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Attachment 2Np TOWN OF LOS GATOS ITEM NO: 2 PLANNING COMMISSION STAFF REPORT DESK ITEM • p "t Meeting Date: October 8, 2014 PREPARED BY: Erwin Ordonez, Senior Planner eordonez(a)los atosea.gov SUMMARY: Receive public testimony and discuss potential changes to the Town Code for the establishment and use of Planned Development Overlay Zoning Designations. This discussion may include the Town's Community Benefit and Infill Policies. This is not a public hearing on a specific amendment to the Town's Zoning Code. RECOMMENDATION: Receive public testimony and as appropriate, forward a recommendation to the Town Council regarding potential changes to the Planned Development Ordinance and/or Community Benefit and Infill Policies. CEQA: A meeting conducted to receive public testimony in advance of a public hearing is not a project pursuant to Section 15061 (b)(3) of the adopted Guidelines for the Implementation of the California Environmental Quality Act. ACTION: Receive public testimony and possible recommendation to Town Council EXHIBITS: 1 -9. Previously received with October 8, 2014 staff report 10. Additional Correspondences REMARKS: The correspondences noted in Exhibit 10 were received from the public after the staff report for this agenda item was prepared and distributed. Prepared by: Erwin Ordoiiez, AICP Senior Planner LRP:EO:ct A"nz e - Approved by: Laurel R. Prevetti, Assistant Town Manager/ Director of Community Development N:\DEV\PC REPORTS\2014\PD Ord mce retemal.10 -8 -14 DESK.doc ATTACHMENT 2 This Page Intentionally Left Blank Silicon Valley Association of REALTORS" * " October 6, 2014 Planning Commissioners Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Members of the Los Gatos Planning Commission, The Silicon Valley Association of REALTORS® (SILVAR) is a trade association representing over 4,000 real estate professionals in the counties of Santa Clara and San Mateo. Our Association has historically been an advocate for homeowners and fair public policy. We would like to comment on Agenda Item 2, Planned Development Discussion, on Wednesday night's agenda. We appreciate the Town's desire to address concerns raised by some members of the community. However, the changes proposed to the Planned Development Overlay Zoning Designation (PD Overlay Zones) could have significant consequences to property values in the Town. Taking away the ability to use PD Overlay Zoning in a significant portion of the Town is very likely to make those properties less valuable. Outreach: This issue is complicated. There are many unknowns if this change is adopted: the impacts on property values; the number of purchasers of property intending to use the PD Overlay Zoning ordinance who have not yet applied; what happens in the future to what would then be non - conforming developments, the impact on the Housing Element certification process. Because of the complexities of the issues, and the breadth of unknown consequences, we strongly encourage the Town to do extensive outreach. Citizens in Los Gatos should be made fully aware of what this change would do to the future of the Town before any final decisions are made. Understandine: The staff report points to 75 non - conforming developments and hundreds of non- conforming units if the Town adopts these changes. We ask that the Town conduct an analysis of these developments and answer these questions: What would the development have looked like without PD Overlay Zoning and do the projects add value to the Town? If they do add value, then PD Overlay Zoning adds value. We ask the Planning Commission to adopt alternative one, and recommend that no change be made to the existing PD Overlay Zoning regulations. If the Town does make changes, we ask that the Town engage in a thorough public process with answers to the questions raised. Thank you for allowing us the opportunity to comment regarding this item. Sincerely, ssica Epstein Government Affairs Director Silicon Valley Association of REALTORS® 19400 Stevens Creek Blvd., Suite 100 • Cupertino, CA 95014 Phone: 408.200.0100 • Fax: 408.200.0101 • w .silvar.org - E7CHIBIT 10 10/8/14 Desk Item This Page Intentionally Left Blank Los Gatos Planning Commission 100 E. Main St. Los Gatos, CA 95030 Dear Planning Commission Chair Smith and Commissioners, This letter represents my views regarding the Planned Development Ad Hoc Committee's proposed revisions to the Town Code regarding Planned Development Overlay Zones, a matter which is currently before you. While the purpose of the proposal isn't clear to me (i.e., what problems does it solve ?), I believe the current PD process is a valuable tool that has resulted in many quality residential and commercial developments throughout the Town. Eliminating or substantially restricting the PD process has town -wide implications and would, in my opinion, significantly constrain future infill development and would negatively impact the Town's character, vibrancy, and quality of life. Finally, I believe that changes of this magnitude warrant a more comprehensive and open decision process. Following are expansions of these points: PD is a Valuable Tool: Los Gatos is primarily a "built out" community, as there few undeveloped large land parcels within Town limits. Consequently, most future development will likely be "infill" projects on small parcels, redevelopment of existing parcels, or projects with special or unusual circumstances. Existing zoning and subdivision ordinances are more applicable to larger parcels, while the PD process is appropriate to many smaller projects. The current PD Ordinance is a tool that the Town can employ to provide alternative uses and developments more consistent with site characteristics than are allowed in other established Town Zones while creating an optimum quantity and use of open space and encouraging good design. Since the Town Council must ultimately approve or not approve a PD development, the PD process certainly does not represent a loophole or fast track to approval. In fact, in my experience, PD proposals receive far greater visibility, scrutiny, and public input than "normal" projects. This increased focus typically results in high - quality development that accommodates and balances community and private interests. Since PDs are a helpful tool when dealing with special or unusual situations, it doesn't make sense to me to eliminate them unless a better and more efficient tool is substituted. PDs in Los Gatos: Los Gatos has approved many PDs over the years, with most projects being well received, popular with the community, and generally regarded as high quality. Without the PD process these developments would have been substantially different, or else would not have been built at all. Note that Los Gatos' PDs are not just residential housing and office buildings but also include non - residential projects such as the Old Town shopping center, the Los Gatos Hotel, the downtown Safeway, and the new Los Gatos Public Library. Several senior and Affordable Housing units have been built as PDs including the Los Gatos Commons, the Meadows, the Terraces, the Rose Ave. Senior Housing, Villa Vasona, and the Open Doors Project on West Parr Ave. Many Town residents live in PD neighborhoods. Most of these residents truly love the Town, their neighborhood, and their particular development, and these neighborhoods are often highly desirable, as evidenced by relatively real estate activity and high resale prices. It would be interesting to know the proportion of Los Gatos' housing units that were built in a PD zone. I expect the number would be a surprise to many. Los Gatos' PD housing projects include both multi and single family homes. Examples of townhouse/ multifamily PDs include Courtside, Charter Oaks, Rinconada Hills, Cuesta de Los Gatos /Maggi Ct., Forbes Mill, and Los Gatos Village. These developments have homeowners associations which maintain much of the landscaping along with other amenities including open space and swimming pools. A few examples of single family homes approved as a PD include Heritage Grove on Blossom Hill Rd., Monroe Court, Oak Knoll, Bersano Lane, Andre Court, Bachman Court, Bella Vista Court, Ohlone Court, Kennedy Meadows, Boyer Lane, and newer projects Bluebird Lane and Laurel Mews. It should be noted that not all PDs are developed with homes on small parcels as Shannon Oaks /Mt. Laurel Lane includes homes on large parcels. PD zoning has resulted in many projects, including residential communities that over the years have been broadly accepted and today are sought -after properties. Where one decides to live is a matter of personal choice. What makes Los Gatos unique is the variety of desirable neighborhoods in Town. It's notable that some of our oldest and most historical neighborhoods, including the Almond Grove and the Johnson /Loma Alta areas, lack many of the elements required today of new developments such as garages, adequate onsite parking, and required property setbacks. Other neighborhoods have most of the typical subdivision requirements, but not sidewalks or streetlights, and often the residents there prefer it that way. There are large townhome communities and also smaller condominium clusters, each with their own set of amenities. There are many variables, but because an individual doesn't personally like a certain neighborhood of homes doesn't mean that those living in that neighborhood share that feeling. Decision Process Suggestions: To my knowledge the proposed PD revisions have been made without significant public input or an overall "cost /benefit" analysis. I suggest that greater public outreach be conducted. I suspect this is will be a sizeable educational task as very few residents understand PDs (including those living in PD projects). Zoning in general, and PD overlays in particular, are very complex topics. An analysis should be conducted to evaluate the benefits and issues that have arisen from the approved projects. Since 1964 with Rinconada Hills approved as the first PD project by the Los Gatos Town Council, there have been 75 approved developments. The Planning Commission and ultimately the Town Council should understand them and discuss: 1) What. PD projects have been good and /or beneficial to the Town? Could these projects be largely accommodated using "normal zoning "? If not, how would these projects need to be modified in order to satisfy "normal zoning ?" 2) What PD developments are considered "less desirable ?" How should these projects be modified to make them acceptable? Were the negative aspects of these projects visible during the Planning Commission and Town Council approval process? Or were they simply inherent in the PD process? 3) What are the specific concerns or issues with PD zoning? 4) What changes or reforms to the PD ordinance are warranted? 5) Are there any significant costs or impacts to the public for making changes to the PD ordinance? This is the type of process needed by the Planning Commission and ultimately the Council, to ensure future projects are consistent with residents' wishes and the Town's General Plan. In summary, the current PD process has been a valuable tool that has yielded many quality residential and commercial developments throughout the Town. Eliminating or substantially restricting the PD process will constrain future infill development and essentially prohibit projects akin to today's successful PDs. Changes of this magnitude need thoughtful and careful study, informed constituents, and a comprehensive and open decision process. Sincerely, Mark Robson Planning ,om: Chris Cowan <chrislcowan @yahoo.com> ent: Wednesday, October 08, 2014 10:27 AM To: Planning Subject: comment for Planning Commission Hi Mr. Ordonez, If possible, please include this message for the Planning Commission meeting today. Thank you. Dear Members of the Los Gatos Planning Commission, I am writing in support of increasing restrictions on the use of Planned Developments. The Planned Development designation is intended to encourage good/extraordinary design that is consistent with site characteristics. The impression that I get in reviewing recent planned development projects is that the designation is being abused as a tool to enable developers to exceed density limits that have been carefully specified by the Town. Residents of the Town of Los Gatos do not want to sacrifice quality of life (small town atmosphere, traffic, school capacity, etc.) in order to help developers maximize profits. Vice Mayor Marcia Jensen made a good summary of the over -use of Planned Developments in her assessment of the recently approved Planned Development at the Knowles Courthouse site. After reviewing the intent of the planned development statute as a tool to enable good design that is consistent with site characteristics, she noted that "we don't have that here... we have lots of residences squeezed onto a single lot" Thank you for your consideration, As Cowan 14412 Oka Ln. Los Gatos, CA 95032 This Page Intentionally Left Blank