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Exhibit 11 of Attachment 1TOWN COUNCIL MINUTES 1/22/13 a. Consider a request for approval to amend the Town Code to incorporate the Affordable Housing Overlay into Division 5, to Article VIII Overlay Zones and Historic Preservation and consider a request for approval of a development agreement b. Consider a request for approval to change the general plan designation of the property located on the northwest corner of Knowles Drive and Capri Drive (APN 406 -28 -032) from public to office. c. , Consider a request for approval to adopt AHOZ design guidelines and application of an affordable housing overlay to five properties generally located at the following: 1. Northwest corner of Knowles Drive and Capri Drive. APN 406 -28 -032. 2. Knowles Drive east of Winchester Boulevard. APN 424 -32 -077. 3. West Side of Oka Road, north of the Jewish Community Center. APN 424 -08 -074. 4. East Side of Oka Road, south of the Los Gatos Swim and Racquet Club. APN 424 -08 -057. 5. East side of Oka Road, east of the Landmark and Los Gatos Gardens Apartments. APN 424 -08 -021. d. Consider adoption of the Addendum to the General Plan Environmental Impact Report (EIR). Wendie Rooney, Director of Community Development, presented the staff report. Council Questions - Questioned the timing of the Housing Element cycles and its impacts on future Regional Housing Needs Allocation (RHNA) numbers Page 4 EXHIBIT 11 of Attachment 1 Item #5 — Continued Ms. Rooney - Commented that it is best practice to start planning at the beginning of a new cycle. - Commented that if Council approved the Affordable Housing Overlay Zones (AHOZ) as proposed, the Town would meet its 2017 RHNA, but may need additional sites, if the current proposals are not adopted. Opened the public hearing. Mr. Turner - Commented that affordable housing would de -value neighboring property. Ms. Massa - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Chinnakotla - Expressed concern about the AHOZ Environmental Impact Report. Mr. Coker - Commented that the proposed locations of AHOZ sites should be re- balanced. Ms. Alaburda - Commented that state density bonus law is more favorable than the housing densities allowed by AHOZ. Mr. Lockridge - Commented on the need for increased noticing and outreach. Mr. Wood - Expressed concern about the proposed AHOZ sites. Mr. Sklar - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Sklar - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Parrish - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Hinojosa - Expressed concern about traffic created by the proposed AHOZ sites. P; ,G' 5 Item #5 — Continued Ms. McNeill - Expressed support for affordable housing and the Town's AHOZ proposals. Mr. Blaum - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Tiwari - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Stafford - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. O'Mathuna - Expressed concern about traffic created by the proposed AHOZ sites. Ms.Yangzom - Commented that the proposed locations of AHOZ sites should be re- balanced. Mr. Cowan - Expressed concern about the potential effects of crime associated with affordable housing. Mr. Henny - Expressed concern about the proposed AHOZ sites. Mr. Hawk - Expressed concern about school impacts created by AHOZ. Mr. Goel - Expressed concern about school impacts created by AHOZ. Mr. Jensen - Expressed concern about the proposed AHOZ sites. Ms. Simms - Expressed concern about the proposed AHOZ sites. Mr. Sun - Commented on the need for increased noticing and outreach. ag- 6 Item #5 — Continued Mr. Hardar - Commented that the proposed locations of AHOZ sites should be re balanced. Ms. Robinson - Expressed concern about traffic created by the proposed AHOZ sites. Ms. Martin - Expressed concern about traffic created by the proposed AHOZ sites. Mr. Shaftel - Expressed concern about the proposed AHOZ sites. Mr. Land - Commented on the need for increased noticing and outreach. Mr. Benjamin - Commented on the need for increased noticing and outreach. Mr. Purcell - Expressed support for the Town's AHOZ proposal. Mr. Taco - Expressed concern about the data used to formulate reports. Mr. Bryan - Expressed concern about the impacts on schools created by AHOZ. Mr. Oakley - Givvan - Expressed concern about the AHOZ Environmental Impact Report. Mr. Dunlay - Expressed concern about the development process and how it is slowly changing the overall character of the Town. Mr.Bulea - Expressed concern about the proposed AHOZ sites. Ms. Beglau - Commented on the need for increased noticing and outreach. P o g e % Item #5 — Continued Ms. Melena - Expressed concern about traffic created by the proposed AHOZ sites. Mr. Kogan - Expressed gratitude to the Council and public for supporting the democratic process. Ms. Wen - Expressed concern about traffic created by the proposed AHOZ sites. Closed the public hearing. Mayor Spector called a recess at 10:03 p.m. The meeting resumed at 10:11 p.m. Council Questions - Questioned the time frame for Housing Element approval. - Questioned why staff narrowed its analysis to 5 sites instead of considering all 41 and letting development occur as it will. - Questioned the legal ramifications of the Town not meeting its RHNA numbers. - Commented that the North 40 specific plan is in progress and development there will include an unknown amount of housing. - Commented that because there are only 11 months until the start of the next Housing Element, it is better to wait. Ms. Rooney - Commented that the next Housing Element cycle starts in 2014 and technically, the Town is currently in compliance with state law. - Commented that the AHOZ is to be approved one year from the date of the Housing Element adoption, which is a March deadline this year. - Commented that all sites were evaluated with the same criteria and many were eliminated due to Town policies regarding commercial versus residential development; other sites were eliminated from consideration because they are already developed. - Commented that Oka Road sites are vacant and close to services and transportation. - Commented that the General Plan Committee is aware of Oka Road ingress and egress limitations due to the one -way street. - Commented that Council could decide to bifurcate sites and /or direct the General Plan Committee to consider other sites. - Commented that if the Town does not meet its RHNA numbers by March 2013, then its Housing Element may be de- certified. ragc 8 Item #5 — Continued Ms. Rooney Commented that the ramifications for the Town not meeting its RHNA numbers are unclear and that the state would evaluate the Town's progress on affordable housing when the Town submits its next Housing Element. Commented that the Town can accomplish its RHNA numbers by alternate programs, such as secondary units or re- zoning. Commented that if the Town does not accomplish its RHNA numbers for this cycle, then any deficit is added to the requirements for the next cycle. Mr. Larson - Commented that if AHOZ sites are not approved and the Town falls below its RHNA numbers, then the Town is required to submit alternative sites. - Commented that, essentially, the state certified a "conditional" Housing Element and will evaluate the RHNA during the next cycle. - Commented that the Town gets credit for each affordable housing unit planned or built during the timeframe of each Housing Element cycle. - Commented that the elimination of all Oka Road AHOZ sites would likely put Town below its RHNA threshold. Ms. Propp - Commented that in negotiating with the state, other jurisdictions that have fallen below their RHNA numbers but have shown good faith efforts to accomplish their affordable housing goals have fared better than ones who could not show good faith efforts. MOTION: Motion by Council Member Marcia Jensen to continue the item and remand it to the General Plan Committee. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. The following Council discussion occurred prior to the vote: _ Commented that the public process worked in this case because people participated respectfully and made valid points. - Commented that many speakers supported the idea of affordable housing, and they mentioned ways it could be better achieved than the current AHOZ proposals. - Commented that the General Plan Committee thought the proposed AHOZ sites were best but that it would continue to re- evaluate the sites and come up with better recommendations, based on public input. »o= 9 ADJOURNMENT The meeting adjourned at 11:15 p.m. Attest: /s /Mazarin A. Vakharia, Clerk Administrator 10 Th is Page Intentionally Left Blank