff of all comments received from the time that the Draft General Plan was released until the April 13th meeting, and then Staff weighed in and summarized those comments and stated whether they were neutral to them, whether they recommended that we include them, or not recommended because it might not have made sense for the General Plan. They’ve done that as well for the Community Design Element and it starts on page 222 of your April 13th packet, and then there are comments from number 41 to number 55. What we did in our past discussion of elements was we’ve asked Commissioners to raise their hand and talk LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 about any changes of any of the items that might be included that they would like to go along with the Planning Commission’s recommendation to Town Council, and if you had any of your own comments or recommendations as well, that’s fine. So we’ll start with that and see if any Commissioners have items in the recommended changes in Exhibit 7 to recommend incorporating for the Town Council’s consideration. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Just to get things started here I wanted to ask a question of Commissioner Thomas, or anyone else on the Commission who has knowledge, regarding numbers 43, 48, and 50. These three ask that we incorporate with native noninvasive or non-fire prone plant species. The topic of plants came up before and I just wanted to seek the opinion of our expert Commissioner as to whether those are acceptable changes? CHAIR HANSSEN: So, Commissioner Thomas. COMMISSIONER THOMAS: Thank you. I do think that the only problem that I see with these descriptors is that I do think that another completely acceptable type of tree to plant in new developments is fruit trees or other edible tree types, so that’s the only thing. I think that native noninvasive or non-fire prone are all very appropriate, and LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I think that covers enough that it would allow for sustainability. I do think that we should also be encouraging planting trees that grow food that people can eat, so that was the only thing when I read through that, how I felt. Then for number 50, were you just wanting to ask my opinion about (inaudible)? It doesn’t have to do with the trees, right? COMMISSIONER JANOFF: Yeah, 53, not 50. COMMISSIONER THOMAS: Oh, 53, right, because that one also had that. Yes, so that is what I have to say, but it looks like Vice Chair Barnett also has something to say about that. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Thank you very much. I wonder if we could have some wisdom from the Public Works Staff about the wisdom of 43, 48, and 53. I had some questions about whether that would be too limiting. JOEL PAULSON: Thank you. Unfortunately, Parks and Public Works Staff has not been able to join us yet, so as we go through the discussion if Mr. Kim is able to join, then I will let you know. The other caveat would at this point, again, we’re just making a recommendation, so even if we don’t have Parks and Public Works Staff, we can LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 always forward that recommendation and they can provide additional input for Council’s consideration if they’re concerned. JENNIFER ARMER: I will add that at least on one of these it says, “if feasible,” so that leaves some flexibility for situations where it is deemed not appropriate, not feasible. COMMISSIONER JANOFF: If I may, I was asking for clarification so I could start down the list, but if Commissioner Thomas or others have anything to add, that will be good. CHAIR HANSSEN: Commissioner Thomas. COMMISSIONER THOMAS: Thank you. I think that also I agree that we shouldn’t make anything too limiting, but I like the aspiration, and it does say neutral next to two of them and then nothing, so I’m assuming that one was neutral too on number 53 from Staff, so that makes me feel more comfortable that they were neutral on that and not opposed to it. CHAIR HANSSEN: Before you start down that path I did want to make a comment on a couple of things just in case you didn’t know the background. Number 41 was a suggestion from one of the General Plan Update Advisory Committee members to change LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 the name of Community Place Districts to Community Growth Districts, because that really was the intent, to make them into growth districts, but the comment came in late and there wasn’t time for the Housing Element Advisory Board to discuss that particular item, I don’t believe, but that was a recommendation from one of the General Plan Update Advisory Committee members, but we did vote on using Community Place District during the process. Ms. Armer. JENNIFER ARMER: I was going to add a bit of my memory of how that discussion of the proposed change to the Community Place Districts names went. This was a suggestion that was part of the discussion, and I believe in the end the consensus was to not make this change, because some of these places might grow. There might be some initial redevelopment, but a term like “growth” might not actually apply to the district in the future once it has had that redevelopment, and so using a term like “place” was something that the GPAC as a whole was supportive of and so decided to stay with it, but that Committee Member was encouraged to share the idea so that it could be considered by other bodies. CHAIR HANSSEN: Thank you for that further clarification, because we had 35 meetings and I had LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 forgotten exactly what we had decided. But I only wanted to bring it up because a GPAC member brought it up, and my personal opinion was not to include it. Normally we wouldn’t discuss it, but because that particular GPAC member felt really strongly about it I wanted to make sure we heard the thoughts on it. I also wanted to make a comment that there were a couple of requested additions from the people that have been really advocating for the dark sky, and I just wanted to bring up a point that I thought the Planning Commission should consider, that when the GPAC created the Community Design Element we sat down and talked about the Community Place Districts and trying to create neighborhoods, and so I see a bit of a conflict between the dark sky to protect and also the safety needs of the people in the community. Some of the recommendations are tending towards eliminating outdoor lighting, and then there is also the need for safety lighting with the neighborhood, so if anyone from the Planning Commission wants to recommend those I would ask you to consider having the language be such that we’re going to be sure to protect safety as well as the needs of the wildlife that we’re protecting with the dark skies. So that was my comment. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Let’s see, I’ll go back to Commissioner Janoff, and Commissioner Thomas, did you have more to say? No. Commissioner Clark, I will go to you. COMMISSIONER CLARK: I think it’s Commissioner Janoff’s turn right now, right? CHAIR HANSSEN: I think Commissioner Janoff is waiting to make a recommendation, is that correct? If not, then go ahead. COMMISSIONER JANOFF: That’s correct. I was planning to walk through these. COMMISSIONER CLARK: Okay. I’ll just make a couple of comments on what we’ve discussed so far. I like the idea to add fruit trees to 43, 48, and 53, and I also share that same concern as you, Chair Hanssen, about the lighting being kind of conflicting with public safety, and I think especially as a woman that’s something that I think is very important. I’m not sure how we could alter it to make sure it still includes safety, because, for example, it says, “Turning off lights after activity hours,” in number 47, and we don’t want all lights off after activity hours, so I would be curious if there are any ideas for how to incorporate that, because people were very in favor of the night skies policies. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Let’s see if anyone has comments. Commissioner Thomas has her hand up. COMMISSIONER THOMAS: I did just have one more comment that I think would be helpful to go over for the group, because I know that we had a lot of discussion as the GPAC about the difference between should and shall, and there was a recommended change for number 44, so Commissioner Janoff, when you get to that one if you want to discuss that there or whatnot, but just a quick overview of the difference between those for the group so we’re all on the same page I think is important, because that comes up a couple of times in some of the language of these. CHAIR HANSSEN: Thank you for bringing that up. Any other comments on that? I don’t see anyone with their hand up. We can see where Commissioner Janoff is going with recommendations, and reminding ourselves that the goal is to identify things that should be included. With the other elements we definitely had items that we didn’t include, because it might already be covered adequately in the General Plan, but sometimes when the comments come in the people want to put emphasis on it, but it’s usually addressed in the General Plan somewhere, but the question is how it’s worded. So, Commissioner Janoff. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER JANOFF: I was going to just walk through those that I would recommend including, but I did want to comment on Community Place. I’m in favor of Community Place, because we talked long and hard in the GPAC meetings about place making and the importance of creating that element of welcome, and so the word “place” took on sort of a new meaning for me, so I would not make a change to that. Numbers 43, 48, and 53, which are related as we discussed, I would advocate that we say yes, and we could add fruit trees. Number 44, 46, and 50 are all related to lighting. Forty-four to me got convoluted in the edits. We get the idea, but I would say safety is a definite issue on that one, so I would not be in favor of 44. I don’t know enough about the dark skies. We did talk a lot about wanting to reduce the illumination at night, particularly in the hillsides, so I’m neutral around 46 and 50. I would say yes to 51, although it might be too much of a detail, a question for Staff. I’m in favor of the concept, whether they want to put that level of detail in here or not might not be appropriate, especially if things change, if we have a different correlated color temperature LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 chart or something other metric that comes into play in another 20 years. Number 54, possibly, but I think we’ve got implementation plans regarding (inaudible) connections; we talked a lot about that at our meeting last time. And number 55, I don't know how that would impact the Town, given that there is a fiscal impact, the Mills Act, with regard to tax credits. I don't know whether that will be something the Town could implement or whether that needs to be at a higher level that we don’t really control that property tax. So that’s what I have. In summary, it’s 43, 48, and 53, possibly the dark sky lighting, and possibly number 54. CHAIR HANSSEN: And you said 51 as well. I also wanted to hear what Staff’s thoughts were, because one of the things that we try to do with the GPAC is to keep the General Plan general, and stating that it has to be below 3,000 kelvin is very specific, and as Commissioner Janoff noted, it might be that five or ten years from now what defines low voltage lighting is different than it is now, so I wondered if Staff had a thought? You said you were neutral. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 JENNIFER ARMER: Thank you. We are neutral on this one, but as you said, the General Plan is intended to be general; these are policies. It could be that this sort of consideration of what light level limitations we should have might be more appropriate as part of some guidelines or other documents for implementation. One concern with something like this that gets this specific if making sure that the Town has the appropriate equipment to judge this when somebody complains about lighting and we need to go an verify that the lighting is appropriate, so those are some initial Staff thoughts. It looks like Director Paulson has some additional thoughts. CHAIR HANSSEN: Go ahead. JOEL PAULSON: Thank you, Ms. Armer. I can’t remember which element, but one of the implementation programs is to consider a dark sky ordinance, so this is the type of thing that could have something more specific like this, or something a little more specific and then gets translated into another policy document or guideline document, as Ms. Armer mentioned. I think a lot of the dark sky stuff the Commission has talked about we do have an implementation program to address that, so I’m not sure LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 it’s necessary to get to that level of detail, but again, it’s up to the Planning Commission. CHAIR HANSSEN: Thank you for that. I had forgotten that we had recommended an implementation program. If we have an implementation program and it becomes an ordinance, that obviously carries a lot more weight than a policy in the General Plan that doesn’t turn into an ordinance. Let me see what Commissioner Raspe has to say on this. COMMISSIONER RASPE: Thank you, Chair. I just wanted to voice my support. I concur with all of Commissioner Janoff’s recommendations as modified with Commissioner Thomas’ language regarding fruit-bearing trees, and I just wanted to add a little bit more emphasis with respect to number 55 that is the Mills Act. It’s clear that the Town of Los Gatos generally and through its General Plan dispersion is placing great emphasis on its historic resources, and while I understand that there could be tax implications, it seems to me that the Mills Act could be ideally suited towards this Town and its stated objectives, preserving those resources, so I would encourage the Planning Commission to forward a recommendation to Council either through a policy or LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 implementation program to strongly consider adoption of a Mills Act scenario for our town. Thanks. CHAIR HANSSEN: Thank you for that. Commissioner Janoff. COMMISSIONER JANOFF: Yes, I would support that as well, although I would recommend an implementation program to study adoption of the Mills Act so we understand what it is, how it would impact us, presumably beneficially, and then implement if that were warranted. CHAIR HANSSEN: And you got a thumbs up from Commissioner Raspe, so I think as long as it’s covered. Commissioner Clark. COMMISSIONER CLARK: Thank you. I agree about adding 43, 48, and 53 and including fruit trees, and I like the idea to add 55, as in studying the adoption of the Mills Act. Then I wanted to see if anybody has thoughts on 49, because for me I thought that maybe it could be good to add that policy, but then I also felt like the description of the policy as actually just a definition of sensitive natural communities rather than a policy action, and I was curious if any Planning Commissioner had thoughts on that one. CHAIR HANSSEN: Commissioner Thomas. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER THOMAS: I agree that I like the idea and intent behind it, but I also then thought is this already covered in the Environmental and Sustainability Element? So I could go either way, and I agree it’s really like a policy, so I don't know. I would like to hear what other people have to say. I also would say that it’s like I don't know the technical language, but for 43, 48, and 53 I would like it to be not just fruit producing trees, but like edible or any food producing trees, like nut trees and things like that that are more generic. Just food producing trees, maybe that’s the term, but Staff I’m sure can figure it out. So yeah, I am interested in what other people have to say about 49. CHAIR HANSSEN: I was hoping Staff might comment on 49. I would remind all the Commissioners that this is the Community Design Element. It doesn’t talk about how you would incorporate protecting sensitive communities in your community design, and so then I’m not sure that it would be that helpful in this part of the General Plan, but I wanted to ask Staff to what extent… Because we did go over environmental sustainability before, but I don’t recall what policies we might have had, so Staff, could you help on this? LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 JENNIFER ARMER: Thank you. I can search through and see what we can find. One difficulty in finding something that’s exactly this is we might have used a different term that gets at the same idea of protecting sensitive natural communities, and we definitely do in the Environment section. That element definitely gets into those types of topics, but it might be in different ways. I do agree that it seems more connected with that topic rather than community design. One thought, if the Commission is interested in including this here is that it could be a definition combined with a policy that just states that we preserve sensitive natural communities. Rather than having all of that text in the policy, it could be broken into those two. But I will see if I can find some specific references in the General Plan under these terms or others, and I’ll let you know if I find something. CHAIR HANSSEN: I do recall over our 35 meetings that I did have a conversation with Commissioner Thomas about we wanted to incorporate some concepts of sustainability to make sure that it was in this Community Design Element, but then as we were going through it there was this push and pull between whether or not it’s too much detail and is it going to be contrary to some things in the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Environment and Sustainability Element, so we did keep it very, very general in the Community Design Element. I did want to put that out there that although it sometimes is good to repeat the things in the different elements, if it is covered in the Environment and Sustainability Element that probably takes priority and you would want to consider the environment and sustainability in your Community Design anyway, because that’s part of the General Plan. Vice Chair Barnett. VICE CHAIR BARNETT: Thank you. On 46 and 50 there’s a reference to this model, more ordinance, of the Illuminating Engineering Society of North America, and while I couldn’t find that document online it did appear to be 40 pages, and that means to me that it’s far more detailed than we want in the General Plan. Then I support 55, as other Commissioners have said. As to 49, to me it just seems like it is commentary; there’s no substance that’s added to the General Plan, so I would be against that one. CHAIR HANSSEN: Thank you for that. Director Paulson LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 JOEL PAULSON: Thank you. Just to that point on 49, in the Environment and Sustainability Element there are a number of policies and implementation programs related to special status species, retaining natural conditions, and habitat and movement corridors, so there are a lot of other policies in that element that do cover this topic. CHAIR HANSSEN: Thank you for that, Director Paulson. My personal advice, although it is the recommendation of this entire Commission, would be to keep it simple in the Community Design Element and have more details on that subject in the Environment and Sustainability Element. Commissioner Janoff. COMMISSIONER JANOFF: I would agree. I think also including this here, which is a section of really the hillside development, clearly we’ve got that interest in the hillside probably throughout the plan, but it also would apply to other areas in Town, so I would be against including it there. And if we’ve got enough coverage in the Environment and Sustainability Element, and I think we’ve got it in spades as written, I agree with Vice Chair Barnett that it’s a statement without anything under it if LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 it were a policy, and then the balance of the statement that is in quotes is actually a definition. So we kind of have a mix here. I think we’re in favor of the general concept, but this isn’t the place for it. CHAIR HANSSEN: Thank you for that. Commissioner Clark. COMMISSIONER CLARK: Thank you. I just have one thing to add to these comments, and I had accidently brought it up during the Land Use Element, but adding the definition of “rafters” to key terms. CHAIR HANSSEN: Refresh my memory. Did we agree to do that? COMMISSIONER CLARK: No, because I immediately retracted the comment. CHAIR HANSSEN: Oh, because you were going to bring it up again in Community Design. COMMISSIONER CLARK: Yeah, because rafters are referenced in the definition of eave, and then there’s not a definition of rafters, so I thought it could be beneficial to add that. CHAIR HANSSEN: Okay. Let’s see if anyone else had comments on that. Vice Chair Barnett. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 VICE CHAIR BARNETT: I was remiss in not bringing up 54. I have concerns about whether that’s invading private property rights. Maybe Mr. Schultz could comment on that. There may be safety or other reasons that the Water District would not want people trespassing on this property. ROBERT SCHULTZ: I’m sorry, can you repeat your question again? VICE CHAIR BARNETT: Number 54. JOEL PAULSON: Mr. Schultz, this is in Exhibit 7, and it’s basically asking that, “New trail connections on or open to Valley Water property must be open to the general public and permitted by Valley Water.” JENNIFER ARMER: And I’ll add that this was a suggestion based on a comment from Valley Water. In general I would say that that’s the type of thing that would be part of the project consultation in terms of the conditions that Valley Water would place on that, but the question was directed to the Town Attorney, so I’ll pass it on to him. ROBERT SCHULTZ: No, I agree, it should be on a case-by-case basis. There might be times when it might be appropriate to do that type of dedication or require that in a condition of approval, and there might be other times LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 where it might not be appropriate, so I wouldn’t want it to be a shall or a mandatory condition or policy. CHAIR HANSSEN: Question for Staff. I feel in the Open Space, Parks, and Recreation Element, without having it open in front of me to look at the policies, that we had plenty of policies that encourage connections of trails and open up private trails. I felt like we covered that in many ways in the Open Space, Parks, and Recreation Element, but again, I don’t have it open in front of me, so I’m not sure if that would be beneficial in the Community Design Element, unless it’s just a general statement. JENNIFER ARMER: So CD-11.6, which is the policy that this comment is suggesting you modify, states, “Require development that is adjacent to Los Gatos Creek Trail to provide secondary access to the trail.” Valley Water’s comment is that if there is access being provided to the public trail, that that needs to be public access, because it is access to a public trail, that they don’t want access from private property that is only open to the users of that private property is my understanding of the comment. So the policy is already there to say that there should be additional connections to the Los Gatos Creek Trail. The recommendation from Valley Water, as I LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 understand it, is to modify that policy to clarify that any new connections would need to be open to the public. CHAIR HANSSEN: And further permitted by Valley Water. JENNIFER ARMER: Yes. CHAIR HANSSEN: There was a checkpoint in there. JENNIFER ARMER: Correct. CHAIR HANSSEN: If you wanted to do that, you had to get it okayed with them. JENNIFER ARMER: Right. We might say require, but there are certain additional permits that would be required to make that possible. CHAIR HANSSEN: Well then, that sheds a different light on it. Let’s see, Commissioner Thomas. COMMISSIONER THOMAS: Reading the actual thing, it does say, “Require development that is adjacent to Los Gatos Creek Trail to provide secondary access to the trail.” I don't know if we could just add, “to the public,” like if that would satisfy, or if we’re not allowed to say required to the public. JOEL PAULSON: I’ll just use one example. We have the Aventino Apartments, for instance. Obviously they don’t have public access from the creek trail into their LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 apartment community, so that did have a gate there. I’m not sure how much development like that we’ll really see along the creek trail, frankly. I think the policy as written in the draft plan provides enough flexibility that we would work through those details. If it happened to be adjacent to Valley Water property with the developer of that site when it came through, then we would have that conversation with them anyhow. A lot of the creek trail, and depending on where you’re at, some of that creek trail might be in Valley Water ownership, and so I think they’re trying to make sure that we at least go through that step, which we could just as a matter of course, so that would be a conversation we would have anyhow. CHAIR HANSSEN: Okay, that makes sense. Let’s see, I’m not sure who was first. Commissioner Janoff. COMMISSIONER JANOFF: In light of the conversation perhaps we can modify the existing 11.6, just insert the word “public” between secondary and access, so it’s clear that it’s a public access, not just for the benefit of the development, should there be one. And then of course as Director Paulson said, Staff will go through the normal checks and permitting should that be warranted. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Question for Commissioner Janoff. I know it wasn’t suggested by 54, but is perhaps the word “require” too strong? If there are that many checkpoints that we have to consider, it sounds like there’s going to be a feasibility issue. We didn’t discuss it this way during the GPAC, but thinking about it now, I wonder if “required” might be too strong in 11.6. COMMISSIONER JANOFF: I’m actually comfortable with the word “require” because it sends a really clear message for the developers that this is an expectation to provide access to nature, so I would have no objections to the way it’s written and insert the word “public” if that’s more clarifying. CHAIR HANSSEN: Okay, and then leave it to Staff to deal with Valley Water if it’s accessing their property. I think that would work for me. I just wanted to ask that question. Let’s see, are there other comments? Before Commissioner Janoff turns this into a motion I did want to say one more thing on 46 and 50, which are essentially saying the same thing. They’re about referencing the Illuminating Engineering Society of North America’s lighting ordinance. I thought we were going there, but I just wanted to say that I don’t think we need LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 to add those to the General Plan if we have an implementation program to look at an ordinance. I don't know if we sealed that off or got there yet, but it wasn’t in your list of things to add, Commissioner Janoff. I just want to make sure we were okay with that. So do you want to go ahead and make a motion, Commissioner Janoff? COMMISSIONER JANOFF: I will move that we accept numbers 43, 48, and 53, with the language that adds to the insert edible tree… Staff can find a good way to say that, but we know what Commissioner Thomas is suggesting, and it’s a good suggestion. And we are adding number 55 as an implementation program to evaluate or to study the Mills Act and its impact on the Town. CHAIR HANSSEN: And on number 54 you wanted to add the word “public”? COMMISSIONER JANOFF: Yes, to the existing… CHAIR HANSSEN: To the existing 11.6 policy in the Community Design Element. COMMISSIONER JANOFF: I just am going through. I think that’s it. CHAIR HANSSEN: And then it looks like Commissioner Thomas had her hand up. Are you seconding? COMMISSIONER THOMAS: I second, yeah. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Okay, great. Commissioner Clark, you had your hand up. Is it about seconding, or did you have comments before we take a vote? COMMISSIONER CLARK: I wanted to ask about adding the definition of “rafters” to key terms. COMMISSIONER JANOFF: Yes, and add the definition of “rafters” to key terms. CHAIR HANSSEN: And does the seconder of the motion agree to that addition? COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: And thank you, Commissioner Clark, for reminding us of that so we didn’t forget. So we have a motion and a second. Is there any further discussion by Commissioners before we take a vote? Okay, we’re going to do a roll call vote, and please answer yes, no, or abstain. I will 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. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. As we had done with the other elements, this is a progress vote. What really has to happen at the end of this process is we have to make a recommendation to vote to accept the entire General Plan with all of the recommended changes, but this at least puts a stake in the ground for each one of the elements to help us through the process so that it’s not unwieldy when we get to the end of the process. That is all of the elements with the exception of the build numbers for the land use, so we will now turn our attention to the Final EIR, and there are a number of Commissioners that haven’t been with us while we’ve had to review an EIR, and this is a different kind of EIR than we might hear about from a project, so I wanted to ask Staff to give us some guidance and feedback on how we should be considering the Final EIR in our recommendation. JENNIFER ARMER: Thank you, Chair. The next part of our discussion is a discussion of the Final EIR, which incorporates the Draft EIR, the modified sections, and all LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 of the findings that have been provided to you as part of your packet for the April 13th meeting. So this is a program EIR, which is a different kind of analysis than a project-level EIR, which you’ll see more often. Future projects that come in under this are going to need to go through project-level analysis as well. As with any EIR, this isn’t solving existing problems, it’s looking at baseline and then it looks at what the program might create and proposes mitigation for those items. It’s very common with a program EIR for an update to a General Plan for there to be unavoidable impacts, as we have in this case, and in fact, that’s been true for at least the last few General Plan updates that the Town of Los Gatos has had. One thing to keep in mind when considering this document is it is an informational document, so it’s the Town’s document. The Town Staff, including the Town Attorney as well as the Town’s consultants, environmental consultants, and experts have worked on this document and we do believe that it is legally adequate pursuant to CEQA. This discussion tonight is not intended for changing anything in the EIR. It really is more focused on answering questions and providing clarifications. Since this is an informational document, it’s intended to support LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 your consideration of the proposed project, the proposed program, and so once we’ve talked through and answered any questions that the Planning Commission might have, the next step in terms of the EIR is going to be part of your motion on the Draft 2040 General Plan. It would be a combined motion on the Draft 2040 General Plan along with a recommendation on the certification of the Final EIR, so there’s no need to worry about the findings of fact; that’s all part of that motion. That would all be included in your recommendation on the Final EIR, since that includes all of those documents. That’s my presentation, but we are here and happy to answer any questions. CHAIR HANSSEN: Before I go to the Commissioners, it also includes, does it not, the Statement of Overriding Considerations? JENNIFER ARMER: Correct, and the final decision of course is made by Town Council, but your recommendation to Town Council on the Final EIR does not need to be any more detailed than that. It really can just be a recommendation on the Final EIR. It includes all of those components. CHAIR HANSSEN: Just playing devil’s advocate, a question for Staff before I go to the Commissioners. If LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 there were a reason to not certify the EIR, what would it be? JENNIFER ARMER: If there was a concern that it was done adequately, that it didn’t meet the requirements of CEQA, that there was some recirculation. In this case, as we were working through the review after the circulation of the Draft EIR we actually did determine that there was some additional information that was mislabeled and some things that needed to be clarified and decided that because of those it was prudent and required, based on the CEQA regulations, that we put the notice out again and recirculate the appropriate sections, and so that’s the sort of thing that might trigger the Planning Commission to not recommend certification. But hopefully at this point Staff and our consultant, our experts, do believe that this is in compliance with CEQA and so we are recommending certification. CHAIR HANSSEN: Thank you for that excellent Staff Report; we appreciate that. And to remind the Commission that at this point in time we’re not going to be making a motion on the EIR, we’re going to just take comments and questions that you might have before we get to the motion on the entire General Plan at the very end, but LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 this would be the time to ask those questions so that we don’t have a prolonged discussion when we’re trying to make the final motion. Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair. First of all, thank you to Staff for your efforts in providing this exhaustive review and document. It’s impressive to go through it, the various iterations and all the work that went into it. Generalized discussion or thoughts. I noticed that in our EIR both greenhouse gas emissions and traffic are identified as significant, unavoidable impacts for which there is no mitigation, and I just wanted to get Staff or our consultant’s thoughts if that’s typical for a General Plan. I understand a General Plan by definition in generalizing; we can’t foresee everything. I just wanted to hear their thoughts on these two impacts and how we’re dealing with it in the EIR. Thank you. JENNIFER ARMER: Thank you, Commissioner, a very good and helpful question for this discussion. So yes, there are significant unavoidable impacts for vehicle miles traveled, for greenhouse gases, and traffic or transportation impacts and greenhouse gas impacts. That’s pretty common for a community like Los LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Gatos, so because this project does involve additional housing it also means that you’re going to have increased trips, because we don’t have the transit facilities that you could, say, cluster housing around and therefore reduce trips. However, I will point out as is discussed in the Final EIR, the proposed locations for housing, the greenhouse gas impacts, and the vehicle miles traveled impacts are actually lower than the current rates for the community overall. So while there is an overall increase and there isn’t a way without high-speed transit for the Town to fully mitigate those increases, it’s actually increasing at a lower rate than previous development in Town. COMMISSIONER RASPE: If I could ask one follow up question. Thank you. It’s also my understanding that while both VMTs and gas emissions are dealt with generally in this, to the extent there are specific projects that come into Town, those may also require additional different CEQA analysis as well and we may as a Town deal with those projects individually both with respect to gas emissions and traffic, that’s correct? LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 JENNIFER ARMER: So yes, there would be environmental review for those. One of the goals of this General Plan and its EIR is to do a community-wide analysis of things like greenhouse gas and vehicle miles traveled, which is a very difficult thing to address at the project level when you have a single project. It’s really much more a community-wide or even region-wide type of issue, and so being able to do this analysis at this level and include in it these mitigation measures that then would be applied at the project level is generally the direction that we were working towards with this analysis. So in terms of vehicle miles traveled impacts it may be that if something is compliant with the General Plan, as long as they are following the mitigation measures that are included in the EIR, that it may be a project level to a certain extent would actually be covered by this analysis. COMMISSIONER RASPE: Thanks for your response. It’s very helpful. CHAIR HANSSEN: That was a very good question. Do other Commissioners have questions or comments on the EIR? For those of you that are relatively new to EIRs, in the Final EIR there is opportunity for public comment, and as Ms. Armer stated, this was circulated twice, so there have LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 been multiple opportunities for public comment. Then when the public comments come in Staff does respond to each and every comment as to whether there is any resolution needed for that comment, so if questions came up during that process Staff has answered them all and those responses are noted in the Final EIR. However, if you have questions about any of that, this would be a good time to bring that up. Let’s see, Vice Chair Barnett. VICE CHAIR BARNETT: Yes, thank you. Since you invited comments rather than questions, I have a couple to make. First, I wanted to thank Staff for an incredible job on that project, which is a tremendous piece of work to undertake and to revise over the years. I appreciate the comments from Mr. Schultz today regarding the sufficiency of the General Plan in response to the public comment about the CEQA requirements not being met, and I also understand that an attorney retained by the consultant came to the same conclusion. I also found that the Staff’s responses to the public comments were well founded and convincing. Thank you. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Very good. Thank you for those comments. Do other Commissioners have questions or comments on the EIR? Commissioner Janoff. COMMISSIONER JANOFF: I’d just like to echo what Vice Chair Barnett said, and in summary would be supportive of certifying this Final EIR. CHAIR HANSSEN: Very good. And I would echo, especially in the case of there have been some very vocal comments and critical comments on the whole General Plan process that came in over time, which is everyone’s right, but Staff did an excellent job of responding to all of the questions and what action could or couldn’t be taken, so I feel comfortable with being able to recommend certification of the Draft EIR. I think Staff’s comments were particularly helpful in the area of talking about program level EIRs versus specific project EIRs, so that when supposing there’s a 100-unit building that comes down the road after the General Plan is adopted, then if it meets the requirements for a CEQA analysis, then a CEQA analysis will be conducted on that project, so it’s not the only time that the traffic and greenhouse gases will be looked at as LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 we go through the process of living through the General Plan. Let’s see, does anyone else have questions or comments? Commissioner Raspe. COMMISSIONER RASPE: And again, I join in my fellow commissioners’ comments. I don’t think we’re making a motion, but are we making a recommendation to Town Council to certify the EIR? CHAIR HANSSEN: What we’re going to do is we’re going to hold off on making any motion on the Final EIR until we’re done discussing the General Plan, which we haven’t done yet. COMMISSIONER RASPE: Very good. Thank you. CHAIR HANSSEN: So we have covered all of the elements and we took comments on the Final EIR as well. The thing that we have not finished is what we discussed during our last two meetings, which was what kind of recommendation that the Planning Commission would want to make to Town Council regarding the land use build numbers that are covered in the beginning of the Land Use section. To refresh everyone’s memory, Staff had a discussion that starts around page three or four about the Land Use Element and goes through the proposed density ranges that are in the Draft General Plan looking at the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 20-year timeline versus the more immediate timeline of the Housing Element and what falls in those two categories. Then further on, on page six of this original April 13th Staff Report there was a list of possible reductions that we could consider if we wanted to. To recap where we were at our last meeting, we had a motion to make some reductions, but the motion failed because there were people on both sides of the argument about it. It wasn’t enough, or it was too much, and so it was a 3-3 vote. In thinking about this since our last meeting on April 27th, one thing that I thought might be helpful would be to try to identify things that we are in agreement with and maybe talk about the specific reductions that Staff presented and see if there is consensus from the Commission to do that before trying to take a motion on the overall number, because I think everyone might have different ideas on some of the elements of that. I’m looking at the bottom of page six from the original Staff Report, which says, “Potential reductions in housing development capacity,” and I did want to give credit to at least one Commissioner who was recommending that we not make any reductions in the capacity to make sure we get the best possible chance of meeting our LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 numbers. With that being said, if it is the will of the Commission to make reductions, we should talk about which ones of these might be acceptable to the Commission. I want to start out with the one that I thought we had agreement with, and Staff felt that we did too and it was noted in the Staff Report, which was the third bullet, which was, “Removing housing from Office and Service Commercial designations,” and if we were to do that, according to the modeling that was done, that would reduce the potential increase in housing units by 313 units. I just want to put that out there. We had talked about it was a late addition during the GPAC process, and doing more research on it the general feeling was we weren’t going to get a very big take up on it, and we can also do Mixed-Use. As long as the land use designation is Mixed-Use it is possible to do Office and Residential together, it just has to be under that land use designation versus Office Commercial. Does anyone have any concerns about leaving that change out of the General Plan and not increasing density there? I think everyone is okay with that. Let’s talk about Low-Density Residential and Medium-Density Residential. Where the discussion was going LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 on Low-Density Residential and Medium-Density Residential was that there are many people in the community that are very concerned about the potential of SB 9 and ADUs and this General Plan update on increasing densities significantly in the Low-Density Residential and Medium- Density Residential, and so there are varying opinions about in order to have this missing middle housing we really need to be able to have some increase in density, and then there are others that don’t want to increase density at all. Staff did an analysis for us, and it’s in the Staff Report for this meeting, in which they talked about if you wanted to be able to have a fourplex and the density level was X for Medium-Density Residential and Low-Density Residential, how many properties would be able to do a fourplex there? So I hope you all got to see that in the Staff Report, but I thought we ought to maybe have a discussion about that and see what people are thinking about reducing the densities that are proposed from what’s in the current Draft General Plan or leaving them the same. I’ll start with Commissioner Janoff. COMMISSIONER JANOFF: Thank you, and thank you, Staff, for putting together this data; it was very helpful. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I just want to confirm, my takeaway from this table is that we will not lose missing middle if we were to reduce the density in Low-Density from 12 down to 10 or 8 units per acre, is that a correct interpretation? JENNIFER ARMER: Thank you, Commissioner. As we stated last time, a reduction to 10 would still retain enough that the missing middle could still be included as a portion. Our main concern is that if you get to the point where it’s less than 10% of the parcels are actually large enough for the fourplex, then that’s getting to be a pretty small amount and it’s not going to be through most of those neighborhoods. It would be in the neighborhoods that have the larger parcels rather than throughout, so it’s potential, but I think we still would recommend that if we’re going to keep the missing middle in there that a 10 dwelling unit per acre would be the appropriate threshold. COMMISSIONER JANOFF: Thank you. CHAIR HANSSEN: Just a clarifying question on the table. The way that this is presented, it’s cumulative, so if you start from 5 it’s 3% of parcels, then 7% is 8, and then 12% at 10. Just to refresh everyone’s memory, including people who are watching, where the discussion was going was that several Commissioners and the GPAC in having this LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 discussion during that whole process, the missing middle housing was identified as a way to help transition slightly more dense housing into the same neighborhood and still having the same look and feel, and having a very seamless transition, the alternative being doing very High-Density Mixed-Use or just High-Density Residential, which would be many stories, and so this would be a way to create some balance in the community. Several of the Commissioners were concerned that if we reduced proposed densities too much in the land use tables that we might not be able to have the discussion of missing middle housing at all, which most of the GPAC felt was essential to the vision of what we were trying to create going forward with having to add quite a few additional units. With that in mind, it comes down to, I guess, from what I’m hearing in this discussion, that as far as missing middle housing it’s going to be impacted in the Low-Density Residential, and I’m going to ask Staff a clarifying question. There is really no issue with any of the densities in Medium-Density Residential that would cause us to take out missing middle housing, is that correct? JENNIFER ARMER: Yes, that’s correct. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Other comments on if we were to recommend reducing densities for Low-Density Residential or Medium-Density Residential? What would you recommend and why? Commissioner Clark. COMMISSIONER CLARK: I’d just like to get clarification on that last question you asked about Medium- Density Residential. You were saying that no density changes would impact the amount of missing middle in the Medium-Density Residential? CHAIR HANSSEN: I asked the question. COMMISSIONER CLARK: Yeah. CHAIR HANSSEN: I was assuming because it was denser to start with that you could still… But on the other hand it does say at the current density only 5% of parcels would be able to do a fourplex, is that correct, Staff? JENNIFER ARMER: That is correct, because a lot of the Medium-Density Residential properties are small lot properties, so you don’t have as many that are of the size that’s required for that number of units on the property. It’s actually a lot of these parcels get the increased density because the lot size is smaller. CHAIR HANSSEN: Very good. So we really do need to consider for both Low Density Residential and Medium LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Density Residential if we were not to increase the densities, then doing missing middle housing in either would be below the 10% mark. COMMISSIONER CLARK: Thank you. If it’s okay, can I make a comment? CHAIR HANSSEN: Go ahead. COMMISSIONER CLARK: Thank you. I’ll just say for the Medium-Density Residential, I think that it definitely seems like it needs to be increased considering it’s only 5% of lots as is in the 2020 General Plan, and I also think it’s important that we take into account that this is the number of lots for us to be able to build up to four units in the Medium-Density Residential, which I think feels like a pretty palatable number for Medium-Density. CHAIR HANSSEN: And you didn’t say there’s also the possibility of triplexes or something more than fourplexes, but I thought that was a good benchmark that you suggested for us to consider. So the numbers would be different if we looked at different sizes of units, if we were going to have five or six units or three. Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair Hanssen. When I originally looked at this I thought that although it doesn’t change the number of parcels… Well, I guess it cuts LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 it in half, right? So for Medium-Density Residential I did also think about what just has been said and what we spoke about last time, how it doesn’t mean that necessarily all these parcels will be developed, but giving the Town and individual owners and residents the option in having it spread out through more areas I think is something that I want to make sure that we’re not getting too close to that less than 10% number, because I do think that that just is more limiting and not as flexible for residents in town. So I just wanted to say that when I initially looked at all of these figures, that was my initial reaction. CHAIR HANSSEN: While the rest of you are thinking, I would also point out that one of the things that we came to in the last meeting was trying to translate between density and numbers of units, and while this table that is in the Staff Report today gives us an idea of the numbers of units that would qualify for a fourplex, that’s not the same as how many units of reduction if we were to, say, go from maximum of 12 density dwelling units per acre to 10 or to 8 in Low-Density Residential, it’s not going to tell us how many units less of a potential build-out we would have, because it models on to assume how many units would actually convert over, and so even if we pick the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 densities we’re not going to know for sure how many units it will be. Likewise when we were talking at our previous meeting and we were talking about trying to reduce a certain number of units we don’t know what the density would be until all the calculations get made, so we have to kind of deal with imperfect information regardless of what we do, but my thought in thinking about this since last week is that we should think more about the density, because we can kind of visualize where and how many we could do of that kind of housing, and then Staff will have to come up with a number, because if we come up with a number we don’t know if we’ll be able to have missing middle housing. Commissioner Thomas is nodding her head, but do you have more comments? COMMISSIONER THOMAS: Yes, I just wanted to add onto that, I think that that is really important to be thinking about and it has made this conversation I feel like harder for us to have, because we don’t know what some of the outcomes of the changes will be. I did actually have a question for Staff. I was wondering what other Commissioners thought about this. If we decide to change some of the densities or any of the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 numbers essentially in this Land Use Element, does that delay the process of it being forwarded to the Town Council? Because I feel like we’ve had a really robust discussion, and I know that our Town Council members listen to what we say and they will get verbatim minutes, so I just don’t want to waste anyone’s time by saying let’s make all these changes and then they’re going to make changes again or revert back in some areas, so I was just wondering how it would affect the timeline or if it doesn’t affect the timeline at all? JENNIFER ARMER: Thank you, Commissioner. What I would say is that this is actually very similar to the recommendation you received from Town Council on the types of options they wanted to make sure we provided to you for your discussion. You can give Town Staff direction on the types of changes that you’d like to recommend to Town Council, and then we can provide additional details for Town Council when they consider your recommendation. They will have a summary both of the resulting numbers, but also of the comments that were shared by the Planning Commission for their consideration. I don’t expect that that would delay us getting to Town Council. There are certain logistical things like public noticing that need to be done, and so within that time we expect we should be able LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 to pull together that additional information to fully describe what your recommendation is and the implications in terms of numbers. COMMISSIONER THOMAS: Okay, thank you. I just wanted to make sure that we were not unintentionally delaying something further, because I know that we’ve been trying very hard to get this to Town Council so that we can get it finalized and really start working on the Housing Element, so thank you. I appreciate that. CHAIR HANSSEN: Before I call on Commissioner Janoff I was going to state that I didn’t specifically go there when I made my introductory comments, but that it would be our intent, even if we are still divided on some of the issues surrounding the numbers, that we will not continue this to another meeting, that we’ll leave it at that, but it is my hope, and with the additional information we got in the Staff Report, that we can get closer, because I think there was consensus on a number of things when we had the discussions previously, so we’ll see where we are. I will go to Commissioner Janoff now. COMMISSIONER JANOFF: Thank you. In light of this discussion I would like to offer a recommendation on bullets one and two with some rationale, because again, I LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 think it’s not a good idea for the Planning Commission to just throw out numbers without having a reason why we want to change those numbers. We already talked about the Office and Commercial. In Low-Density I would recommend that we reduce the density from 12 dwelling units per acre to 10. This gets us above the 10% number that Staff is recommending where the missing middle is still a robust part of the solution set, and that’s of great interest to the GPAC and to me personally, so I would recommend going to 10. In addition, I would recommend that we go from 24 in Medium- Density down to 18 for similar rationale. One of the reasons why I’m making this recommendation for reduction is related to what the Town Attorney provided as guidance, and that is with regard to SB 330 we don’t want to up-zone so far that we don’t have room afterward to say oh no, and we’re stuck. So if we up- zone a little bit without going to the maximum, we still have room to grow and we have the five-year review of the Land Use Element, so if we feel that we’re not making the necessary headway, we have the opportunity to bump that up to 12. I know that Commissioners were eager to see the General Plan with numbers that didn’t need to change at LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 that five-year mark, but I think in light of the comments that we received today, it’s prudent that we have a buffer that we could work from, so those would be my recommendations for bullets one and two. CHAIR HANSSEN: Thank you for that, Commissioner Janoff. Commissioner Thomas and then Vice Chair Barnett. COMMISSIONER THOMAS: I did have a question actually for Commissioner Janoff. I do agree that I think that changing the Low-Density housing from 12 to 10 seems like that is still a significant increase from where we’re at today in the current General Plan, and I think that it’s good and allows for opportunity and is still above that 10%, but I do think that Medium-Density Residential is closer to areas where we can end up building more transit and I think that that’s going to end up being places where we would like some more redevelopment and more walkable/bikeable neighborhoods I know that Town Staff just put 24, 18, and 12 in here to show a halfway point, but would you be interested in changing it to like 20 instead of all the way down to 18? Because I feel like decreasing this whole area percent of parcels by half seems like we’re just going to be losing out on a lot of opportunities possibly for redevelopment LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 jumping from 21 to 11, but I am open to hear what people think about that. CHAIR HANSSEN: Thank you for that comment. I will go to Vice Chair Barnett, and then Commissioner Clark, and then back to Commissioner Janoff. VICE CHAIR BARNETT: I’m in support of Commissioner Janoff’s recommendation. If I could refer to some notes that I made, I can explain my position. Since our last meeting I’ve given considerable thought to the comments of my fellow commissioners regarding the build-out capacity, and I’ve spent a lot of time looking at the numbers and I agree that the reduction from 24 to 18 and 12 to 10 makes a lot of sense. Although we don’t have the precise numbers of the units that will yield from that at this time, I think we can generally find that those are reasonable. My willingness to include a larger figure at this time is based on a number of factors, including the consideration that the RHNA goals include increasing affordable housing, promoting socio-economic equity, and furthering fair housing, and I think that the ADUs and SB 9s will provide additional housing in the Low-Density Residential designation. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Finally, it’s just been referred to before, we’re planning for capacity and not controlling the building, and so for better or worse the actual housing construction likely will go to very much smaller than the capacity due to the economics of development. I’d like to give an example. In the 2019 ordinance in the City of Minneapolis that allows duplexes and triplexes on all residential lots, which was cited in the article recommended by Council Member Ristow, only three triplexes were built in 2020 according to a later article in the same publication. So I think for all those reasons it makes sense to come to a reasonable compromise. Thank you. CHAIR HANSSEN: Thank you very much for those comments, and what Vice Chair Barnett was referring to is Vice Mayor Ristow referred an article to us that was talking about trying to come up with affordable housing and what are some of the dynamics about that, and it was a very helpful article, I think, for all of us in terms of this discussion, so thank you so much for that, Vice Chair. Then I will go to Commissioner Clark, and then Commissioner Raspe, and if anyone else wants to speak. COMMISSIONER CLARK: Thank you. I will just say I personally would not be in favor of reducing any of these. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 This is how I would feel, but I’m perfectly willing to compromise and I’m not going to just vote no because I wouldn’t... This isn’t my perfect scenario, obviously, but to me this missing middle housing and these fourplexes are exactly what we are talking about in terms of what can satisfy our housing needs without dramatically increasing traffic and without changing the character of our Town, and so to me it doesn’t feel like it makes a lot of sense to reduce these opportunities, especially things like if these are able to be spread throughout Town in these areas, then that would ease traffic a lot rather than just us putting all of our housing on Los Gatos Boulevard or something like that. Then also segregation is very real, and a lot of times affordable housing ends up in the same area and towns can become very segregated. We’ve seen this in other communities in our area and so I think that this housing is also a really good solution for dispersing it. I completely understand the wanting to appease some of the community members and make it clear that we’ve been hearing their concerns, but I especially think in the Medium-Density Residential cutting that number in half doesn’t make sense to me. I think that in particular, like LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Commissioner Thomas said, that is probably closer to transportation and where we could build more transportation and I would prefer to leave that where it is, because fourplexes in Medium-Density Residential I think make particular sense to me. CHAIR HANSSEN: Thank you very much for your comments, Commissioner Clark. Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair. First I wanted to thank Staff for preparing these numbers. They’re extraordinarily helpful, and I know we gave them very little time to prepare them, so thank you again for hopefully not working on the weekend, but pulling all these together. Random thoughts in no particular order. First, I join Commissioner Clark in her comments. I was surprised that the current allocation of parcels in Medium-Density areas that were able to handle fourplexes was only 5%. In my mind’s eye it seems to me that missing middle and fourplexes specifically are a perfect fit for Medium-Density, so I was really surprised that it is only currently 5%, and so I support an increase in those areas, and I can be discussed either way as to whether that should go to the entire GPAC number or some lower number thereof. On lower-density housing, I think my previous position was I was hoping to hold close to the bottom on LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 those, but again, this report is very helpful. Currently only 3% of our parcels would support missing middle, and it seems to me that that’s a number that can be raised and we can still maintain the integrity of the look and feel of Los Gatos that so many of our residents voiced during their comments, and so I would be willing to come up from that 3% number. Commissioner Janoff proposes 10%. I’m a little bit more comfortable with 8% as the figure just because of the SB 9 situation. I think that there is a potential for lot splitting. I think there may be more development in that area than we’re currently aware of. Then taking into account the SB 330 discussion, I’m leaning towards keeping that at the lower number, but it seems to me that Commissioners are coming towards a consensus, and if there’s a consensus in that discretion I remain flexible and my mind is opened, so I’m happy for this discussion. Again, thank you, Staff, for providing this material for us. I think it really has helped us move the ball forward on this one. CHAIR HANSSEN: Thank you for your comments, Commissioner Raspe. That was very helpful. Commissioner Thomas. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER THOMAS: Can I get clarification from Commissioner Raspe? When you say the lower number, what numbers were you specifically referring to that you are most comfortable with? COMMISSIONER RASPE: With respect to Low-Density or Medium-Density? COMMISSIONER THOMAS: Well, I feel like for Low- Density you referred to 10. COMMISSIONER RASPE: For Low-Density my inclination before the meeting tonight was for 8, and I still feel that that would be a useful number, again considering that we have SB 9 to also add numbers in those areas, and SB 330 is kind of a backdrop that there could be problems in up-zoning as opposed to down-zoning and we’ll revisit every five years. On the Medium-Density, I think I like your suggestion. It seems like there’s a large chasm between the percentage of parcels, 11% and 21%. I wouldn’t mind seeing a discussion maybe in between those two ranges, because again, in my mind’s eye Medium-Density is the perfect fit for missing middle. COMMISSIONER THOMAS: I agree. Thank you for clarifying. I think also what has helped me is looking at the land use diagram, figure 36 in the Draft General Plan, LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 but looking at it, that Medium-Density Residential is concentrated along Los Gatos Boulevard near the Highway 9 intersection into downtown and then downtown, and actually a lot of that is some historic overlay zones, which I think a lot of those parcels look small, but I think that that also offers additional protection in the sense of maintaining the character of the Town, and I think that it’s also in areas that have very strong neighborhood feels already, and so I really think that it does provide us with a lot of opportunities to retrofit and change things into duplexes and triplexes and fourplexes but really maintain the integrity and Town character that is really important to people, so that’s one of the reasons why I felt like reducing all the way down to 18% seemed like a really big jump, like we might be missing some opportunities there. I just again want to emphasize what Vice Chair Barnett just said, that just because the number of parcels are available, only a small fraction of those are actually going to get developed, so for me personally, like Commissioner Clark said, I want to come to a consensus and I want to vote with the group and be supportive as a Commission with a recommendation moving forward, but my gut is still telling me that we be able to provide property owners with the opportunities to be able to do this. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I know that the down-zoning is not an option in the future, but it just still seems like we need to be providing options instead of limiting options, so that’s my main concern. CHAIR HANSSEN: Thank you for that, Commissioner Thomas. I was just going to make a few comments. I love where this discussion is going, because it sounds like we’re kind of gelling on some sort of consensus. After thinking it over since last week and listening to the discussion tonight, during last week’s discussion I was in the camp of making some reductions but not eliminating any categories, and the reason I gave for it, and I’ll give again, is that I think as we were talking during the whole GPAC process that we don’t want to concentrate affordable housing in just one part of town, and the early things we’ve been seeing with the Housing Element with our inventory, for many, many reasons it turns out that a very large number of the sites that have potential for affordable housing are going to be on Los Gatos Boulevard. However, those are not Low-Density Residential converting to a four-unit fourplex. We’re talking about bigger numbers, because when we’re trying to put together LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 the Housing Element we’re only going to be able to have so much room to put Low-Density Residential as unit counts into meeting our RHNA, so going back to the numbers I was of the mind of making a reduction but not going all the way back to the 2020 levels, and in looking at the table, which I also thought was very, very helpful. I actually started out in the same camp as Commissioner Raspe, which is 8 dwelling units per acre for Low-Density Residential, because I thought we could increase it later, but if we’re not going to even make it possible to do missing middle housing, then what is the purpose of even changing the density at all? And we also want to be mindful of trying to spread some of the housing across Town, so I am comfortable with the 10 dwelling units per acre. We will have the opportunity to relook at it in five years, and if it turns out that the housing production isn’t what we want, we can revise it, but we obviously can’t go backwards. On the Medium-Density Residential I initially thought the 18 dwelling units per acre, but in looking at it again and hearing the comments tonight, I think we ought to consider maybe splitting the difference and doing 20, and that way we can assure the production of missing middle housing in some of the areas to help spread out the growth. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I’ll go back to Commissioner Janoff. COMMISSIONER JANOFF: Thank you, and what Chair Hanssen just finished saying was just about verbatim what I was going to say, and thank you so much for the perspective on the Medium-Density. I do still recommend a reduction, so that gives us a little bit of room under the SB 330, and I would certainly support a recommendation that splits the difference at 20, but I would still recommend 10 on Low- Density. CHAIR HANSSEN: Commissioner Tavana. COMMISSIONER TAVANA: Yes, thank you, Chair. I wasn’t here the last two meetings and I want to say that in a general sense I’m in support of lowering the density across the Board, but using the rationale of up-zoning right now and the revisiting in five years. I would think it would be wiser to be conservative and just go not as high as I would say 8 or 10, so I would err on the conservative side personally. CHAIR HANSSEN: Thank you. Everyone has their thinking behind this and we want to hear what everyone thinks. Commissioner Clark. COMMISSIONER CLARK: Thank you. Just a quick comment on Medium-Density Residential for splitting the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 difference to 20. So 20 is only two over 18 and 4 below 24, and my concern is we don’t know how much more or less we’re getting when we do that. Like we might only get 50 more units or something, and so I don’t know if this is possible, but I was wondering if there’s a way to do that one by number of parcels, and so like 500 parcels, which would actually be kind of splitting the difference between 350 and 708 or something like that? CHAIR HANSSEN: I think I see where you’re going on it. I’m going to ask Staff a question. If we were to make that as a recommendation that we want to make a reduction, but since we don’t know what the table would be, if it were 20 dwelling units per acre could we do it by the number of parcels that would be eligible for a fourplex? JOEL PAULSON: I’ll start, and then Ms. Armer can jump in. That’s not really a direct correlation, because it would be a different lot size, so then we have to rerun the GIS to figure out how many parcels that is. It’s not a linear if you change it to 20 it’s going to be halfway between or something like that, so that would be my caution, but Ms. Armer might have some additional comments on it. JENNIFER ARMER: I would say that we could do the research to find out approximately what density would bring LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 us up to 500 parcels. It’s a little more complex, since we have to run multiple numbers until we get kind of close to that to figure out what level of density captures and includes 500 parcels, so I think that’s something that we could do. We might end up with a very odd density, like 20.5 or something odd like that, so I don’t think that’s what Staff would recommend in terms of a way of moving forward with his. Round numbers generally are a good plan in terms of implementation of this. But I think there’s clearly an understanding that you’re looking for something that’s a bit more than some of the numbers there. I think we can include that as part of the description of the discussion that the Planning Commission had. If it’s the will of the Planning Commission, I think we could try to come up with a number based on the number of parcels that should be large enough to allow a fourplex, but it does become a much more complicated calculation, and it looks like Director Paulson might have something to add. JOEL PAULSON: Just for further clarification, we would probably run 20 and 22, so you have kind of every increase of two units per acre; we’d get you those numbers and we can provide that. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I think bigger picture, stepping back, it sounds like the Commission is having another great conversation. It really is what’s that comfort level from a Commission perspective? Is it on, as Commissioner Tavana spoke about, the more conservative side, or is it the more aggressive side, or somewhere in between that? I think these are helpful conversations. We wouldn’t come up with a 20.5 density obviously, so again, we’d probably provide information on 20 and 22, see how many parcels that is, and see if that helps inform a decision, unless there’s an opportunity tonight where the Commission agrees to a number moving forward, and then as Ms. Armer mentioned, we’ll carry forward. There were some other thoughts obviously. Many Council members, if not all of them, have been watching all of these meetings, so I think that’s helpful that they also will, as has been mentioned tonight, get verbatim minutes as well. The videos are all available. So it’s helpful to have these dialogues and see if we can come to a conclusion, but if the Commission can’t get there this evening we can always continue it and provide whatever additional information within reason that the Commission is interested in. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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: Or I would say that the Planning Commission could make a recommendation for, say, 20 with an indication that the desire is to get the number of units close to 500, and if it’s not close to 500 then we could include in the Staff Report to Town Council an alternative that is closer to that number. CHAIR HANSSEN: Thank you for that, Staff. Before I go back to Commissioner Thomas and Commissioner Clark, just listening to this, I think for the sake of simplicity it would be cleaner to… Because we know for sure that if it was 20 it would be somewhere in between 354 and 708 parcels that would be eligible, so we know it would be more or less if you’re looking to reduce the amount of units of growth. I would be comfortable more with choosing the density in between and then having Staff run the numbers, but let me see what others think. Commissioner Thomas was first, and then Commissioner Clark. COMMISSIONER THOMAS: Thank you, Chair Hanssen. I think that for me personally, having a conversation about percentage versus number of parcels would be helpful to see where people are at. I understand, Staff, that that still creates the same issue for you, but I think that that really is the key piece of data here considering that some LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 of us really strongly feel that we need to definitely stay above 10%, but I think that I would feel comfortable saying that we want to move forward with keeping the 24 units per acre to the Town Council with the note that if they get additional information ensuring that they have our “blessing,” for lack of a better term, to definitely change it downwards as long as it stays above X percent of parcels, something like that. I don't know if that would be easier for us to discuss or not and come to a conclusion on, but that is my maybe a suggestion. CHAIR HANSSEN: Several Commissioners have their hand up, so Commissioner Clark is next, and then Commissioner Raspe, and then Commissioner Tavana. COMMISSIONER CLARK: Thank you. I really like Ms. Armer’s suggestion of changing the density to 20 with the indication that we want to keep it above a certain number of units, and I think that 500 is a good number for that, because technically the perfect middle between 354 and 708 is 531, and so I think adding the indication to keep it over 500 would be a good way to ensure that we’re still meeting our intended purpose when lowering the density to 20. CHAIR HANSSEN: Thank you for that, Commissioner Clark. Commissioner Raspe. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER RASPE: Thank you, Chair. Again, just with respect to Medium-Density, I would encourage us to have more specificity rather than less. I think the last meeting we had, and the reason we had this chart, was because we started getting into fields of discussion that were less precise and I think Commissioners, at least myself, weren’t comfortable in that direction, and so I would like to stick to the numbers that I think have been presented to us. While I would have loved to have seen figures between 18 and 24, which yield percentages between 11-20%, since we don’t have that this evening my present inclination would be to proceed with 18, as Commissioner Janoff suggested, again with the understanding this is subject to the five-year reviews and is subject to SB 330. I think as Commissioner Tavana indicated, it’s a more conservative approach but still gets us over the 10% threshold, which it would allow missing middle to, I think, at least begin to flourish in Medium-Density. Thank you. CHAIR HANSSEN: Thank you for that, Commissioner Raspe. Commissioner Tavana. COMMISSIONER TAVANA: Thank you, Chair. Just a couple of general comments from a high level here. Looking at these numbers they do kind of scare me; I’m going to be LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 honest. 1,993 units is a lot for our Town in my opinion, so talking about going up to 3,700-and-some-change from a high level was scary, and then digging a little bit deeper into this and trying to take a more conservative approach, and also knowing that this is a General Plan. I know we emphasize this throughout all of the elements, that the General Plan is general, and there are a lot of unknowns in my opinion about moving forward with this many housing units, how it’s going to be implemented, so personally, for me, I would be comfortable with the RHNA allocation plus 15%, and then delineate it down there below. That’s a conservative approach based on the rationale we discussed and I was watching at previous meetings. We’re going to revisit this in five years, so I don't know why we take a more aggressive approach. The control is with us at the Town level, but if we over-zone or add too many units, we can’t backtrack and then we lose all that control, so I think we would have the most control by being the most conservative right now and then adding down the road. CHAIR HANSSEN: All right, thank you for that, Commissioner Tavana. If you notice in the Staff Report, there are some elements of this discussion that while we’re talking about reducing the number and we’re primarily LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 talking about what’s going to happen in the next eight years for this current RHNA cycle, there are some things that are going to change the numbers, and I see some other people with their hands up. For instance, the ADU count, there are 200 units of ADUs in the current eight-year time cycle, and then there’s going to be another 300, and this is a number that we feel pretty good about because we have experience with ADUs, and regardless of any changes that we make in densities here, ADUs are completely out of our control. So there’s going to be another 300 units of growth from ADUs regardless of the RHNA, because we can’t count the 300 ADUs that will happen in the future in the RHNA, if that makes any sense. So I’ll see what the other Commissioners say, but when we had the discussion at the last meeting about whether or not in number 20 in the Land Use section the recommendation to stick to only exactly 1,993 plus a 15% buffer, that technically isn’t possible in the General Plan because of some things that are outside of that timeline that we have no control over. So I think it was Commissioner Janoff, and then Commissioner Thomas, and then Commissioner Clark. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER JANOFF: Thank you. I just wanted to emphasize that what we’re working on, as Commissioner Tavana says, it is a General Plan, but it has to be a plan. If we’re expecting to reach anything close to what the expectation is for housing it’s got to have a lot more units than just the RHNA, and as Chair Hanssen said, we are planning for 12 additional years beyond just the RHNA numbers, so it has to be more, because you couldn’t possibly anticipate that the next couple of RHNA cycles would be zero, so we are planning. We’re not building, but we have to have a plan that makes sense to the Town, we have to have a plan that makes sense to developers, we have to have a plan, in my opinion, that continues to enable Staff to have more local control than not, and so providing these mechanisms I think for growth, and height, and density, do all of those things. We’ve heard from many, many developers what doesn’t make sense and how the Town’s codes are in some ways limiting what they can do, and I think the article from Vice Mayor Ristow was very informative in underscoring those points, so I don’t think this is the time to be conservative. I completely understand that position. We all are sensitive to growth uncontrolled, but that is not what we are talking about. We are talking about planned growth. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I could support any number of versions of Low- Density and High-Density, but they can’t be back to the 2020 numbers. We can’t get there from those, and I’m not sure that it makes sense overall. And again, I’ve spoken before about how the General Plan is intended to be an internally cohesive document. We can’t get to the sustainability of work, we can’t get to racial and social justice, if we don’t take this as a whole. This part is just one piece that creates that last arc that we need to have the General Plan as a whole, and I think it’s really important for us to be able to be more forward looking than not, and I just really appreciate the comments of the Commissioners. This has been a great conversation. I’ve learned a lot and I like the path that this is going down. CHAIR HANSSEN: Thank you for that, Commissioner Janoff. Commissioner Clark. COMMISSIONER CLARK: Thank you. Thank you so much for that, Commissioner Janoff. That was very well worded and I completely agree. I just have a couple of comments. I think in terms of why do we take a more aggressive approach if we’re going to be looking at this again in five years, I think to me my answer would be five years is actually pretty far away and there are new state LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 bills coming every single year, and I think that there’s a very real possibility that if we waited five years to make these changes we could have a lot less control by than, and I think it’s better to keep it in our own hands and that’s a strong argument for being a little more forward thinking, because I think five years is becoming a longer and longer amount of time in this state with the way that housing is moving. Also, just in terms of getting our Housing Element through, we have to do that now. We’re not going to do that in five years, and the bigger the number the more likely it will be that we get it approved. I also think in terms of reducing the Medium- Density Residential to something like 20 and saying keep it over a threshold of 500 parcels is way less ambiguous than what we were doing last meeting, which was pretty much just saying change the density but don’t lose missing middle housing, so I think that it’s not ambiguous. I think if we have a very strong understanding that it will be pretty much between 20-22 and it will be like a threshold of 500, that that is specific enough for me to feel comfortable with it. CHAIR HANSSEN: Thank you very much for that, Commissioner Clark. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I concur completely. I think that that is a very specific recommendation, and I think that although there are people at different degrees of this, I think we have a general consensus from the Commission to reduce the total build number somewhat to be more conservative, because we don’t know what the RHNAs will be after the 2031 timeframe. So I would go back to where I was when I made my comments earlier, that I would be very comfortable with making some reduction in Low Density Residential and Medium Density Residential, and we already agreed to take Office and Service Commercial off the table, and so I think that the 10 number is the one that makes sense for the Low- Density Residential so that we can facilitate missing middle housing. Then I like Commissioner Clark’s suggestion about the 20 with the proviso of it being in the range of 500 so that it’s specific what we are trying to accomplish, and that’s still a reduction from the maximum of 24 that is currently proposed in the plan, so it does get the number down some and reduces risk some, but it still doesn’t preempt missing middle housing. Commissioner Janoff, and then Commissioner Thomas. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER JANOFF: If I’m summarizing, I would say that the proposal is Low-Density Residential at 10; and Medium-Density Residential at either 20 or 22, whichever gets us to the 500 or close to the 500 number, 500 or above. So we have a specific number and a specific goal, and I think that’s pretty clear. CHAIR HANSSEN: And are you comfortable with it? COMMISSIONER JANOFF: (Nods head yes.) CHAIR HANSSEN: Okay. Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair. My recommendation is that we, like I said, go with a percentage, because I think that gives Staff more flexibility. Instead of being like it has to be at 500 we say like… I mean, splitting the difference between the 21 and 11 would be 16%, but that’s like it’s more about the overall percent than the number of parcels, so then whatever number… The number of parcels is always like an odd number. I mean, not necessarily odd, but a random not even or round number, so that would be my recommendation. I feel like that might be easier for Staff to go in that direction to say a percent. I don't know if that makes sense. CHAIR HANSSEN: Ms. Armer has a comment for you. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 just thought I’d clarify what I heard in the most recent comments from Commissioner Janoff, which is that if she were to, say, turn her summary into a motion it would be that the Medium-Density Residential would be 20 units per acre, unless that doesn’t include 500 parcels, in which case it would be bumped up to 22. And so it isn’t that it needs to be exactly 500, it’s just that if the 20 isn’t getting you to 500 parcels that you would be recommending it go up to a density of 22 units per acre. COMMISSIONER THOMAS: Okay, thank you. I think that the 500 was a number that Commissioner Clark threw out and it’s actually like closer to 550 than 500, so that was my recommendation of like choosing a percent, then it is kind of a little bit more. I don't know, anyway, if it doesn’t make sense to everyone else, then that’s fine. CHAIR HANSSEN: Thank you for that. Commissioner Janoff. COMMISSIONER JANOFF: I was just going to comment that I do agree that we want to do what is easiest for Staff to get us to a solid number. I think in either case it isn’t a linear projection, so you could say 15% and you might still only be at 400. We don’t know, because we don’t know how those numbers work out. I would defer to Staff. If LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Staff says they can get us to an increase over the 18 with 20% or 22%, then I would say that that’s probably a simpler way for Staff to go than try to hit a percentage. CHAIR HANSSEN: Commissioner Thomas. COMMISSIONER THOMAS: I guess that my problem with this whole discussion is that I don’t really care about the number of parcels, it’s about the percent of parcels that qualify. So like yes, 500 is somewhere between 708 and 354, which is great, but at the end of the day if we’re being told 10% is the marker, I don’t understand why we can’t have the conversation… Or I think that, I don't know, I just feel like it isn’t easier like as 15%... Like thinking about 15% of parcels around Los Gatos is a much easier number to understand and acknowledge and recognize, I think, than, say, 300, 400, 500, 600, 700 parcels, because we don’t… I just want to know what people I guess are comfortable with percent-wise, because I think that that’s the key part. CHAIR HANSSEN: Thank you for that. Director Paulson, you had your hand up, and so why don’t we go back to you? JOEL PAULSON: Thank you. I’m not sure it’s necessary to get to a percentage. This is the third meeting we’ve talked about this and talked about different metrics, LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 but maybe to alleviate some of the concerns of Commissioner Thomas, 500 units is 15% of the total parcels in the Medium-Density Residential, so that number actually is the number, and so whatever that density is, we’d have to determine that by doing the GIS on the parcel size that equates to that density, but just from your percentage conversation, 500 is actually 15%. COMMISSIONER THOMAS: Yeah, and I understand that. I just want to know what other Commissioners think about what percent is like the cutoff, because one of us just threw out 500 units and no one else like I don’t really think went into that math right then, so is 15% something that we’re all comfortable with? Because I think at the end of the day that’s the important part. CHAIR HANSSEN: Commissioner Clark, and then Commissioner Janoff, and then Commissioner Raspe. COMMISSIONER CLARK: Thank you. The reason I had thrown out the 500 number was that 531 is the middle between 354 and 708, so I didn’t just like say 500 for no reason, but I think that it’s pretty much just being used to then decide the density number. Like 500 is not going to be a number that goes out and is used in the General Plan or that is talked about a lot, but it will be the threshold for deciding whether it’s 20 or 22, and so to me I don’t LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 see a difference between the percent of parcels and the number of parcels, because I think as you get to that area it will at least very closely correspond to the percent, like 500 ended up being 15%. My main point would be that I think we should do it however Staff is most comfortable doing it and whatever makes it the easiest on them, which to me it sounds like is just giving a number. CHAIR HANSSEN: Thank you for that, Commissioner Clark. Commissioner Janoff, and then Commissioner Raspe, and then back to Commissioner Thomas. COMMISSIONER JANOFF: To answer the specific question of what percentage are we comfortable with, I’m comfortable with following Staff’s guidance, which is greater than 10%. We’re already at 11% at the 18 dwelling units per acre, so without needing a very specific number I’m comfortable saying an increase will be an increase over that 11%. CHAIR HANSSEN: Thank you for that. Commissioner Raspe. COMMISSIONER RASPE: Thanks, Chair, and to answer Commissioner Thomas’ question, again, we’re all kind of thinking out loud and rolling with it as we go. Fifteen- percent seems not an unreasonable number. Again, this is LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Medium-Density housing allocation and we’re talking about missing middle housing and fourplexes. Again, I said it earlier, to me those two go together splendidly, and so the notion that we would allocate 15% of those structures to this very purpose seems to me appropriate, so whether we fashion it as 15% or 500 units, the result seems to be the same for me. I feel very comfortable in that allocation. CHAIR HANSSEN: Thank you for that. Before I go back to Commissioner Thomas we have to remember what our goal is. Nothing other than the dwelling units per acre is going to be in the General Plan. Well, there’s height too, but nothing is going to be in the General Plan other than that number, so we’re all saying that same thing, that we want to ensure the production of missing middle housing and that makes especially good sense in Medium-Density Residential. I think the consensus of the Commission, although there are people on both sides, is to do something more than 18 and less than 24, so I think the end number is going to end up being around 20, but as Commissioner Clark said, and also you, Commissioner Thomas with the 15%, it might be a little bit different than that, but we’re trying to ensure the production and still be more conservative than the current Draft 2040 General Plan. So I think we’re LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 all saying the same thing, it’s just a question of how it’s worded. Commissioner Thomas. COMMISSIONER THOMAS: Thank you for answering that question. I’m hearing from Commissioner Janoff that really anything above 11 is what she supports, and Commissioner Raspe is saying that 15% seems reasonable, it’s a halfway point in between, so I am just curious what the other Commissioners think, because I think that we’re coming towards a consensus about what percent. Sixteen- percent is the halfway, 15% is a little bit less, the 500 versus like 530. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: My position is a bit of Commissioner Janoff. I think 500 is a good target. Then I wanted to harken back to a lot of the public comments about restricting our analysis for the build-out to the first RHNA cycle, the sixth cycle. Initially that was part of my thinking as well. I now look back at the government code and see that we’re supposed to be looking at a long-term plan for housing, and so my thinking has changed on that, but I didn’t know if Staff or Mr. Schultz wanted to weigh in. I would be interested in LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 their thoughts about why we should be looking at 20 years rather than the first RHNA cycle, eight years. JENNIFER ARMER: Thank you, Commissioner. I can start with giving some context to that. So yes, a General Plan is on a longer timeline than the Housing Element. There isn’t a requirement from the state as to what timeframe is required or how frequently a General Plan has to be updated, but generally it is done every 10 to 20, or in some cases 30 years, but it is intended to be a long-range plan. It is supposed to be looking out. Generally most of them are 20-year plans, and so that is really the goal in terms of the goals and policies. We’ve got a lot of implementation measures. In fact, we don’t expect we’ll be able to do all of them, but having that time period over which to work towards this vision is very essential to the purpose of a General Plan. Whereas the Housing Element is something that, while it’s a component of the General Plan, it is specified by state law that it needs to be updated every eight years, and so we have several Housing Element update cycles within that 20-year timeframe for the General Plan, and as we’re working on this General Plan at the same time that we’re starting the update of the Housing Element, it does confuse LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 things a little bit, because we’re tying these discussions of the Land Use Element very closely with the discussions that the Housing Element Advisory Board is also having right now as to how to meet that RHNA requirement, the Regional Housing Allocation, and so those do get tied together. One of the things that we pointed out in the Staff Report for the meeting on the 13th is that there are certain things, as the Chair pointed out, certain amounts of the accessory dwelling units, for example, that if you want an apples-to-apples comparison with these numbers you need to remove 300 of those, because the number 500 ADUs that’s included in that build-out is based on that 20-year timeframe, and so it’s based on a certain number of ADUs per year since we don’t know exactly where those are going to develop. There are certain things that we did pull out, for example, the current projects that we know are getting their building permits before the beginning of the next RHNA cycle; we pulled those out of the calculation as well to try to get this closer to a comparison that’s more of an apples-to-apples. But it’s true that some of these redevelopment assumptions in the General Plan are based on that 20-year LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 timeline, and so the reasonableness of assuming that that development would all occur during the eight-year cycle is a little bit difficult in terms of how we relate these numbers in terms of the requirement for the Housing Element to these projections for the 20-year General Plan. Hopefully that gives a little bit of context. If I can clarify specific additional questions, please let me know. CHAIR HANSSEN: Thank you for that, Ms. Armer. I think we’re relatively close to a consensus on this particular issue; it’s only a question of how we state it. So if you stay away from a very specific number I think that the desire is there to be a bit more conservative, but without hampering the production of missing middle housing, so then the number is somewhere in the range of 15%, or 500 units, or 20 dwelling units per acre; they’re all almost the same thing. I think that we should try to put a stake in the ground and remember that the thing that we have to put on the table is the dwelling units per acre and we have to make sure we’re comfortable with that, with whatever number we put behind it. Commissioner Clark. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER CLARK: Thank you. I’d like to try a motion. I think I have a good understanding of where we are. I move to recommend number 20 under the Land Use Element with the following changes: Remove housing from Office and Service Commercial designations, so that would reduce it by 313 units, and then reduce Low-Density Residential to 10 maximum units per acre, and reduce Medium-Density Residential to either 20 or 22 units per acre, whichever gets us more than 500 parcels. CHAIR HANSSEN: Okay, I like that, and is there a second? I do have a comment after we get a second. Commissioner Janoff, is that a second? COMMISSIONER JANOFF: It’s actually a question. There are three more bullets on the list that we were marching through. Do we want to take a partial motion and vote now? Because it looks like we’re in a good place to conclude bullets 1-3, but we haven’t yet addressed 4, 5, and 6. Just a question for the Chair on how you want to do that. CHAIR HANSSEN: That was actually my comment, so the maker of the motion, before I call for the second, we ultimately have to decide on all of the bullets, but it is okay with me if we take a partial motion. I want you to LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 modify your motion to say these three bullets, this is my motion, and then know that we’re going to discuss the other three. COMMISSIONER CLARK: Sorry, which bullets are you referring to? CHAIR HANSSEN: I’m looking at page six of the April 13th Staff Report, at the bottom where it says, “Revert Low-Density housing designation,” and then second one, “Reduce Medium-Density housing designation,” and third one, “Remove housing from Office and Service Commercial,” and then there are three more after that. What we were trying to do is avoid the thing that we got into at the last meeting, which was trying to swallow the whole thing at one time, and then it was making people uncomfortable and people were voting no because one part of it was not suiting them, so I’m fine with proceeding with your motion, just as you say that this is just for those three categories, and then we’ll probably take a break and then talk about the other three and anything else that you want to bring up before we finish, because we’re not that far. COMMISSIONER CLARK: Thank you. Yeah, I didn’t think we were discussing those other three bullets, and that’s my bad. I personally think that I’d prefer to wait, LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 but what happens with the other three could definitely influence how I feel about the first three. CHAIR HANSSEN: That is a very good point. So you’re going to withdraw your motion? COMMISSIONER CLARK: Yeah, sorry about that. Thank you. CHAIR HANSSEN: And I would also remind the Commission that where we started was Staff, between pages five and six of this report, talked about the difference between the 3,738 number and normalizing it to a more current timeframe, it was 3,038 units, and gave us the guidance that if you wanted to be ultimately conservative and not plan for growth any more than the RHNA plus the buffer or versus where the General Plan is right now, there is margin of I believe it is 746 units, is that correct, Ms. Armer? Yes, she’s nodding her head. So if you think about these bullets, it might not be necessary to change all of them to get to a number that’s more conservative, so that would my guidance, to wait until we talked about the other three and see if you want to make the changes that I think we have consensus on. But it is 9:12, so I was going to suggest that we take a ten-minute break and come back at 9:22, and then we’ll finish up the other three bullets and hopefully get LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 to a final recommendation on this plan. Sound okay to everyone? (INTERMISSION) CHAIR HANSSEN: Thank you. I think we’ve made really, really good progress so far in terms of finishing, and so I did want to give some thought to the other three bullet points that were on page six of the April 13th Staff Report, which were possible options for reduction in the total build number, and see where the Commissioners are on those as other potential options besides the three that we’ve already talked about. We did talk about the fourth one at our last meeting, and we started to get toward some consensus, but I don’t know if we moved any further on that, but it is reverting properties in the new Community Commercial designation that we created, and Staff, correct me if I’m wrong, it was part of the GPAC and the Community Place Districts. We created a new land use category called Community Commercial, and maybe that’s not right, because we’re changing the densities, but changing the Community Commercial densities back to the same level as Neighborhood Commercial, and that would give a 58 unit reduction. Staff, correct me if I’m wrong, I believe it’s going from 30 to 20? LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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: All of the properties that are currently shown as Community Commercial in the land use map for the 2040 General Plan were previously designated as Neighborhood Commercial, and so these are areas like the Union Shopping Center or the shopping center over on Winchester, and adjacent to downtown the North Santa Cruz area. Those were areas of Commercial where in implementing the increased growth that was discussed in the land use options the thought was that those could be slightly higher than some of the other shopping centers, like Pollard Road, for example, where it would be kept at the Neighborhood Commercial. I can pull up what those densities were. JOEL PAULSON: The existing Neighborhood Commercial is a maximum of 20 dwelling units to the acre and the Community Commercial was moving up to a maximum of 30, so the question is whether or not we revert back to the 20 for those areas that were previously Neighborhood Commercial. CHAIR HANSSEN: I know that the GPAC’s vision for those neighborhood centers was to basically convert them into ground floor Commercial, bring it closer to the street, having parking behind, and then have Residential above, and basically everything that the Commission had been hearing in some of the meetings with affordable LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 housing developers and whatnot is that more density, not less, is needed if you want to go with any meaningful production for Mixed-Use, so it sounds to me like if we were to go back to 20 it could hamper the production of Mixed-Use, but then it’s not known if there is a willingness to redevelop those centers either, so I throw that out there and see what you all think. Commissioner Clark. COMMISSIONER CLARK: Thank you. It sounds to me like those are places that were very specifically chosen as places that should have higher density, and so I don’t think that we should lower them, and I also think that even if there isn’t a willingness to redevelop there, we should at least provide the opportunity for someone to do so. CHAIR HANSSEN: We definitely learned it’s not if you build it they will come, but if you create the land use standards we will get more interest from developers, so it’s a balancing act, but yes, I agree with that. Thoughts from others about whether or not to reduce Community Commercial to the same (inaudible) as Neighborhood Commercial? Commissioner Thomas. COMMISSIONER THOMAS: I agree with Commissioner Clark, and I think that they are very small and very LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 specifically chosen places in Town where we could really use some redevelopment, so I would be in favor of keeping them, especially after hearing from developers about how hard it is to actually develop with our height limitations and everything, so I think that in order to hope for any of these areas that are really strip malls and not efficient and really not meeting the needs of the community right now, I think that we should keep them at 30. CHAIR HANSSEN: Thank you for that. Other thoughts? I would definitely say for myself, having been part of the GPAC for two-and-a-half years, that that is really one of the essential areas for growth that we thought of, and I don’t want to hamper the possibility of redevelopment in those areas by making the density too low, and 30 is not even that high. Commissioner Janoff. COMMISSIONER JANOFF: In agreement with keeping it at the 30, and you probably want to hear from other Commissioners, but the same argument is true for reducing the density in Mixed-Use, which is the next bullet. We talked long and hard about increasing that, because of remarks that we heard from developers, and so I LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 would also be in favor of not reducing the allowed density in Mixed-Use. CHAIR HANSSEN: Actually, I think that’s worthwhile. Let’s add Mixed-Use to the discussion for people to comment on, because it might be a bit different only because there are way more Mixed-Use designations, but if you go by where the Housing Element Advisory Board is right now, the vast majority of numbers of properties are on Los Gatos Boulevard, and a lot of those are already Mixed-Use designation, and that’s where the hope is for production of affordable housing, and it would only be by having height and lots of units that we could get the smaller units and be more affordable housing. Commissioner Clark. COMMISSIONER CLARK: I agree with Commissioner Janoff. I think that it’s important to keep those Mixed-Use increases to help us build them, and I especially think Mixed-Use satisfies a lot of our concerns, like that if there was already going to be buildings where that is, and the closer people live to businesses and services, the less that they have to drive and the more they’re able to walk, and so environmentally and also traffic-wise it eases a lot of concerns, and then when they do need to go further they’re more likely to be near public transportation. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Thank you for that. Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair Hanssen. I agree with everything that has been said, and if we look at this land use map a majority of this area is concentrated on Los Gatos Boulevard, and I think that that is one of the easiest places for us if higher density housing gets built along Los Gatos Boulevard in a Mixed-Use way. Like Commissioner Clark said, people will be close to a lot of amenities and I think that that’s a really easy route to connect more to VTA, because a lot of VTA buses run down Samaritan Drive right now and turn right on Bascom and head towards Campbell, and I think that if we had the number of people that would actually be taking transit, it would be an easy way to connect to the VTA bus routes that already exist in this area, so I do think that I feel strongly about keeping this at 40 dwelling units per acre. I think that, once again, like what we said before, I think that it’s going to be really expensive and we’re going to be really lucky if we get any redevelopment essentially according to the developers that we’ve talked to recently, and so I think that keeping these numbers a little bit more dense in some of these areas is really going to be important for helping us reach our RHNA. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Thank you for that. Other thoughts on either the Community Commercial going back to the density of Neighborhood Commercial, or reducing the Mixed-Use density from 40 to 30? Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair. I’ll just reiterate, I think I’m in support of what my prior Commissioners have said, keeping the Community Commercial designation at the higher density together with the Mixed- Use designation. I think it makes a lot of sense where those areas are located, as Commissioner Thomas has indicated, for both traffic and environmental reasons, locating those in a denser scenario makes a lot of sense, and helps us with our RHNA numbers. I’m hopeful again that it will also help us achieve some affordable housing. That’s a difficult concept to do in Los Gatos, but I think in those areas maybe there is some room for those, so I think higher densities in those areas check a lot of boxes and makes a lot of sense to me and I would support those. CHAIR HANSSEN: Thank you for that. It was said, I think, very well by Commissioner Clark the other day. We can’t control the market forces, but there is no question if you build a 1,000 square foot unit or an 800 square foot LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 unit versus a 6,000 square foot house, the first unit is going to be costing less than the others, so that’s what the whole GPAC effort was about and that’s why we went to Mixed-Use as a primary methodology for achieving growth to help along the affordability, because we knew that (inaudible) would be coming. Any other comments on this? All right, so then the only one left of these bullet points is the last one. Oh, Director Paulson. JOEL PAULSON: Like you say, Chair Hanssen, there should be a seventh bullet, which would be whether or not we want to change the Central Business District for downtown. Currently the max is 20. The proposed General Plan goes up to 30 like Community Commercial, but we have received comments on that, so I make sure we touch on that one. JENNIFER ARMER: And that was additional information provided either in the Addendum or Desk Item for that same meeting, and so that reduction from the proposed density in the Draft 2040 General Plan to the existing density would bring that number down by 76 units. CHAIR HANSSEN: So we will talk about that. I did make a note that it wasn’t on there and I remember we LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 talked about it last time, so yes, we need to talk about that as well. The one after Mixed-Use is High-Density Residential, which is proposed to go from 30 to 40, and were we to change it back to 30 it would give us a reduction in unit growth given the redevelopment assumptions of 111 units. From my perspective I think High-Density Residential and Mixed-Use are kind of intertwined only with the exception of with Mixed-Use you’re requiring there to be another use in the complex, so I think it would be hard to achieve the goals of much smaller housing without raising the density. Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair. Looking at the land use map again, there’s very little High-Density Residential in Town, and I think that some of it, like one is a retirement community senior center, which I think that we would be happy if they redevelop and fit more units into that space, because we know that a really high need area of housing is for older populations. So I’m in support of keeping it as it is, the Draft 2040 Plan, because I do think there are very few places that it would be impacted by, and so I think that it LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 makes sense for us to keep it at the higher density to allow for any possible redevelopment in those areas. CHAIR HANSSEN: Thank you for that. Other comments? Commissioner Janoff. COMMISSIONER JANOFF: I would concur with Commissioner Thomas and add that part of the reason why we are looking for higher density is because we’re also hoping for smaller units, which translates to affordability, so I think keeping the density high is an important component to reaching that objective. CHAIR HANSSEN: Well said. Thank you. Other comments on this High-Density Residential? Okay, then let’s talk about the last one, which is Central Business District. I believe it was brought up in the comments that we went through in a previous meeting going through all the other comments about land use and we did go ahead and make the recommendation, for example, for an implementation program to up the density in the North Forty, to make a recommendation to modify the Specific Plan to allow for more density in the northern portion of the North Forty. I think this was either a Desk Item or it was in the comments, but in case we talked about it a little bit last time. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I know when we talked about the site inventory at the last Housing Element Advisory Board meeting—this is one of the benefits of having the process run concurrently, I suppose—the Vice Mayor spoke very eloquently about the possibility of redeveloping the post office site into more housing opportunities, and the post office being a very high traffic but low use kind of facility, but it requires a lot of cars in and out for the short trips, so it could be scaled back, and she talked about how it could turn into a really nice thing. Then we had also heard in the affordable housing discussion about agri-hoods in San Jose, and there is also some property over there by the parking lot near the post office where that could be redeveloped, so the discussion of the Housing Element Advisory Board was to not take anything off the table. Well, actually that’s true for many parts of Town, because we didn’t have all the numbers yet, but in particular downtown. While people are scared about the idea of adding housing downtown, there are definitely some sites where you would want to make that happen, and so it could be down to the site inventory about which ones could happen, but if you don’t have the density available to make that housing production, then it would be hard to make that happen and LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 developers want to redevelop it. The Housing Element Advisory Board was definitely about making sure we kept our options open in downtown. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I just wanted to add that the Housing Element Advisory Board was interested in keeping the density higher on the height side. There was actually a lot of excitement around doing that, because the downtown is a wonderful place to be. This might not be the place where you’ll have the affordable housing. It would be great if we could find a site for affordable housing. In the downtown area also, if I’m not mistaken, there are a couple of lots that are owned by the Town, which makes them potentially more feasible for affordable housing, low-income housing, so there are some possible opportunities there that really should be explored. What are we doing? Is it recommendation to remove it, to change? CHAIR HANSSEN: To not change it. Yeah, these are all possibilities of how to make the number lower, and so whether we would take that off the table. COMMISSIONER JANOFF: I would not take it off the table. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: And we are talking about going from 20 to 30, it’s not 20 to 40, because we were just talking about Mixed-Use, and so we’re not talking about going to 40, we’re talking about going to 30, and so this would be about not going back to 20, if that makes sense. Other comments on the Central Business District? Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair. This is actually one of the areas that, I think like Commissioner Janoff I’m most excited about. It creates an opportunity, I think, to really revitalize our downtown, make it extraordinarily walkable to the extent it already is, but I think if we were having exciting, interesting livable units in proximity to our shops, it gives us the opportunity to even increase our foot traffic in those shops. It will support our merchants, maybe introduce new concepts, restaurants, clothes, all of it, into our downtown. I think it provides a great stimulation. This is, I think, an investment in our community, and so I would be excited and I would not support reducing our density allocation in the Community Commercial District. CHAIR HANSSEN: Very good. Thank you. Any other comments? All right, I want to ask Staff a question before we proceed. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 There were no comments except for in the Desk Item today about height, however, the General Plan does talk about density as well as height, and if you look at the table in the Draft General Plan there are a bunch of changes to height, so I’m asking Staff if we should at least have a quick discussion about height just for the sake of completeness, because there were very few comments listed in Exhibit 7 regarding height. We did get one in the Desk Item today. JENNIFER ARMER: Thank you, Chair. I would recommend that if there are any Commissioners that feel there should be some change to the heights that are listed in the Draft General Plan that that is definitely something that should be talked about now, but if there aren’t any Commissioners who feel a need to change what’s currently in the 2040 General Plan, then there isn’t any need to discuss. CHAIR HANSSEN: Very good. JENNIFER ARMER: And Director Paulson has something to add. JOEL PAULSON: I was just going to say if there is interest, then Ms. Armer can pull up page four, which has the side-by-side comparison of height, what’s changing LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 and what’s not, if that’s something that the Commission is interested in looking at. CHAIR HANSSEN: You’re probably sorry I brought it up, but I wanted to make sure we didn’t forget about that in case there was somebody that felt we should change something. I will say this, if you read the Desk Item there was a suggestion to not go above 35’. I believe it was on Los Gatos Boulevard, and I don’t have it in front of me right now, but the thing is that I think most of us were in that affordable housing discussion where 45’ is probably not enough to get five stories, so I for one would be reluctant to go to 35’. I mean, we’re at 35’ now and we’re not getting any interest in affordable housing and Mixed- Use housing, so it’s not going to help to keep the height down. That being said, there was also the discussion about whether or not the General Plan should have even higher limits, and I know some of the discussion at the Housing Element and around that were we haven’t gotten very far, but that you can also offer incentives to developers, so the question remains though should we change anything, reduce anything, that’s in the Draft General Plan? LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 I think that the GPAC was all for the changes that were recommended to help facilitate the housing production from the feedback that we’ve gotten from developers, and we had meetings with developers during the process as well. I know you weren’t expected to review the heights, but it is part of the General Plan. Commissioner Janoff. COMMISSIONER JANOFF: Just to start a brief conversation if you’re inclined. GPAC really did go into depth on heights and these were well considered. I feel comfortable with the heights that are here. I know we did hear from developers that even the 45’ might be too low, and as Chair Hanssen has already commented, the Housing Element Advisory Board is already talking about what sort of incentives could be offered should developers be willing to add smaller units, and so higher density, higher height, in order to achieve specifically our low-income goal, so I think we’ve got good numbers here, but I would be interested if other Commissioners have other points of view. CHAIR HANSSEN: Commissioner Thomas. COMMISSIONER THOMAS: I agree. I know that before I joined the GPAC there was a lot of time and energy put into this, and I do think that even with these densities LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 and height restrictions developers are going to have to be really innovative to get stuff done in the Mixed-Use area along Los Gatos Boulevard, so I’m in support of keeping the heights at what they are at. I also appreciated that height was reduced in the hillside areas to protect those views, and stayed the same in Low-Density Residential. So with those in mind I think that I would not support changing any of those numbers. CHAIR HANSSEN: Thank you. Before I go to Commissioner Tavana, quick question. It did come up in the comment in the Desk Item as well, and I had forgotten about this. In that table that you just had up, the reason for having height for Open Space and Agriculture was what? Because we don’t allow building in open space, and there’s nothing in the existing General Plan for the last three, the public Open Space and Agriculture. Why did we put the height in there for those three? JENNIFER ARMER: Those structures are all allowed, and so I believe those numbers were based on the height limits that are within the zoning, just so that we’ve got those numbers provided consistently in the General Plan for all zones. CHAIR HANSSEN: So it was an omission from the 2020 General Plan? LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 JENNIFER ARMER: Yeah. So there are certain elements, for example, height, that wasn’t specified in the 2020 General Plan consistently across all districts, it was specified for some and not for others, and so we were trying to get that consistently shown for all designations. CHAIR HANSSEN: Okay. I didn’t need you to (inaudible) discussion, but I remember someone had asked that, and when I saw it was an A for the existing General Plan I wanted to make sure we asked about that, so I understand. Let’s see, Commissioner Tavana. COMMISSIONER TAVANA: Thank you, Chair. Just a quick comment really, since we’re talking about heights. I did make note of the Public and Open Space designation height only being 35’. I thought that might be higher to match that of Mixed-Use and High-Density heights at 45’, just to support parking potentially. So that was my only comment as I was looking through this. Just thought I would throw that out there. CHAIR HANSSEN: Actually, that’s an interesting thought. Does Staff have any feedback? Would other jurisdictions have a 45’ height limit for public? JOEL PAULSON: We don’t have that information. They may. I think one thing we look at is a lot of our LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 public is schools, and so we actually don’t really regulate the height for schools, because they go through the state, as you can see from many of the structures around our school campuses, especially the high school. If that’s something the Commission is interested in, that can always be included in the recommendation. CHAIR HANSSEN: Does any other Commissioner have any comments on the height, because I’m going to then turn to hopefully us making a motion. Vice Chair Barnett. VICE CHAIR BARNETT: I don’t have an issue about the height recommendations in the plan, or the provisions, but I am curious about what type of structures would be allowed in Open Space and Agriculture? JENNIFER ARMER: Generally a single-family home would be allowed, one house per large parcel, or other agricultural buildings like barns, etc. VICE CHAIR BARNETT: Thirty-five seems to be a pretty big number for a single-family home. JENNIFER ARMER: It is consistent with the maximum height limit in our Single-Family Residential zones, so that’s why we were using that as a height limit, because that was consistently in our Zoning Code based on that. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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: There are any number of other controls that are in our other land use documents besides the General Plan that would govern what could be built and how it could be built in those types of areas, right? JENNIFER ARMER: (Nods head yes.) CHAIR HANSSEN: All right, any other questions about height? So then, what I’m hoping for is that we can start out with a recommendation on any reductions to the build number and/or the height numbers in the General Plan, which in this case of the build number it would be related to densities. Then, having done that, if we can get through that we should go to overall recommendation on the General Plan and the Final EIR. Commissioner Clark. COMMISSIONER CLARK: I’ll defer to Commissioner Raspe first, because I was going to make the motion. CHAIR HANSSEN: Okay, Commissioner Raspe. COMMISSIONER RASPE: Thank you, both Commissioner Clark and Chair Hanssen. I had one question. It feels like we’re largely in accordance here, but before you go to motion, a question or clarification from Staff. Revisiting Low-Density Residential and the LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 difference between maximum dwelling units per acre, 8 versus 10, could you explain once more the impact of that on missing middle? How does having 10 improve the changes of missing middle over having 8. Thank you so much. JENNIFER ARMER: Thank you, Commissioner. I would say that based on the discussion at the last meeting there was an interest in knowing how many parcels in the Low- Density Residential designation would be large enough to allow four units, so a fourplex, as a way of determining kind of a threshold for missing middle housing. So at the 10 units per acre level, 12% of the parcels within Low-Density Residential designation would be large enough to allow four units, and so they would be over that 17,424 square foot size. At the 8 dwelling units per acre, that lowers it down to only 7%, and the thinking there, it’s not an absolute number threshold of one allows missing middle and one doesn’t, but the thinking there is that when you lower that, then those properties that are large enough for a fourplex end up being just those that are in the largest zones, so it’s not distributed through the others, so when you look at the zoning designations that are included under the Low-Density Residential that includes a number of different R-1 zones. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 We’ve got R-1:8, which is a minimum lot size of 8,000, and then it goes up. You’ve got R-1:10, R-1:20, and so when you change this density and you get to the point where only 7% of the lots would allow that fourplex, then you’re most likely talking about those that are in the larger lot size requirement, so it’s not going to be integrated as much through all of that Low-Density Residential. We didn’t get to the point of making maps of where those different levels are; that would have been another level that (inaudible), but that’s kind of the assumption that we’re making to get to this recommendation, that using a 10% threshold is a reasonable one to have a result where it is more integrated through more of the Low- Density Residential areas. COMMISSIONER RASPE: Thank you so much. That’s extraordinarily helpful. Thank you. CHAIR HANSSEN: All right, very good. I will go back to Commissioner Clark. COMMISSIONER CLARK: Thank you. I believe I can actually make the same motion that I did before, so I move to recommend number 20 under Land Use with the following changes: Remove the additional housing from Office and Service Commercial designations, reduce Low-Density LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 Residential to 10 maximum units per acre, and reduce Medium-Density Residential to either 20 or 22 units per acre, which ever gets us more than 500 parcels. CHAIR HANSSEN: And then no other changes? COMMISSIONER CLARK: No other changes. CHAIR HANSSEN: Is there a second? Vice Chair Barnett. VICE CHAIR BARNETT: I’ll second the motion. CHAIR HANSSEN: Very good. Is there any further discussion? I think we had quite a bit of discussion on everything, but there’s always room for more questions. I don’t see anyone with their hand raised. And this is a predecessor vote to voting on the entire… Director Paulson has his hand up. We might have missing something. JOEL PAULSON: Just one point of clarity. There have been a couple of motions, some of them included the no change to Office and the removal of Service Commercial, so I don’t know if that was included in your motion, Commissioner Clark, or whether that was not something you were interested in. JENNIFER ARMER: She did include the removal of those two designations, the housing. JOEL PAULSON: Thank you. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: It was the no changes to those designations from the current 2020 General Plan. Ms. Armer. JENNIFER ARMER: I did want to make sure that I got that down correctly. In your motion, Commissioner Clark, are you recommending that Office and Service Commercial be reverted to the 2020 General Plan density levels? COMMISSIONER CLARK: Yes. JENNIFER ARMER: Not what’s in the 2040 General Plan? COMMISSIONER CLARK: Yeah, like doing the third bullet point. JENNIFER ARMER: The lower. Okay, thank you. COMMISSIONER CLARK: Thank you. CHAIR HANSSEN: Director Paulson, is there more clarity needed? JENNIFER ARMER: (Shakes head no.) CHAIR HANSSEN: Okay, he took his hand down. All right, so we have a motion and we have a second. We will do a roll call vote, and I will start with Commissioner Thomas. COMMISSIONER THOMAS: Yes. CHAIR HANSSEN: Commissioner Tavana. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 COMMISSIONER TAVANA: Yes. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. Very good, so we did it, we got consensus. We have covered all parts of the General Plan as well as the EIR, and so Staff, help me if I’m not saying this correctly about how we need to make a motion on… What we want to do is make a recommendation to the Town Council to approve the Draft 2040 General Plan with the changes that we discussed in our last four meetings, which are noted in the record and then there will be a further record of tonight’s meeting, and then also recommending certification of the Final EIR and all its accordant documents, including the Statement of Overriding Consideration. You don’t have to say the latter part, but certification of the Final EIR implies certification of all the relevant documents that go along with it. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 JENNIFER ARMER: Correct. CHAIR HANSSEN: That covers it? Okay. Commissioner Janoff. COMMISSIONER JANOFF: I would be pleased to make a motion to forward the Draft 2040 General Plan and Draft EIR to Town Council with a recommendation for approval of the Draft 2040 General Plan with the changes that the Planning Commission has documented over the last several meetings, and to certify the Final EIR. CHAIR HANSSEN: And a second? It looks like Commissioner Thomas has her hand up first. COMMISSIONER THOMAS: Second. CHAIR HANSSEN: Okay. Any other further discussion before I call the question? I will go ahead and call the question and 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. LOS GATOS PLANNING COMMISSION 5/2/2022 Item #1, 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 CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well. Staff, are there any appeal rights for this action/recommendation by the Commission? JOEL PAULSON: There are not, Chair, as it’s a recommendation. Thank you. CHAIR HANSSEN: Thank you. This Page Intentionally Left Blank