Loading...
07 Staff Report - Parking Authority Redevelopment Agency MinutesDRAFT Council/Agency Meeting Item # MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY OCTOBER 5, 2009 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, October 5, 2009 at 7:00 P.M. CLOSED SESSION BEGAN AT 5:30 P.M. TOWN COUNCILIPARKING AUTHORITYIREDEVELOPMENT AGENCY ROLL CALL Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt, Council Member Joe Pirzynski, Council Member Steve Rice, Council Member Barbara Spector Absent: None. PLEDGE OF ALLEGIANCE Youth Park "Citizens of the Year" • Jakob Jolley, Ubah Dimbil, Molley Macierz, Grace Peterson, and LaurenJean Rice, Youth Citizens of the Year led the Pledge of Allegiance. The audience was invited to participate. • Mayor Mike Wasserman introduced Boy Scout Troop 539. The Troop was attending the meeting for a Scout project. PRESENTATIONS Commendations Harley Crock, Los Gatos-Saratoga Community Education & Recreation • Mayor Mike Wasserman presented Harley Crock with a commendation for his service to Los Gatos-Saratoga Recreation and to the community. • Mr. Crock thanked the Town and the community for all their support. Nick Johnson, Eagle Scout • Mayor Mike Wasserman presented a commendation to Nick Johnson for his service to the Town and to the Boy Scouts of America. • Mr. Johnson completed a project which he designed and built 12 emergency backboards for the CERT program for the Town of Los Gatos to earn his Eagle Scout award. • Mr, Johnson thanked the Town Council and community for their support. Proclamation - Los Gatos Prepared • Mayor Mike Wasserman presented a proclamation to Sergeant Kerry Harris proclaiming the month of October as Los Gatos Prepared Month. • Commented that the Town of Los Gatos is preparing for the 20 year anniversary of the Loma Prieta Earthquake and urged all residents to be prepared. CLOSED SESSION REPORT CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54_956.8) Property: 123 and 208 E. Main Street Negotiating Parties: Town of Los Gatos (Negotiator: Regina Falkner, Community Services Director) Los Gatos-Saratoga Community Education & Recreation District (Negotiator: Steve Rauwolf, Director) Under Negotiation: Price and terms of payment Mr. Korb stated that direction was given and no final action was taken. Property: 17 Fiesta Way Negotiating Parties: Town of Los Gatos (Negotiator: Pamela Jacobs, Assistant Town Manager) currently unknown potential purchasers Under Negotiation: Price and terms of payment Mr. Korb stated that direction was given and no final action was taken. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters There were no Council matters for this meeting. 2 Council/Manager Reports - Continued Manager Matters Mr. Larson • Commented that the Town is recruiting applicants to fill seats on the Town's Boards and Commissions. The deadline to submit applications is October 16, 2009. • Commended Town staff, Los Gatos Recreation Department, Fisher Middle School, and Billy Jones Railroad for the success of the Town's annual Screen on the Green event. • Commented that there were 120 homes participating in the Town's annual garage sale. Second Chance Week starts this week and on Saturday, October 10, 2009, residents are encouraged to drop off goods to be used by families which are in need over the winter months. Items will be donated to seven non-profits and they are requesting warm outer wear for men, women, and children, blankets and towels, ladies professional attire, eye glasses, sun glasses, and new toiletries to provide to those in need in the broader Los Gatos community. • Thanked the sponsors, residents, and visitors who participated in the Town wide garage sale. • Commented that the slurry seal project was delayed due to weather and to finish the project, the Town scheduled work over the weekend which did cause some traffic delays. • Thanked the community for being patient and commended the Police Department for providing extra traffic control during the project. • Commented that the Town will not have to do another slurry seal project for two years. • Commented that Bud Lortz, Deputy Town Manager, has announced his retirement from the Town of Los Gatos. Mr. Lortz has contributed over 20 years to the Town of Los Gatos, the Community Development Department, and the Redevelopment Agency. 3 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Adopt ordinance revising Town Code Section 14.110.015 regarding the passage of Senate Bill 731 which regulates massage therapy practitioners and therapists. ORDINANCE 2177 2. Accept Fiscal Year 2008-09 Annual Report. TOWN COUNCIL/REDEVELOPMENT AGENCY 3. PPW Job No. 07-16 - Parking Lot 6 Reconstruction Adopt resolution approving plans and specifications for the Parking Lot 6 reconstruction project and authorize staff to advertise the project for bid. RESOLUTION 2009.107 4. Approval of Special Gift Opportunities List to be used by the Friends of the Los Gatos Library in the Capital Campaign for the new Los Gatos Library. 5. Approve Council/Agency minutes of September 21, 2009. Mr. Davis pulled Consent Item #5. Mayor Mike Wasserman requested that Mr. Davis speak on the pulled consent Item prior to Council's motion to approve the Consent Item Calendar. Mr. Davis Commented that his public comments for Item #6 of the October 5, 2009 Town Council meeting did not reflect his correct statement. Commented that he said that he took objection to Mr. Larson's comment about the fact that the kids of Los Gatos would have continued use of the 13 acres of Vasona property. He felt that there were approximately 8 out of the 13 acres that were buildable for sports use for the Town to utilize and that once the County purchased the land the passive use policy would restrict sports use on the property. MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items # 1-5. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 4 VERBAL COMMUNICATIONS Mr. Davis Commented that the naming of the mountain in Los Gatos should reflect the natural beauty of the Town and suggested calling the Mountain "Monte del Sal" to reflect that natural beauty of the sun rising over the mountain. Expressed concerns that Mayor Mike Wasserman cuts speakers off from the podium. Expressed concerns about the proposed North 40 Plan and that he does not like the policies set by the Town. Mr. Reichwein Commended the Town for purchasing land to build a sports use facility and requested that the Town build a skate park at the proposed site. Suggested that the Town hold classes at the sports facility to teach kids to build ramps and skate parks and that he is willing to build a skate park at the facility. Dr. Ronen • Stated that he has applied for a business license and has experienced difficult challenges with the classification of his business and parking for that classification. Ms. Rooney, Director of Community Development • Commented that staff did meet with Dr. Ronen and had explained to him that the space that he has rented has insufficient parking for a chiropractic business. • Commented that six spaces are required by Town policy for the amount of space rented by Dr. Ronen. Closed Verbal Communications OTHER BUSINESS - TOWN COUNCIL 6. Adopt an Interim Ordinance of the Town of Los Gatos imposing as an urgency measure a moratorium on the approval, commencement, establishment, or operation of medical marijuana dispensaries. Staff report made by Greg Larson, Town Manager. Open/Closed Public Comments MOTION: Motion by Council Member Joe Pirzynski to adopt an Interim Ordinance of the Town of Los Gatos imposing as an urgency measure a moratorium on the approval, commencement, establishment, or operation of medical marijuana dispensaries. Seconded by Council Member Steve Rice. Council Discussions • Requested information as to what the League of California Cities and other jurisdictions might be doing to address the issue. • Commented that the League of California Cities may have input that would be applicable to all jurisdictions. • Commented on seeking the views from the League of California Cities as well as reflecting the values of the community. • Suggested that the 480 cities in California are very diverse and that the Town should drive the issue primarily by local community interest. VOTE: Motion passed unanimously. PUBLIC HEARINGS - TOWN COUNCILIREDEVELOPMENT AGENCY 7. Introduction of an ordinance amending Town Code Chapter 29, Division 6, Sections 29.10.3000 through 29.10.3040 Housing Assistance Program and adoption of the resolution repealing resolution 2008-121 and approving the revised BMP Guidelines (continued from 9121109) RESOLUTION 2009-108 Staff report made by Wendie Rooney, Director of Community Development. 6 Public Hearing Item #7 - Continued Council Comments • Requested clarification on the Planning Commission's recommendation to change the in-lieu fee. • Questioned the qualifications for a first time buyer and if Santa Cruz County is one of the nine bay area counties. • Questioned the reality to incorporate BMP housing within a hillside development. • Questioned why the Community Services Commission thought two years would be fair as the BMP requirement. Ms. Rooney • Commented that the Planning Commission felt that you could integrate a BMP unit into a hillside development, but their major concern was that hillside developments tend to have larger lots and larger homes which may make it economically infeasible to develop a BMP unit into that type of hillside development. • Clarified that Santa Cruz County is one of the bay area counties in the BMP Guidelines. • Clarified that there should be some type of concession for people affected by condo conversions and the Community Services Commission thought that the two year time frame would be sufficient. Open/Closed Public Hearing Council Discussions • Questioned how an applicant would demonstrate that a site is infeasible for BMP units. • Questioned if the same solution was discussed regarding small residential projects with 5 to 9 units. • Commented that the General Plan Committee had expressed that they would like to have BMP units scattered throughout the Town rather than funding the in-lieu fee account. • Commented that it was General Plan's recommendation to eliminate the in-lieu fee for the smaller projects with 5 to 9 units and that staff has researched why the Town might need an in-lieu fee fund. • Commented on supporting building a BMP unit verses the in-lieu fee. • Commented that it would be to the Town's benefit to produce BMP units and that the in-lieu fee would be a last option. • Requested clarification on the consistency of the General Plan Committee and the Planning Commission's recommendation for BMP units. • Commented that the goal is to create BMP units throughout the community. 7 Public Hearing Item #7 - Continued Ms. Rooney • Commented that the Planning Commission was looking at a tiered process for hillside residential, because in hillside residential the overall intent is to keep the density lower and that an applicant should be able to demonstrate why a BMP should not be constructed on site. Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Council Member Steve Rice to waive the reading of the ordinance. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. MOTION: Motion by Mayor Mike Wasserman to introduce an ordinance amending Town Code Chapter 29, Division 6, Sections 29.10.3000 through 29.10.3040 Housing Assistance Program with the change to apply the current rule proposed for hillside residential to small residential projects with 5 to 9 units. Seconded by Council Member Steve Rice. Council Discussions • Expressed concerns that there is an inconsistency in fairness across the board if the motion was only relating to smaller projects with 5 to 9 units. • Commented that the rules have not changed for larger developments and that the change would only mean that the smaller projects would have to follow the same guidelines. • Expressed concerns that the goal, as part of the General Plan, was to scatter BMP units across Town and feels that the motion does not reflect that recommendation. • Suggested maintaining the Planning Commission's recommendation and to move forward with the language that accommodates the elimination of the in-lieu fee for the 5 to 9 units. • Commented that the motion leaves room for BMP units to be proposed at another site if the current development is not reasonable. • Commented that the statement relating to the phrase "if the on-site option is infeasible" is a pretty clear direction to future Planning Commissioners. • Commented that it would be the responsibility of the applicant to prove that the BMP unit would not be feasible on site. 8 Public Hearing Item #7 - Continued Mr. Korb • Clarified that the challenge may arise when trying to phase projects in a manner that ensures development of an off-site BMP unit and regulates that the BMP unit gets built. VOTE: Motion passed 312. Vice Mayor Diane McNutt and Council Member Barbara Spector voted no. Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to publish the ordinance. MOTION: Motion by Council Member Joe Pirzynski to approve the resolution repealing Resolution 2008-121 and approving the revised BMP Program Guidelines in staff report as Attachment 1. Seconded by Council Member Steve Rice. VOTE: Motion passed 312. Vice Mayor Diane McNutt and Council Member Barbara Spector voted no. PUBLIC HEARINGS - TOWN COUNCIL 8. Consider a request for a zone change from CM to CM:PD for a three- story self storage building. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 424-31-031. Planned Development Application PD-08-001 - Negative Declaration ND-08-05 Property Location: 930 University Avenue Property Owner: Extra Space of Los Gatos, LLC Applicant: Extra Space Storage. Staff report made by Joel Paulson, Associate Planner. Council Comments • Questioned if there is a document showing which trees are being removed along the University Avenue side of the site. • Questioned if any thought was given to a community benefit for traffic mitigation along University Avenue or the intersection of University Avenue and Lark Avenue. • Questioned if the Oaks that are on the site would be removed. • Questioned the community benefit for LED lights and requested clarification on the traffic impact fee and the traffic and transportation mitigation under performance standard #32. 9 Public Hearing Item #S - Continued Mr. Paulson • Clarified that there are five trees slated to be removed and that the Town arborist had indicated that the Eucalyptus trees were a hazard. • Commented that the Walnut tree is not on the endangered tree list. • Clarified that the Oaks will not be removed from the site. • Clarified that staff did not persue any community benefit for traffic issues. • Clarified that the Town consultant has recommended that the developer pay a percentage of the traffic signal fees for a signal at Lark Avenue and University Avenue. Mr. Korb • Clarified that the applicant is already paying traffic mitigation fees per the requirements by Town policies and the applicant is offering the LED lighting as a community benefit. Open Public Hearing Mr. Wyckoff, Applicant • Commented that the proposed building has 360 degree architecture. • Commented that the buffer from the trees shields most of the unit and property. • Requested the zone change from controlled manufacturing to controlled manufacturing, Planned Development. • Clarified the purpose for the caretaker's quarters. • Commented that the current public right-of-way is 65 feet and requested a reduction from that setback which would be comparable to the existing neighbors. • Commented that the trees slated for removal have health issues and are a hazard, but they are willing to leave any trees that Council recommends. • Commented that the Pine trees would need to be removed or pruned to avoid a hazard. • Commented that a community benefit comparable to the cost for LED lighting at the site could be used for any other benefit that the Council would suggest. • Commented on the low vehicle trip rate for the proposed project. • Commented that the size of the facility is economically suitable for the use and the height is lower than the surrounding buildings. • Commented that the site is buffered from the community trail and fits in well with the neighbors. 10 Public Hearing Item #8 - Continued Council Comments • Questioned if all of the staging and construction for the proposed building would be done on site. • Questioned if the applicant would be willing to offer the community benefit to assist the Town with needs for the sport facility site. • Questioned when Council would need to determine what the community benefit would be used for at the proposed sports facility site. Mr. Wyckoff • Clarified that they will be doing all construction and staging on site. • Clarified that they are willing to donate the community benefit to use for the sports facility site. • Commented that the community benefit could be donated and used at the discretion of the Town. Mr. Larson • Recommended that Condition #6 be expanded to reflect the offering of the applicant, but to provide an alternative at the Town's discretion for the receipt of the equivalent value to be applied to a traffic site or other improvement for the sports facility adjacent to the applicant's property. Mr. Davis • Commented that the idea for neighborhood compatibility and community benefit is a great idea. • Questioned if the setback is sufficient enough on the side adjacent to the sports facility. • Commented that the traffic studies were discussed during the first Planning Commission meeting, but never discussed again. • Commented that there are 200 car trips a day listed in the current traffic study done on the proposed project. • Expressed concerns that the study was not in the Council's staff report. Mr. Larson Clarified that the Planning Commission at its first hearing did not send back to staff any further consideration of the traffic analysis. They viewed that the work had been completed at the first Planning Commission hearing. All that was returned to the Planning Commission for the second hearing were the issues that had been continued. Commented that Council has the staff reports from the first and second Planning Commission meeting including the full traffic analysis. 11 Public Hearing Item #8 - Continued Mr. Wyckoff • Commented that if they utilize the front setback it would allow further setbacks on the creek side and sports facility side. • Commented on the parking uses for the proposed property and the neighboring sites. • Commented that they are required to have 14 spaces, but usually only four or five cars are at the facility at any given time. Closed Public Hearing Council Discussions • Questioned the reason for the large Floor Area Ratio (FAR) for the proposed site. • Questioned if there was any discussion during Planning Commission relating to the Floor Area Ratio (FAR) issue. • Questioned the limitations on the property given the Planned Development if the owners were to sell the property at a later time. • Questioned if the applicant understands the requirements associated with the Planned Development for the property. Mr. Wyckoff + Clarified that the proposed project does have a higher Floor Area Ratio (FAR) and the primary reason for that is because of the parking requirements. Also the proposed project has less intensive use, less vehicle trips, and low impacts to the neighbors. • Commented that the facility is a local facility and that they have other locations within a three mile radius. • Commented that the modeling for the proposed project was designed using the current zoning policies of the Town. Mr. Paulson Clarified that the Floor Area Ratio (FAR) issues were discussed with staff and that staff had provided information to the Planning Commission regarding why they felt that for this project the height, mass, and scale were appropriate given the site's characteristics. Clarified that there are health issues with the Ash and Walnut trees located on the property. 12 Public Hearing Item #8 - Continued Mr. Korb Clarified that when you place a Planned Development on a property it creates an alternative land use zone. The limitations are the uses allowed by the Planned Development. Commented that the Planned Development use for the proposed site is extremely limited and allows a storage use with a caretaker unit. Commented that any subsequent user would need to seek an amendment to the Planned Development application in order to change the use. MOTION: Motion by Council Member Joe Pirzynski to make the Mitigated Negative Declaration as stated in Attachment 1. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Joe Pirzynski to approve Mitigated Monitoring Plan as indicated in Exhibit 15 of Attachment 2. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Joe Pirzynski to waive the reading of the ordinance. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the title of the ordinance. MOTION: Motion by Council Member Joe Pirzynski to make the required findings for the zone change (Exhibit 2 of Attachment 2) and approve the application subject to the conditions included in the Planned Development Ordinance (Exhibit 18 of Attachment 2) with Condition #6 amended to read: Alternately, at the discretion of the Town, the applicant will provide $40,000 for on-site or off-site access or other improvements for the proposed adjacent public recreation facility as determined by the Town. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. 13 Public Hearing Item #8 - Continued MOTION: Motion by Council Member Joe Pirzynski to introduce a zone change from CM to CM:PD for a three-story self storage building. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 424-31-031. Planned Development Application PD-08-001 - Negative Declaration ND-08-05 Property Location: 930 University Avenue Property Owner. Extra Space of Los Gatos, LLC Applicant: Extra Space Storage. Seconded by Vice Mayor Diane McNutt. VOTE: Motion passed unanimously. Mayor Mike Wasserman to direct Jackie Rose, Clerk Administrator to publish ordinance. 9. Consider an appeal of a Planning Commission decision denying Architecture and Site Application S-04-64 and the Mitigated Negative Declaration ND-07147 on property zoned R-1:20. APN 529-37-042 Property location: 26 Alpine Avenue Property ownerlapplicantlappellant: Holiday Drive, LLC. Vice Mayor Diane McNutt and Council Member Steve Rice recused themselves from Item #9 due to the location of their residence. Staff report made by Sandy Baily, Interim Assistant Planning Director. Council Comments • Requested clarification on the process to remand the application back to the Planning Commission. Mr. Korb • Clarified that it would be appropriate given the appeal, that the applicant would like the opportunity to revise the project in an effort to obtain Planning Commission approval which would be new information and that would be a basis to reverse the decision and remand it back to the Planning Commission. 14 Public Hearing Item #9 - Continued Open Public Hearing Mr. Barnes, Applicant • Requested that the issue be remanded back to the Planning Commission. • Commented that he would like to work with staff and the Planning Commission to obtain Planning Commission approval. Closed Public Hearing MOTION: Motion by Council Member Barbara Spector to move that the Planning Commission decision be modified relative to the appeal and return the item back to the Planning Commission because of new information received by Council. The new information as stated below and in Attachment 13 which was provided as a Desk Item as well as the applicant's testimony. New Information: 1. The project can be modified as the Planning Commission requested to reduce the mass of the right elevation; and 2. Applicant would like the opportunity to work with staff and the Planning Commission to obtain Planning Commission approval. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator 15