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Desk Item #5.pow s °o � °a o�tas COUNCIL AGENDA REPORT DATE: NOVEMBER 4, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 11/4/13 ITEM NO.5 DESK ITEM 0 SUBJECT: INFORMATION REPORT — REVIEW OF THE PLANNED DEVELOPMENT OVERLAY ZONE REMARKS: After the staff report was prepared for this agenda item, additional correspondence was received (Attachment 7). The correspondence questions how the public can be better informed that a development is an in -fill project. All reports to the Planning Commission and Town Council for a development application specify what findings and considerations are required to be made. The in -fill policy is one of many Town policies where findings are required to be made. If the project is classified as an in -fill development, this is noted on the summary sheet of the Planning Commission report as a required finding and is included in the required findings and considerations attachment of the report. In addition, a Councilmember has requested additional information regarding which jurisdictions in Santa Clara County allow for Planned Developments (PD's). All local jurisdictions within Santa Clara County have an equivalent PD overlay zone process, excluding the Cities of Los Altos Hills and Monte Serene, and the County of Santa Clara. The City of Milpitas does not have a single PD equivalent overlay zone but instead has several overlay zones which are equivalent to PD overlay zones but vary depending on the type of development. The Milpitas overlays include High Rise, Site and Architectural, and Transit Oriented Development. Please note that since there has not yet been Council direction to research PD's, the survey attached to the staff report (Attachment 3) was a selection of jurisdictions, not a comprehensive survey. PREPARED BY: Sandy L. Baily, Director of Community Development 5 L�> Reviewed by: l�Assistant Town Manager Town Attorney Finance N : %DEV \TC REPORTS\ 2013\ PlannedDevelopments .1 1- 4- 13.dsk.dm Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Planned Developments November 4, 2013 Attachments 1 - 6 (previously received with staff ret)ort): 1. Excerpt from Town Code regarding Planned Development Overlay Zones. 2. Excerpt from Town Code regarding Variance findings 3. Zoning Ordinance PD Survey 4. Town Code Requirements and Policies for PD's 5. Development Policy for In -Fill Projects 6. Planned Development List Received with this Desk Item: 7. Email correspondence from John Shepardson, received November 1, 2013 SLB:ct From: John Shepardson [mailto:shepardsonlawCome.com] Sent: Friday, November 01, 2013 4:30 PM To: BSpector; Council; Greg Larson Subject: PDs Dear Madam Mayor Spector, Town Council Members and Town Manager Larson: Should the "should" language in the Policy be changed to "shall "? Should language be added that no projects be approved that do not not comply with purposes 1 & 2 (see below) without an affirmative showing of "good cause ". Should there be language that projects failing to meet the requirements of 1 & 2 presumptively be denied, absent compelling and unique circumstances? How many citizens even know about the In -Fill Policy? I didn't until now. How can we better publicize it when in -fill projects come up for approval? Thank you for considering this email. John Shepardson RESOLUTION 1993 -62 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A DEVELOPMENT POLICY FOR IN -FILL PROJECTS WHEREAS, the Town is primarily built out and the balance of undeveloped land consists predominantly of in -fill parcels; and WHEREAS ,itisimportantthatthesein - fillparcelsa red evelopmentcompatiblewith surrounding neighborhoods. RESOLVED: theTownCouncilherebyadoptsadevelopmentpol icyforin-fill projects attached to this resolution as Exhibit A. PASSE DANDADOPTEDat aregularmeetingof theTownCouncil heldonthe 3rd day of May, 1993, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: RandyAttaway, StevenBlanton, LindaLubeck, Patrick0laughlin, Mayor Joanne Benjamin s/ MananV. Cosgrove None None None CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 7 GIWESCSVN -FILL SIGNED'/ s/ Joanne Benjamin MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DEVELOPMENT POLICY FOR IN - FILL PROJECTS i . In -fill Protects should contribute to the further development of the surrounding neighborhood(i.e.improve circulation,contribute to or Provide neighborhood unity, eliminate a blighted area, not detract from the existing quality of life). 2. An in -fill project should be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, Provide comparable lot sizes and open space, considergarage placement, setbacks, density, provideade9uatecirculationandon- street parLing. in -fill development should blend rather than compete with the established character of the area. The Planned Development process Skoulj onl'q, be used to accomplish ok,ccts # i and 42. (emphasis added) JOHN A. SHEPARDSON, ESQ. 59 N. Santa Cruz Avenue, Suite Q Los Gatos, CA 95030 T: (408) 395 -3701 F: (408) 395 -0112 This Page Intentionally Left Blank