Loading...
Attachment 8 - June 22, 2022 Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 8 LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HANSSEN: We will move on to the second public hearing, which is to review and make a recommendation on the Draft Objective Standards to the Town Council. We did receive a draft of the Draft Objective Standards as well as a Desk Item from Vice Chair Barnett with some comments that came along with the forwarding of the actual document that Palo Alto has published for itself. I will turn it over to Staff and have you take it from there. SEAN MULLIN: Thank you, Chair. Before you tonight is a review of the Draft Objective Standards for recommendation to the Town Council. The Town of Los Gatos has developed Objective Standards for the review of Multi- Family and Mixed-Use development applications in order to comply with recent State housing legislation, implement streamlined and ministerial review processes for qualifying housing projects, ensure that these qualifying projects align with the Town’s expectations and visions to maintain and support the character of the Town, provide a set of clear criteria to guide development, and establish an LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 objective framework for which qualifying projects may be evaluated. In collaboration with our consultant, M-Group, the Draft Objective Standards were developed following a review of State legislation and existing Town documents, consideration of recommendations received during five Planning Commission Subcommittee meetings, and consideration of feedback received during two community engagement meetings. An Addendum and Desk Item have been distributed, including input from Planning Commissioners and a summary of the issues considered by the Subcommittee. Tom Ford, a principal at M-Group, will now provide more detail on the development of the Draft Objective Standards, as well as present the structure and the content of the draft document. Staff, along with Tom and his team, is available to answer any questions and aid in tonight’s discussion. TOM FORD: Thank you, Sean. It’s great to be here tonight to talk about this great document that I’m sure you’ll have lots of comments on. Sean already went over a little bit of this, but I have a very, very brief presentation to cover these four LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 items and then allow you folks to discuss what you see and give us some feedback. First, I want to make sure everybody is on the same page about why we’re doing this, and a lot of it is reacting to recent State legislation, particularly regarding housing and affordable housing. I want to go over a little bit of the process that we used to develop the document that you’ve had now for a few days to review. We’ll discuss the development topics, how we organized the document, and then allow you to have time for discussion. As the Staff Report noted, we started a while ago. We first started gathering background information and started having that series of meetings with the Subcommittee at the Planning Commission—three people, two of which I think are here with us tonight—and went through a lot of discussion really examining a lot of the subjective design guidelines and existing and present Town documents, and I’ll get into that in just a moment. Following those Subcommittee meetings we basically had sort of a to-do list, and so what we did was we boiled into different kinds of groups of development or design typologies, if you will, and took that to a community meeting. We didn’t even have a draft document yet, we had “preliminary ideas,” I think it was called, and LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 it was just ideas that we had heard from the Subcommittee and how we might develop them for projects that were applicable. Following that meeting we started to develop a draft, and right before your Spring into Green event we released it to the public, and at that event, at a booth that the Planning Staff had, people could start to see it. About ten days after that event we had the second community meeting and continued to take comments, but now people were reacting to an actual draft document as opposed to the development concepts that we thought we would tinker with. Then we get into the second day of summer tonight, and here we are. As we predicted, in summer 2022 we’re before the Planning Commission, so we’re going to start to let you guys give us some ideas, some reactions, and eventually we’ll end up in front of the Town Council where we hope they will consider it for adoption. Sean went through some of these five bullet points. A lot of this is coming from State housing legislation that I’m sure you’ve discussed in various contexts over the last couple or three years. Our way of doing it at M-Group is we really try to dig down into the existing planning documents that a LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 community has already adopted and developed for itself, because those speak to really how the community thinks about itself and it’s the documents that you folks in your review process rely on to give ideas to Applicants, such as the one earlier tonight to push that second floor back. Then we need to provide object criteria to match some of that State legislation, and one of the most known is SB 35. There’s a lot of legislation. There is new legislation right now pending that they’re still discussing, anything from raising the maximum height of an ADU from the current limit, where is parking allowed, and parking around transit. There are a lot of new laws that are going to continue to come down, we think, and they’re going to have a stipulation that the only thing that a community can use to regulate the development proposal will be Objective Standards. However, on the other side of that, it provides a lot of certainty to the developers, because they then really know what are the rules, how do I achieve them, and here’s my application. Then, of course, all of this is about the State’s goal to increase multiple-family housing. So what are Objective Standards? This is taken directly from SB 35. It’s the definition the State uses, it’s the definition we’ve seen in communities who are doing LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 this, they rely on this, because what the Objective Standard has to remove any kind of personal judgment so that when the development proposal is in front of the Staff member at the counter and there’s an Objective Standard, it’s clear to tell if they meet the standard or not, because those two people with potentially different viewpoints have to agree on something, so everything has to be an objective judgment rather than a subjective response. What that sets up is the ability for Town Staff to do ministerial review of projects that come in and meet the requirements of an affordable project, or some other kind of project, that State law has said these are only subject to Objective Standards, so that ministerial review on the right column is going to be happening. What we’re trying to do with the document is find ways to get all of the other stuff in the left column, discretionary review. For instance, my impression of what happened on your first item tonight is at some previous meeting you folks as a body asked the Applicant to go away and push the second floor back. Well, what we’ve been trying to do is to see if there is a way to write an Objective Standard that does that. The difference is you had the benefit of looking at one design on one property. We have to write the standard that would apply across the entire R-2 or R-4 LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 zone, or what have you, so we can’t be as specific as a discretionary review would be, but we can still try to find ways with the appropriate metrics to put those kinds of rules in place. So again, just discretionary on the left, ministerial on the right, and this is what happens. Design guidelines tend to be very subjective. I think the Subcommittee went through probably 400 different subjective design guidelines from various town documents; many of them were duplicated, but they tended to be subjective, and sometimes a subjective guideline is impossible to objectify, such as “eyes on the street.” How would you do that? But maybe there’s a way to measure how much windows there should be, and you have one of those before you tonight in one of the standards towards the end of the document. Design guidelines tend to have recommendations, they’re just not necessarily enforceable, and they don’t necessarily have a measurable aspect to them. The Objective Standards, as I spoke about earlier, have a metric. There needs to be a way that it’s clearly objective. These are some of the Town documents that we reviewed, and it’s really important that you know that these documents are still your Town documents, because LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 you’re going to need them for discretionary review, so these documents aren’t going anywhere; they were just the starting point for us to take subjective information, subjective guidelines in all of these various documents, not so much in the Town Code, but all of these documents, and start to bring it together. We sorted it into the likeminded groups: setbacks, building mass, roofs, things like that, and then started to have those discussions. There’s one thing that’s not really a document, and that’s GPAC referrals. We started our project probably about six months after the GPAC finished going through looking at some drafts of the General Plan, and so what had happened is the Community Character Element had a lot of information in it that the GPAC decided to pull out, but then the GPAC chair and vice chair referred that information to us, and so even that got put into that big list of 400-odd things that we looked at for possibilities for how to objectify. I have three sides here that will talk about the process we went through, because it kind of breaks into three different areas. There’s the preliminary stage where we took those Town documents and we, the consultant team, got our hands around them and tried to understand what they were, worked with Staff to get that material ready to have LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 those Subcommittee discussions that stretched across a couple of months, and then that’s what delivered the preliminary topics that we took to that first community meeting. The preliminary topics were made available on the Town website page specifically dedicated to this project. Then we had the community meeting on Zoom, took some comments, answered questions, and then went away and started drafting that document. The first draft, that very preliminary draft, was a combination of information we received from the Subcommittee and then supplemented by questions and comments that we heard from the community. Once we had that draft, it had started out as an admin draft, Staff picked through it and looked at it and had a lot of comments, and we cleaned it up and we got comfortable with publishing a public review draft, and that’s the one that came out right around Spring into Green and in advance of community meeting #2. Following community meeting #2 we took some comments and then revised that draft document together with Staff; we revised some of the graphics and got the draft together that’s before you tonight, so that’s here for your review. We’ll hopefully have a great discussion with you about it tonight, or suggestions or ideas you have, LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 questions, and at some point get in it front of the Town Council for them to consider it for the option. The way the document that you have before you tonight is lined up, there’s a lot in the first section, Site Design, but then there’s quite a bit in the second section too, Building Design, particularly in the fourth part, Façade Design and Articulation. All of these different pieces, they’ve changed a little bit in the process of how we broke it out, how we’ve divided the document. Parking Structure Design in the Building Design part used to be just a subset of parking structure access, and when we talked about it all with Staff we started talking about let’s talk about the access part in the Site Design and let’s talk about the building, and the Subcommittee actually talked a lot about the facades of parking structures and such, and let’s put the building part in the Building Design part, so that’s one of the ways this changed as the process rolled along. It’s obviously your decision, but what I suggest is I can minimize this PowerPoint and I can pull up the document and scroll through it if you’d like to go to a specific place that you folks might want to have a conversation about, or you can do whatever you want to do. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Then I wanted to let you know, you’re probably aware that the document has a lot of images in it like this. We specifically tried to draw them very plain, because we really just wanted to illustrate the text that’s in the standard, so we’re not trying to provide architectural design with these, we’re just trying to say what it means when you say that you can’t have more than a 3o-foot interval before you have this intervention of the façade plane moving two feet. We realized some of you, or some of us, or a member of the public, all of us might have difficulty understanding what that really looks like, so for almost every time you see an image like this in the document we’ve gone forward and tried to find a totally atmospheric image. We’re not saying this is what Los Gatos needs, we’re just trying to illustrate that concept, and like any photograph, there’s always going to be something that’s wrong. For instance, I think in your town it’s not legal to build a fence this high out in the front setback, but what we were trying to illustrate was that modulating of the front façade and how that happens here and how it happens in the real world; here’s a two-story townhouse version and here’s a four-story stacked flat version. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 So again, just trying to show that real architects, particularly talented ones, can take an idea like this and move with it and create something with the help of these Objective Standards hopefully that the Town can be proud of when the building is done and up and occupied. I have these for any issue that has a diagram in with the little yellow pieces, and we’ve credited all the architects where we found these photographs, and we’ve generally relied on pretty good Multi-Family designers and architects such as Pya Tok and David Baker. So again, I’m not saying this is an image you want to see in Los Gatos, I’m just saying how do you actually illustrate and how would an architect build that concept? With that, I’ll hand it back to the Chair and I’ll let you see if you like my idea of me pulling up the standards to spin through. I’m available to do whatever you’d like. CHAIR HANSSEN: Thank you for that, Mr. Ford. I think that there might be some big picture questions from the Commission. Before I take questions, suggestions, or comments from the Commission I did want to let the Commission know that the three people that were on the Objective Standards LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Subcommittee were myself, Vice Chair Barnett, and former Commissioner Burch, and we did, as noted, make the five meetings where we went through all of the standards that basically had been pulled out by the consultants for us to look at, and what we tried to do is determine if it was possible to make them more objective; there were obviously some things that weren’t possible and we pulled those out. Before I ask Commissioners for other questions though, I did not know what the ultimate format of the document would be, so what I wanted to ask was from a developer’s perspective. We obviously already had some Objective Standards and still do have Objective Standards that are in the resident documents that you mentioned, and then we have this standalone document for Objective Standards, and so how is that going to be clear to developers? I know our Staff will always work with the developers, but you’re going to use these documents side- by-side because we already have the Objective Standards in the General Plan, the zoning code, and so on. How does that process get rolling? SEAN MULLIN: Thank you for that question. It’s alluded to in the Introduction Statement on the front page, and this is a draft document, so we expect that introduction could change as we move through it, but LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 ultimately a qualifying project would need to meet these Objective Standards and other existing Objective Standards. If there were a case where one standard in this document, for instance, is stricter than a standard in the Town Code, then the standard in the draft document would rule. CHAIR HANSSEN: That partly answers my question. I did read the introduction, but basically this is going to be something that’s going to give us more tools but that’s not going to change the process that we already have, which is we’re going to be pulling out our Zoning Code, our General Plan, and other things in addition to this document, and this might make it easier for them to get a ministerial review because we have more parts of the Architecture and Site that would be objectified, is that correct? SEAN MULLIN: Correct. CHAIR HANSSEN: Are there any other larger picture questions versus comments of specific standards in the document? Commissioner Janoff. COMMISSIONER JANOFF: I just wanted to clarify that this is a set of Objective Standard that really is for qualifying Multi-Family and Mixed-Use projects? In other words, we wouldn’t be applying these Objective Standards, for example, to the application that we heard in Item #2? I LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 just wanted to clarify that this is for a different nature of building altogether, is that correct? SEAN MULLIN: That’s correct. It’s applicable to very specific product types. COMMISSIONER JANOFF: Thank you. Then I just wanted to comment back to what Mr. Ford described as the process gleaning from the Town documents and why using the Town documents to pull forward to Objective Standards. It makes really good sense to me when you describe it as leaning on the information that the Town already uses, so it’s familiar information and we’re not going too far afield in terms of what might be used in the past, and it just really tightens up what the Town has already used. I appreciated that as a clarifying point. Thank you. CHAIR HANSSEN: Very good. Commissioner Raspe, and then Vice Chair Barnett. COMMISSIONER RASPE: Thank you, Chair. For Staff, I just want to confirm, so we have the Objective Standards, which leads to a ministerial administration of applications. It’s my understanding that there also will still exist discretionary review if an Applicant so elects to go that route if they want to come outside of the Objective Standards, is that correct? SEAN MULLIN: That’s correct. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 RASPE: And it may or may not be a related question, but you’ve used the language “qualifying Multi-Family and Mixed-Use projects” in the introduction and I think it appears throughout the Objective Standards. What does qualifying mean in that sense? SEAN MULLIN: Thank you. Tom, you may be able to add more to this, but it has to do with the number of Residential units involved in a Multi-Family or Mixed-Use development. I believe the minimum is three, but it’s been a day of looking at a lot of different things, so I think a minimum of three. TOM FORD: Right, and it’s also like the levels of affordability that are offered in the project that’s being put forth, and that will differ from town to town depending on where you are in your annual report to HCD about how you’re doing with providing affordable housing, so different towns and cities will meet different standards, so when I see that language it just means anybody who is eligible with an affordable project to come forward and only be judged in a ministerial process by Objective Standards. These would be the Objective Standards. And Sean, just to put a fine point on what you said, I believe because of the Housing Crisis Act, or SB LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 25 330, it’s actually any project that’s two units and above. It can still go through a discretionary process, but it can’t be denied if it meets all of the Objective Standards, so it would need to meet all of the Objective Standards also, but it doesn’t have to go through a 60-day ministerial process. COMMISSIONER RASPE: Thanks, that’s very helpful. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Also for Staff, I believe in Subcommittee meetings there was some discussion about amending the Town Code, the Residential Design Guidelines, and Commercial Design Guidelines following adoption of the Objective Standards. Am I right in that regard? SEAN MULLIN: Thank you for that question. You’re right, that was discussed. The intent at this point is that this would be a standalone policy document, and the intent at this point is not to amend any other documents unless it’s just a reference that this document does exist. CHAIR HANSSEN: Commissioner Clark, and then Commissioner Janoff again. COMMISSIONER CLARK: I’m not exactly sure how to ask this, but I’m wondering what happens with something that is not mentioned in the Objective Standards if a project meets all of them. For example, one of the things LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 that made me think of this was Vice Chair Barnett’s document talked about loading docs, which our Objective Standards hadn’t talked about, and so how would that have been handled, say, if we don’t incorporate it? SEAN MULLIN: Thank you. To take that specific example, if a loading doc came up there is some guidance in the Town Code about, I think, locations of those types of things. I would mention that this is a living document and over time as these projects roll through the Town, if items that had not been identified in this document at this point come up, Staff will continue to make note of those, and as we do every so often with the Hillside Design Standards and Guidelines or Residential Design Guidelines, we could return to amend the document and correct anything that was unintended or omitted. COMMISSIONER CLARK: So one of our goals is also to try to think of everything that we can to have it in there ahead of time on those? SEAN MULLIN: That’s part of the goal tonight, and also to use your example again, if the majority of the Commission wants loading docs addressed, that can be part of the recommendation to the Town Council and Staff can work on that as we forward the document to the Town Council. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: A couple of comments. One I wanted to loop back to Mr. Ford’s illustrations of the different plain forms and actual lifestyle photographs. I think it’s a really good idea to include that. We had some comments in our Addendum, I think, that indicated that these forms look pretty bleak, they don’t have any imagination to them, and are we forcing developers to design all the beautiful features out of building space? I think part of that comment is driven by the simplicity of the diagrams, and so having illustrations, even if they aren’t perfectly fitting Los Gatos’ standards, is a really good idea. People need to see that visual, because it’s sometimes challenging without that, so I would like to see that included. Back to the question of what isn’t in this document, and something that the Planning Commission hears a lot—I won’t say every project, but many, many projects—is with respect of the protection of views. I know this is an extremely difficult topic to create an Objective Standard around, because the views are so subjective. My question is was that considered, and are there any jurisdictions that you know of, like Tahoe, Woodside, some of the more bucolic settings, in addition to Los Gatos, that do have an LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Objective Standard regarding views or view protection, whether it’s building height, which is something we probably wouldn’t want in this document, because we don’t want to further limit what the developers can do, especially from Mixed-Use and affordable housing, so we don’t want to add government regulations there, but can you just comment on views and how possible or not possible it is to create a standard objective around that? SEAN MULLIN: I can briefly respond to that and then pass it on to Tom. I’m not aware of other cities or jurisdictions that have pursued views in the Objective Standards, but I surely haven’t read as many of these documents as Tom has, so I would default to him. One other thing to note, the intent of the images that Tom has provided today to run parallel with the diagrammatic illustrations was not to be put into the document necessarily, but to illustrate the purpose and how those sort of plain images can be realized in real life. That could be part of your recommendation moving forward, that images be sourced moving forward for inclusion in the document, but we would have to source royalty-free or hire someone to create those images. With that, Tom, I’m not sure if you have any response about the view piece. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: We did discuss it during at least two meetings of the Subcommittee. I think, first of all, you have to separate are you talking about a view from the property out, or are you talking about a view from different parts of Town onto the hillside and the slope? Generally, one of the reasons we stayed away from it with the Subcommittee was because since you don’t have a viewshed protection ordinance, or any kind of a view ordinance, it would be hard for us to start making regulations against a moving target, if you will. Because our office is doing a number of these Objective Standards throughout the Bay Area, I’ve also been tracking other communities. I know in Sausalito, as they were trying to develop their Objective Standards they wanted to have some sort of view protection ordinance, and it became just a really hard nightmare for them because the view changes from property to property, and as I said in my presentation, we’re trying to make a standard that applies to all our four properties, or all Downtown Commercial properties, or whatever, so it’s kind of hard. They did a lot of studying of different moving parts, and it’s really difficult because it is so subjective, and so trying to establish an objective rule gets very, very difficult. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 COMMISSIONER JANOFF: Thank you. I appreciate those responses. CHAIR HANSSEN: Following up on Commissioner Janoff’s question, you did mention one jurisdiction that was going in this direction. Are there other jurisdictions in California that are also very scenic that have been successful in doing this? You didn’t refer to a view ordinance, so do we know of other communities that have a view ordinance and have been successful with it? TOM FORD: First let me correct myself. Sausalito started down the road, but they didn’t finish. They finished their Objective Standards document without tackling that issue, but they tried. I can’t name communities offhand but I know there are communities—I want to say Chico—where view protection ordinances exist. Again, I can’t think of a jurisdiction right offhand, but starting with that ordinance, that’s where I would start before trying to write Objective Standards for something that’s moveable. CHAIR HANSSEN: For the rest of the Commission, we did discuss this during the Subcommittee and I do recall the guidance we were given of a view ordinance, so if we do want to go there in terms of our recommendation to Council, LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 probably the thing to do is recommend that the Council look into trying to put together a view ordinance. On the devil’s advocate side of that, since I’m chairing the Housing Element Advisory Board, and the Town Council is getting ready to finalize the General Plan, we are relying very heavily on Mixed-Use in both the Housing Element and the General Plan for success in terms of meeting our RHNA allocation, and the only way that Mixed- Use can be successful is through additional height and sometimes additional FAR, and sometimes some other things on top of that, and those might directly impact views, so I would say if we’re going to recommend that to Town Council we have to understand that it might be complicated by the fact that when we’re building four stories, and maybe even five, that it would be hard to protect those views. Let me see if there are other questions. Since Vice Chair Barnett had submitted his comments I did want to at least bring up that we were forwarded a copy of Palo Alto’s Objective Standards, and also the Vice Chair had submitted some comments on top of that that he thought were important after reviewing that. Since Palo Alto’s standards are so much longer than ours, how should we think about that? I’m going to ask Staff that. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 SEAN MULLIN: Thank you. I would attribute part of the length of Palo Alto’s ordinance that they created around Objective Standards to it tries to capture two things, and you might recognize some of the language in there. The first is they have their Objective Standards for these same types of qualifying projects. The second piece is they’ll have an Objective Standard in what’s called a context-based design criteria, which they’re usually similar concepts. The Objective Standard is just that, it’s objective and it can be applied to those projects that qualify. The context-based design criteria are for projects that don’t meet the Objective Standards or choose not to utilize that process, and they did a much more robust overhaul and drafting of a document and an overhaul of their city ordinance and incorporated it into a new chapter, and I think that having the two running parallel creates a much longer document. A through line to what they’ve set up to the Town of Los Gatos is that we are developing an Objective Standards process as a standalone policy document that would not live within the Town Ordinance, and to Commissioner Raspe’s question, to those projects that LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 wouldn’t meet those Objective Standards or choose not to, they would pursue the typical Architecture and Site process similar Palo Alto’s context-based design criteria. And to your question, Chair, if there are items, concepts, particular Objective Standards, or even the design criteria, if there are particular items in that document or in their ordinance that you would like to pursue, you can include those as recommendations, even if they’re not objective at this point. We can attempt to make something objective, we can look at whether it would create a conflict within the document, and we can redraft language; it could be additive or it could revise existing language. I think some of the examples that Vice Chair Barnett provided tonight, we have a draft in our document, but maybe not the same way. We have gone about it a different way, but we have addressing something like pedestrian access, for instance. But you could certainly pull from Palo Alto or any other document, or any other concept in general, and include that in your recommendation as we move forward. CHAIR HANSSEN: So with that in mind, Vice Chair Barnett, you did submit your recommendations and it sounds LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 like Staff has gone through those. How would you like us to consider those in tonight’s hearing? Ms. Armer has her hand up. JENNIFER ARMER: Sorry, Chair, but just wanted to remind you that we do have some members of the public, so once you are done with overarching questions, we might see if they’ve got comments to share. CHAIR HANSSEN: I was planning to do that. That’s one of the reasons I wanted to go over the overarching comments. The other reason is that if it’s not in the document now, then this would be a time to bring those up versus going through the document and saying I wish it said this instead of this. If you think something is missing, it’s probably good to bring those up now. That was the reason for my questioning, but after that I will go to public comments. My question was for Vice Chair Barnett. VICE CHAIR BARNETT: The document from Palo Alto is rather daunting, and there’s some sentiment that we shouldn’t continue tonight’s hearing for the purpose of further examination of that document. Community Development Director Paulson had an excellent suggestion, which is that we forward that as a recommendation for review by the Town Council and not try to make any decisions tonight in the short amount of time that’s available. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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: That might be a way to do that. Relative to the finding of the Palo Alto document, I do imaging a scenario where any number of jurisdictions will come out with their document and we might wish ours looked like that, and so I do have that concern about trying to spend too much time tracking other documents, but since this one is in front of us I think it would be helpful if any Commissioners have specific things that they want our Staff to consider as we move forward, that we should try to get those on the table as soon as possible. Let’s go to public comments. This would be a time for any members of the public to speak about the Draft Objective Standards that is on the agenda and that we are discussing currently. JENNIFER ARMER: If anyone is interested in speaking on this item, please raise your hand. Lee Quintana. You should be able to unmute. You have three minutes. LEE QUINTANA: Number one that I would like to speak to is the fact that at previous meetings on this it was stated that there would be one unified document that included all the objectives that applied to qualifying projects, and that seems to have gone by the wayside. I do think that if you don’t do that it is going to be totally LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 confusing to the public; they’re not going to understand what exactly is included for these standards. I do believe, as has been suggested, that you need to define in the document what a qualifying project is. As for photos, I think for the public to understand the concepts—and this document should not be just for the developers—that you need to include either a photograph or probably even better, a graphic figure of what you’re trying to present. I think from what’s being said it sounds like this is going to go the Town Council fairly rapidly, and that doesn’t seem like giving either the public or the Commission adequate opportunity to really digest what is being proposed and what could be proposed. Myself, I have not had a chance to look at the Palo Alto example, but the one thing I really believe is that it has to be an integrated document that all the objectives that apply are listed. You many not have to actually quote them, but you would at least have to give the direction as to where they could be found specifically by section, document page, or whatever. Otherwise, the document is not user-friendly and it is not transparent to the public. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 I guess that is basically going to be my statement right now. I think we need to pay more attention to how the documents are understood and perceived by the public so that they can understand the process and what is actually being proposed. My other comment is that this document, my understanding anyway, can cover Multi-Family projects that contain duplexes on up to large Multi-Family structures, so there are a whole bunch of different types of buildings that are being covered, and yet the objectives don’t break that down as to what applies to what building type, so again, I think that it needs better clarification for that, both for understanding by the public and even by developers themselves. Thank you. CHAIR HANSSEN: Thank you for your comments. They’re always very helpful and we really appreciate you talking to us. Any questions for Ms. Quintana? Seeing none, I’d like to ask if there is anyone else that would like to speak on the Draft Objective Standards? JENNIFER ARMER: If you’d like to speak on this item, please raise your hand. I don’t see any other hands raised, Chair. CHAIR HANSSEN: All right, then I will close public comment and go back to the Commission. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Ms. Quintana brought up a more specific version of what was on my mind when I asked the question earlier about how does this process work, and so I would like to say that I appreciated her comment. I don’t know where the rest of the Commission is on this, but I do think there would be some merit to having a more comprehensive thing even if we’re pulling things out of code or whatever, so that people would know what all the Objective Standards were. I think that’s not a bad thing to consider, so I’ll just put that out there from my point of view. Are there other things that the Commission would want to bring up in terms of the things that are missing, or structural issues, or other things? We could also go through the document itself, but I wanted to see if anyone had any specific concerns about the overall structure and the direction that this is going. I think there were a couple of comments about having pictures, and I don't know what Staff wants us to do. Should we vote on if there are specific recommendations, or just if it seems like we have consensus from the Commission we can forward that on as a recommendation? How does Staff want us to do that? JENNIFER ARMER: Thank you, Chair. I can jump in. I would say that there are a couple of different ways that LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 you could proceed. If, as you’re talking through, there are certain recommendations that you want to make individual motions about to see if there is consensus and support, you could do it that way; or you could keep track as the discussion goes on and have a list of additional changes, modifications, or additional material that you think should be provided to Town Council, and consolidate that in a single motion at the end of the discussion. CHAIR HANSSEN: All right. Commissioner Janoff, you had your hand up and you don’t anymore, so your question is answered? COMMISSIONER JANOFF: I was just going to say if we’re going to walk through the document, then there are opportunities for recommendation, but I think Ms. Quintana’s point about having a… It could be a drawing, it doesn’t need to be a photograph, but something that better illustrates different types of design standards would be helpful. CHAIR HANSSEN: All right, then I’m okay with going ahead and looking at the document if you want to put that on the screen. TOM FORD: Do you literally want to scroll through the entire document, or does somebody want to raise a LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 specific standard that they’d like to discuss and I can flip to it? CHAIR HANSSEN: I’m presuming that everyone on the Commission has read the draft document, so I don't know that we need to go over things, but what we did with the General Plan, and what we’ve done with the Housing Element so far, is go by section and see if there are things; and we did this is the Subcommittee as well. I think we didn’t talk about every last thing, but we went through sections and said are there things that caught our attention that we want to talk about? So I will ask Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Mine are comments throughout that I’ll just offer. On 1.2 on this page we talk about a height, but we don’t mention depth, and I’m wondering whether there might be an addition so it’s a height of 6”, and a depth of I don't know if it’s 2’, or what it might be? TOM FORD: Okay. CHAIR HANSSEN: It seems like a good suggestion. I don’t have my whole document open in front of me, but is this everything under Pedestrian Access, or is that just the first page? LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: Yes, that’s it for Pedestrian Access. The next page will start into the second section, Vehicular Access. CHAIR HANSSEN: Commissioner Janoff, did you have another comment? COMMISSIONER JANOFF: I don’t. CHAIR HANSSEN: Vice Chair Barnett, did you have a question about the Pedestrian Access or Vehicular Access? VICE CHAIR BARNETT: Pedestrian Access. I wanted to point out in my suggestions of possible modifications based on the Palo Alto Objective Standards, Item 2, there’s a hierarchy of access issues for prioritizing pedestrians, bikes, and vehicles in that order, and I wonder if we could consider that as a possible modification? CHAIR HANSSEN: Just to make sure that it’s clear what you’re asking, the Palo Alto document, they were saying that you would prioritize certain modes of transportation over like, say, cars for example? VICE CHAIR BARNETT: Yes, it talks specifically about pedestrians and bikes before it gets to vehicles. CHAIR HANSSEN: What do other Commissioners think about that? Commissioner Clark. COMMISSIONER CLARK: The hierarchy was one of the things I liked the most from the Palo Alto Objective LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Standards. I think that is something I would want to exist in any project anyway, so if it’s feasible I would support incorporating it, but I’d definitely be curious to hear Staff opinions and if that seems to restrictive or anything like that. CHAIR HANSSEN: What is Staff’s reaction to the suggestion? SEAN MULLIN: Thank you. My initial reaction is this is one of those examples that come out of Palo Alto’s contextual design criteria, and it may be difficult to objectify the hierarchy of priority between different modes of travel. We certainly will take your suggestion and look into it. This is one of the examples where it may be a little difficult, but we’ll see if there’s a way to do it that is objective. In the end, going back to the definition of these Objective Standards, it can’t allow anyone to really think about it, if you will, or make a decision on whether they’ve adequately addressed the hierarchy. It needs to be something like—this is out of left field—all Mixed-Use projects shall include a Class 1 bike lane on the street- facing façade. It would need to be at that level versus all Mixed-Use projects shall prioritize pedestrian to bike to cars in that order, because there’s no way to quantify that LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 as did the developer meet that standard or not? But it’s something we can look into. CHAIR HANSSEN: I think that’s fine, and I think there are a couple of Commissioners that think that it would be good to go in that direction if we could, but we understand there might be some concerns about whether or not you can make it objective. Any other comments on the Pedestrian Access section? Then I think we can go on. TOM FORD: Vehicular Access. CHAIR HANSSEN: So we just have the one standard for Vehicular Access? TOM FORD: Yes. CHAIR HANSSEN: This is going to bring up like what’s left out. If I recall, we didn’t have anything for bicycles in here, we only have pedestrian and vehicle, and then we’re going right into parking, is that correct? TOM FORD: Correct, we don’t have any bicycle- specific standards. CHAIR HANSSEN: So question for Staff. I’ve seen for LEED standards, for example, if you want to get LEED certification you have to have like bike lockers or things like that, bike parking in parking lots and parking garages and so on, or is there another place that we would have LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 standards for how projects are supposed to accommodate bicyclists? JOEL PAULSON: Thank you, Chair. Joel Paulson, Community Development Director. A couple of things. For the bike, we have a Bicycle and Pedestrian Master Plan that Parks and Public Works deals with, which has different right-of-way improvements depending on the street and what kind of improvements they’re looking for moving forward. Those bicycle storage components are required in other documents by other agencies as well as far as whether it’s LEED or things that you need to do to show that you’re providing X number of bike parking spaces per either square foot or per vehicular parking spot, and so there are actual specifics, and I can’t recall off the top of my head, but there may actually be some of those in the Building Code as well, so those are the types of things that, again, from an objective versus aspirational criteria, those are kind of two different topics. We definitely can, as Sean mentioned on the previous item, look into options for creating those. I think the challenge is once you start—which is what we tried not to do—to capture every Objective Standard from the Zoning Code, every Objective Standard from every other document, and pull it into one document, then every time we LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 make a change in one we have to make a change in all of them. So that’s definitely something that we can look at, but I think the important component is it sounds like there’s an interest to make sure that we’re either capturing here or it’s captured somewhere else, kind of two topics on this relating to bikes; I think it’s the bicycle infrastructure from a public right-of-way standpoint as well bike storage mechanisms. CHAIR HANSSEN: From my perspective, and then I’m happy to hear from other Commissioners as well, if it’s of interest to the Commission and it’s in the Palo Alto standard to prioritize the bikes and pedestrians over other forms of vehicles, one of the ways that you’re not doing that is by not calling out things that are in our Objective Standards that pertain to bicyclists. That being said, I understand that there is stuff in other documents, but I feel like that might be a miss that we should try to put something in here, even if it’s about bike parking, something like that, especially when we’re talking about parking cars. Commissioner Janoff. COMMISSIONER JANOFF: A couple of comments. I think that the introduction could more clearly describe that this is a standalone document, but there are other complementary documents that should be referred to LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 that also contain Objective Standards, and you could name the various documents that exist. I would list them; there are a dozen of so, or a half a dozen. That way, to anyone’s concern that we’re silent on it and that we don’t address it because it’s not in this document, we’ve said go look for it in the appropriate document elsewhere, and I would feel comfortable doing that rather than duplicating the items that are already Objective Standards in other documents for the reason just mentioned. Having said that, I haven’t thoroughly read the Palo Alto guidelines. I was confused about the contextual guidelines and the Objective Standards, so I kind of got mixed up in that a little bit. I’m not clear what prioritizing pedestrian and bicycle over vehicles, or pedestrian over bike, etc., I’m not sure what that means, but I would say in this instance that something about accommodating bicycles, just putting some objective language in here just so we cover all the modes of transportation, so that at least it’s complete. I don’t see that that’s going to be needed going through this document, but I think it makes sense here; it’s sort of an obvious omission, even though, as you say, we’ve got it covered in other documents. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 CHAIR HANSSEN: I kind of have a feeling our Vice Mayor, who is an avid bicyclist, will be bringing up something similar when the Town Council sees it. As far as Vehicular Access, I think what we have is fine. It’s intended to keep circulating in the parking garage from going out into the street, so that makes sense. Any other thoughts about Vehicular Access? Is there more Parking Location and Design on the next page? TOM FORD: Yes. CHAIR HANSSEN: It looks to me like most of the things as far as parking vehicles were there. Then I thought about bikes, so I already brought that point up. TOM FORD: So move on? CHAIR HANSSEN: Does anyone have any comments so far on the Parking Location and Design standards? Then there’s Parking Structure Access. Commissioner Janoff. COMMISSIONER JANOFF: When we get there, just a comment on Utilities. CHAIR HANSSEN: Any other Commissioners that have comments on Parking Location and Design standards or Parking Structure Access? Okay, Utilities. And then it goes on to the next page. So Commissioner Janoff. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 COMMISSIONER JANOFF: When I read 5.1 I thought those are really huge light fixtures, so I think you’re missing a word. “Light fixtures shall be located at a minimum of 3’ and a maximum of 15’.” I think that’s what was intended, but correct me if I’m wrong. CHAIR HANSSEN: Could Staff answer that question? SEAN MULLIN: I’m sorry, I was just rereading it very carefully. Yes, I think the intent here is actually for pedestrian lighting along pedestrian paths, that the 3’ is a minimum height and then a maximum height of 15’. This wasn’t speaking to the distance between or the placement of the actual fixtures, so you could imagine path lighting that’s incorporated into a bollard versus like the light fixture shown in the figure on the next page. COMMISSIONER JANOFF: I understand what you’re saying; I’m just reading this literally. It says, “The lighting fixture shall be a minimum of 3’ and a maximum of 15’ in height.” That describes the light fixture, not its location. SEAN MULLIN: I understand the recommendation. I’m going to make sure to note that. Thank you. CHAIR HANSSEN: I actually think there’s some merit to thinking about adding or tweaking one of the standards, especially with all the dark skies advocates LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 that we’ve had during the General Plan hearings, because there’s nothing in here that would prohibit someone from putting like, say, path lighting every foot, so the height is only one aspect of it. We just landscaped our own yard and put some path lighting in, and we put it like 15’ apart from each other, so I would recommend maybe adding onto 5.1 something like that just to make sure that they’re not doing access lighting in height or in volume. I don't know if it’s possible to make that objective. He had some other ones in there about when the parking lot is so long you do a landscape strip or something. It seems to me you could make that objective. SEAN MULLIN: We’ve noted that and we certainly could look into that. JENNIFER ARMER: Yes, we can look into it. Of course the spacing will depend somewhat on the style and height of the lighting itself and the brightness of it, so we can look to see if there’s something to be included. CHAIR HANSSEN: Any other comments? So that’s everything on Utilities through 5.3. I remember talking about the screening, so then the next thing is Landscape and Screening. Any comments on Landscape and Screening? Commissioner Raspe. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 COMMISSIONER RASPE: Thank you, Chair, just a couple of comments. Under A.6 and I think again at A.9 we talked about plantings, and I know we spent a lot of time in our General Plan discussion talking about using native plantings and all that, and I just wanted to confirm, we don’t have to reinsert that language into this document, is that correct? Because the General Plan is a more restrictive document in that sense, and then those standards were carried into this document, is that right? SEAN MULLIN: It would depend on how it’s written in the General Plan. If the General Plan—and I’m sorry, but I don’t have the language in front of me—says something similar to native planting is highly preferred by the Town versus native species shall be incorporated in all landscape plans, the first is a subjective criteria and couldn’t be applied, and wouldn’t be applied, under a project like this. The second statement would be objective and you’d have to meet that in addition to the Landscape and Screening requirements here. So if there were a wish to be more restrictive or to create something objective that doesn’t exist, or only exists in the subjective form in another document, that’s the type of recommendation we would certainly entertain. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 COMMISSIONER RASPE: Perfect. Then my thought—and I would welcome the thoughts of my fellow commissioners— would be wherever landscaping is discussed—and again, my notes indicates at least Sections A.6 and A.9—that there would be either a requirement or a preference for native and drought tolerant plantings where possible. Then as long as we’re in the same section, Section 6.2a, when we’re talking about screening it calls for a solid masonry wall, and we’re talking about in the buffer between a Multi-Family and a Single-Family Residential building, and I’m just curious why a masonry wall is called for. It seems to me maybe regular fencing in certain circumstances might work and might fit in better aesthetically in some neighborhoods than a solid masonry wall. I suspect a masonry wall probably has some sound attenuation benefit to it, but aside from that is there a reason to use masonry as opposed to allowing some other forms and materials? SEAN MULLIN: Thank you. This is an example of an Objective Standard that was created from language that already existed, and I can’t remember the exact language— I’d have to look up the source, and we can certainly do that—but there is a current requirement for a masonry wall LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 when you are interfacing between, I think it might be, Commercial and Residential. JENNIFER ARMER: Correct. SEAN MULLIN: So this is where that was born from, and the caveat here would be if we created an Objective Standard that was less restrictive than an existing Objective Standard, because that could be problematic and in conflict between the two documents. We’re looking a little bit farther forward as we consider this. So we’ve tried to maintain it at at least the level that existed somewhere else, if not more restrictive, within this document. COMMISSIONER RASPE: That’s a fair comment and thank you for explaining it. I’ll withdraw my recommendation then with respect to the masonry wall and just preserve my comments with respect to the plantings. TOM FORD: I want to go back to what Commissioner Raspe was saying about landscaping. We actually can’t write sentences that say things like “where feasible,” because that just opens up to opinions; that’s not objective. But I think we can still investigate the whole idea of native and drought tolerant, and I think one of the ways into it might be the C.3 guidelines, which are already in effect Town- wide on certain kinds of projects. I think there are a lot LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 of ways to look at it, but I just wanted to make sure everybody knows that we can’t use sentences that say things like, “if feasible” or, “as necessary” and things like that. CHAIR HANSSEN: The Town Council was just going over the General Plan on Monday, and I don’t have the General Plan in front of me, but I want to say that we actually had that the plantings have to be in a category or this, or this, or this, and if it is, then I would say that Commissioner Raspe’s suggestion we ought to make this a bit more robust. Then as far as the comment about the masonry wall, if that came from an existing document where it’s between Residential and Commercial, is there a way to make sure that it’s clear, or is this going to apply if there are two Residential buildings that are next to each other that they’re going to have to put a masonry wall? JENNIFER ARMER: Because this is a sub-point underneath the previous policy that does specify that it’s between Multi-Family or Mixed-Use development abutting a Residential property, any of these higher-intensity projects that abut a Residential property would have this requirement. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 CHAIR HANSSEN: So it is clear that we know what the context would be, because I had the same reaction, because especially in the Planning Commission we are always hearing about fences, or screening trees, but if we already have that in another standard, then we don’t want to be inconsistent. Commissioner Clark has her hand up. COMMISSIONER CLARK: I have two comments under Landscaping and Screening. First, to jump off of what Ms. Armer was just saying, so in that case if it’s between a Multi-Family Residential and then a like Single-Family, does that mean that theoretically a duplex next to a Single-Family home would need a masonry wall, or where does the line exist for that? JENNIFER ARMER: Based on the earlier discussion I think one of the things that we would work on developing is a more specific definition of qualifying projects so that we could make sure that it is clear maybe that there will be some references to State regulations, but make it clear as to which projects are considered Multi-Family for this type of policy. COMMISSIONER CLARK: Thank you. Yes, I’d like to make sure that we flag to not have a wall between a duplex or a four-plex in the Single-Family home, because our goal LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 this whole time with missing middle has been to have it kind of blend in with the neighborhood, so that might be for a different conversation, but just to raise that. And then, Chair, may I ask another question? CHAIR HANSSEN: Absolutely. COMMISSIONER CLARK: My other question is on 6.1. It says that the area shall be landscaped and I was wondering if there is a definition of landscaped sitting anywhere? I felt like that could be up to interpretation. TOM FORD: It could be left up to interpretation, however, I don't know if it’s defined in the code, if it’s one of the definitions that’s already given. SEAN MULLIN: I was going to say that it’s something that we did discuss and this is where we landed. We could certainly look at it a little bit more carefully and see if it needs to be a defined term. COMMISSIONER CLARK: Yes, great. CHAIR HANSSEN: I actually had the same reaction. I was like it could be a pile of gravel, a bunch of mulch, or it could be all hardscape. Maybe those are all in the desirable category, but to me I think that would be worth looking into if it’s clear enough what it would be. Commissioner Raspe. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 COMMISSIONER RASPE: Thank you, Chair. One more comment with respect to landscaping, and that’s in Section 6.3. The language provides for a minimum height of 3’ with landscaping between parking lots and street to serve as kind of an official buffer. I’m wondering if we wanted to create or insert a maximum height as well? There could be aesthetic and safety reasons to create maximum heights, but it occurs to me there also are security reasons. Creating hiding places or little dark corners in parking lots is certainly something we want to avoid, I think, so for security reasons, if no other, so you may want to insert a height limitation on the buffers around parking lots. SEAN MULLIN: Thank you. I would just quickly respond that part of what you’ll see is duplicated this document and the Town Code is some of the regulations for fencing, because those were just updated back in 2019. That included a maximum height in basically the setback areas that are adjacent to streets, so that’s the street side or up front setback area and areas as you get closer to corners or driveways. So now it’s codified with a maximum height of 3’ and that’s where we started here, but that is something that we could clarify and duplicate so that we’re calling LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 out that you’ve got to be at least 3’, but if you’re in the setbacks abutting a street, then no higher than 3’. COMMISSIONER RASPE: I think that would be helpful. Thanks so much. CHAIR HANSSEN: That’s a very good suggestion. I did want to make one more comment about the wall thing. I think that Commissioner Clark’s comments were right on and I know we can do something about it, but the other thing that I thought of is since we’re trying to promote affordable housing it might be onerous, especially if you’re looking at a two-unit next to another two-unit, to have to build a wall, because it would be more expensive than planking and things like that, so I just want to make sure that we’re really careful about under what circumstances a wall is required. Anyone else have questions or comments on the Landscaping and Screening? So then we can go to Fencing. Staff, you did mention that most of this is taken directly out of our Fence Ordinance? JENNIFER ARMER: Correct. SEAN MULLIN: Correct. Thank you. CHAIR HANSSEN: So there won’t be any conflict between this and our Fence Ordinance? JENNIFER ARMER: Correct. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: Should I move on? CHAIR HANSSEN: I don’t think anyone has any comments on Fencing. Retaining Walls? JENNIFER ARMER: Chair, I would add also that this does come almost directly from the Hillside Design Standards and Guidelines for retaining walls. SEAN MULLIN: That’s correct. CHAIR HANSSEN: Going back to Ms. Quintana’s questions, I know we’ve already made this as a recommendation, but since we’re taking this stuff out of other documents and putting it in here, it does beg the question of why we’re not taking other things out of other documents and putting them in here that are clearly Objective Standards? I know you guys are going to look into that. Do any Commissioners have any questions about the Retaining Walls? Okay, then Open Space? Commissioner Clark. COMMISSIONER CLARK: Thank you. I have a question about the relationship between 9.1 and 9.2. If a Mixed-Use development has to have at least 20% of the site area be landscaped open space, and then also has to have a minimum of 100 square feet per Residential unit of public gathering spaces, do you think that this becomes burdensome on them, LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 or Staff? From your experiences, do you not see this as a problem? JENNIFER ARMER: I can start, and I would say that as we look at this wording it might be that in some cases these two policies would actually overlap in terms of space that’s required. For common open space, it could be some landscaped open space, and so it may not be additive, but it would overlap. Mr. Ford I don't know if you have any additional thoughts on those two. TOM FORD: No. I think the primary thing we were trying to do was cover two different development typologies, one being a 100% Residential project and another that would have that Mixed-Use component, probably on the ground floor. We were trying to separate them so that it got handled first in 9.1 as just an overall standard, but then 9.2 augments it in terms of talking about when you have these two uses occupying the same site. And then we were also trying not to conflict with anything that the code already specifies in terms of open space requirements. CHAIR HANSSEN: Staff, do we have anything in our code on minimum open space? JENNIFER ARMER: We do. The code does have specifics for Multi-Family developments in terms of the LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 amount of space for each unit, private open space as well as common open space, and so those would apply. This is looking more at the project as a whole, rather than individual spaces. CHAIR HANSSEN: 9.1 is? JENNIFER ARMER: Yes. CHAIR HANSSEN: I want to tell you, I was really happy to see this, because one of the really nice things in the North Forty Specific Plan is the requirement for 30% open space, of which 20% has to be green open space, and I’m glad to see that we have something in here. Before I go onto any other questions, I wanted to ask the question though about 9.1. It says, “Landscaped open space may be…” Is that objective, or does it have to be one of those, or what could it be if it’s one of those? JENNIFER ARMER: The 20% of the site area is the objective part. Landscaping may be in these other forms, and gives examples of what it might be, but does, you’re right, leave it open. We were talking earlier about the possibility of defining what landscaped means, and so it may be that that would actually increase objectivity of the second part of this, but it is still an Objective Standard because it is saying 20% of the site must be landscaped open space. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 CHAIR HANSSEN: And now that we’re in this drought crisis, having grass in here is not a good thing, so I think that if you’re going there that we should work on this one a little bit. Commissioner Clark, did you have more comments than what you already asked about? I want to just make sure we covered everything. COMMISSIONER CLARK: Yes, I want to quickly respond to Staff’s response. I think something that I’d recommend is just making the potential for overlap between those two a little clearer, because when I saw them it felt like they had to exist separate, so that’s something I’d recommend just exploring. CHAIR HANSSEN: Good comment. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Yes, I want to echo your concern about grass. Whatever is appropriate in this drought-tolerant foreseeable future, I think we need to be respectful of. Also, 9.2, 9.3, and 9.4, I noted in the Palo Alto document some areas where they speak to the common area being open to sky, and in some areas it’s 60% open to sky, so I would recommend looking for those objective criteria and speak to the open sky. Thank you. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 CHAIR HANSSEN: So are you suggesting adding something? It talks about a minimum of shading. You’re talking about some percentage of open sky? COMMISSIONER JANOFF: If I just refer you back to the Palo Alto Objective Standards on open space, they do speak to an open sky concept in addition to coverings. CHAIR HANSSEN: And you’re recommending that Staff look into adding that here? COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: All right. Vice Chair Barnett. VICE CHAIR BARNETT: In the recommendations I made concerning the Palo Alto Objective Standards, Objective Standard #8 addresses private open space, and it appears that the draft that we have only refers to public or common open space, and I noted that Ms. Armer said that there is code language that addresses private open space. I haven’t had a chance to look at that, but I thought that there were some good suggestions in there in terms of size and location. SEAN MULLIN: And I would offer and remind that the code requirements for private open space would still apply in those circumstances. You’re correct; this is speaking more towards public or common open space. The open space requirements for second-story units usually exist in LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 the form of a balcony or a private balcony, which is not defined here, but we can look into including it or making sure that we have enough here. We still want to be a little bit careful with duplicating items that are in the Town Code per Director Paulson’s caveat earlier. CHAIR HANSSEN: I think just to make sure that anything that Palo Alto had might not be in our current code since we’re not looking at it right now. I think it would be a useful thing to check on that. SEAN MULLIN: Chair, you’re speaking specifically to Objective Standard #8 in Vice Chair Barnett’s attachment? CHAIR HANSSEN: Yes. Then actually when you talked about the balconies it made me think of something. When we had the Draft 2040 General Plan and Community Design Element, we did have—and I know Vice Chair Janoff and I had recommended taking it out—a requirement for when it was multi-story to have a balcony, and that could be included in the common open space, and you needed to offer it because they were stories above the ground. That was an Objective Standard that we had in the General Plan that we kind of referred out, and I don’t remember what we decided about that or what happened to that. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER ARMER: I believe that was part of the list of topics that were considered by the Subcommittee, because all of the things that we removed from the General Plan as too specific at that point, or inconsistent with code, were at least considered initially as part of this process. SEAN MULLIN: That would have been part of the GPAC referrals. CHAIR HANSSEN: I don’t remember what we decided, but I’m asking the question why am I not seeing it here? TOM FORD: I don’t recall why it’s not here. I would say though that if somebody has a balcony on an upper floor, that’s only private. You would not be able to count that as common open space, because the unit is the only person that has access to it. CHAIR HANSSEN: No, I totally understand that, but I think the issue was that if you’re going to create a Multi-family building that you want to give the residents an opportunity to have some private open space. JOEL PAULSON: Thank you, Chair. I’ll just offer that right now we’re looking at the site standards. That definitely is something we should probably consider, if it’s not in there, for the building standards, which is Section B. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 CHAIR HANSSEN: Yes, maybe I missed that and maybe it’s in the building section. All right, any other comments on Open Space? Okay, Building Placement? Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Just keeping it short here. I was curious why 10.1 only referred to development in a Community Place District when we look at the site inventory that the Housing Element Advisory Board has prepared? There are a number of developments that are outside of the Community Place District, so just curious whether this really is intended for only that, or whether it’s for more than just Community Place Districts? TOM FORD: I don’t recall why exactly we did that, other than it could be that the Community Place Districts were the only places where we were envisioning ground floor Commercial in a Mixed-Use context. That’s the only thing I could think of offhand. JOEL PAULSON: And to Commissioner Janoff’s point, I think maybe that’s too limiting, so we should probably just strike that so that it would apply to any Multi-Family or Mixed-Use. I think that’s a good comment and I think you’ll probably see that in a couple places, so we’ll strike that wherever that occurs in this document. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: I think that’s a good suggestion. Commissioner Clark, and then Commissioner Raspe. COMMISSIONER CLARK: Thank you. Just to give another perspective, I have only liked this one knowing that it was in Community Place Districts, but I think normally I don’t want to see everything, especially not 75% of everything, coming right up to the setback. This one is hard, because if that is mostly what another neighborhood is like, then I think that makes sense to do there, but if that doesn’t exist in some places and you start doing it, I think that could make them look out of place, and so I don’t personally think that’s one that makes sense as an Objective Standard for everywhere. CHAIR HANSSEN: I’m going to ask a question on top of Commissioner Clark’s question and comment. Could we make this like just specific to Mixed-Use? Because I know where this came from. It was when we were talking during the General Plan about creating communities, and we also talked about this during the redesign of our Planned Development Ordinance. We have a Mixed-Use development on the northwest corner of Blossom Hill Road and Los Gatos Boulevard and that is kind of a non-vertical Mixed-Use, and the first thing you see in a lot of parts of it is parking lot, and LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 so when we were talking about re-envisioning what might happen, having Community Place Districts be Mixed-Use where it’s close to the sidewalk and it’s accessible and everything made sense. Would it make sense to just change this to a standard for Mixed-Use? Because any place there would be Mixed-Use would have ground floor Commercial. JENNIFER ARMER: I was going to say that yes, we could. As with some of the previous standards where it referenced Mixed-Use projects in particular, one caveat I would say in our recent discussions about the Housing Element and housing developments and whether there is a possibility that for certain affordability levels, say it’s 100% affordable housing, that could then be allowed without a Mixed-Use component in one of these Commercial zones. So if it didn’t have this requirement, then it could be (inaudible) on the street if we’re trying to create this continuous streetscape, so those are some of the things to consider. We can’t think of all possible situations when we’re doing Objective Standards, but something to consider. CHAIR HANSSEN: Commissioner Raspe, do you want to comment on this, or did you have something else? COMMISSIONER RASPE: No, this one. Thank you, Chair. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 join in Commissioner Clark’s comment. The notion of a requirement of 75% for the frontage seems to me maybe not ideal in all situations, and so we may want to consider our limitation on that. It also seems to me that it perhaps creates a conflict of some of the designs that are possible. I’m skipping ahead, unfortunately, a little bit to the Building Design section, but the building design in B.1d where it has the sheltered walkway within the building, I think that wouldn’t be permitted if we have a requirement of 75% ground floor use on the setback, so I just want to make sure internally we’re not precluding certain building design with this requirement. TOM FORD: If I might interject, it’s just saying a minimum of 75%, so in the case of the arcade, what we’ve drawn there is 100%, which is more than 75%. COMMISSIONER RASPE: On the arcade you have zero, don’t you, because there’s no ground floor in the setback? It’s all removed from the street. TOM FORD: Well, I consider the build to the front of the arcade, the one that establishes sort of the street frontage. COMMISSIONER RASPE: In my mind’s eye I see the posts as not part of it. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: Oh, okay, that’s a good point. SEAN MULLIN: I would jump in and say that typically those posts would be considered part of the structure and would have to meet setback, so in the case of the arcade, if that were built to the setback line that would qualify or comply with A.10.1. It’s a little bit of a nuance. If you look at a Single-Family Residential, when they have a porch projecting off the front and you have those posts, those posts are the edge of the building and would be required to meet the setback, and that would be similarly applied here. We could look at another way to revise A.10.1 if there’s still the concern about the 75%, but I just wanted to add that. COMMISSIONER RASPE: I appreciate the clarification. CHAIR HANSSEN: I’ll go back to Commissioner Janoff in just a second. I do think that some clarification is needed to address the concerns of Commissioner Clark and Commissioner Raspe and to make sure there’s no conflict. Maybe we take out Community Place District, but we should be specific about what kinds of sites we’re thinking of. Commissioner Janoff. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 COMMISSIONER JANOFF: I just wanted to add that when thinking about modifying 10.1 a big focus in the General Plan was street activation, and so these concepts of bringing the building to the street, creating a pedestrian access, was a highlight. So as you think about ways to modify it, just keep that in mind that that was an objective throughout the portions of the General Plan that spoke to these sorts of developments. CHAIR HANSSEN: I think that’s a good comment, and that is exactly what the intent is. I was actually really glad to see this in here, but we just have to make sure we don’t have unintended consequences. Commissioner Clark. COMMISSIONER CLARK: Thank you. Just to kind of hop off of that, I think that there’s a chance it could make sense to just say Mixed-Use for this, because, for example, if there were an affordable housing non-Mixed-Use development, maybe it should have a front yard or things like that, so I don't know if that’s taken into consideration already for this, but I think that kind of is an example of what concerns me about it. CHAIR HANSSEN: Well, if it was 100% affordable and it was on Los Gatos Boulevard, for example, and it was next to a Mixed-Use development, then… But that’s the LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 concern. Let’s just leave it with Staff to try to figure out a way to either limit it to Mixed-Use, or whatever the context we could have, to make sure that we’re not creating unintended consequences, but I definitely think we should keep this. It’s just a question of making sure that it isn’t creating anything that we don’t want. Ms. Armer. JENNIFER ARMER: Thank you, Chair. I was going to say that at this point, because of the number of comments, suggestions, and requests for additional information, it may be that it makes sense for us to continue this discussion, and once we get through the document then to continue to a date certain and have Staff come back with some of this so that you don’t feel that you need to be working out the specifics tonight, as much as giving direction to Staff so that we can come back with some specifics for you to consider. CHAIR HANSSEN: I think that’s a good suggestion. Do you want us to go through the rest of the document and just take comments and then not try to bring it to closure because we know we’re going to continue it? JENNIFER ARMER: Yes, that would be my recommendation. CHAIR HANSSEN: Okay, I think that’s a good way to handle it. We’re on page 8, so let’s keep going. There LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 is Site Amenities for Mixed-Use, and then that’s the last thing on Site Design, right? So this is taking us to Building Design. Any comments? Commissioner Clark, and then Commissioner Raspe. COMMISSIONER CLARK: I have a question for this one. In terms of it having to implement a minimum of three of these solutions, I know that these are objective standards and that this might not be possible to work in, but I still wanted to voice my concern that I think that there’s a chance that some of them could look a lot worse with three of them than with two of them, and I’m not sure how to reconcile that, but I felt like looking at each of these three could be a lot, and that might also be something where we could request some pictures of examples of things that incorporate all three, or something like that. SEAN MULLIN: Tom, you may be able to pull up a couple of the parallel pictures if that’s helpful to look at these concepts in particular. Admittedly, the first few times scrolling through this document it’s hard to tie to what Tom has brought up here, Standard B.1.1a, but when you see it actualized, done in good architecture, it’s a little bit easier. It may even be something to look at a concept image like this to see if of these six items, are three of LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 them present on just this image? Maybe there are two, maybe there are three, but some examples may be helpful. TOM FORD: Right. For instance, on this example they’ve got two different materials, one of which is at least 30%, which I think is one of our standards. They have a setback on the upper level of part of the building. They have ground floor awnings, which is another piece. So there are a number of different things that get implemented here, but we were trying to talk about just this one specific thing. Here’s another version. The front massing steps back quite a bit and they’ve used that step back to have an upper level deck. I think Commissioner Clark brings up a good point about maybe three is not the right number, but maybe two, but as you can see, really good architects are able to do multiple standards in one building. CHAIR HANSSEN: Then a couple of other Commissioners have their hands up, and they may want to comment on this or something else. I’ll go to Commissioner Raspe, and then Commissioner Janoff. COMMISSIONER RASPE: Thank you, Chair. I’ve actually got the same comment as Commissioner Clark. It seems to me that mandating a minimum of three different setbacks or massing requirements didn’t necessarily work in LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 all situations. For instance, you had 50’ of frontage, and three different articulation methods could be distracting, so I would encourage Staff to look at that. The thought off the top of my head is perhaps anchor it to how much street- facing there is. For instance, for 50’ you would have two different requirements, and if you went to 100’, maybe three different requirements, something so it wouldn’t be so disjointed in a crammed area that it becomes more problematic, it doesn’t solve the problem that we’re looking to solve that is deemphasizing the building. So just a thought, but again, same general concern as Commissioner Clark voiced. CHAIR HANSSEN: Thank you for that. Commissioner Janoff. COMMISSIONER JANOFF: I actually didn’t have a concern at all, and I’m thinking of Mr. Ford’s comment that good architects know how to incorporate these. I’m just glancing at the Palo Alto document. They’re requiring three or more, so this may be something standard with developers, and I would defer to Staff if this were sort of common to have a set of objectives like that. Having said that, if it becomes overly burdensome to a developer because they’ve got to have all these more LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 expensive design features and that deters them from the project, then I would say that that’s an issue. Personally, before changing it I would want to hear from Eden Housing. I would want to hear from the people who are trying to do the hard work of the affordable housing and see whether these are unreasonable expectations, because that could fall into the category of government being too onerous in their standards. CHAIR HANSSEN: That is a good point, and I think from what I can remember of the affordable housing complex at the North Forty, they would have at least three of those. But let me go back to Commissioner Clark. COMMISSIONER CLARK: I completely agree with what Commissioner Janoff was saying, and so I first wonder if you had talked to any developers in the creation of these Objective Standards? Than also I wanted to say that I think regardless, something I’d like to see as we move forward with these is actually hearing from the developers if these are too stringent. Would this deter you from developing in Los Gatos and maybe make you go somewhere else? Does this make sense? That sort of thing. SEAN MULL IN: Thank you, and I would say in response that we reached out. Staff maintains a list of LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 architects that do a lot of work in the Town, and we included them in our outreach efforts for our community meetings. We didn’t get much participation from them. And then we also included them in the notice for this meeting tonight, and I only heard from one of them that they planned to attend. We will continue to reach out to the design community and look for opportunities to increase their involvement. COMMISSIONER CLARK: Thank you. Yes, maybe going to them with a few specific questions like this that they can just send a reply to or something could be a good way to increase engagement. I know that’s very difficult. CHAIR HANSSEN: That’s a good suggestion, and since we’re continuing this to a future meeting, I don't know how much time there will be for doing that. Director Paulson has his hand up, and then I’ll go to Commissioner Raspe. JOEL PAULSON: Thank you. I just want to remind folks too that we’ve got the Objective Standards for the streamlined process for the qualifying projects, but if you have an architect or a site, for instance, that maybe one or more of these ultimately become insurmountable from a design perspective, they also have the opportunity to go through our standard process. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Now, the whole point of some of these Objective Standards, especially when we’re talking about affordable housing projects, what we want to do is to help streamline those. But for standard Mixed-Use projects, if it’s on a constrained site, to Commissioner Raspe’s point before, if you’ve only got 50’ of frontage on this building because the lot is so small, then if they’re not able to come up with solutions to these, then there is always an option. So I want to make sure to just remind everyone that if they can’t meet this it doesn’t mean that they can’t do a project in town, it just precludes them from going through the streamlined process, just as kind of a high-level comment. CHAIR HANSSEN: Would it be too much to ask to use the example of the North Forty, the affordable housing project that is being built over the Market Hall, and see if they’ve already done that, or how hard it would be, because that would be an example in our town? JOEL PAULSON: Yes, we can definitely take a look at that. We’ll work with Tom and with Staff and see how many of these A through F, or whatever it is, how many of those characteristics were they able to incorporate. CHAIR HANSSEN: Without having the standard in place, but chances are they probably already did stuff like LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 that to make it not look like a big box. Commissioner Raspe. COMMISSIONER RASPE: Thanks, Chair. Harking back to one of our earlier discussions, this would be a good section of the document where we could have examples of maybe finished renderings of buildings that incorporate two or three, or even four, of these different elements together. I think it would be helpful to have a good visualization of combined elements in single structures as we go through the process. CHAIR HANSSEN: Good suggestion. Why don’t we go on, because we are going to see this again? TOM FORD: Just go on to B.2? CHAIR HANSSEN: Yes, because those are just individual examples of those six things, but I think the point about seeing them in single structure examples would be helpful. Then we’re on B.2, Parking Structure Design. Any comments on Parking Structure Design, B.2? Commissioner Clark. COMMISSIONER CLARK: I wanted to ask about 2.3b talking about the entire articulation change of 25%. I just felt like that’s a very specific number and I wasn’t sure if that is intentional or if that’s something that is LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 pretty normal or anything, but I wanted to flag that and ask about it. TOM FORD: If you look at the body of 2.3 we stipulate the 25%, and the way we originally wrote 2.3b, we didn’t say it down there and Staff brought to my attention somebody could read this in a way and not cover the entire articulation, so what we’re trying to say is that 25% of a façade, if it’s greater than 40’ in length, needs to have one of those two things, and it’s not enough just to introduce a second material, but you have to do it over that entire 25% articulation. COMMISSIONER CLARK: Okay. And does it make more sense to say 25% than to say like 25-50%, for example, or anything like that? TOM FORD: The way the 2.3 body is written, it says, “at least 25%,” so it wouldn’t prohibit you from doing it for 50%. We could either introduce that same language here, or we could just make it known that so long as you make the 25%, you’re there. COMMISSIONER CLARK: Yes, I think adding “at least” would be perfect. TOM FORD: Okay. CHAIR HANSSEN: Other Commissioners have comments on B.2, Parking Structure Design? Then we can go on to B.3, LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 Roof Design. Any comments on Roof Design? It looks like everyone is okay with that. TOM FORD: Still in Roof Design, but a different page. CHAIR HANSSEN: Any comments on this second part of Roof Design? It looks like that’s okay. TOM FORD: So this is the last section, but it’s a pretty long section and there’s a lot of illustrations, but B.4, Façade Design and Articulation, comes out of a lot of discussion by the Subcommittee. CHAIR HANSSEN: Yes, we spent a lot of time on this. TOM FORD: Here’s another one where 4.1 sets the general rule and then there’s four options, at least two of which you need to accomplish. Actually, there are five options, but only four of them are illustrated; the fifth one is pretty obvious. CHAIR HANSSEN: But they actually use at least two out of five? TOM FORD: Correct. CHAIR HANSSEN: I’m going to guess that since no one brought it up that it would probably be helpful, because of the discussion we just had, to have an example LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 picture where at least two of these are combined on an actual building that we can see. TOM FORD: Okay, let me just take a moment to see if we’ve done that. This one is doing it in that it’s got that modulation both lower and upper, and it also has a balcony, so in a sense maybe they don’t have enough balconies, but they’ve done three. Here they’ve got a varying roofline, they’ve got modulating the mass out, they’ve made more of a top to the building, they’ve articulated the base, and they’ve accentuated a corner. Here they’ve not only put balconies, but they’ve also modulated the upper level massing, and they’ve also introduced a second material at I can’t say what the percentage is, but it’s a pretty significant percentage of the entire façade. This is a pretty long façade, and so they’ve broken it up, and it’s done by a very, very good architect, but again, it’s a number of things: taller ground floor and glass. Anyway, we do have some images and I think we can find a way to bring those forward into a document. CHAIR HANSSEN: Sounds good. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. My question has to do with varied plate heights. I think in some of the LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 examples you showed and commented on they were different heights. I’m curious why varied plate heights aren’t one of the criteria? TOM FORD: I don't know, it could be. I don't know if that’s what I meant when I said that. I think I was trying to say that they didn’t just have a 12’ ground floor, they had a 20’; it looks more like probably at least 18-20’ ground floor height. That’s what I meant, I’m sorry. And I don't think there’s any place in our document where we specify a minimum ground floor height. We might have left that to the Zoning Ordinance, particularly in a Mixed-Use context. COMMISSIONER JANOFF: The reason I mentioned it is because several of these examples illustrate different plate heights. Even the Palo Alto example is showing a slightly higher plate height from the first floor and then shorter going up, which is the reverse of one of the examples you provided where you’ve got the taller plate height, or the illusion of a taller plate height, on the third story of that first illustration you showed. Personally think that the variation of the plate heights is really interesting and it makes for dynamic architecture, so I’d be in favor of including that if that made sense to Staff. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: The only thing I would say, if you don’t mind my interjecting, Chair, is a developer needs to make the building as inexpensively as possible, and I think if there’s a lot of different… You know, you’re on the third floor and then suddenly it goes up 5’ and then it changes, it could just make the floor plan a little bit more expensive to execute, but we can look into it. COMMISSIONER JANOFF: I would just say if this is one of several options that they have, then you’re not forcing them to go that route. As an example, the senior community that my mom lives in, the top floor, the third floor apartments have interior 11’ ceilings, and you can see that from the exterior of the building as well; it looks interesting and elegant. CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Thank you, Chair. I had a question going to Section 4.2; again we’re in the Building Design and Articulation. The language says, “Buildings shall incorporate the same materials on all facades,” and then if you look at, for instance, the language directly above it in 4.1e, one of the articulation and design methods is use of at least two different façade materials, so it seemed to me there’s some inconsistency internally in the document. I’m not sure exactly what 4.2 is trying to LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 say. Is it trying to say that the building will use the same façade materials all the way around its face on all corners, or on all (inaudible)? TOM FORD: Correct. It could be that we’ve not written this clearly enough, because really what 4.2 is trying to achieve is what they call 360-degree architecture, so you don’t treat your front façade with all the good stuff and then the other three you don’t care about. It’s probably not written well enough to do this, but I would read that if you had two materials on your front façade, then you need to have those same two materials show up on the other three facades as well; that’s the goal here. It’s not to conflict with each other, to have 4.1e specifying two materials and then 4.2 just saying one material. COMMISSIONER RASPE: I actually agree with your point that you don’t want the stick-on brick, for instance, on the front façade and then plaster on the other three faces, but I’m not sure we want to also limit our builders to say you have to use the exact same materials on all four exterior walls. There may be some design reasons why you want one side looking slightly different than the other sides. That’s just my thought; maybe we should give a little bit more thought to 4.2. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: Okay. CHAIR HANSSEN: I will say that we have the idea of 360-degree architecture in the Community Design Element of the General Plan Draft that’s being reviewed, so I think that there’s merit to that, but maybe there’s a better way to say this so that it isn’t in conflict with other things. Commissioner Janoff. COMMISSIONER JANOFF: I was just going to echo the same thought. In many of the projects that come before us one of the issues is they haven’t carried that design element 360 degrees on all surfaces of the house, and so that is part of our standard. This hung me up a little bit too, and then I realized that’s not what they mean, they mean whatever you do on face 1 you do on faces 2, 3, and 4, or however many, so I didn’t have a problem with it, but it probably could be clarified. Maybe it makes sense to have some duplication of the materials, but not all of the materials, I don't know. I think it’s an interesting question and I put that back to Staff. CHAIR HANSSEN: I had the same thought, that maybe that if you had to use the same material on all four sides it didn’t have to be 100% in the same way on all four sides or something like that, but I’m sure Staff and our LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 consultants can figure this out since we’re going to see this again. Any other questions on this section? We have a community comment on the point system. This is the first time we’ve seen the point system. Everything else was choosing from a menu. This one is choose from a menu, but certain things have more points than others. And I assume that this kind of thing has been used other places successfully? TOM FORD: Yes. It’s also sort of the way some of the LEED standards work. The goal for us was to leave as much flexibility as possible to an architect, so instead of coming in here saying your façade has to have an arcade, your façade has to have a belly band, or bay windows, we tried to establish there are two parts of building the standard. One is what is the right minimum point threshold that they need to meet? And so we chose 12 points, and then you generally sort of weight the improvements, or the articulation pieces, as to how difficult they are to achieve or how much affect they have. So what we tried to do is certainly weight it in such a way that you couldn’t just do one and get to 12 points, you had to do at least two, and if you only did two, they were probably at the LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 top, because those are the most points, so that’s kind of how we went about constructing this. CHAIR HANSSEN: I actually like this, assuming that it would be reasonable to architects, which has been brought up before, but I like the idea of this and it looks like it gives you a lot of options about how to go about creating variations in the facades, which is something we would all worry about, especially with bigger and Multi- Family and Mixed-Use developments. TOM FORD: Right. If you think back to that first photo I showed of the Mark Steele building in San Diego, he probably has about 40 points, because he had balconies, he had a change of color, he had a change of upper level floor, he probably had a belly band, and he had awnings and canopies. He had a lot of different things going on. He would have had no problem with 4.3 on that building. CHAIR HANSSEN: Any Commissioners have any concerns about 4.3? Then on this page there’s also 4.4 and 4.5. I don’t see anyone with their hands raised, so we can go ahead. We’re getting close to the end. Can you stop at 4.6? I thought this one was kind of confusing. It was the columns part that messed me up. In the picture it has the example of the materials changing at the inside corner, but how would you do that with a column? LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: That’s just saying, for instance, if you want to call these columns that you could change your material here, but not like here, but you could use the column to make a change, because the column would be a significant enough piece on the façade that it’s a logical place to break. CHAIR HANSSEN: And it’s talking about a corner. Yes, I was confused where the column would be. TOM FORD: Inside corners or at architectural features that break up the façade plane. CHAIR HANSSEN: Okay, so it’s either/or. TOM FORD: But maybe we’ve overwritten this and made it more confusing than it needs to be. CHAIR HANSSEN: It might have just been me. Commissioner Janoff. COMMISSIONER JANOFF: An illustration would help. CHAIR HANSSEN: Yes, an illustration of the “or” of the columns, because I totally got the inside corner material change, but I was trying to visualize the column and it just wasn’t happening for me. Vice Chair Barnett. VICE CHAIR BARNETT: Going back to 4.3 if I might, it addresses only the street-facing façade planes, and it occurred to me that if you had two large buildings adjacent that you would be looking at sort of a bare façade LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 except for the fenestration, and I wonder if consideration should be given to the other sides of the building? CHAIR HANSSEN: Does Staff want to comment on that? Would we be covered by 4.2 as rewritten? TOM FORD: That was our thinking, because we did discuss this quite a bit in the context of the 360 concept, and what we didn’t want to do was start requiring all of this sort of architectural embellishment on every façade, so this was just supposed to be street-facing façade with this point system one, but we were hoping that 4.2 would carry enough of the idea around to the other sides of the buildings, but you certainly wouldn’t have a chimney on all four sides of your building, you wouldn’t necessarily want bay windows on all four sides, so it could be that we need to do more thinking about 4.2 rather than trying to establish 4.3 as something that happens on multiple facades. VICE CHAIR BARNETT: That would be appreciated. Thank you. CHAIR HANSSEN: I think that would be fine to think about 4.2, because that already came up. Any other comments going through 4.6? Then we’ve got 4.7. I didn’t have any issues with this one. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 TOM FORD: 4.7 has two parts. It also has a minimum amount of glazing, and I think I looked really quickly at that long Palo Alto document last night. I think they were using a 60% minimum as well for glass. CHAIR HANSSEN: I thought this was all fine. Do any Commissioners have any concerns about what is written so far? We’re on the second to last page. And then there’s 4.12, 4.13, and 4.14. Vice Chair Barnett. VICE CHAIR BARNETT: Going back to page 19, I just noted that the Palo Alto Objective Standards spent quite a bit of time talking about entry dimensions, and I wonder if that would be worth considering? TOM FORD: Sure. This dimension right here, how deep and how wide? I think I saw that. SEAN MULLIN: It’s tied to, I think, the number of units and the use, like the intensity of the use essentially. The more units the wider the entry. TOM FORD: The only problem with that, just to play devil’s advocate, I don’t have a problem looking at it, but the door is either going to be 3’ or 6’. It’s not like you have a 3’ door, but then if you have 12 units more you’re going to have a 4.5’ wide door, unless we’re talking about the vestibule. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 SEAN MULLIN: I think it’s talking about the vestibule, so the door and the side lights and things like that. It’s more about the defined entry and the importance of a more defined entry on a building that serves more folks. TOM FORD: Okay, I see. CHAIR HANSSEN: It sounds like there might be some stuff from the Palo Alto standards that you’ve already looked at that could be helpful to make it more robust. TOM FORD: Right. We actually were tracking their progress, and so we actually used some of their earlier draft of their Objective Standards as some of the case study materials, so what you saw of those massing articulation standards that we had, we were keying into some of the things they were doing. CHAIR HANSSEN: Vice Chair, did you have more on the earlier pages? I didn’t want to go through it quicker than you guys were ready for. VICE CHAIR BARNETT: I’m good now, thanks. CHAIR HANSSEN: Anything on 4.12, 4.13, or 4.14? I’m not seeing any hands raised. I think this has been a very good discussion. Staff, do we need to make a motion for a continuance? LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 JENNIFER ARMER: Yes, and we would recommend a date certain of July 27th. If we need more time we could continue it again at that point. CHAIR HANSSEN: All right, that sounds like a good plan. Would one of the Commissioners make a motion to continue this to a date certain of July 27th? Commissioner Raspe. COMMISSIONER RASPE: Thanks, Chair. I move that we continue the discussion regarding the Town of Los Gatos Draft Objective Standards to our meeting of July 27th. CHAIR HANSSEN: That sounds good, and is there a second? Vice Chair Barnett. VICE CHAIR BARNETT: Second the motion. CHAIR HANSSEN: Okay. Then we’ll just go ahead and call the question, since we’ve already had lots of comments. 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. LOS GATOS PLANNING COMMISSION 6/22/2022 Item #3, Draft Objective Standards 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 I’d like to thank Staff and all the Commissioners for their excellent comments. I will look forward to the next meeting when we get to follow up on some of these items that we’ve discussed and come up with an even better result. Vice Chair Barnett. VICE CHAIR BARNETT: I was wondering if we could be presented with a redline for the changes before the meeting? That would be appreciated. CHAIR HANSSEN: Is that feasible, Staff? SEAN MULLIN: I believe so, yes. We’ll take a look at the changes that we end up making and try to provide a redline and a clean copy. CHAIR HANSSEN: All right, very good. (END)