Staff Report PDSC
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: N/A Assistant Town Manager Town Attorney Finance
N:\SHARE\COUNCIL REPORTS\2016\08-02-16\10 Planned Development Study Committee\FINAL Staff Report - PDSC
Recommendations.docx 7/26/2016 12:28 PM
MEETING DATE: 08/02/16
ITEM NO. 10
COUNCIL AGENDA REPORT
DATE: JULY 26, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DIRECT STAFF TO PREPARE PROPOSED AMENDMENTS TO THE
TOWN CODE, GENERAL PLAN, AND OTHER POLICY DOCUMENTS
INCORPORATING THE RECOMMENDATIONS FROM THE PLANNED
DEVELOPMENT STUDY COMMITTEE AND FORWARD THESE
PROPOSED AMENDMENTS TO THE PLANNING COMMISSION FOR
CONSIDERATION
RECOMMENDATION:
Direct staff to prepare proposed amendments to the Town Code, General Plan, and other policy
documents incorporating the recommendations from the Planned Development Study
Committee and forward these proposed amendments to the Planning Commission for
consideration.
BACKGROUND:
On November 4, 2013, the Town Council initiated a discussion to gauge support for studying
the use of the existing Planned Development (PD) Overlay Zone designation (Attachment 1) in
the Town’s land use development process. On a unanimous vote, Council referred this study
issue to Town staff.
In December 2013, a Town Council PD Ad Hoc Committee was established, consisting of
Council Members Jensen and Spector. The Committee worked on the study issue with staff for
approximately six months which resulted in proposed modifications to the Town’s PD zoning
regulations (Attachment 2).
On June 2, 2014, the PD Ad Hoc Committee forwarded the proposed modifications to the Town
Council for consideration. Council reviewed the Committee’s work and referred the proposal to
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PDSC RECOMMENDATIONS
JULY 26, 2016
BACKGROUND (Continued):
the Planning Commission to obtain additional community input, analyze the proposed changes,
and formulate a recommendation as to whether or not to proceed with the formal consideration
of the Ad Hoc Committee’s recommended modifications.
On October 8, 2014, the Planning Commission accepted testimony from the public and
reviewed the Town Council referral. After receiving the public testimony, the unanimous
consensus of the Planning Commission was that further study is needed before the Town should
consider revising the PD zoning regulations. The Commission voted unanimously to
recommend that Council consider the formation of a committee to do further research to decide
whether or not to pursue the course suggested by the PD Ad Hoc Committee or consider
improving the present PD zoning regulations, and whether there has been any violation of the
spirit of the PD zoning regulations.
On February 17, 2015 the Town Council considered the Planning Commission’s
recommendation and adopted Resolution 2015-008 establishing the Planned Development
Study Committee (PDSC) (Attachment 3).
The purpose of the PDSC was to conduct further research regarding the history and use of PD
zoning and formulate recommendation(s) for the Town Council’s consideration. The Council
also directed that the Committee examine the Conditional Use Permit (CUP) process that
enables land use changes from commercial to residential uses to determine if the Town should
consider modifications to that practice with a Town Code amendment. After a recruitment, on
April 21, 2015, the Council appointed two Town residents, a resident with business experience,
and a person with land development/construction experience to join the Town’s General Plan
Committee to serve on the PDSC.
DISCUSSION:
The PDSC began their work on September 30, 2015. Over the next six and a half months the
PDSC received a large amount of information and carefully considered potential modifications
to the existing regulations regarding PDs and the residential portion of the CUP Table. All of
the PDSC’s meetings were noticed under the Brown Act and members of the public were given
the opportunity to provide input to the proceedings. On January 14, 2016 the PDSC held their
last of eight meetings where they finalized their recommendations. Information regarding the
PDSC meetings can be found at the following link:
http://www.losgatosca.gov/AgendaCenter/Planned-Development-Study-Committee-15/
The PDSC recommendations are included in the following Attachments:
Attachment 4 – Draft Planned Development Ordinance
Attachment 5 – Modifications to the Conditional Use Permit Table
Attachment 6 – Other Important Issues
Attachment 7 – General Plan Amendment
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PDSC RECOMMENDATIONS
JULY 26, 2016
DISCUSSION (Continued):
Additionally, the Chair and Vice-Chair of the PDSC provided an Executive Summary which is
included in Attachment 8.
CONCLUSION AND NEXT STEPS:
The PDSC did a great job navigating through these challenging issues and developing the
recommendations listed above. To implement the recommendations, amendments are required
to the General Plan, Town Code, and other policy documents. Therefore, staff recommends that
the Council direct staff to prepare proposed amendments to the Town Code, General Plan, and
other policy documents incorporating the recommendations from the Planned Development
Study Committee and forward these proposed amendments to the Planning Commission for
consideration
The staff work includes a review of the General Plan, Town Code, and other policy documents
to determine if there are any other necessary amendments to ensure consistency between all
documents.
The Planning Commission will then conduct public hearings to consider the proposed
amendments and make its recommendation(s) to Town Council for its final actions on the
proposed amendments. In addition to the required noticing for changes to the Town Code,
General Plan, and policy documents, members of the PDSC and other interested members of the
public will be invited to participate in these hearings
ALTERNATIVES:
Alternatively, the Council may:
1. Provide additional direction regarding the proposed PDSC recommendations; or
2. Direct changes to the PDSC recommendations and return to Council for its review prior to
directing staff to prepare the proposed amendments and bringing them to the Planning
Commission for its review and recommendation to the Town Council.
ENVIRONMENTAL ASSESSMENT:
The item is not a project under the California Environmental Quality Act (CEQA). If the
Council refers the recommendations to the Planning Commission, then any necessary CEQA
assessment would be completed for the proposed amendments to the Town Code, General Plan,
and other policy documents. This CEQA assessment would be provided to the Planning
Commission and Town Council as part of their consideration of the proposals.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office, Community
Development Department, and the Town Attorney.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: PDSC RECOMMENDATIONS
JULY 26, 2016
Attachments:
1. Existing Planned Development Ordinance (five pages)
2. Town Council Ad Hoc Committee Recommended Draft Planned Development Ordinance
(two pages)
3. Resolution 2015-008 - Establishing the Planned Development Study Committee (two pages)
4. Planned Development Study Committee Recommended Draft Planned Development
Ordinance (three pages)
5. Planned Development Study Committee Recommended Modifications to the CUP Table
(one page)
6. Planned Development Study Committee Other Important Issues (one page)
7. Planned Development Study Committee Recommended General Plan Amendment (two
pages)
8. Executive Summary from the Chair and Vice-Chair of the Planned Development Study
Committee (three pages)
DIVISION 2. PD OR PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29 .80.075. Application.
Sec. 29 .80 .080. Intent.
Sec. 29 .80 .085. PD and underlying zone alternatives.
Sec. 29.80.090. Proper subdivision required .
Sec. 29.80 .095 . Relationship of PD procedures to other ordinances.
Sec. 29.80.100. General provisions in PD zones.
Sec. 29.80.105. Site area.
Sec. 29.80.110. Uses permitted.
Sec. 29.80.115 . Density regulations .
Sec. 29 .80.120. Adoption of official development plan.
Sec. 29.80.125. PD ordinance.
Sec. 29.80.130. Architecture and site approval.
Sec. 29 .80.135. Phased development.
Sec. 29 .80.140 . Dedication prior to issuance of fir st building permit.
Sec. 29.80.145 . Change in official development plan.
Secs. 29.80.150-29.80.210 . Reserved.
Sec. 29.80.075. Application.
( a)The following ordinances that concern designation of land PD or RPO have at various
times been adopted by the Town: 847 , 855, 938, 967 , 977 , 992 , 1053, 1061 , 1067 , 1077,
1109 , 1110, 1121 , 1123, 1129, 1172 , 1216, 1247, 1275, 1279 , 1281 ,and 1302.0fthe
foregoing ordinances the following:
(l)Have heretofore been repealed : 847 , 967, 977 and 1123.
(2)Were repealed by Ordinance No. 1328 : 855 and 992.
(3)Remain in effect, subject to the further provisions of this section: 938, 1053,
1061 , 1067, 1077 , 1109, 1110, 1121 , 1129, 1172 , 1216, 1247, 1275, 1279, 1281
and 1302.
(b )If a PD or RPO ordinance was in effect before the effective date of Ordinance No.
1328 and is not repealed by the provisions of this section, the regulations of such
ordinance (including regulations that may have been incorporated by reference to the
general provisions of a zoning ordinance then in effect) continue to apply to the land
de signated therein. However, any change in activities conducted on, or any new
construction on land in such PD or RPO zone is subject to the regulations of this division .
(Ord. No. 1316, § 4.82.010, 6-7-76; Ord. No . 1328, 8-2-76; Ord. No . 1363, 8-1-77;
Ord. No. 1838, §ill, 11-5-90)
ATTACHMENT 1
Sec. 29.80.080. Intent.
The purpose of the PD or planned development overlay zo ne is to provide for
alternative u s es and developments more consistent with site characteristics than are
allowed in other zones, and so create an optimum quantity and use of o pen space and
encourage good design. The PD zo ne permits establishment of a s ingle use or the
integration of several use s not ordinarily possible only if us e and develo pm ent is in
compliance with a complete development plan showing relation ship s of the use or uses to
each other, to the district as a whole, and to surrounding areas.
(Ord. No. 1316, § 4.82.020, 6-7-76; Ord. No. 13 28. 8-2-76)
Sec. 29.80.085. PD and underlying zone alternatives.
A lot zoned PD or pl a nned devel o pment overlay may be used either in th e manner
provided in the PD zo ne or th e manner prov ided in the underlying zone but not both; the
two (2 ) zo nes are complete alternatives. All of the regulation s of the zone used apply, and
no ne of the regulations o f the other zo ne , except in the situation where a PD zone is used
and the PD ordinance expressly incorporates provisions of the underl ying zo ne. However ,
once land is used in the manner provided in one ( 1) of the zo nes an e lection shall not then
b e made to use the land in th e manner provided in the other zone unless the land i s made
to conform in all r espect s to the rules of the other z one. In thi s respect no no ncon form ing
use privilege exists.
(O rd. No. 1316, § 4.82.030, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80.090. Proper subdivision required.
Notwithstanding the provisions of section 29.80.085, land zoned PD or planned
development overlay may not be used in either manner provided in the PD zo ning
ordinance or the manner provided in the und erlyin g zone unles s the land i s subdi vided in
conformity with the regulations of the applicable zo ne.
(Ord. No. 1316, § 4.82.040, 6-7-76; Ord. No . 1328, 8 -2-76)
Sec. 29.80.095. Relationship of PD procedures to other ordinances.
Compliance wi th th e provi sions of thi s division does not relieve the app licant
from havi n g to comply with th e subdivision ordinance or any oth er app licable ordinance
of the Town. Subdivision ap plications shall not be filed for a PD un ti l such time as the
PD overlay zo ne ordinance has be en adopted.
(Ord. No. 1316, § 4.82.050, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1942, §I, 5-1 7-
93)
Sec. 29.80.100. General provisions in PD zones.
Unless expressly provided otherwi se in the PD or planned development overlay
zoning ordinance, the general provisions of this chapter which apply to all zones also
apply to PD zones . Every PD ordinance shall include a statement of the extent to which
the provisions of sections 29.40.015 through 29.40.070 and article V of this chapter
apply.
(Ord. No. 1316, § 4.82.060, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80.105. Site area.
A planned development zone shall not consist of less than forty thousand ( 40,000)
square feet of contiguous site area unless the purpose of the planned development is to
provide housing for low income senior citizens, in which case there is no minimum site
area.
(Ord. No. 1316, § 4.82.070, 6-7-76: Ord. No . 1328, 8-2-76; Ord. No. 1500, 5-18-81)
Sec. 29.80.110. Uses permitted.
All uses or combinations thereof to the extent specified in the officia l
development plan shall be permitted in the PD or planned development overlay zone.
(Ord. No. 1316, § 4.82.080, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80.115. Density regulations.
In residential planned developments the official development plan prescribes the
density, which may not exceed the allowable density limits of the land use element of the
general plan and any specific plan.
(Ord. No. 1316, § 4.82.090, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80.120. Adoption of official development plan.
The applicant shall file a preliminary development plan drawn to scale with any
application for PD zoning showing:
(I )A land use plan locating all proposed uses.
(2)A tentative site plan illustrating the following:
a.Building placement.
b.Open space, public and private; indicating how it is to be used.
c.Natural features such as creeks, major trees, bluffs, etc.
d.Sidewalks, paths and trails .
e.Parking areas.
f. Vehicular circulation .
g.Major features on adjacent property which affect the development
proposal or are potentially affected by it.
(3)Schematic architectural elevations of all buildings and structures illustrated in
relationship to each other and any major structures on adjacent property which are
affected by the development proposa l or are potentially affected b y it.
( 4)Schedule for any phasing of development.
(5)Future lot lines, condominium units and easement areas , all subject to
s ubdivision approval.
( 6)Tabulation of land area including the areas of:
a.Entire planned development.
b.Publ ic streets.
c.Pri vate streets .
d.Driveways.
e.Land covered by buildings including garages and carports.
f.Landscaped public open space .
g.Landscaped pri vate open s pace.
h.Uncovered off-street parking.
i.Net land after deduction of a ll public and pri vate street s.
(?)Floor area of each type of occupancy (for example: sh op s, offices, warehouses
or dwellings).
(8)Proposed numb er of off-street park in g spaces.
(9)Grading, so il s, and geologic information.
(I O)Proposed s igning.
( 11 )Copies of any in strument or document such as covenants, conditions and
restrictions which are intended to be used to affect the s ubdi viding of the land.
(12)Such other information as the Planning Commission o r Planning Directo r may
require, which may include but is no t limited to market ana lysis showin g th e need
for the planned deve lopment and its components.
(Ord. No. 1316, § 4.82.100, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29.80 .125. PD ordinance.
Any ordinance rezoning land to PD or planned development overl ay shall
in co rporate the preliminary development plan as the official development plan. Either
s uc h ordinance, or the underlying zone, but not both, governs all development and u se of
the land. The official development plan s hall specify the total number of permitted
buildings, the categories of uses permitted, the total numbers of units of u se, s uch as
shops, offices, warehouses or dwellings, streets, s ign regulations, and the total number of
parking s paces or th e formula by which the total numb er is to be calculated in s uch detail
as is appropriate, and shall include any o ther performance standards which the Council
determines are needed.
(Ord. No. 1316, § 4.82.110, 6-7-76; Ord. No. 1328, 8-2-76)
Sec. 29 .80.130. Architecture and site approval.
In a PD zone architecture and site appro val is required before any construction
work is performed, whether or not a permit is required for th e work, and b efo re any
permit for construction is iss ued . However, if the construction is to be done under th e
regulations of the underlying zone, the regulations of that zo ne , including regulations
pertaining to approvals and permits, apply.
(O rd. No. 1316, § 4.82.1 20, 6-7-76; Ord. No. 13 28, 8-2-76; Ord. No. 183 8, §J V, 11-5-
90)
Sec. 29.80.135. Phased development.
Phased development shall be approved only if each phase is designed to stand as
an independent development and each meets the requirements of this chapter.
(Ord. No. 1316, § 4.82.130, 6-7-76; Ord. No. 13 28, 8-2-76)
Sec. 29.80.140. Dedication prior to issuance of first building permit.
To assure that open space will be available for the entire developed PD or planned
development overlay zo ne, public sites and deve lopment ri ghts for required open spaces
for any phase shall be dedicated in advance of the issuance of any permits. Dedi cations
for other purposes may b e required before the is suance of the first building p e rmit.
(Ord. No. 1316, § 4.82.140, 6-7-76; Ord. No. 1328, 8 -2-76)
Sec. 29.80.145. Change in official development plan.
Chan ges in the o fficial development plan shall be m ade by ordinance.
(Ord. No. 1316, § 4.82.150, 6-7-76; Ord. No. 1328, 8 -2-76)
Secs. 29.80.150-29.80.210. Reserved.
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TOWN COUNCIL AD HOC COMMITTEE
RECOMMENDED DRAFT ZONING ORDINANCE AMENDMENTS
DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29.80.075. Purpose and Intent.
Sec. 29.80.080. Limitations on Use of Planned Development.
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances.
Sec. 29.80.090. Requirements.
Sec. 29.80.095. Findings.
Sec. 29.80.100. Phased development.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Sec. 29.80.110. Vested.
Sec. 29.80.120. Amendments to Previously Approved Planned Developments.
Sec. 29.80.075. Purpose and Intent.
The purpose and intent of the Planned Development Overlay Zone (PD) is to ensure that
property is developed, designed and sited to protect, preserve and enhance conservation and
enrichment of hillsides, natural and historic resources, ridgelines, tree or stand of trees, creek and
riparian corridors and open space.
Sec. 29.80.080. Limitations on Use of Planned Development.
An Application for a PD shall only be considered in conjunction with a subdivision of property
that meets the Purpose and Intent of this Divi sion and shall only be considered for use on
property that meets one of the following criteria:
A. Property that is designated within the Hillside Development Standards Guidelines Area
Map.
B. Property that is designated within the Landmark Historic Preservation (LHP) Overlay
Zone.
C . Property with a tree or "stand of trees " that is unique, historical , ecological, or of
aesthetic value, such that it constitutes an important community resource as determined
according to standards set forth in the Town's Heritage Tree Ordinance.
D. Property that contains a stream, channel, or creek that supports or has supported riparian
vegetation, fish, and/or aquatic life .
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances.
The provi sions of this Division do not negate the application of any existin g land use regulation,
ordinance, General Plan provi s ion or any other provision of the town Code otherwise applicabl e
to the property.
Sec. 29.80.090. Requirements.
The PD application shall clearly demonstrate that proposed development has been designed and
sited to ensure that impacts and disturbance to the property are minimized to protect, preserve
ATTACHMENT 2
and enhance conservation and enrichment of hillsides, natural and historic resources, rid gel in es,
tree or s tand of trees , creek and ripa rian corridors and open space. The PD application shall
include a text and plans or diagram s that specify all of the followi ng:
1. Compliance with Section 29.80.075; Purpose and Intent.
2. Compliance with Section 29.80.080; Limitations on Use of Planned
Development.
3. Conformity of the PD to th e General Plan.
4. A plan or set of plans that set out characteristics existing on the property
which warrant application of the PD Overlay Zone.
5. Proposed distribution , location and extent of the uses of land, including o pen
space.
6. Proposed standards and criteri a by which de velopment will pro ceed, including
standards for conservation, de velopment and utili zation of natural and hi storic
re sources.
7. Proposed deviations from the land use regulations applicable to the underlying
zoning distri ct(s).
Sec. 29.80.095. F indings.
The deciding body, on th e basis of evidence submitted at the hearing, may adopt a PD if it
d etermines that the PD meets the requirements of Section 29.80.80, speci fic a ll y, that it will
protec t , preserve and enhance conservation an d enrichment of hill si des, natural and hi stori c
reso urces, rid gelines, tree or stand of trees, creek and riparian corridors and open space.
Sec. 29 .80 .1 00. Phased development.
Proposed phasing plans shall be reviewed and adopted b y the Town Coun cil only if each phase is
self-suffici e nt and is not depend ent on sub sequent phases to fu lfill infrastruc ture requirements
and/or co nditi o ns of approval.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Develo pm e nt rights for required open spaces shall be dedicated in ad vance of the issuance of a ny
building permits.
Sec. 29.80.110. Vested.
Failure to obtain building p ermits for the approved Planned Development within 24 months from
the da te of approva l w ill a utomatica ll y voi d the PD ordinan ce, unl ess an extension of time has
been granted b y the Town Counci l for good cause shown.
Sec. 29.80.120. Amendments to Previously Approved Planned Development.
Amendments to a PD approved both pri or to and after the adoption of this Division may onl y be
co ns id ered und er thi s Divi sion and it s provisions and must meet the requirements set forth
herein.
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RESOLUTIO~ 2015-008
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ESTABLISHING A PLANNED DEVELOP'.\1ENT STUDY COMMITTEE
WHEREAS, in December 201 3 , an Ad Hoc Commi ttee of the Town Council was
established to study Planned Developments (PD) and the use of the PD Overlay Zoning; and
WHEREAS. on June 2. 2.01 4 , the Ad Hoc Committee presented the Tov..n Council
recommended amendments to the Town Code (Zoning Regulations) pertain to PD Overlay
Zoning: and
WHEREAS, the Town Council referred the Act Hoc Committee's recommended
amendmt=nts to the Plann ing Commission ; and
WHEREAS, on October 8. 2014, the Planning Commission cond ucted a public meeting to
recei ve publ ic input and review the referral from Council: and
WHEREAS, the Planning Commission recommended that th0 To\.vn Council appoint a
Planned Development Study Co mm ittee (hereafter Study Committee) with membership from the
Planntng Commission. General Pl an Committee, Hi storic Preservation Committee, developers ,
and members of the public to conduct further research regarding the use of the .PD Overlay Zoning.
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Lo s
Gatos does hereby establish a Study Committee composed of all m embers of the General Plan
Committee, two Town residents. one member with business experience, and one member with
land development/construction community. The purpose of the Study Committee is to conduct
further research regarding the! hi stor y and us<! of the PD Overlay Zoning and related planning
application processes and formulate recommendation(s) for the Town Council's consid erations.
The Study Committee shall automatically be dissolved on December 31. 2015.
ATTACHMENT 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the I 7'h day of February. 2015, by the following vote:
COUNCIL MEMBERS:
A YES : Steve Leonardis. Rob Rennie. Marico Sayoc, Barbara Spector. Mayor Marcia Jensen
>JAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS. CALIFORN IA
CLERK ADMJNISTRATOR OF THE TOWN OF LOS GATOS
LOS GA ros . C ALIFORNIA
PLANNED DEVELOPMENT STUDY COMMITTEE
RECOMMENDED DRAFT PLANNED DEVELOPMENT ORDINANCE
DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29.80.075. Purpose and Intent.
Sec. 29.80.080. Limitations on Use of Planned Development.
Sec. 29.80.085. Relationship of P lanned Development procedures to other ordinances.
Sec. 29.80 .090. Requirements.
Sec. 29.80.095. Findings.
Sec. 29.80.100. Phased development.
Sec. 29 .80.105. Dedication prior to issuance of first building permit.
Sec. 29.80.110. Vested.
Sec. 29.80.120. Amendments to Previously Approved Planned Developments.
Sec. 29.80.075. Purpose and Intent.
As more s pecifically provided in Section 29.80.080 (B), the purpose and intent of the Planned
Development Overlay Zone (PD) i s to preserve, enhance, and/or promote:
1. The Town's natural and historic resources;
2. The production of affordable housing;
3. The maximization of open space; and/or
4 . A project that provides a public benefit to the citizens of the Town.
Sec. 29.80.080. Limitations on Use of a Planned Development.
A . The PD overlay i s not intended for:
1. Uses inconsistent with the General Plan ;
2. Proposed development that is reasonably feasible under the existing Town Code; or
3. A relaxation of standards applicable to similar types of development.
B. An Application for a PD shall only be considered by the recommending and deciding bodies
if it m eets the Purpose and Intent of thi s Division, and meets one or more of the following
criteria:
l. A project that provides a public benefit to the citizens of the Town.
2. Property that is designated within the Hill side Development Standards Guidelines Area
Map.
3. Property that has a historical designation or is within a Landmark Historic Preservation
(LHP) Overlay Zone.
4. Prope rty with a tree or "s tand of trees" that is unique, historical, ecological, or of
aesthetic value, as determined according to standards set forth in the Town's Tree
Protection Ordinance.
5. Property that contains a stream, channel, or creek that supports or has supported riparian
vegetation, fish , and/or aquatic life as furthe r defined in the Guidelines and Standards for
Land Use Near Streams.
ATTACHMENT 4
6. A property with a geological hazard or within a fault zone.
7. A property being considered for affordable housing as defined in the Town 's adopted and
certified Housing Element.
8. A property being considered for a use or combination of uses not allowed in the Town 's
existing zoning districts.
9 . A property being considered for the creative use of the si te consistent with the base
zoning district.
Sec. 29.80.085. Relationship of Planned Developments to other adopted land use
documents.
The Planned Development Overlay shall not be used to deviate from General Plan provisions,
Guidelines adopted by the Town Council, the standards contained in any existing land use
regulation , or any other provision of the Town Code otherwise applicable to the property except
as otherwise provided in Section 29.80.095 (4).
Sec. 29.80.090. Requirements.
The PD application shall include text and plans or diagrams that clearly demonstrate and specify
all of the following:
1. Compliance with all section s of this Division.
2. Conformity of the PD to the goals , policies, applicable land use designation(s) and
standards of the General Plan.
3. A plan or set of plans that identify characteristics existing on the property which
warrant application of the PD Overlay Zone.
4. Proposed distribution , location and extent of the land uses on the site, including
open space.
5. Proposed standards and criteria by which development wi ll proceed , including
standards for conservation, development and utilization of natural and/or historic
resources.
6. Proposed deviations from the land use regulations and development standards
applicable to the underlying zoning district(s).
7 . Description of the public benefit of the proposal.
Sec . 29.80.095. Findings.
The deciding body, on the basis of the totality of the evidence and testimony submitted at the
hearing, may adopt a PD if all of the following findings can be made:
1. The proposed PD is in compliance with all sections of this Division.
2. The proposed PD is in conformance with the goals, policies, and applicable land use
designation(s) and standards of the Town 's General Plan.
3. The proposed PD is in conformance with all other applicable land use regulations,
including but not limited to Town Council adopted Guidelines, except as otherwise
provided in Section 29.80.095 (4).
4. Any proposed use or development standards that deviate from the underlying zoning
district(s) result in innovative and creative site planning to develop :
a. Housing with a minimum of 40 percent of the units affordable to households of
very low, low, or moderate income; or
b. Mixed commercial, or mixed residential , or mixed commercial and residential
development; or
c. A development de s igned and sited to protect, preserve and enhance conservation
and enrichment of hillsides, natural and/or historic resources, ridgelines, a tree or
stand of trees, creek and riparian corridors, geologic hazard or fault zone, and
open space; or
d. A project that maximizes open space; or
e . The proposed PD provides a public benefit to the citi z ens of the Town.
Sec. 29.80 .100. Phased development.
Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is
self-sufficient and is not dependent on subsequent phases to fulfill infrastructure requirements
and /or conditions of approval.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Development rights for required open spaces shall be dedicated in advance of the issuance of any
building permits.
Sec. 29.80.110. Vested.
Failure to obtain building permits for the approved Planned Development within 24 months from
the date of approval will automatically void the PD ordinance, unless an extension of time has
been granted by the Town Council for good cause shown.
Sec. 29.80.120. Amendments to Previously Approved Planned Development.
Amendments to a PD approved both prior to and after the adoption of thi s Division may only be
considered under this Division and its provisions and must meet the requirements s et forth
herein.
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TOWN CODE SECTION 29.20.185 TABLE OF CONDITIONAL USES
(8) Residential Uses RC HR Rl RD R-M R-lD RMH 0 C-1 C-2 CH LM CM
a . One-family dwelling (in a
mixed-use project) x x N x
b. Two-family dwelling (ma
m ixed-use pro1ect} x x i'i: x
c . M ulti-family dwelling (ma
mixed-use groject} x x x
d. BeafE.:IH:ighe1:.tse * e. A13artmeat hetel * f.d . Mobile home park x
g. R:esieeatial eeaeemiAi1:.tlfl
~
lr.e .Caretaker residence
x x
h f. Reserved
f.g. Conversion of ~ mobile home
park to eeReomiAit:llfl
e'>•rnefsh:ip any other use x x
lf:.h .Live/work units x x x x x
~ ~
~ ~
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Other Important Issues to be Addressed by the
Planning Commission and Town Council
• Define minimum open space requirements
• Fix all inconsistencies between Zoning Ordinance and General Plan relating to
recommendations to remedy conflicting language
• Consider a minimum lot si z e threshold for Planned Developments
• Consider requiring the processing of A&S and Planned Development
applications at the same time
• Define public benefit
• Define a minimum/maximum density for residential units in mixed-use
developments
• Define mixed-use project
• Consider adding one or more General Plan Land Use and /or Zoning
Designations
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Town of Los Gatos General Plan
Commercial Land Use Designations
Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses ,
including those authorized in any other Zoning District within the Town, may be permitted where
authorized by a Conditional Use Pem1it or Planned Development Overlay Zone . In a mixed-use project
residenlial uses may be permitted in conjunction with other permitted uses in non-re~iqential Zoning
Districts with the exception of the Commercial Industrial and Controlled Manufacturing Zoning Di strict s.
For non-re sidential land uses, building intensity limits are indicated by either allowable land coverage or
floor area ratio (FAR) and a maximum height limit.
a. Office Professional: Up to 50 percent land coverage with a 35-foot height limit
The Office Professional designation provides for professional and general business offices. This
designation applies to various locations throughout the Town, often in close proximity to neighborhood-
or community-oriented commercial facilities, or as a buffer between commercial and residential uses. The
intent of this designation is to satisfy the community's need for general business and professional services
and local employment.
b. Central Business District: 0 .6 FAR with a 45-foot height limit
The Central Business District designation applies exclusively to the downtown and accomplishes the
following:
+ Encourages a mixture of community-oriented commercial goods, services and lodging unique in it s
accommodation of small-town style merchants and maintenance of small-town character.
+Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
+ Integrates new construction with existing structures of historical or architectural significance and
emphasizes the importance of the pedestrian.
c . Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use
settffl.g project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses,
recreational uses, and restaurants . Projects developed under this designation shall maintain the small
town, residential scale and natural environments of adjacent residential neighborhoods , as well as provide
prime orientation to arterial street frontages and proper transitions and buffers to adjacent residential
properties.
This designation shou ld never be interpreted to allow development of independent commercial facilities
with principal frontage on the side streets .
ATIACHMENT 7
d. Neighborhood Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Neighborhood Commercial designation provides for necessary day -today commercial goods and
services required by the residents of the adjacent neighborhoods. This designation encourages
concentrated and coordinated commercial development at easily accessible locations .
e. Service Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Service Commercial designation provides for service businesses necessary for the conduct of
households or bu sinesses. These include auto repair, building materials sales, paint suppliers, janitorial
services, towing businesses, contractors offices and yards, launderers and dry cleaners, as well as
wholesaling and warehousing activities.
f. Light Industrial: Up to 50 percent land coverage with a 35-foot height limit
The Light Industrial designation provides for large-scale office developments and well-controlled
research and development, industrial-park-type and service-oriented uses subject to rigid development
standards. These uses should respond to community or region-wide needs .
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PLANNED DEVELOPMENT STUDY COMMITTEE (PDSC)
EXECUTIVE SUMMARY -March 30, 2016
Committee & Purpose :
Twelve-member committee appointed April 21 , 2015 and met 9/30/15 -1/14/16.
PDSC Committee charged to revi ew the current Planned Development Ordinance
and proposed Ad Hoc Committee proposed modifications regarding history and use
of PD zoning, and formulate recommendation (s) for the Town Council's
consideration. Additionally, examine the Conditional Use Permit (CUP) process that
enables land use changes from co mm ercial to residential uses and determine if the
Town should consider modifications to that practice with a Town Code amendment.
Problem (s):
The Committee considered:
1. The existing Planned Development Ordinance has come under study to determine
if it is focused adequately and applied in an appropriate manner for development in
Los Gatos. It is acknowledged that this Ordinance has been interpreted and
deviated from the Town's Vision State ment resulting in higher intensity
development impacting Los Gatos residents.
2. Should the current use of CU P's for residential uses in commercial zones be
continued and if so, under what circumstances?
Goal:
Approve/Recommend a Planned Development Policy that is workable to implement
the goals of the General Plan to ensure that Los Gatos remains the historic and
unique Town it is. Recommend, if needed, Code and Policy document amendments
to CUP's for residential uses in commercial zones.
Process:
Through study, discussion, and based on conclusions, a decision will be reached to
recommend or not, a revised PD Ordinance and any revisions to the use of CU P's for
residential uses in commercial zones. The committee understood and agreed that
anything written or said in the concluding recommendations could be a s tarting
point for the Town Council and Planning Commission. Lengthy discussions ensured
all ideas and concerns were taken into account and reflected in conclusions.
Recommendations were approved by consensus vote of Committee.
Committee's Overarchine Startin&: Points
As a result of the Committee meeting on 10/22/15, the Committee determined that:
1 . The Intent and Purpose of a PD is importa nt to establish first, and must be
clearly and strongly stated.
2. Planned Development can be a valuable tool to further the goals and policies
of the General Plan.
3 . Planned Development can be a valuable tool only if it is consistent with the
General Plan, policies and goals.
1
ATTACHMENT 8
Study:
1. Review "Intent" of Planned Development as written in the Town code
Sec. 29.20080. Intent.
2. Current Elements the PD allows
3. Suggested Elements the first Ad Hoc Committee allows
4. Review Planning Commission's reasons for more study
5 . Review PD Overlay zoning
6. Review examples of approved PD's both residential and commercial
7. Explore PD Strengths and Weaknesses
8 . Review the Strengths and Weaknesses in Los Gatos PD developments
9 . Review any litigation because of PD developments
10. Modifications of the Intent?
11. The committee considered:
Results:
• amendments to elements of current PD,
• modify first Ad Hoc version to strengthen PD language with clear
direction
• create new version with clear direction to strengthen but not
constrict PD.
1. The Committee, with staffs effective counsel and suggestions, developed a
draft Planned Development Overlay Zone ordinance.
2 . Considerable discussion of the Land Use -Commercial and Non-Residential
Land Use Designations.
3. The Committee modified the Table of Conditional Uses .
4. The Committee developed a list of "Other Important Issu es to b e Addressed by
the PC and TC". Extensive Committee discussion occurred around these
topics, resulting in more questions and the knowledge that the issues were
not the PDSC's to decide. The Committee realizes conclusions about these
topics may affect the Committee's draft ordinance recommendation.
5. Further Committee suggestions are to form an ongoing Citizens Committee to
include in discussions related to Town zoning and 'public benefit'.
Based on a consensus vote, the Committee forwards and recommends to the Town
Council a revised draft Planned Development Ordinance and a modified Table of
Conditional Uses.
Joanne Stypula Talesfore
Planned Development Study Committee, Chair
Jak Van Nada
Planned Development Study Committee, Vice-chair
2
The PDSC committee talked at length about this topic and believes it is an important consideration for
deciding bodies to arrive at a definition that is clearly understandable. The Committee did not reach any
conclusion and believes this paper from Jak Van Nada is a starting point for discussion.
January 14, 2016
Concern about the definition of a "public benefit"
I realize that we can't make a PD so tight that this council, as well as future councils, become bound by it
rather than using it as an "innovative" tool. However, I believe we have tidied up and rearranged those
deck chairs one more time . I think we may have a gaping weakness in the ship's hull that a less
conscientious council could shoot a torpedo through in the future. Below are my thoughts on a
definition of what a "public benefit" might be .
The "weakness" I perceive is Item 4 within Sec. 29 .80 .07 5, the Purpose and Intent: "A project that
provides a public benefit to the citizens of the town." A "public benefit" could be interpreted
individually such that a development-oriented coun cil co uld interpret many of the term s differently than
we intend.
I think that the by defining the "public benefit" with slightly stronger wording, we can give the Council
and the Planning Commission more teeth while letting the developer know that our expectations for
development are neither common nor mundane.
I would propose the following definition:
A "public benefit" will be defined as a project that m akes a substantial contribution to the public
infra stru cture that is consistent with the vision and objectives of the General Pl an. Mere compliance
with the existing zoning shall not be considered a substantial community benefit. Substantial benefits
must be actions that are substantially above and beyond what an applicant would be required to make
in order to comply with the underlying zoning.
Jak Van Nada
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