M09-01-16
Town Council Meeting 09/20/16
Item #1
MINUTES OF THE TOWN COUNCIL MEETING
SEPTEMBER 1, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Thursday,
September 1, 2016, at 6:00 p.m.
MEETING CALLED TO ORDER AT 6:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Marcia
Jensen, Council Member Steve Leonardis, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Spector led the Pledge of Allegiance. The audience was invited to participate.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of August 9, 2016
2. Approve Council Minutes of August 11, 2016
3. Approve Council Minutes of August 16, 2016
The Council discussed the items, noting that Mr. Picraux’s testimony on August 9, 2016
was broader than the minutes indicated and questioning the use of “sic” corrections to
motions.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the
SecondedMayor Barbara Spector.
Consent Items 1 through 3 by
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
There were no verbal communications.
PUBLIC HEARINGS
4. Architecture and Site Application S-13-090 and Vesting Tentative Map Application
M-13-014. Property Location: Southerly Portion of The North 40 Specific Plan
Area, Lark Avenue to South of Noddin Avenue. Applicant: Grosvenor USA
Limited. Property Owners: Yuki Farms, ETPH LP, Grosvenor USA Limited,
Summerhill N40 LLC, Elizabeth K. Dodson, and William Hirschman. Consider a
request for the construction of a new multi-use, multi-story development consisting
of 320 residential units, which includes 50 affordable senior units; approximately
66,800 square feet of commercial floor area, which includes a market hall; on-site
and off-site improvements; and a Vesting Tentative Map. APNS: 424-07-024
through 027, 031 through 037, 070, 083 through 086, 090, and 100. ITEM #4
CONTINUED FROM AUGUST 9, AUGUST 11, AND AUGUST 16, 2016.
Public Hearing Item #4 – continued
The Town Council opened and closed the Verbal Public Comment for this item at
the August 9, 2016 Special Meeting of the Town Council.
Council discussed the matter.
MOTION: Motion Council Member Marcia Jensen
by to approve the
application as submitted, and approve the resolution (attachment
23) with all of the findings and requirements included with the
resolution. For purposes of the motion, the following items should
be included in the record: (1) The evaluation contained in the HCD
letter of August 25, 2016, from Paul McDougall regarding
Government Code Sections 65583 C1 and 65883 H & I, which
indicates: "While design review is allowed under the statute, by
right decision making must follow development standards that are
objective fixed, predictable, clear, quantifiable, written, warrant little
to no judgement and should be applied in a manner that
affirmatively facilitates development”. (2) Vision Statement General
Principles identified in Chapter 2, paragraph 2 are that the land use
development standards form a comprehensive set of policies that
will work in concert to steer future development. Section 2.3
paragraph 2: The overall goal is for all three districts to work
together. Section 6.4.2 indicates that the Plan, policies and
guidelines work in concert with the zoning ordinances of the Town,
however, when there is a conflict, the Plan takes precedence. (3)
With respect to bullet one of the Vision Statement: The North Forty
will look and feel like Los Gatos. Section 2.7.3 the Specific Plan
area should accommodate a mix of residential product types and
sizes to create the character of an authentic neighborhood rather
than a typical development project. The application proposes
different types of residences: garden cluster, row homes, live/work
lofts, affordable senior apartments. They comply with Table 2.2 of
the Specific Plan. Commercial Design Guidelines for the look and
feel of Los Gatos Section 3.2.4.a - these guidelines are not
intended to establish or dictate a specific style. Section 3.2.4 (b) -
proposals for new commercial structures should be developed
within the context of Los Gatos' heritage and historic and
agricultural heritage of the site. The application is consistent with
the architecture that's called out in the Specific Plan, and is
compatible. Section 3.4 Neighborhood Identity indicates the
Specific Plan is a unique site in the Town, with its own identity. The
Specific Plan area should be treated with a unique image or
brand, appropriate to its history and relationship to the Los Gatos
community. Branding elements include building materials and
forms, trees and landscape treatments, street lights, benches, trash
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Town Council/Parking Authority September 1, 2016
cans, planters, walls, and signage. This application has given us a
variety or architectural treatments that conform to the heritage of
the land, it's consistent with the pictures that are illustrated in the
Specific Plan, it includes planting of approximately 1800 trees, 540
of which are orchard trees, and that's reflected on
application sheets 2.2, 4.1, and 4.3. (4) Bullet two of the Vision
Statement - The North Forty will embrace Hillside Views, trees, and
open space. The application does comply with all of the height
limitations set in the Specific Plan, and it does plant 1800 trees, and
with respect to open space Section 2.5.4, requires a minimum of
30% open space and this application gives us 39%. The open
space, Section 2.5.4a includes both green open space and
hardscape. Section 2.5.4c, the 30% open space requirement shall
include a variety of green and plaza spaces with a minimum of 20%
being green open space, the application provides 23%. Section
2.5.4d requires that 20% of the 30% open space shall be publicly
accessible; the application has 85% of that space publicly
accessible. (5) Bullet three of the Vision Statement - the North
Forty will address the Town's residential and/or commercial unmet
needs. Section 3.3 Residential Design Guidelines of the Specific
Plan states residential products should be designed to meet the
unmet needs of the community and provide a mix of market rate
and affordable housing in a multi-family setting. The application
sheets 1.0, 1.0(a) include proposed residential of market rate
garden clusters, condominiums, row homes, live/work lofts,
apartments, and senior affordable units. Section 2.6.6 Retail
Tenant Space Size. The Specific Plan allows for a mix of retail
sizes, including smaller neighborhood serving stores that will
support the new residential, as well as, larger space for commercial
uses. The commercial is to serve the unmet needs for the new and
surrounding businesses and residential neighborhoods subject to
the following conditions: a) every application shall include a table
that identifies the sizes of each retail space proposed. That has
been submitted, Sheet 1.0a. b) the maximum individual commercial
retail tenant size is 50,000 square feet. The application does not
propose anything over 50,000 square feet. Section 2.4.2 requires
that new commercial square footage must present the proposal and
an economic study to the Conceptual Development Advisory
Committee (CDAC). That was done in this case both in October
2015, with the final decision on November 11, 2015. The minutes
for CDAC indicate that it was examined and that "no additional
analysis needs to be provided unless there are changes to the
proposed commercial elements that the current analysis does not
cover." (6) Vision Statement Bullet four is supported by Section
4.1 Policy C2: Traffic – Minimize traffic impacts through site design,
multimodal opportunities, land uses, the intensity of development,
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Town Council/Parking Authority September 1, 2016
access, and street and intersection improvements. The application
complies with the mitigation measures identified in the EIR and
provides infrastructure improvements that are called out in the
Specific Plan - Tentative Map Roadway Improvement plans sheets
1.23 and 1.24. Policy C5 Bicycle Planning – Integrate bicycle
facilities and amenities throughout the site. Development projects
shall include multi-modal paths. The Tentative Map sheets 1.3 and
1.5 comply with that. Section 4.6 Intersection Improvements - all of
those are provided on the Tentative Map sheets 1.23 and 1.24.
Section 4.10 Traffic Demand Management Plan - that comes with
the Final Map if the application is approved. The applicant has
indicated they will be following the requirements called out in the
EIR. (7) The second part of Bullet four of the Vision Statement is
addressed in Section 5.2 Policy 18: Address School Needs.
Developers are encouraged to collaborate with School Districts to
address school needs. There is an agreement with the Los Gatos
School District included with the application. Other community
services, the applicant has worked with the Bicycle and Pedestrian
Advisory Commission (BPAC) and transportation agencies along
with the Town to meet other Town needs. The Objective Standards
Matrix submitted by the applicant is not being relied on for the
Amendment by Council Member Rob Rennie
motion. : 1) change
in Tree Planting Map to protect views (Exhibit F of Attachment 32,
page 90); 2) plant the trees as soon as possible; 3) change the
exterior architecture of market hall (Exhibit F of Attachment 32,
page 87); 4) change the architecture of the two units on Los Gatos
Boulevard (Exhibit B of Attachment 32, page 73); 5) optional
elevation change to row home architecture (Exhibit of Attachment
32, page 81; 6)change the floor plans of the condo clusters to add
an additional 10 units (Exhibit E of Attachment 32, Plan 4; and 7)
change the architectural elevations of the units on Lark Ave (Exhibit
SecondedCouncil Member
C of Attachment 32, page 79). by
Rob Rennie.
VOTE: Motionfailed 2/3. Mayor Barbara Spector, Vice Mayor Marico
Sayoc, and Council Member Steve Leonardis voting no.
Recess at 7:53 p.m.
Reconvened at 8:02 p.m.
MOTION: MotionCouncil Member Marcia Jensen
by to adjourn to
SecondedMayor Barbara Spector.
September 6, 2016. by
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Town Council/Parking Authority September 1, 2016
VOTE: Motionfailed 4/1. Mayor Barbara Spector, Vice Mayor Marico
Sayoc, and Council Member Steve Leonardis, and Council
Member Rob Rennie voting no.
MOTION: MotionVice Mayor Marico Sayoc
by to deny the application
based on the following reasons: 1) The residential components of
the Planning Commission’s recommendation to the Town Council
to deny the application; 2) Significant issues with the layout of the
residential units and if there was an opportunity to spread the units,
we would have had a better comprehensive site plan. For example;
residential buildings 18 through 27 on Building Key Plan 1.0,
surrounded by South A Street, Los Gatos Boulevard, and Lark
Avenue, are an anomaly due to the existing commercial property on
Los Gatos Boulevard (as clarified after discussion); 3) Site access
on Specific Plan page 4-2 and Commercial Design Guidelines on
page 3-2 guide the site plan development; 4) The ability to spread
residential units gives better design. 270 units were allocated in the
Housing Element for all 40 acres of the North 40. 13.5 acres were
not designated to the southern Lark District, Transition District, or
Northern District. This provides discretion to the deciding body.
This is how land use decisions work in Los Gatos. When there is
ambiguity, the deciding body makes the determinations based on
look and feel, site layout, scale, mass, and neighborhood harmony.
We should not be looking at this project any differently; 5) With the
intention of applying the Specific Plan uniformly on all projects in
the future, this application disproportionately hurts the chances of a
better site design in the future; 6) Housing Element planned for an
income distribution of 156 very low, 84 low, and 30 moderate
added by the maker of the
income households for North 40 site (
motion and accepted by the seconder after discussion
); and 7)
Reducing the size of the proposed units and locating the proposed
units outside of the Los Gatos School District boundaries are
added by
strategies for reducing the cost of the proposed units (
the maker of the motion and accepted by the seconder after
discussionSecondedCouncil Member Steve Leonardis.
). by
VOTE: Motion3/2. Council Members Marcia Jensen and Rob Rennie
voting no.
ADJOURNMENT
The meeting adjourned at 8:43 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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