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M09-27-16 N40 Verbatim 1 A P P E A R A N C E S: 2 Los Gatos Town Council: Barbara Spector, Mayor 3 Marico Sayoc, Vice Mayor Marcia Jensen, Council Member 4 Steven Leonardis, Council Mem. Rob Rennie, Council Member 5 6 Town Manager: Laurel Prevetti 7 Planning Manager: Joel Paulson 8 Town Attorney: Robert Schultz 9 10 Transcribed by: Vicki L. Blandin (510) 337-1558 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 1 1 2 3 P R O C E E D I N G S: 4 5 MAYOR SPECTOR: Calling the meeting to order. 6 Ladies and Gentlemen, welcome to the September 27, 2016 7 special meeting of the Town of Los Gatos. If you haven’t 8 already done so, please silence your devices. Madam Clerk, 9 please call the roll. 10 SHELLEY NEIS: Thank you, and good evening. 11 Council Member Marcia Jensen. 12 COUNCIL MEMBER JENSEN: Here. 13 SHELLEY NEIS: Council Member Rob Rennie. 14 COUNCIL MEMBER RENNIE: Here. 15 16 SHELLEY NEIS: Council Member Steve Leonardis. 17 COUNCIL MEMBER LEONARDIS: Here. 18 SHELLEY NEIS: Vice Mayor Marico Sayoc. 19 VICE MAYOR SAYOC: Here. 20 SHELLEY NEIS: Mayor and Chair Barbara Spector. 21 MAYOR SPECTOR: Here. If you’ll please stand and 22 join me for the Pledge of Allegiance. 23 (Pledge is recited.) 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 2 1 MAYOR SPECTOR: Next item on our agenda before we 2 get to other business is Verbal Communications. I have no 3 cards. Does anyone in the audience wish to address us on an 4 item that is not on our agenda? No cards, no one coming 5 forward. 6 We will now move on to other business, which is 7 our one agenda item: Discuss potential amendments to the 8 North 40 Specific Plan. The way we will be proceeding this 9 evening is as we always do. Council will begin with 10 questions of Staff, if any, and then we will go to our 11 testimony, and we do have cards. If you wish to address us 12 on this agenda item and have not already submitted a card, 13 please do so. Staff Report. 14 JOEL PAULSON: Staff does not have anything to 15 16 add to what’s been presented. 17 MAYOR SPECTOR: That’s a short report. Do we have 18 questions of Staff? Ms. Jensen. 19 COUNCIL MEMBER JENSEN: I have just preliminary 20 questions I want to make sure that I understand before we 21 go forward, so it’s a couple, probably for Mr. Schultz. 22 The first thing I wanted to understand is that 23 the application that was denied, if that applicant or a 24 group of applicants comes back with an amended application 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 3 1 or takes a lawsuit and wins, or that application is 2 evaluated in court, that is evaluated under the current 3 Specific Plan, correct? 4 ROBERT SCHULTZ: There were a few different 5 scenarios there. Under the scenario where the application 6 was denied, if they were to file suit and prevail, and 7 depending on what the court did, they might remand it back 8 for you for a decision in their favor. It would have to be 9 evaluated on your current Specific Plan. 10 If a new application comes in today, it would 11 have to be reviewed under your Specific Plan. If a new 12 application comes in after you make amendments, even if 13 it’s the same group, Grosvenor, but if they filed a new 14 application and that application comes in after you made 15 16 amendments to the Specific Plan, they have to comply with 17 those Specific Plan amendments. 18 COUNCIL MEMBER JENSEN: Follow up? 19 MAYOR SPECTOR: Yes. 20 COUNCIL MEMBER JENSEN: The current Applicants 21 are not required to file any new application, correct? 22 ROBERT SCHULTZ: No, they’re not required to. 23 COUNCIL MEMBER JENSEN: And is it correct that 24 from now until the time the Specific Plan is amended, if it 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 4 1 is amended, anyone who is a landowner on that property can 2 come in and file an application under the current plan? 3 ROBERT SCHULTZ: That’s correct. 4 COUNCIL MEMBER JENSEN: Thank you. 5 MAYOR SPECTOR: Other questions? Seeing none, we 6 will go to the public testimony. I said I do have cards. If 7 you intend to speak, submit a card. The first person is 8 Barbara Dodson. 9 BARBARA DODSON: Good evening, my name is Barbara 10 Dodson; I live on Marchmont Dr. 11 I hope that as you consider amending the Specific 12 Plan you will consider reducing the allowable height for 13 buildings, except for a possible hotel; consider reducing 14 the overall sizes of the residential units; and think about 15 16 rewriting the definition of open space. 17 I think problems arise when we don’t follow our 18 Town Code. That’s what’s happening here when we allow 19 residential and other buildings to be 35’ tall. Our Town 20 Code underpins the look and feel of our town and helps us 21 retain our small town feel. Town Code Section 29 specifies 22 the height of residential structures, including duplexes, 23 as a maximum of 30’. Even this, I think, is too tall for 24 residential structures for our town, so I hope that you 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 5 1 will in fact call for a large number of the residences to 2 be no higher than 25’, while allowing some to be 30’. For 3 comparison, the Laurel Mews homes are all no higher than 4 25’. This height seems more in keeping with the look and 5 feel of our town and is likely to enhance opportunities for 6 hillside views. 7 I also hope that in order to enhance 8 affordability and allow for more open space you will reduce 9 the sizes specified for most of the residential units. I 10 happen to have two millennials who are living very 11 comfortably in homes that are roughly 1,100 square feet. 12 They have one child each and are living in homes with three 13 small bedrooms and one small bath. I, myself, grew up in a 14 1,200 square foot home. 15 16 I think that many of us who live in large homes 17 have a distorted view of how much space young people, and 18 also older people, really want and need. Nowadays, 19 affordability is critical. I would like to think that our 20 town will make it possible for people who are critical to 21 our community and have moderate incomes, teachers, 22 firefighters, nurses, police officers, to live in our town. 23 Reducing the sizes of the residential units is a step we 24 can take toward affordability. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 6 1 I’d also hope that a revised Specific Plan could 2 redefine open space. The proposed development had more open 3 space than was required, yet felt like it lacked both 4 openness and space. I think this may have been because the 5 current Specific Plan allows for inclusion under green 6 space calculations private residential green space, parking 7 strips, and planters. It also includes items that should be 8 defined, since probably many others and I have no idea what 9 they are; these are bioretention and drivable turf block. I 10 think that open space calculations should be reserved 11 exclusively for public open spaces. 12 Thank you for your continued hard work on this 13 important issue, and you’re willingness to reconsider the 14 Specific Plan. 15 16 MAYOR SPECTOR: Thank you. Questions? Seeing 17 none. 18 COUNCIL MEMBER JENSEN: Mayor? 19 MAYOR SPECTOR: Ms. Jensen. 20 COUNCIL MEMBER JENSEN: After each speaker, 21 should be ask questions that we have of Staff, or just 22 write them down and save them up for after? 23 MAYOR SPECTOR: For Staff, I would suggest we 24 wait till the end. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 7 1 COUNCIL MEMBER JENSEN: Okay, thank you. 2 MAYOR SPECTOR: Thank you. All right, in order to 3 keep the process moving I’m going to call the next three 4 cards. David Weissman, Anne Robinson, and Chuck Coe. Mr. 5 Weissman. 6 DAVID WEISSMAN: Dave Weissman. I have a few 7 disjointed comments. 8 First of all, I appreciate the speed with which 9 these hearings are moving along. Hopefully the developers 10 will see the wisdom in trying to work with the Town and its 11 citizens, and not going to court. 12 Second of all, senior needs. I can’t believe that 13 we’re still looking at having the senior units on the third 14 floor. I don’t care if these units comply with building 15 16 codes. During an emergency how are seniors that use walkers 17 and wheelchairs going to get down three flights of stairs 18 when elevators are out during a fire or an earthquake? They 19 should be at ground level; it only makes common sense. 20 Another point, low income units should be along 21 with what is going on now in the discussions in San Jose 22 and Palo Alto, and this was discussed in a Mercury News 23 th article on September 19. They are building 600 to 900 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 8 1 square foot units, which will give them the same density 2 but will leave a lot more potential open space. 3 Another point, to count sidewalks and streets as 4 open space and come up with a 40% open space figure, as was 5 the case with Phase 1, defies logic. To me, open space is 6 where I see plants growing and kids playing, not concrete 7 and asphalt covered surfaces. 8 My last point, Mr. Rennie expressed concern about 9 wanting to have trees that are not as tall so that they 10 don’t block out the views. Very simply, we can use coast 11 live oaks. There are already a number of them growing on 12 the site and they are mature. When live oaks are mature 13 they don’t need water and they sort of self-limit their own 14 heights to 30-40’. One does not have to worry about live 15 16 oaks going to 60’. Maybe after 100 years that’s possible, 17 but certainly not initially for the first 50 years. 18 The oaks that are already on the site, if in fact 19 those areas where those oaks occur would be subject to fill 20 as was proposed in Phase 1, all those oaks would die. So 21 keeping the surface level where it is is one way to save 22 them, and we’ve already got a head start on them. Thank 23 you. 24 MAYOR SPECTOR: Thank you. Questions? Ms. Jensen. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 9 1 COUNCIL MEMBER JENSEN: Thank you, Dr. Weissman. 2 I know that you’re quite an advocate of preserving our 3 hillsides and the natural landscape there. How do you see 4 an open space where children can play as being consistent 5 with drought tolerant planting and oak trees? What would 6 you envision? 7 DAVID WEISSMAN: I think you can go to Oak Meadow 8 Park. 9 COUNCIL MEMBER JENSEN: There’s grass there. 10 DAVID WEISSMAN: You’ve got grass, but in the 11 summertime we can let the grass go, or we can water it 12 enough to sort of keep it right on the edge, it can be 13 brown; and there are grasses that also much more resistant 14 to drought than typically grasses that have been used in 15 16 the past; so I think those are all things that are 17 consistent. We can get areas of plants that reflect the 18 chaparral that we have here, which are drought resistant. 19 And we’re bringing up our kids from the beginning that 20 water is a limited resource, and I think we need to treat 21 it as such. 22 COUNCIL MEMBER JENSEN: Thank you. 23 MAYOR SPECTOR: Mr. Rennie. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 10 1 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 2 Dr. Weissman, the last time I walked the site with the 3 Applicant I noted that there were several quite beautiful 4 trees out there, and so we had a discussion about where the 5 fill was going to be. It was going to be everywhere, and 6 they seemed to say that there’s no way to not fill and get 7 the drainage right and so forth, and I think that’s a much 8 longer discussion, but instead I had a discussion about 9 transplanting trees. Could we move any of the trees? I 10 guess my question for you is what is your opinion on the 11 ability to move some of the oak trees? 12 DAVID WEISSMAN: Certainly the older and bigger 13 an oak tree is the more difficult it is to move it, and 14 we’ve seen that where developers have come in with projects 15 16 in the hillsides, have said we’re going to move these 17 trees, everybody goes yay developer, they move the tree, 18 and the tree dies. It’s a difficult issue. 19 You’ve had the advantage of being able to walk 20 the site. As the public, we can’t, because that whole site 21 has been fenced in. The trees that I can see are the trees 22 that are along the roadways. None of us can get in and 23 actually walk among the story poles. Hopefully when this 24 comes back next time and story poles go up we’ll have open 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 11 1 houses so that the public can get onto the site and 2 actually look at what’s being proposed, instead of trying 3 to look at it from Highway 17. 4 COUNCIL MEMBER RENNIE: Okay, thank you. 5 MAYOR SPECTOR: Other questions? Seeing none, 6 thank you. Anne Robinson, Chuck Coe, Roy Moses. 7 ANNE ROBINSON: Anne Robinson, Charter Oaks. 8 First, I’d like to thank you all for your time and your 9 service. 10 Two weeks ago I attended the church service for 11 th the 150 anniversary of the Los Gatos United Methodist 12 Church. Pastor Jenn placed a stone on the altar for each 13 historical event that had an impact and influenced the 14 direction of the church. At the end of the service six 15 16 stones were placed on the altar. Six stones in 150 years. 17 I feel the North 40 development is one of those 18 stones in the history of Los Gatos. The North 40 is one of 19 the the most significant, if not most significant, 20 development in the history of Los Gatos. I am grateful that 21 the Town Council is taking the time to get it right and not 22 bow to the pressures of the developer. 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 12 1 I don’t have the answers as to what is the best 2 development for our community on the North 40, but I do 3 have the following list of suggestions. 4 No housing in the cancer risk area along the 5 Highway 17 freeway, but office with fixed windows and high- 6 efficiency filtration HVAC in that area. 7 Spread the housing across the development. Allow 8 smaller housing that are more affordable. 9 Require underground parking, and no tandem 10 parking, to allow more open space. 11 Provide appropriate housing for seniors, and I do 12 agree with the previous speaker about having the senior 13 housing on the first floor. I see a lot of seniors in my 14 practice, and stairs, getting around in second stories and 15 16 things, if there is an emergency it would be difficult for 17 most of my patients. 18 Modify the site plan and elevations to soften the 19 linear, flat, square and cookie cutter appearance of the 20 previous proposal by Grosvenor. 21 In consideration for my suggestions, I would be 22 open to having an increase in height in the Northern 23 District, maybe 25% of that area in the Northern District 24 for a hotel or something of that sort. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 13 1 Thank you for your considerations and looking at 2 the amendments to the North 40 Specific Plan, and for 3 continuing to hear our community’s comments, suggestions, 4 and recommendations. Thank you. 5 MAYOR SPECTOR: Questions? Hold on. Mr. Rennie. 6 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 7 You’ve been an advocate all along of don’t put houses near 8 the highway. As we move into the Northern District you’re 9 suggesting move houses all around. Now, once you get into 10 the Northern District you’ve got highways on two sides, so 11 it seems to me that’s an even worse area to put housing. 12 Are you maybe suggesting we just barely put them over the 13 transition zone border? 14 ANNE ROBINSON: No, if you look at the 15 16 Environmental Impact Report and you look at the site plan 17 for the health hazards, the high cancer risk area is only 18 along the 17 freeway. If you look at the 85 boundary 19 there’s actually more open space between the North 40 and 20 the highway. If you look along 17, there are eight lanes of 21 traffic there. There is actually quite a bit more cars in 22 that little section along 17 than there is along the 85 23 boundary. There is actually a piece of land that is in 24 between the northern boundary and the 85 freeway. There’s 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 14 1 an off-ramp, but there’s more land between the major 2 freeway. 3 COUNCIL MEMBER RENNIE: Okay, thank you. 4 MAYOR SPECTOR: Other questions? Thank you. Chuck 5 Coe, Roy Moses, Jak Van Nada. 6 CHUCK COE: Chuck Coe, Garden Hill Drive. 7 I now understand that there is a state mandate to 8 build 600 homes, whether the Town wants them or not. I 9 certainly understand that the 320 would be a leap towards 10 that goal. 11 I’ve heard nothing about a mandate to build 12 business, and I don’t think we need business in the North 13 40. You have more than enough business now already and 14 there is no need for the North 40 to compete with the 15 16 Boulevard or downtown. You can hop across the street to 17 Panera Bread, Office Depot, Ace Hardware, and up and down 18 within walking distance you have medical up the kazoo, you 19 have restaurants, markets, pharmacies, auto sales, service, 20 and rental. There are a couple of nice toy stores, and 21 Peet’s Coffee & Tea. There is even a tavern for those 22 inclined. I see no evidence that the supply is falling 23 short of the demand. The only lines I see on Los Gatos 24 Boulevard are the cars, and maybe Panera Bread, and one 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 15 1 Panera is enough. I would suggest that if we eliminate the 2 business you would have the room to expand the housing, 3 reduce densities, reduce heights, and allow for more open 4 space, playgrounds, and pocket parks. 5 I know that there is a development just to the 6 west of the JCC. I have not been inside it, but from the 7 outside it looks very nice, it looks like a very nice place 8 to live. I don’t think there’s any business in there, and I 9 think that would be a good model for any residences that 10 are built within the North 40. 11 Before my family moved to Brooklyn we lived in 12 the Rockaway Beach area of New York City, and that was a 13 very nice place to live. When my father wanted to buy a 14 newspaper we would walk six or seven blocks to a business 15 16 area, and that was close enough, we didn’t need it any 17 closer, and the services that are on the Boulevard now are 18 within that distance. 19 I urge you to build to the mandate and let the 20 rest of it be. 21 MAYOR SPECTOR: Thank you. I see no questions. 22 Roy Moses, Jak Van Nada, Susan Buxton. 23 ROY MOSES: Roy Moses, La Croix Court since 1969. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 16 1 Mayor and Council Members, I, my family, friends, 2 and neighbors would really like to thank you sincerely for 3 your continued work in caring for the valid desires, 4 wishes, and needs of the citizenry. We are here to support 5 you in upholding our values as they are presented to you, 6 and especially in guiding the Town’s Staff and the Planning 7 Commission to accomplish the wishes of your consistent 8 constituency. You are the ones who are hearing our voices 9 and have been making your decisions based on what is best 10 for our community and the Town of Los Gatos. 11 Thank you for denying the first application for 12 the North 20, which was totally void of listening to the 13 Specific Plan for the North 40 and totally did not adhere 14 to the Mission Statement. Now we need to take the next step 15 16 in trying to clarify in writing what the Specific Plan and 17 the Mission Statement really say and mean to the citizens 18 of the Town of Los Gatos. We have initiated the process by 19 sending you our suggested Specific Plan revisions, which I 20 believe you have in your possession. I would like to 21 address one area, and a concerned business owner will 22 present another view. 23 It has been estimated that there is approximately 24 270,000 square feet of commercial space currently in the 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 17 1 downtown area, and that there is another 500,000 square 2 feet of proposed commercial space for the whole of the 3 North 40, which is a lot of space to fill with merchants. 4 My concern is that with that much space there will be a 5 saturation of similar businesses with not enough people to 6 support all of them in time, which will eventually turn 7 this area into a ghost town with small, vacant stores. 8 In my humble opinion, you need a heck of a lot of 9 people to support this kind of square footage, and where 10 are they going to come from? Look at your map. We are in 11 the perimeter outskirts of the Silicon Valley on a road 12 leading into the Santa Cruz Mountains and headed to the 13 beach. I do not believe that 500,000 square feet will 14 survive in this area. Then what will happen? The landlords 15 16 will demand that the big box companies and the dime-a-dozen 17 hamburger joints fill all the spaces, and there goes the 18 character, look, and feel of Los Gatos. 19 My suggestion is to reduce the commercial space 20 in the North 40 to less than 250,000 square feet and 21 consider adding other types of housing laid out in the 22 Specific Plan, especially more senior housing. We could 23 really use a Los Gatos Community Center, and this would be 24 a perfect spot for that venue. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 18 1 Two more notes. I encourage all the citizens of 2 Los Gatos to regularly start coming to some of the Town 3 Council and Planning Commission meetings and participate in 4 the agendas and help protect our town with your thoughts 5 and concerns when projects are being planned and 6 introduced. 7 I also encourage many of your who share education 8 as a passion to attend some of the School Board meetings 9 for your school district to track what is developing in our 10 area, and to definitely encourage our administrators and 11 others to strongly negotiate with the developers a sound 12 financial base going forward that anticipates growth along 13 with quality of education. 14 MAYOR SPECTOR: Thank you. Mr. Rennie. 15 16 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 17 Mr. Moses, of the 460,000 square feet of commercial that 18 are allowed, currently 250,000 can be office, which 19 wouldn’t compete with the downtown. Would you think that 20 maybe we should increase the amount of office that is 21 allowed out there then instead? 22 ROY MOSES: Increase the amount of office? 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 19 1 COUNCIL MEMBER RENNIE: Yeah. Right now there’s 2 250,000 square feet of office allowed. If you’re afraid of 3 downtown, we could add more office space instead. 4 ROY MOSES: Not at all. It just increases traffic 5 in the area. You’re bringing more people in with respect to 6 commercial buildings, medical buildings, whatever, and you 7 have them there already. 8 I was a retailor at one time and I know what it 9 takes. When I first opened my clothing store I was going to 10 come to Los Gatos, California, and I decided against it. I 11 lived here and I could drive ten minutes to work. I went 12 into the heart of Silicon Valley, because in order to 13 survive and make a profit—small businesses work on very 14 small profits—unless you do volume, you couldn’t survive. 15 16 There are not enough people around here to allow 17 that much square footage with all these small shops and 18 have everybody survive, including the downtown. You’re 19 going to decimate the downtown and you’re going to decimate 20 that area. They’ll eventually go out of business. How often 21 do you see vacant signs go into the businesses around town? 22 I cringe every time somebody goes into retail, 23 because I was in retail, because they’re putting all their 24 savings and money into those retail spots. They cannot make 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 20 1 it. You have to do volume in order to make a profit to stay 2 in business. 3 MAYOR SPECTOR: Thank you. Jak Van Nada, Susan 4 Buxton, Sandy Decker. 5 JAK VAN NADA: Good evening, Council, Madam 6 Mayor. 7 I am addressing the possible costs to the two Los 8 Gatos school districts, should kids from the outer district 9 portion in the northern half petition, and succeed, to 10 attend Los Gatos schools. Both Superintendent Abbati and 11 former school principal and administrator Jim Russell felt 12 strongly that petitions would succeed, partially due to the 13 distinct neighborhood that the two freeways and the two 14 arterials create. I am concerned that the cost to the 15 16 school districts will go unnoticed. 17 We don’t know how many kids will attend from 18 either one year or up to the full 13, therefore for the 19 sake of time, lack of data, and simplicity, these numbers 20 reflect a pessimistic scenario, though not a worst case. I 21 am basing this on all children attending for the full 13 22 years in the Los Gatos School District. The cost to the Los 23 Gatos Union School District for one child attending the Los 24 Gatos schools from the out of district schools for 13 years 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 21 1 will be $82,731. The cost for 108 students will run the 2 school district $9,968,682. That cost goes to the Los Gatos 3 Union School District. The average annual cost to the 4 district would be $763,668. 5 This is a thumbnail sketch and not perfect, and 6 again, it is a pessimistic scenario, but it is something to 7 consider. My recommendation, should you decide to put 8 housing in the northern half, would be to make the units 9 much smaller, 1,000 square feet or less, and thus less 10 appealing to families with school-age children who may be 11 better served in the southern half. Thank you. 12 MAYOR SPECTOR: Questions? Seeing none, thank 13 you. Susan Buxton, Sandy Decker, Stanford Stickney. 14 SUSAN BUXTON: Good evening, my name is Susan 15 16 Buxton and I have lived in Los Gatos for over 40 years. 17 I would like to speak to the need for a variety 18 of affordably priced housing to be included in the Specific 19 Plan. I feel, as many others, that the 13.5 acres zoned for 20 20 units per acre should be spread throughout the North 40 21 and include a variety of housing types. Included in this 22 housing should be truly affordable housing units. 23 In order to achieve this residential, developers 24 should be required to follow Town Code and our existing 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 22 1 Below Market Price Program. The BMP guidelines state their 2 main goal is to increase the housing supply and meet the 3 housing needs identified by the Town’s General Plan Housing 4 Element. It provides a blueprint for developers as to the 5 number of units required, their size, location, look, and 6 facilities provided, such as parking. It also states that 7 the general intent is to provide affordable housing for 8 those with Low or Median household incomes who work and 9 live in Los Gatos. 10 The General Plan also states that a minimum of 11 20% of the units on the North 40 shall be affordable to 12 households at the Moderate-income level, or below. At this 13 time, when many affordable houses in Los Gatos are being 14 replaced with houses worth multi-millions of dollars, how 15 16 can we justify not requiring individual below market 17 affordable units to be included throughout the North 40? 18 This program would allow for housing costs to meet the 19 needs of many income levels, as stated in the 2015-2023 20 Housing Element. 21 I recommend that the Specific Plan be revised to 22 clearly restate how affordably priced housing should be 23 addressed, and therefore perhaps Section 2.7.3, Item C on 24 page 2-26 could be amended to read, “Affordable housing 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 23 1 shall be met pursuant to the Town Code and the Below Market 2 Price Program guidelines. These shall be used to help meet 3 the housing needs for Very Low-, Low-, and Moderate-income 4 housing as identified in the Town’s 2015-2023 Housing 5 Element of the General Plan. 6 Thank you for having this meeting tonight and for 7 your consideration of our opinions. 8 MAYOR SPECTOR: Questions? Seeing none, thank 9 you. Sandy Decker, Stanford Stickney, Markene Smith. 10 SANDY DECKER: Good evening, Council. Sandy 11 Decker, 45 Glen Ridge. 12 As the smoke billowed closer to the rim of our 13 treasured hillside I was reminded, as you were, of the 14 precariousness of our invaluable viewscape. Today, the 15 16 North 40 has the advantage of a 360° view of the valley 17 hillsides, the golden hills to the east and the lush green 18 to the west. 19 To further protect the views from this site we 20 would like to see more of the housing reduced in height to 21 25’ and spread across the North 40. No more viewing 22 platforms. Not only will this protect the views, but it 23 will reduce the density and intensity and create more open 24 space. This will create that seamless transition called out 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 24 1 in the Specific Plan from the current fabric of Los Gatos 2 to this new residential and commercial neighborhood. 3 One of the unquestionable purviews of the public 4 for this project is Architectural Site Design Review. 5 However, with the Grosvenor proposal, which was recently 6 denied, we found ourselves with a finished formulaic design 7 foisted upon us with minimal opportunity to speak on the 8 appropriateness of the design for Los Gatos. We would like 9 to make sure that this public review is assured for the 10 future. 11 To reiterate, please protect our hillside views, 12 Specific Plan page 1-1; reduce the height of more of the 13 housing to 25’ and spread it across the entire 40 acres of 14 the site, Specific Plan, Table 2-1; with the height 15 16 reduction we can also reduce the feeling of density and 17 intensity, Specific Plan 2.5.1. In addition, make the 18 Architectural and Site truly the purview of the Los Gatos 19 community through the Planning Commission’s public hearing 20 process. 21 I want to thank you again for giving the 22 community this opportunity to be heard in the development 23 of this huge project, which of course will impact all of us 24 forever. Thank you very much. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 25 1 MAYOR SPECTOR: Thank you. Seeing no questions. 2 Stanford Stickney, Markene Smith, Lainey Richardson. 3 STANFORD STICKNEY: Hi, my name is Stanford 4 Stickney; I’ve had the privilege of living in Los Gatos my 5 entire life. I think having the development is wonderful, 6 but I guess the question on the table is at what juncture 7 does development hurt or inhibit the quality of life of our 8 constituents? 9 Just in the summertime going to Safeway from my 10 home can take 45 minutes, and sometimes if I want to go to 11 Los Gatos Boulevard during rush hour, that can take 45 12 minutes. Assuming that the qualitative estimates for the 13 traffic study are accurate and it would be anywhere between 14 400 and 1,000 more vehicles, I think it would only hurt 15 16 everyone within the Town, not only on Los Gatos Boulevard 17 but Main Street and Santa Cruz Avenue. At what point do we 18 question the quality of life if we have continued 19 development? 20 It was my understanding that one of the benefits 21 of moving the police station to Los Gatos Boulevard was 22 there was more ready access for emergencies for our peace 23 officers. Wouldn’t we be in essence kind of creating that 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 26 1 same traffic jam that’s already present by adding such an 2 extensive amount of vehicles? 3 The next question would ask what happens when 4 it’s so unbearable for Town constituents to go to Safeway, 5 for example, that we want to go to Saratoga? Is it 6 conceivable that then the downtown would start to suffer, 7 let alone everyone in the community just sitting in 8 traffic? 9 My proposal would be to make that into a wildlife 10 conservatorship in which we are taking one of the last 11 parcels of land within the Bay Area, which is what 12 originally the Bay Area was founded on, and we could 13 preserve that for future generations, for our children and 14 our grandchildren. My fear and worry is if we do the 15 16 development, whether it’s a hotel or affordable housing 17 units or commercial space, we’re going to be increasing 18 exponentially the vehicle traffic within our community. 19 And that is only our initial estimate. What 20 happens five, ten, fifteen years down the line? Development 21 will only continue. Where is the balance between pro- 22 development and ensuring that our citizens have a quality 23 of life that is amicable to our mothers, our daughters, our 24 children being able to navigate? 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 27 1 Those are my thoughts on the matter. Thank you 2 for your time and consideration. 3 MAYOR SPECTOR: Thank you. Markene Smith, Lainey 4 Richardson, Ed Rathmann. 5 MARKENE SMITH: Hi, I’m Markene Smith; I live on 6 Drake’s Bay Avenue. In your packet I had given four 7 suggestions for changing the zoning of the Specific Plan. 8 The first one is to create a scenic corridor 9 overlay zone, and this would be to enhance the scenic 10 quality of Los Gatos Gateway and provide air filtration, 11 buffer noise levels, and preserve wildlife habitat. My 12 proposal is that developers should plant a 300’ large—that 13 means tall—tree corridor along the North 40 property line 14 next to Highway 17 and the Lark Avenue over-ramp, and it 15 16 would be all along 17. No buildings would be constructed 17 there, and we’d use native trees. 18 This is the look and feel of Los Gatos downtown, 19 and you see here is Highway 17. What I did is I took Google 20 Earth, and this is a fun thing to do if you have free spare 21 time or whatever, but here’s Google Earth looking down on 22 Los Gatos. Then if you just drive along 17 on Google Earth, 23 here’s Creekside Village. This is Highway 9, Creekside 24 Village here, and you see all the trees. There are just 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 28 1 trees all over the place in Los Gatos. Many speakers at 2 previous meetings on this subject talked about the trees, 3 and they are tonight too. Here’s where we’re getting up 4 towards the field for Fisher Middle School. This is Blossom 5 Hill Road going across. Trees on both sides of Highway 17, 6 tons of trees. It looks like about 300’ of trees, both 7 sides, not just the side that is Vasona Park. 8 Then we come to the North 40. It’s barren and 9 looks like someone has cut down all the trees and made 10 farmland, obviously. So that’s one point. 11 I think we need trees. Here’s 85, and this is 12 what a previous speaker was saying, that the cars aren’t 13 idling at this point, so for a hotel to go there, or an 14 office building with hermetically sealed windows, fine. 15 16 Over here, this is where the EIR said was the highest 17 cancer risk. 18 I was just going to say no black lung loss is the 19 deal. In other words no buildings and no residences right 20 along the corridor, and I wanted to know just the existing 21 uses of the property. Notice that all of the Yuki property 22 on both sides of the freeway, the residences, are far from 23 the freeway. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 29 1 MAYOR SPECTOR: Thank you. Questions? Thank you, 2 ma’am, seeing no questions. Lainey Richardson, Ed Rathmann, 3 Angelia Dormer. 4 LAINEY RICHARDSON: Lainey Richardson. Thank you 5 so much for allowing us to give our opinions tonight. Mine 6 is short and sweet. 7 I would like to see more of a green building 8 situation where we could use gray water systems potentially 9 to water the open space and the green lawns, if there are 10 any. 11 The other thing that I’d like to see is to really 12 try to plan ahead for traffic on Los Gatos Boulevard, which 13 could mean taking potentially 50’ or more of the land and 14 not develop it, but leave it available for possibly a bus 15 16 lane down the line, or maybe even another an on-ramp onto 17 17, which may have to go behind the gas station, but if 18 that property hasn’t been developed, you could potentially 19 do that so the people living in the area wouldn’t even have 20 to go out onto Los Gatos Boulevard if they needed to get on 21 Highway 17. That’s it. 22 MAYOR SPECTOR: Thank you. Ed Rathmann, Angelia 23 Doerner, Tom Spilsbury. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 30 1 ED RATHMANN: Mayor, Council Members, my name is 2 Ed Rathmann. 3 I’m in favor of amending the Specific Plan. I’m 4 concerned about the massive size of the retail allowed at 5 the North 40 under the current plan. The 400,000-plus 6 square feet is almost the size of Santana Row. At its 7 current size, and the fact that there are very few 8 restrictions on it, I believe it would seriously hurt our 9 downtown economy and any other retail in Los Gatos on Los 10 Gatos Boulevard. Its current potential size of over 400,000 11 square feet is way too big and needs to be reduced 12 substantially. 13 In addition, there needs to be restrictions on 14 the amount of small retail and the number of restaurants. 15 16 Many new developments now, like the new Main Street center 17 in Cupertino are full of restaurants with very little 18 retail. That would certainly harm the downtown’s vitality. 19 Also, the Market Hall concept should not be 20 allowed in the North 40. It is a great and popular concept, 21 but it belongs downtown. It would be full of small retail 22 and restaurants and would be a regional draw. 23 Those of you that were on the Advisory Committee, 24 I’m sure you remember that the retail at the North 40 was 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 31 1 supposed to serve the neighborhood and not draw people from 2 all over the valley. A Market Hall would be a regional 3 draw. 4 Finally, CUPs should be required at the North 40 5 in the same way they are required downtown. Why would the 6 Town want to give up that kind of control? It is unfair to 7 the downtown to require them there but not at the North 40. 8 Let’s get away from the idea that every 9 development needs to have small retail and restaurants in 10 it. The North 40 is appropriate for other uses like mid- 11 size stores, a hotel, and even some upscale offices. The 12 retail of the North 40 can be a nice addition to Los Gatos 13 without destroying our downtown. Thank you. 14 MAYOR SPECTOR: Questions? Ms. Jensen. 15 16 COUNCIL MEMBER JENSEN: At least one, maybe two. 17 Thank you, Mr. Rathmann. A Market Hall would clearly have 18 to be developed by a private developer. I’m curious where 19 you think that would fit downtown with parking issues, 20 traffic issues, and noise issues. 21 ED RATHMANN: You know, you can combine certain 22 spaces downtown that one property owner owns. I can think 23 of certain businesses down the road that might not be there 24 that it would be appropriate. I don’t want to speculate or 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 32 1 name businesses, but there are certain I can think of. It 2 could be not just downtown but across Santa Cruz, Highway 3 9, that area that’s got some… Like where the bocce ball 4 place is; there are a lot of big spaces there. Anywhere but 5 the North 40. Somewhere closer to the downtown. 6 COUNCIL MEMBER JENSEN: Give the Town’s current 7 very strong discouragement, if not prohibition, of 8 converting retail to restaurant, combining properties… If 9 you had a, for example, a Market Hall that had food service 10 in it, you’d be converting retail to restaurant. How would 11 you think that that would be possible given the current 12 regulation on downtown? 13 ED RATHMANN: Well, I’m not sure, but that’s why 14 we have CUPs, so these things can be discussed and its 15 16 relative merits for the downtown debated. I’m not sure. 17 COUNCIL MEMBER JENSEN: Thank you. 18 MAYOR SPECTOR: Mr. Rennie. 19 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 20 Mr. Rathmann, about the Market Hall. The developer was 21 saying their vision, initially anyway, and I say things 22 could change, was something more of produce and fish and 23 meat and things that aren’t sold downtown, and of course 24 you’ve made the comment that later on it could change to 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 33 1 shoe stores and handbag stores and things like that. Why 2 not allow Market Hall, but restrict it to food only 3 products, for example? Then it’s really competing with 4 Trader Joe’s and Whole Foods rather than anything downtown? 5 ED RATHMANN: Well, I don’t want to argue against 6 Whole Foods or Lunardi’s, but I’m positive that’s not what 7 they’re talking about. As I’ve said in my emails to you 8 before, if you’ve been to the Ferry Building in the City, 9 or Oxbow Market or The Shed in Napa, they’re full of 10 restaurants and they’re full of small retail, and I’m 11 positive that’s what they’re thinking about. They’re not 12 going to be able to charge rents or make any money having a 13 produce stand in the place; it doesn’t make any sense. 14 COUNCIL MEMBER RENNIE: Thank you. 15 16 MAYOR SPECTOR: I see no other questions. Thank 17 you. Angelia Doerner, Tom Spilsbury, Edward Morimoto. 18 ANGELIA DOERNER: Hello, I’m Angelia Doerner, 19 proud resident of the Almond Grove. I have a few comments 20 and ideas, not specifically about which amendments to do in 21 the Specific Plan, although I do believe that it does need 22 to be amended, but these are ideas that are somewhat 23 tangential and complementary to that process. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 34 1 During your public hearing and your deliberations 2 on the North 40, the Planning Commission was doing the same 3 on 401/409 Alberto Way. They did a fabulous job. Their 4 overall deliberations were thorough, comprehensive, 5 challenging, insightful, and caring. I found myself 6 vacillating between pride and thankfulness on the Alberto 7 Way process, and frustration and anxiety on the North 40 8 process. 9 Forget frustration, I was mad. My anger was 10 targeted at the Streamlining Act and the fact that it 11 applies to all development projects regardless of size or 12 complexity. The same timeline for vetting, and the decision 13 process, applied to Alberto Way as it did for the North 40, 14 and the North 40 included all of the ambiguities and 15 16 complexity of density bonus laws and balancing affordable 17 and other housing needs versus a developer’s ambitions, 18 along with the more routine planning and development 19 considerations. I was reminded about a tag line someone 20 overused about 20 years ago in the advertising world: 21 “Think outside the box. Color outside the lines,” and don’t 22 forget Taco Bell with “Think outside the bun.” 23 That’s what we need to do. The Streamlining Act 24 time clock starts ticking once an application is deemed 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 35 1 complete, so I ask you to consider how can we revamp our 2 application review process to get more done before it is 3 deemed complete? I know there are some dos and don’ts 4 defined by law, but we need to sit down and define the can 5 dos, and not always focus on the can’t dos. These might 6 include an updated list of documents and specificity; 7 updated instructions to consultants like the architect, 8 especially to be customized by size of project and type of 9 project; demand more detail and in-depth documentation with 10 narratives to go along with all of the Picturegrams that 11 are provided, including areas like grading, circulation, 12 and maintenance costs, things that are going to be 13 affecting the costs of these houses, HOA costs, as well as 14 what may end up being costs to the Town. 15 16 I know a lot of demands are on our Staff and time 17 is tight, but time is tighter for us to find a way to 18 change the way we have done things in the past, to adapt to 19 these timeframes and complexities before the next project 20 is submitted. 21 I actually suggest possibly working 22 collaboratively with the Staff, one Town Council member, 23 one Planning Commission member, and three dedicated 24 citizens who can walk through the planning application 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 36 1 review process and decide collectively what kinds of things 2 could be done, and who would be willing to do the research 3 and the work to get it done, before the next application 4 comes into place. Please, think outside the story poles. 5 MAYOR SPECTOR: Thank you. Questions? None. Tom 6 Spilsbury, Edward Morimoto, Lee Quintana. 7 TOM SPILSBURY: Good evening, Madam Mayor, 8 Council, and Staff. You always get left out, so good 9 evening, Staff. 10 I live at 120 College. I’ve been in town since 11 1962. When I moved here in 1962 I moved onto Carlton 12 Avenue, right next to Ace Hardware, which was the Fry’s 13 Market, and my paper route when I was ten was actually all 14 the Yuki property on both sides of freeway, Oka, so I’ve 15 16 been around this area a little bit. 17 I think Mr. Moses upstaged me, because I thought 18 I had the great line of the North 20, but he beat me to it. 19 When the Yukis pulled the second half of the property off 20 the market, out of the equation, that changed the Specific 21 Plan, in my mind. So it’s really the North 20 now, it’s not 22 the North 40, and that has changed the whole ball game and 23 the whole rule, the whole specs, everything really, in my 24 opinion. The project changed dramatically. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 37 1 We’re not sure what the Yukis will ever do. The 2 Yukis probably need to be involved in any kind of 3 conversation going forward, whether they want to or not, 4 because they’re really so integral to a phasing of a 5 project. 6 The property on Lark and Los Gatos Boulevard is 7 screaming to be retail. It’s really screaming not houses, 8 retail. You’ve got the traffic issues with housing and the 9 cancer. Retail. That’s what the East Los Gatos residents 10 need out there; retail services, and probably 120,000 to 11 150,000 square feet would be plenty, but that ten acres 12 should look something like where Trader Joe’s is now, a 13 couple of larger buildings with two-story back and forth 14 that offers services that East Los Gatos is screaming for. 15 16 We always have been out there on that end. I’m not out 17 there now, because I live in downtown. We scream for other 18 things downtown. 19 With that being said, when you start with a 20 development you always start with the roads, and the roads 21 have to be put in throughout that project, and East Los 22 Gatos Boulevard has to be developed, or that traffic is 23 going to always be a nightmare. That’s an issue, it’s a 24 problem, but it needs to be addressed. Development 101 is 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 38 1 roads first. If you go out to any development when they’re 2 building, that’s what they do, they build the roads first. 3 I’m going to run out of time. Rentals. We need 4 rentals. Marcia, you talked about your son not being able 5 to live here. There are no apartments. We haven’t built 6 apartments in this town for 30 years. We need apartments. 7 Those are smaller units, affordable units. My mom moved 8 here, because she could afford an apartment, not a house. 9 Thank you. 10 MAYOR SPECTOR: I have a question, and it looks 11 like we have another one over there. When you were talking 12 about I think you said 120,000 to 150,000 square feet, that 13 was what? 14 TOM SPILSBURY: Retail. 15 16 MAYOR SPECTOR: Retail for? How did you choose 17 that square footage? 18 TOM SPILSBURY: On ten acres about 25-30% is all 19 you’re going to do, so you can park it, right? I mean you 20 have to be able to park the retail or nobody comes to the 21 retail. That’s where that all falls out. Ten acres is 22 435,600-and-some square feet, and about a quarter to a 23 third of that is the 120,000 to 150,000. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 39 1 MAYOR SPECTOR: Did you have in your mind what 2 this retail would serve? Is there a certain area of town, 3 or the North 40 or whatever, that it would serve? 4 TOM SPILSBURY: I think it serves East Los Gatos, 5 everybody from National, down Carlton. Nob Hill is kind of 6 underserved; it’s not a great market. Trader Joe’s is 7 looking for larger space. Whole Foods is looking for larger 8 space. Who knows what that means? Will they move or won’t 9 they? I don't know, but those are definitely possibilities. 10 Sprouts is in the marketplace now. There are other food 11 vendors, markets that would help service that neighborhood 12 where people don’t have to drive all over to get everything 13 they need. 14 MAYOR SPECTOR: Thank you. Mr. Leonardis. 15 16 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 17 Spector. Mr. Spilsbury, you mentioned the shopping center 18 where Trader Joe’s is now. Do you know the total amount of 19 square footage of a center that size, or say, the Lunardi’s 20 shopping center, just to give us an idea? 21 TOM SPILSBURY: You know, I don’t. I should. It’s 22 my bad, but I should. I can get that information and mail 23 it to you guys; that would be fine. I would say the Trader 24 Joe’s is probably about 50,000 square feet with the two- 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 40 1 story layout they have there, maybe a little more, but 2 probably not much more than 60,000. I’m not sure about the 3 other center. 4 MAYOR SPECTOR: Mr. Leonardis. 5 COUNCIL MEMBER LEONARDIS: Thank you, Mayor. You 6 mentioned making Los Gatos Boulevard wider. Are you 7 referring to the northbound, north and southbound? Are you 8 referring to the area between Lark and Samaritan Drive 9 primarily? 10 TOM SPILSBURY: Between Lark and Samaritan there 11 are eight properties that stick out 60’ into the right-of- 12 way that really some of them have already been widened and 13 some of them not; it looks like a domino effect, and 14 without that widening it’s really to constrict any kind of… 15 16 If you put 400 houses there that aren’t spread 17 out, that’s 1,000 cars, and that is just going to 18 immediately constrict when it goes to two lanes when it 19 should be three, because we don’t have those lanes, because 20 we can’t get a lane through where the people still own the 21 property that really probably should be condemned for 22 public use. That’s another problem. 23 None of this stuff is simple; it’s all very 24 complicated. You guys have got a tough job, because it is 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 41 1 complicated, but it probably has to be done one way or the 2 other. 3 MAYOR SPECTOR: Other questions? Mr. Rennie. 4 COUNCIL MEMBER RENNIE: Thank you, Mayor. Mr. 5 Spilsbury, I want to make sure I understand your vision. 6 You talked about ten acres of retail. You’re talking about 7 just at Lark, or are you talking about a strip that wraps 8 around and goes up Los Gatos Boulevard? 9 TOM SPILSBURY: Well, it would have to back up. 10 The ten acres at Lark to Los Gatos Boulevard would be ideal 11 for that. You don’t want to put the retail having everybody 12 drive all the way down to the middle of the block. Nobody 13 puts retail in the middle of a center. You have it on the 14 outside so that kind of traffic can get in and out, and out 15 16 of the neighborhood quickly, in my opinion. 17 COUNCIL MEMBER RENNIE: In the past, I think 18 you’ve told us you were considering Los Gatos Boulevard all 19 the way up, but this ten acres does not include going all 20 the way up to where (inaudible) is? 21 TOM SPILSBURY: No, I would think up on Los Gatos 22 Boulevard, and I know this has been a contested theory, but 23 we’re an aging population. We really need medical up and 24 down, and we’re sitting next to one of the best hospitals 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 42 1 in Northern California for cancer, heart, brain surgery, 2 and doctors are falling out of the way to try to get here 3 to work with this aging population we have, and there is no 4 place for them. That’s where you put them, next to a 5 hospital, usually. 6 That was my opinion. I know we’ve talked about 7 traffic issues because of that, but I would think that 8 would make a lot of sense to me. 9 COUNCIL MEMBER RENNIE: Okay, thank you. 10 MAYOR SPECTOR: I see no other questions. Thank 11 you. 12 TOM SPILSBURY: Thank you for your time. 13 MAYOR SPECTOR: Edward Morimoto, Lee Quintana, 14 Susan Kankel. 15 16 EDWARD MORIMOTO: Good evening. My name is Ed 17 Morimoto; I live at 460 Monterey Avenue, and I’ll 18 apologize. I actually originally hadn’t planned on 19 speaking, so I may tend to ramble or not be as articulate 20 as I’d like to be, but I figured since my family, the 21 Yukis, constitute 32 of the 44 acres on the North 40 and 22 this hearing was about essentially starting proceedings to 23 change the zoning on our home, it would be irresponsible 24 for me not to get up and at least say something. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 43 1 It struck me that the first time that I ever got 2 up at this lectern was probably at a Specific Plan Advisory 3 Committee meeting four-and-a-half years ago, and I think I 4 got up to the mike to express my concerns at how long that 5 process had taken. We were in maybe the third year, and at 6 that point I did not realize there were probably another 7 three years to go. 8 While I stand behind what I said that evening, at 9 the time I think I didn’t understand how complicated this 10 North 40 Specific Plan was going to be, the trade-offs that 11 were going to have to be made, the compromises, balancing 12 owner’s property rights versus the needs of the Town, 13 balancing school issues, taxation issues, economic 14 viability of the downtown, economic viability of the 15 16 development. It’s an immensely complicated topic, and I 17 think the amount of work and effort and study that went 18 into the Specific Plan is a testament to that complexity. 19 Now, I can’t believe I’m saying this, because I 20 am probably the last person that would like to see this 21 kind of reopened and to cast my family further into limbo, 22 but if it is going to be reopened I implore you to use at 23 least that level of care and study that you did to come up 24 with the Specific Plan before you change it. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 44 1 To add more restrictions, reduce its development 2 capacity, to start putting size restrictions on housing 3 units, that all may be the right thing to do, but to do so 4 without adequate objective study would be, in my mind, 5 irresponsible. To reduce its economic value without 6 objective study showing that necessity would, in my mind, 7 be tantamount to a take. 8 So I ask you, if you must reopen the Specific 9 Plan, please do so with an appropriate level of study and 10 deliberation, and not do it purely just on one hearing with 11 a number of citizens such as myself just expressing 12 opinions. Thank you very much. 13 MAYOR SPECTOR: Thank you. I don’t see any 14 questions. Lee Quintana, Susan Kankel, Patti Elliot. 15 16 LEE QUINTANA: Lee Quintana, 5 Palm Avenue. 17 Again, I did not plan to speak, so I may ramble as well, 18 and it may be disjointed, as Dr. Weissman said of his 19 presentation. 20 I’d just like to start with eight years going 21 into the development of the Specific Plan itself. I believe 22 that generally the basic concepts behind the Specific Plan 23 are still valid, that of having lower intensity uses at the 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 45 1 southern end and gradually increasing the intensity to the 2 northern end. 3 I think one of the problems is that the Specific 4 Plan did not adequately address the difference between 5 intensity and density and the different factors that play 6 into intensity in residential development versus commercial 7 development. 8 Also, the Specific Plan clearly planned for lower 9 intensity in the Lark Avenue area, because they required 10 larger setbacks along Lark Avenue and along Los Gatos 11 Boulevard in the area of the Lark District, as well as 12 height limitations in that area. 13 Okay, now I’m going to ramble. I’m going to 14 support David Weissman’s comment about coast live oaks. I 15 16 talked with John Bourgeois, a prior planning commissioner 17 who is also a biologist, about tree choices for the area, 18 and he confirmed that there are very few native trees that 19 would do well in a valley setting like the North 40. His 20 recommendation was coastal live oak trees along the 21 freeway. That also gives a less formal appearance than a 22 hedge type plan. 23 I have several recommendations if you’re going to 24 consider reopening this. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 46 1 One is that you increase the requirement for 2 public open space, and that public access easements be 3 required for all open space either required or proposed by 4 a developer. I’d like to add that I do not believe that the 5 calculation for open space includes streets. That is 6 outside the 40% or the 20% or 30%, whatever. 7 If you are going to increase units, I would 8 suggest that they be in the Northern District, be limited 9 in number, and specifically be located in the general area 10 of the edge zone between the Transition and other district. 11 I would suggest that you remove hotel use as a 12 use of the Transition District, and of course I can’t get 13 to my others. 14 MAYOR SPECTOR: Thank you. Maybe we have 15 16 questions. We do. Ms. Jensen. 17 COUNCIL MEMBER JENSEN: I am a tree hugger and 18 love coastal live oak and I love our hillsides, however, 19 one of the main tenets of the Specific Plan was to make 20 sure that we reflected the agricultural heritage of that 21 property, which is not hillside or coast live oak, so how 22 do you reconcile your recommendation of coastal live oak to 23 the agricultural heritage of the property? 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 47 1 LEE QUINTANA: I would not necessarily say that 2 that specifically reflects the agricultural heritage of the 3 property, but there are existing coastal live oak on the 4 property, so it’s not a tree that is foreign to that area. 5 And again, expanding on that point of the 6 agricultural heritage, one of my suggestions is that we 7 consider having a little bit more detail in the direction 8 of how we implement that requirement to reflect the 9 agricultural heritage as well as how we implement the 10 historical structure preservation heritage and give some 11 direction as to where that should occur generally, and 12 generally how it should be integrated into the entire unit. 13 One of my comments was going to be that if you do 14 include increased residential in the Northern District that 15 16 you might consider allowing standalone row houses, small 17 unit row houses or townhouses, and cottage clusters, but 18 that you establish a general location where they would go 19 that would be consistent with the agricultural and open 20 space preservation. The second thought was that they also 21 take into consideration the impacts of surrounding non- 22 commercial development on those residential units if they 23 are included, and to keep the opportunity for residences 24 above retail. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 48 1 COUNCIL MEMBER JENSEN: Thank you, you answered 2 my question. 3 MAYOR SPECTOR: All right, Mr. Rennie. 4 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 5 Ms. Quintana, you’ve been around planning and the Town for 6 a while. I’d like to tap your institutional knowledge. 7 My recollection is the North 40 wasn’t part of 8 Los Gatos before Highway 85 was built. I think they annexed 9 it into the Town when 85 was going to go through. Can you 10 remind me why we did that, and what was our vision back 11 then to begin with? 12 LEE QUINTANA: I don't know the whole history. I 13 have gone back and looked at some of it. My understanding 14 is that prior to the planning for the 85 freeway the area 15 16 of the North 40 was in the county, and the Town proposed a 17 study to see how commercial uses could be intensified in 18 that area to take advantage of the 85 freeway. I think that 19 was the beginning of the planning for the North 40. 20 Subsequently it was expanded to also include looking at 21 where there were possibilities for intensification of 22 residential uses. 23 When those studies and the amendments to the 24 General Plan revising the Highway 85 element—which was then 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 49 1 called Highway 85 Vasona, because the Vasona rail was then 2 being considered in the planning—were completed, that was 3 done in the last 1990s, just a short while prior to the 4 initiation of studying a specific plan for the North 40, 5 the original draft. 6 COUNCIL MEMBER RENNIE: Thank you. I think it’s 7 useful to understand original intentions in history. 8 MAYOR SPECTOR: Ms. Vice Mayor. 9 VICE MAYOR SAYOC: Thank you. Ms. Quintana, I 10 know that you’re well aware of environmental analysis, 11 given your background, so is it your opinion that the 12 changes that you’ve proposed will require no additional 13 environmental analysis? 14 LEE QUINTANA: I believe if the increased 15 16 residential in the Northern District is compensated by 17 reduced commercial in the Northern District, there would be 18 no need, because basically that would probably lower the 19 traffic impact. 20 But I also think that we should look at a 21 realistic number for lowering the commercial or even the 22 residential square footage based on all of the standards 23 that are required. I don’t think the existing numbers are 24 actually realistic; they’re too high. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 50 1 MAYOR SPECTOR: Mr. Leonardis. 2 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 3 Spector. Ms. Quintana, Mr. Spilsbury spoke earlier about 4 putting the commercial on the southern part. He seemed to 5 think that the access was better and that the location was 6 better for the commercial. How do you feel about that? 7 LEE QUINTANA: You’re talking about the southern 8 part being the Lark District? 9 COUNCIL MEMBER LEONARDIS: Yes. 10 LEE QUINTANA: The frontage along Los Gatos 11 Boulevard is already almost 75-80% or more occupied by 12 commercial uses or office structures, so there is not 13 really much opportunity for that in that area. Further down 14 in the Transition District and the Northern District, yes, 15 16 there is opportunity for that, and at least as far as Phase 17 1 went, did take advantage of commercial along Los Gatos 18 Boulevard. 19 MAYOR SPECTOR: Mr. Leonardis. 20 COUNCIL MEMBER LEONARDIS: Thank you, Mayor. One 21 more question. We have had some speakers speak about the, 22 for lack of a better word, unhealthiness of having the 23 housing in that Southern or Lark District, especially up 24 against the freeway. How do you feel about that? 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 51 1 LEE QUINTANA: To be honest, I’m not sure how I 2 feel about that. I do think that there are mitigations that 3 were included that reduced that down to what is considered 4 insignificant levels, and that with current laws coming 5 into play and probably in the future, the air quality 6 impacts will hopefully go down even further. But the 7 reality is that we have built housing along the freeway in 8 numerous locations within Los Gatos and have not been 9 concerned about that. 10 MAYOR SPECTOR: Other questions? Thank you. Susan 11 Kankel, Patti Elliot, Sam Weidman. 12 SUSAN KANKEL: Good evening, Susan Kankel, 13 Reservoir Road. Thank you for considering alterations to 14 the Specific Plan. 15 16 One change I think is easy: mandatory underground 17 parking for commercial and residential. 18 Now commercial, that’s easy. You’re doing it now. 19 Safeway did it. Old Town did it where Steamer’s is. The 20 Alberto project has it. So that’s easy. 21 But underground parking for residential, 22 especially those—I think of them as blocks—townhouses, or 23 apartments, or whatever those large buildings were that we 24 saw in the previous proposal; underground parking there 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 52 1 would benefit everybody. I looked it up and a small, a 2 minimum for a one-car garage, is 12x20. That’s getting a 3 car in, not a big SUV. 4 As we said on the Specific Plan, you have 270 5 residences, so if you took all 270 residences and you took 6 a one-car garage off of their building you have taken 7 64,000 square feet out of the buildings and you’ve put it 8 underground. If we take that apart and say okay we’re going 9 to have garden clusters, the disabled, seniors, so we need 10 to have some garage above, let’s say we take 200 of those 11 residences and take their garages and put them underground, 12 you’re saving 48,000 square feet. So you can lower the mass 13 of the building that is above ground, it’s only residences, 14 and you could lower the height of those. 15 16 Then, for a second thing, because you don’t have 17 garages attached to all these residences you do not need 18 the hardscape of driveways or alleyways, and so that 19 hardscape all of a sudden can become green areas, because 20 we don’t need hardscape for those cars. 21 A third thing, to build all of these garages you 22 have to dig, so that soil, perhaps instead of being 23 offloaded could be moved over to those portions of the 24 North 40 that will have to have infill, as we heard in the 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 53 1 previous application, so perhaps that soil could just be 2 moved around the project and you would eliminate all that 3 traffic headache with one and off the trucks. 4 So, underground parking. Thank you. 5 MAYOR SPECTOR: Thank you. I see no questions. 6 Patti Elliot, Sam Weidman, Tom Picraux. 7 PATTI ELLIOT: Good evening, I’m Patty Elliot. I 8 first want to thank Mayor Spector for her strong leadership 9 on this issue of such tremendous importance to our town. I 10 hope that all Council members can now hit the reset button 11 and see the need to amend the Specific Plan to ensure that 12 it contains the necessary particulars, such that the next 13 application for the North 40 actually implements that 14 Vision Statement rather than pay lip service to or ignore 15 16 it. 17 Please make clear that the housing is to be 18 spread throughout the 40 acres with less housing in the 19 Lark District, as most people believe the Specific Plan 20 calls for. Make that explicit with language such as “shall” 21 rather than “should.” Require by using the shall language 22 that more and smaller units are located in the areas served 23 by the Campbell School District to ensure that those units 24 are more affordable for seniors and millennials, as is also 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 54 1 called for in the Specific Plan. Reduce the amount of 2 commercial space permitted and require that space to be 3 truly neighborhood serving. 4 With these elements clarified you will create 5 truly open space. In addition to the orchards, allow for a 6 playground, a picnic area, and why not a large community 7 pool where residents of all ages would have a place to 8 recreate and exercise? We can expect to experience more 9 high heat days and continued drought. Pools use less water 10 than comparable sized lawns. Why not seek a public/private 11 partnership for such a community pool in which the 12 Recreation Department, homeowners association, and other 13 area residents can share in the use and the cost of the 14 facility? Given the massive beach traffic issues we already 15 16 have, the hundreds of new residents in the North 40 will 17 not have reasonable access to the beach. Onsite recreation 18 will help minimize weekend and afternoon traffic. 19 I implore all of you to reopen your minds as to 20 how to revise and clarify the Specific Plan to ensure that 21 the Vision Statement is realized and that the North 40 22 becomes a beautiful, cohesive extension of our special 23 town. 24 MAYOR SPECTOR: Thank you. Ms. Jensen. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 55 1 COUNCIL MEMBER JENSEN: Thank you, Ms. Elliot. I 2 have a question. You indicated that one thing that you 3 would like to see is the Specific Plan be revised to make 4 businesses along the North 40, I think you said, “truly 5 neighborhood serving.” I’m curious how you would go about 6 defining what that would be? Because I could imagine a 7 restaurant being neighborhood serving, I could imagine a 8 Market Hall being neighborhood serving, I could imagine all 9 kinds of things being neighborhood serving, so what kind of 10 language would you envision that would make something 11 “truly neighborhood serving”? 12 PATTI ELLIOT: Well, the first point I was making 13 was to reduce the size of the commercial allowed, and then 14 within that I agree that a neighborhood restaurant, or two 15 16 perhaps, would be appropriate, a salon or two perhaps, a 17 small green grocer. I agree with some of the earlier 18 speakers who talked about the fact that the Market Hall 19 would be more of a regional draw than neighborhood serving, 20 but perhaps a small green grocer or small convenience store 21 where people could get their necessaries, their everyday 22 food items, things like that. I’m not thinking of other 23 things right now, but the typical things that people would 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 56 1 want to do. A coffee shop, for instance. That sort of 2 thing. 3 MAYOR SPECTOR: I see no other questions. Thank 4 you. Sam Weidman, Tom Picraux, Rod Teague. 5 SAM WEIDMAN: Good evening, Mayor Spector and 6 Council Members. My name is Sam Weidman and I live on 7 Carlester Drive. 8 In my 70 years in town I’ve seen many changes, 9 both in residential building and commercial building. We’re 10 now trying to decide what the last large piece of open 11 area, the North 40, should look like. One of the four 12 Guiding Principles and site-specific plans is that the 13 North 40 will look and feel like Los Gatos. The North 40 14 must continue to be seamlessly woven into the fabric of our 15 16 community, complementing other Los Gatos residential 17 business neighborhoods. 18 Most of the residents of Los Gatos reacted in a 19 negative way when the story poles went up. It looked like a 20 giant fortress was going up, as seen from the four major 21 roadways surrounding the North 40. Once residents learned 22 what it was and what was being proposed they were even more 23 aware that they didn’t like the look and feel of what was 24 being proposed; too dense and too intense. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 57 1 For the North 40 to look and feel like Los Gatos 2 it has to blend seamlessly with the rest of Los Gatos. It 3 must look like the rest of Los Gatos. If you’re traveling 4 north or south on Los Gatos Boulevard, or east or west on 5 Lark Avenue, you shouldn’t have to do a double take and ask 6 yourself what was that I just passed? It should all look 7 and feel like you’re still in the Town of Los Gatos, where 8 so many people have bought their homes because of the look, 9 feel and charm. 10 Can the look and feel be quantified? No. However, 11 the number of residents who expressed a disapproval of the 12 previous application based on the look and feel of what was 13 being proposed greatly outnumbered the number of residents 14 that were in favor of it, and that is objective data. 15 16 Spread the housing out over the entire North 40, 17 reduce the density/intensity, make the housing units more 18 affordable, and retain the look and feel of Los Gatos. 19 Thank you. 20 MAYOR SPECTOR: Thank you. No questions for you. 21 Tom Picraux, Rod Teague, Jason Farwell. 22 TOM PICRAUX: Thank you. Tom Picraux at Panorama 23 Way. Thank you for holding this special meeting, and I’d 24 like to speak to the affordable housing aspect of the plan. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 58 1 As you know, the previous plan had 49 units, but 2 specifically for the Very Low-income category. I’d like to 3 see attention given to the Low-income category, and perhaps 4 also to that area of housing that’s just above and near the 5 Low-income, something that is, for example, available to 6 seniors interested in move-down housing and for people who 7 need to rent and can’t afford Los Gatos type housing 8 typically at its current cost. 9 I believe a more balanced plan could be developed 10 that would specifically consider the needs of our seniors 11 and the Low-income residents of our town. Thank you. 12 MAYOR SPECTOR: Thank you. Rod Teague, Jason 13 Farwell, Lucille Weidman. 14 ROD TEAGUE: Madam Mayor, Council Members, Staff, 15 16 thank you for acting so swiftly on this matter. I hear 17 Kevin Durant is already complaining about the traffic 18 around here, and he’s just in town. I saw that on the news 19 before I came over here. 20 Many of the previous speakers already spoke to 21 some of the suggestions I had. I made some notes. 22 The underlying problem that really brought us 23 here was that the Specific Plan contradicted itself. We 24 really did little to stop those contradictions. For 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 59 1 example, when you say look and feel, but you leave that 2 interpretation open to a developer to figure out for you, 3 you could end up with anything. Although the style I felt 4 was introducing a new style of architecture into Los Gatos, 5 I didn’t think it looked anything or felt anything like Los 6 Gatos. 7 My suggestion is maybe finding a prevailing look 8 and feel that’s in the north end of town. If you go up to 9 the north end of town you do have a lot of tile roofs; 10 there is a sort of Mediterranean feel in the north end. 11 One of the other contradictions also is if you 12 call for low intensity in the Specific Plan, and yet you go 13 and zone 20 units per acre and give a by right privilege to 14 the developer, knowing that that 20 units per acre is 15 16 really going to turn into 27 units per acre, how can you 17 ever achieve that low intensity feel that the Specific Plan 18 is calling for? 19 Those are just a couple suggestions. For the sake 20 of the Yuki family and all the landowners, I hope this 21 moves swiftly, and I hope that we really can come up with 22 something that the Town can be proud of and we can all work 23 together to achieve. Thank you. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 60 1 MAYOR SPECTOR: Thank you. Jason Farwell, Lucille 2 Weidman, Ken Arendt. 3 JASON FARWELL: Good evening, Madam Mayor and 4 Council Members. I’d just like to echo some of the 5 sentiments of Ed Rathmann, who spoke earlier about the 6 commercial component of the North 40. This is not new news 7 to you folks up here. I think you all know my position on 8 it, but just for the public record, I want to make sure 9 that whatever we do is creating a fair playing field for 10 the downtown Commercial District as well as the North 40. I 11 think the only way to do that, since the Town seems to be 12 unwilling to pull back on its restrictions downtown, is to 13 put in place those same restrictions with the North 40, and 14 that would be done through the CUP process. 15 16 If you don’t do that, you lose control. You put 17 the ball in the hands of the developer and they can bring 18 in any tenant they want. Under the current Specific Plan 19 that is how it is. They can bring in anybody they want, any 20 restaurant they want, and it would devastate downtown. 21 There are no formula restrictions on the North 40. 22 Really, I’m imploring you to insert an even 23 playing field, because again, if you don’t it will lay 24 waste to downtown. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 61 1 I’m just trying to think if there’s anything else 2 I want to add to that. That’s really my main point, 3 especially as it relates to the food uses downtown as well. 4 I think just the competition with the North 40 will be 5 really, really tough as well as in the retail. 6 MAYOR SPECTOR: Ms. Jensen. 7 COUNCIL MEMBER JENSEN: Mr. Farwell, thank you 8 for coming tonight. You indicated you want to have a level 9 playing field, and I’m wondering why deregulating the 10 downtown wouldn’t create a level playing field? 11 JASON FARWELL: I think that it potentially 12 would, but the Council doesn’t seem to want to do that. 13 COUNCIL MEMBER JENSEN: Not yet. 14 JASON FARWELL: Well yeah, but we’re living in 15 16 the present, and believe me, I think all of us have been 17 around long enough to know that that’s a really big hurdle 18 to get over. 19 COUNCIL MEMBER JENSEN: (Inaudible). 20 JASON FARWELL: And I think, rightfully so, there 21 has been an effort to protect downtown and the charm of 22 downtown. I don’t necessarily agree with all of it, but 23 we’ve come to live with it and operate in it, and to have a 24 whole separate part of town, especially in this 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 62 1 concentrated area, that’s going to be newly developed and 2 going to be beautiful and very enticing and lots of 3 parking, I just see the masses heading north. 4 COUNCIL MEMBER JENSEN: One more question? 5 MAYOR SPECTOR: Ms. Jensen. 6 COUNCIL MEMBER JENSEN: You and Mr. Rathmann have 7 both said on a number of occasions that you believe that 8 construction of commercial in the North 40 would…various 9 words were used, but tonight you used “devastate.” 10 We got a report in late August from our Town 11 Manager and Economic Director that sales tax in the first 12 quarter for Los Gatos is down 7.8%, and that the historic 13 sales per capita is at a ten-year low for the first 14 quarter, which is not reflected in other communities that 15 16 are comparable to Los Gatos, so we are unique in our sales 17 tax going down, and that is without construction of the 18 North 40. So to what would you attribute that if the North 19 40 hasn’t yet been built? 20 JASON FARWELL: That’s a good question. I’m 21 assuming that a portion of that would relate to some of the 22 traffic issues we’re dealing with. I think also some of 23 that might have to do with the offerings downtown in our 24 retail and restaurant locations. Frankly, I think that the 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 63 1 vitality of downtown is struggling. I think it needs a 2 makeover. I think it needs to be cleaned up; it needs to be 3 more inviting. We need more parking. I would attribute it 4 to a number of those factors. I may be wrong, I don't know. 5 MAYOR SPECTOR: Other questions? Ms. Sayoc. 6 VICE MAYOR SAYOC: Mr. Rathmann, given that we 7 have a set amount of Staff to work on all these issues, and 8 given the current trend of sales tax declining, how would 9 you envision prioritizing Staff resources? The same Staff 10 that would be working on revising the Specific Plan would 11 be the same Staff that we would utilize to create policy 12 changes if there is agreement on downtown, so given the 13 issues that the business world is facing, how would you 14 envision prioritizing all these different tasks that need 15 16 to be done? 17 JASON FARWELL: I’m not that smart. You know, I 18 feel for Staff. The load is oppressive, no doubt about it. 19 I would leave that to the Council to provide direction as 20 to what your priorities are. I’ve always felt that the 21 Council’s priority was downtown and has always been 22 protecting downtown, so to the extent that that’s one of 23 your priorities, I would direct Staff accordingly. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 64 1 MAYOR SPECTOR: Other questions? Seeing none, 2 thank you. 3 JASON FARWELL: Thank you. 4 MAYOR SPECTOR: Lucille Weidman, Ken Arendt, and 5 Shannon Susick. 6 LUCILLE WEIDMAN: Good evening, Mayor Spector and 7 Town Council members. My name is Lucille Weidman; I live on 8 Carlester Drive. 9 It has been brought to my attention that a three- 10 story hotel for family members of cancer patients receiving 11 treatment at the Stanford Cancer Center is being planned 12 for the four parcels at Burton Road and Los Gatos 13 Boulevard. If plans have been submitted to the Planning 14 Department, this makes defining the design elements of the 15 16 North 40 time sensitive. 17 I would like to suggest forming an ad hoc 18 committee to set design standards now. If such a committee 19 is formed, I respectfully request inviting Town residents 20 to be part of the committee. 21 I thank you for your time, and I thank you for 22 your consideration. 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 65 1 MAYOR SPECTOR: Before you leave, I didn’t get 2 the very first part of what you were saying about Burton 3 Road. Would you give me that again, please? 4 LUCILLE WEIDMAN: Certainly. It has been brought 5 to my attention that there is a three-story hotel for 6 family members of cancer patients receiving treatment at 7 the Stanford Cancer Center that is being planned for the 8 four parcels at Burton Road and Los Gatos Boulevard. 9 MAYOR SPECTOR: Thank you. Questions of Staff, if 10 you’ll wait till after we have public testimony. Thank you. 11 Ken Arendt, Shannon Susick, and that will be my last card 12 unless somebody comes up. 13 KEN ARENDT: Good evening, Mayor, Vice Mayor, 14 Town Council Members. Thank you for arranging this quick 15 16 meeting to hopefully get some concurrence on amending the 17 Specific Plan, a great document. 18 The good news here I think is that we all love 19 this town and its future going forward, so it would be 20 incredulous to think that we are not all aligned with that 21 major objective. 22 The benefits of such revisions as called by Mayor 23 Spector would reduce and maybe eliminate any ambiguity or 24 loophole that exists in the Specific Plan and make it 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 66 1 clearer for any developer to respond properly. We want to 2 avoid all the contentious issues that arose during this 3 last application process. 4 nd On September 22 Town Staff had submitted a 5 report that summarized the Mayor’s desire for amendment, 6 “To ensure that future development meets the intended 7 outcomes of a refined Specific Plan,” and furthermore this 8 action is not intended to be a rewrite of the entire 9 document. It was designed to be specific, clear, and 10 require no amendments to the Housing Element. I must say, 11 many of my colleagues and I form a task force, have 12 submitted many high-level comments to you, and you’ve heard 13 from many of the people this evening. 14 But I’ve got to talk about one issue that may be 15 16 a little contradictory to the objective, and I’m referring 17 to the last Staff Council Agenda Report submitted on 18 th September 26. In my opinion it displays a lack of urgency 19 for the process of which time is of the essence. We have 20 heard numerous times this evening, and we have read it, 21 that anything can be submitted at any time until such time 22 as a revision is actually completed. 23 Their report indicates that the earliest that the 24 Staff can bring something to the General Plan Committee is 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 67 th 1 October 26. Now, that may be true, but do you know how 2 many times that committee has met this year out of the 18 3 scheduled times? None. They’ve canceled every meeting. I 4 know that they can meet more quickly. I know some of the 5 people on them personally. 6 Then the report indicates that nothing can be put 7 th in front of the Planning Commission till December 7, and 8 th finally the Town Council January 17. In my opinion, I find 9 that unacceptable, especially regarding the objective that 10 you’ve set forward to do. We need to not have business as 11 usual. We need to go ahead, perhaps use our task force, and 12 perhaps collaborate in some fashion to speed up the 13 process. I realize that priorities are tight, but you guys 14 have the ability to establish those priorities. Thank you 15 16 very much. 17 MAYOR SPECTOR: Thank you. Ms. Jensen. 18 COUNCIL MEMBER JENSEN: I have a question for 19 you, sir. You spoke about—I forgot exactly what you said— 20 essentially closing loopholes to make the plan more 21 particular. One of the controversies, if you will, that was 22 discussed over the eight years or whatever it was of 23 developing a Specific Plan was specificity and 24 particularity versus allowing for discretion, and I’m 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 68 1 wondering where you come down on that? I’m going to ask the 2 Staff this question and Mr. Schultz as well. Once you write 3 a plan that has no loopholes and is incredibly specific, 4 once a developer comes in and complies with that plan, you 5 are done. So how do you react to that? 6 KEN ARENDT: I don’t think it’s either/or. I 7 don’t believe that you can eliminate subjectivity 8 completely, because then you’re land locked. But I do think 9 that we could get a little tighter on here to avoid some of 10 the ambiguities. We can go into the should to the shalls, I 11 think as someone mentioned earlier this evening, and do 12 think that more reflective the intent of where we want to 13 go with this, and not leave it as it is. So I come down on 14 tightening things up, but certainly not land locking a 15 16 decision going forward. 17 COUNCIL MEMBER JENSEN: Thank you. 18 MAYOR SPECTOR: Other questions? Thank you. 19 Shannon Susick, Chris Chapman, and Bruce McCombs. 20 SHANNON SUSICK: Good evening, Mayor and Council. 21 I just wanted to bring up one word, and then I’ll be done. 22 Traffic. Okay, I’m done. No, I’m not done. 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 69 1 I have a couple of ideas, and I’m hoping it would 2 be worthy of your time to put this in the revised Specific 3 Plan. 4 Each application shall require a current 5 comprehensive traffic study using actual counts versus 6 projected or based on tables, and I believe that definition 7 of “current” should also be included, and my idea of 8 current would be within the last 12 months. 9 Each application if not approved within a year, 10 or if affected by significant changes within the 11 development or within a five-mile radius, shall have a 12 revised or updated traffic study not to exceed 12 months in 13 date. 14 I know there were issues with the previous 15 16 application in regard to CEQA and the EIR and because of 17 the Housing Element, but I believe that the traffic was the 18 number one complaint, or at least in the top three in 19 regard to the past application. 20 I would also like that each application shall 21 include pedestrian and bicycle counts, as the Town’s 22 current goals are to reduce vehicular traffic and encourage 23 bicycle and pedestrian transportation in all neighborhoods. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 70 1 We just had a town-wide count. I don't know the results 2 yet. 3 And this would be something to think about or to 4 discuss more with Matt Morley or the traffic engineers, but 5 I don't know that necessarily widening Los Gatos Boulevard 6 is going to help the traffic. I know that there are going 7 to be issues with on-ramps, but I know that when you look, 8 and forget what the principle is in chemistry or biology, 9 but if you have a container and it gets bigger and it’s… 10 Whatever it is, it’s volume or something. But if you widen 11 that road, people are going to come and they’re going to 12 think that they can get there, and then when they get down 13 to Lark it’s going to narrow a little bit, when they get to 14 Blossom Hill it’s going to narrow even more, and they will 15 16 never go downtown if they are thinking about going 17 downtown. So that’s one of the thoughts. 18 The other thing I wanted to say was that you have 19 engaged the Town, and we respect the time and energy that 20 all of you have spent, and that the Yuki family has been 21 willing to sell their property, but a lot of people were 22 unaware unfortunately, for whatever reasons, and I know 23 that as leaders you want us to move forward, so let’s move 24 forward together. I think that the work that you’ve done in 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 71 1 the last few months, and your decision a few weeks ago, was 2 very brave and strong, and you have the respect and the 3 help of everyone in this audience. 4 MAYOR SPECTOR: Thank you. Questions? Mr. Rennie. 5 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 6 Ms. Susick, I want to make sure I understand your idea. 7 Don’t widen Los Gatos Boulevard so you don’t let more 8 people into town, is that correct? 9 SHANNON SUSICK: No, I’m just not sure that 10 widening it is going to really, truly mitigate the traffic 11 issue, especially if we’re talking about those parcels that 12 are on the east side towards the hospital. I could be 13 wrong, but maybe there are other ways we could mitigate, 14 and maybe there are other circulation patterns within 15 16 development or outside, but again, I was asking for 17 language in there regarding traffic studies, not 18 necessarily new EIRs with each application, because they’re 19 so expensive and take so long. 20 COUNCIL MEMBER RENNIE: The reason I ask is you 21 immediately gave me this idea of why don’t we have two 22 lanes coming into town, so that discourages people from 23 using Los Gatos Boulevard as a way to get into town versus 24 the highway, but allow three lanes going out so we can let 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 72 1 people get out of town easier and reduce traffic. How does 2 that sound to you? 3 SHANNON SUSICK: Right. There are many things I 4 wish I had studied in school instead of journalism, because 5 it’s not really helping me here. One would be to be a land 6 use attorney, and one would be to be a traffic engineer, my 7 new love. 8 But anyway, I don't know. I mean, maybe Matt 9 Morley… I think that there is a definite principle, at 10 least as far as funneling traffic and moving it around. 11 COUNCIL MEMBER RENNIE: Thank you. 12 MAYOR SPECTOR: Ms. Jensen. 13 COUNCIL MEMBER JENSEN: Thank you for coming. I 14 think it’s a fantastic idea to have real time traffic 15 16 counts. The difficulty I have with that concept is you can 17 certainly assess existing conditions. 18 SHANNON SUSICK: Right. 19 COUNCIL MEMBER JENSEN: You can do that over time 20 so that you get a good picture, so if we don’t have the 21 example I gave of high school in June versus high school in 22 October, you can take an existing condition. I’ll use an 23 example, Hillbrook School, where you did host counts for 24 Hillbrook School, but if the thing is not there, how would 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 73 1 you envision a real time traffic count being relative or 2 helpful in figuring out what’s going to happen when 3 something is there? 4 SHANNON SUSICK: I just think to establish a 5 reasonable base, a relevant base, a current base. We have 6 those projects that are still not finished at Albright, and 7 we have the huge Good Samaritan that they keep postponing 8 even presenting their Draft EIR, and again, that’s 9 projected. The Albright, we’re almost there. I guess not 10 quite, but I just think to establish a solid base. I’m just 11 reflecting a lot of comments from the public, which was 12 that if you’re sitting in traffic and it’s taking you three 13 signals to turn left from Lark or Los Gatos Boulevard, and 14 then the traffic studies are saying no, or that the 15 16 mitigation measures are so strong that it’s going to 17 actually reduce the traffic. 18 COUNCIL MEMBER JENSEN: I know you’re not a 19 traffic engineer, or play one on TV, but if you establish a 20 base that is occurring without the mitigation measures, how 21 do you determine whether the mitigation measures are going 22 to do anything? I get what you’re saying, but I’m just 23 curious, because this is always the conundrum with traffic, 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 74 1 because you’re trying to figure out what’s going to happen 2 with something else and it hasn’t occurred yet. 3 SHANNON SUSICK: Right. 4 COUNCIL MEMBER JENSEN: So how do you do that 5 with a base that isn’t necessarily reflective of what’s 6 going to be the condition if it’s built? 7 SHANNON SUSICK: Can we ask Matt? 8 COUNCIL MEMBER JENSEN: He’ll say look at the ITE 9 manual. I’ll ask him later. 10 SHANNON SUSICK: Okay, thank you. 11 MAYOR SPECTOR: Okay, other questions for the 12 speaker? Thank you. We have Chris Chapman followed by Bruce 13 McCombs, and that’s my last card. 14 CHRIS CHAPMAN: Hello, my name is Chris Chapman 15 16 and I live at 201 Mistletoe Road. 17 I’m just looking for ways to perhaps scale down 18 uses of the North 40, and although the Market Hall concept 19 sounds very attractive, there are plenty of grocers in this 20 town. I think of Cornucopia, which is a small boutique 21 produce food stand on Winchester that has operated there 22 for 40 years. Maybe others want to pay $2 for an apple, but 23 I think there are many opportunities, such as our farmers 24 market in downtown Los Gatos, where people can shop for 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 75 1 produce. So number one, the Market Hall, to make it really 2 as successful as something like the Ferry Building in San 3 Francisco, and do we really want to have a magnet that 4 draws more traffic to our area? 5 I also really support the underground parking 6 concept. I think that allows for more open space. There 7 have been comments about a driveway open space, what is 8 open space, but if you get all that concrete underground, I 9 think it would be very important. 10 I also think it is important to address Los Gatos 11 Boulevard traffic prior to the approval of any development. 12 I’m not really interested in seeing more strip malls on Los 13 Gatos Boulevard deemed commercial. The Office Depot is 14 tucked back, it’s not just another Trader Joe’s upgraded 15 16 strip mall, and so if there are more creative ways to not 17 make the commercial stuff so blatantly obvious and 40’-plus 18 height requirements, I think it would be better. Thank you. 19 MAYOR SPECTOR: Thank you. Bruce McCombs. 20 BRUCE McCOMBS: Good evening, Madam Mayor and 21 Members of the Town Council. My name is Bruce McCombs; I 22 live on Kennedy Road in Los Gatos. 23 I’d just like to take a moment to thank everyone 24 here again for the incredible work that you’ve done and 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 76 1 what you’re doing to help continue the quality of life for 2 us here in Los Gatos, especially during the past several 3 months. We’ve worked on the proposed North 40 project and I 4 just really feel encouraged that we’re headed in the right 5 direction, and I hope you feel the same. The past few weeks 6 have been pretty exciting for all of us, to be sure. I just 7 hope that things are getting a bit easier for you as the 8 North 40 project is considered. 9 If I understood, by the way, the announcement 10 correctly, the purpose of tonight’s meeting is to consider 11 the possibility of amending certain parts of the North 40 12 Specific Plan. It seems to many of us this is maybe in fact 13 our one and only opportunity to clarify and correct a few 14 mostly minor areas in the current Specific Plan that 15 16 enabled the previous Applicant to direct much of the 17 process rather than making an attempt to follow the fairly 18 clear cut guidelines and especially the intent provided in 19 the current North 40 plan. 20 Of course I realize how long and hard all of our 21 Council members have worked on the North 40 project to 22 date. I’m just asking you to please stay the course. With 23 just a few revisions the Specific Plan, and ultimately the 24 North 40 development, can be what our Town leaders 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 77 1 originally envisioned. I’m asking that each and every 2 member of the Council please vote to support any motion 3 that might be made either this evening or in the future 4 regarding possible amendments to the current Specific Plan. 5 If the Town is going to move forward with plans 6 to amend the Specific Plan, it seems to me that now would 7 be the time to do so. I say this because I firmly believe 8 that you and leaders of our Town would be in a much better 9 position to determine the size and scope of the North 40 10 development where you would have an updated Specific Plan 11 in place before the next application is submitted. 12 Otherwise, we’re right back where we started, trying to 13 find ways to make the current Specific Plan work to enforce 14 the vision that the Specific Plan was intended to provide, 15 16 when just a few fairly minor revisions to the current plan 17 might cause future applicants to think twice before 18 proposing a development that just isn’t a good fit for our 19 town. 20 Having studied the current Specific Plan from 21 cover to cover on several occasions in the past few months, 22 I’ve learned two things. 23 The current Specific Plan is a beautifully 24 crafted document that provides a very clear vision for 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 78 1 responsible development of the North 40. It’s quite clear 2 that whomever was responsible for creating the current 3 Specific Plan has a deep love and respect for our town, as 4 page after page makes abundantly clear. 5 The second thing I’ve learned is that there may 6 indeed be a few loopholes in the current Specific Plan that 7 the previous Applicants may have attempted to use to their 8 benefit. 9 In short, I don’t feel the overriding intent of 10 the Specific Plan is being honored in several areas. Of 11 course that’s my opinion, but given all that has transpired 12 in the past several months I do think that the current 13 Specific Plan is in need of an immediate and fairly minor 14 update. 15 16 I’m grateful for your time, and I cannot thank 17 you enough for the work that you’ve done on behalf of our 18 town. Thank you. 19 MAYOR SPECTOR: Thank you. Questions? Seeing 20 none. That is the last card I have, and so I’m going to 21 close the public testimony portion of this hearing and I am 22 going to take a ten-minute break, so we will be back at 23 9:00 o’clock. 24 (INTERMISSION) 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 79 1 MAYOR SPECTOR: If you’ll all take your seats, 2 and if Council Members could return to the dais. All right, 3 continuing on with our hearing. 4 For the benefit of Council, what we will be doing 5 next, and I know that you have questions, because you said 6 it, we’ll begin with questions… I should start with Ms. 7 Prevetti. Do you have anything before we get to questions 8 of Staff? All right, we’ll begin with questions of Staff. 9 Ms. Jensen. 10 COUNCIL MEMBER JENSEN: How does the Mayor want 11 to do this? I have a whole heck of a lot of questions. Do 12 you want me to just go through it, or do you want it to be 13 somehow organized, or just keep going? 14 MAYOR SPECTOR: Let’s see, I actually didn’t 15 16 anticipate a whole lot of questions. 17 COUNCIL MEMBER JENSEN: Two pages worth. 18 MAYOR SPECTOR: All right, why don’t you go ahead 19 and start, and then if any Council Member wants to ask a 20 question, even though Ms. Jensen is on a roll, just raise 21 your hand. Ms. Jensen. 22 COUNCIL MEMBER JENSEN: I’ll try to start with 23 the big picture questions and then go down to more 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 80 1 specific. Maybe that will make some sense. And I’ll also 2 ask questions that I promised I was going to ask. 3 The first one is a question regarding making the 4 Specific Plan more specific, and this may be for Mr. 5 Paulson or Ms. Prevetti, and my question is how specific do 6 you get before it becomes essentially an application? 7 Because what you’re doing is you’re writing exactly how an 8 application should appear and calling it a plan, and then 9 once it appears that way have you eliminated discretion for 10 the decision maker? How far can you go down that path? 11 JOEL PAULSON: I’ll start, and Ms. Prevetti can 12 also add if she had anything additional. 13 You can go very far down that path. I think the 14 comment that you made relating to specifically by right 15 16 development from the Housing Element side, and the more 17 specific you get, that does limit the discretion you have 18 when an application comes forward. There are specific plans 19 that are very specific, and there are specific plans that 20 are even less specific than the Specific Plan that we have 21 for the North 40. 22 The Council is free to choose what they feel 23 comfortable with, but there are repercussions when an 24 application comes forward and meets all of the shalls. For 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 81 1 instance, if you change everything to shall and they’ve met 2 all of the technical requirements, we run into some of the 3 similar conversations we had with the previous application 4 as far as what is an objective requirement versus 5 subjective. I believe ultimately it would be extremely 6 difficult to not have still some subjectivity in there, and 7 even with the by right development the Town still does 8 retain its ability to review the architecture from the 9 Architecture and Site perspective. Ms. Prevetti, if you 10 have anything additional. 11 COUNCIL MEMBER JENSEN: Follow up on that, I 12 think it was Mr. Teague talking about a suggestion of 13 somehow identifying a prevailing style of architecture. You 14 can always retain the right to look at architecture, but if 15 16 you write in what type of architecture it is, then are you 17 done? 18 JOEL PAULSON: Yes. I think now there is kind of 19 some guidance as far as what we’re looking for 20 architecturally, but if you put in there all of the 21 buildings must be Mediterranean or Spanish style, then I 22 think that’s pretty clear direction and that’s the path 23 that we would be going down. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 82 1 COUNCIL MEMBER JENSEN: Related question. One of 2 the speakers was talking about, and we’ve heard in the 3 various hearings for the Specific Plan, sort of a request 4 if you will that there be more ability to review. When I 5 think of that kind of review for an Architecture and Site, 6 for example, is that more like a Planned Development, how 7 that occurs, versus a Specific Plan, which is a zoning 8 scheme and then you fill it in with applications? A Planned 9 Development is a single application and then you manipulate 10 it as you wish. So is one of the options for amending the 11 Specific Plan—and I’m not suggesting that we do this, I 12 just want to know as a matter of intellectual curiosity 13 what our options are—simply eliminating the Specific Plan 14 and saying great, have an application and treat it like a 15 16 Planned Development, and then people are more used to that 17 model? What I’m trying to figure out is where do you end up 18 on that spectrum? 19 JOEL PAULSON: I imagine its definitely within 20 the Council’s purview if you decide you ultimately want to 21 rescind the Specific Plan and have someone go through a 22 typical planning process like other applications do. I 23 think the challenges that creates were discussed throughout 24 the Specific Plan process. A lot of that revolves around 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 83 1 having multiple owners and then dealing with 2 infrastructure, as well as kind of piecemealing development 3 in a fashion without any real guidance, so then you end up 4 with kind of the first one through the door. Does that set 5 the direction and then everyone falls in line with that, or 6 do you end up with a kind of a hodge-podge depending on the 7 size of the site and the particular use that that applicant 8 come in for? I don't know if Rob has any additional. 9 ROBERT SCHULTZ: I think it’s been well said. The 10 reason why you do a Specific Plan is to do a comprehensive 11 plan of an area so that the developer has, if you want to 12 call it, a roadmap, and how specific that roadmap is is up 13 to Council, but it provides those guidelines. 14 The problem that you would have with doing a 15 16 development on a piecemeal basis is you don’t get the 17 infrastructure. If you recall the application for this, one 18 of the benefits was they were doing mitigation measures 19 that were not necessary for their project. They were 20 mitigating the entire North 40 in one swoop, whereas if you 21 do piecemeal, let’s say you’ve got a project for two acres 22 of residential, the mitigation might be very little. Then 23 another property owner does two acres, and two acres, and 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 84 1 two acres that don’t require the traffic mitigations that 2 you’re able to do through a Specific Plan. 3 I think you all understand, because you were on 4 those committees, there’s a reason why we do the Specific 5 Plan and the importance of it, but with that being said, 6 it’s still the prerogative of Council to decide whether 7 they want to not have a Specific Plan and go back to those 8 individual development applications. 9 LAUREL PREVETTI: If I may just add, another way 10 of looking at this is assume that we maintain a Specific 11 Plan, amended or not, and maybe we look at how we do 12 outreach once an application is filed. So maybe we look 13 internally about how we inform the public and the Council 14 when an application is submitted, so that way the public 15 16 has earlier notification of an application on file. It 17 doesn’t necessarily change the review process, all the 18 deciding bodies would have their same roles, but at least 19 there would be more opportunity for engagement earlier on. 20 So there are some other process type opportunities if the 21 Town wishes to look at those. 22 MAYOR SPECTOR: Further questions? 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 85 1 COUNCIL MEMBER JENSEN: I just saw the Vice Mayor 2 had her hand up, and if it is related, I wouldn’t go on to 3 a different topic. 4 MAYOR SPECTOR: All right, Vice Mayor. 5 VICE MAYOR SAYOC: This is related. I just wanted 6 to follow on that train of thought real quick. One of the 7 frustrations that I had is we did have Architecture and 8 Site, but site and layout was really not something that we 9 could touch during this last application. So given the 10 Specific Plan parameters, what can we do as a Council to 11 change the process so that discussions like site and layout 12 are things that we can affect before we get into deadlines 13 and other procedural changes that prohibit us from even 14 discussing it? 15 16 ROBERT SCHULTZ: Under your Housing Element, for 17 example, 13.5 acres have been designated as 20 units per 18 acre. One of the ideas is to look at that site map and 19 determine where those 20 acres will lay out so that you can 20 have more control of the whole site, so that a developer 21 doesn’t come in and make that decision for you that you 22 don’t like, and then there are additional acres exactly 23 where you want less density, or more density, and the 24 height and those things. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 86 1 I think you did a lot of that by putting the 25’ 2 around the edges and 35’ on the interior, but we did not 3 call out the 13.5 acres, and I think that was the biggest 4 issue that you heard from the public, and Council discussed 5 it. I think that’s probably one of the biggest issues, 6 determining where you want that higher density at 20 units 7 per acre. 8 MAYOR SPECTOR: Ms. Sayoc, anything else? All 9 right. Yes, Mr. Rennie. 10 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 11 If I can follow up on that, I actually had this kind of 12 conversation with the Town Manager, but it was a little 13 different than what Mr. Schultz just said. It’s more about 14 I think no matter how specific we try to be, we don’t know 15 16 what we’re going to get and we want to have some time to 17 say we’d really like this moved around, or orient it 18 differently, or something like that. I know it’s not easy, 19 but I think we should take a learning from this process, 20 and I asked you to think about this and you probably 21 haven’t got an answer yet, but it’s really about how do we 22 earlier on do that so we don’t get up to a deadline where 23 we can’t send it back to Planning Commission. Maybe you 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 87 1 don’t have an answer yet, but if you could think about 2 that. 3 LAUREL PREVETTI: Sure. There are several models. 4 The way the Specific Plan is written right now, and the 5 Discretionary Approval Table in Appendix E, Architecture 6 and Site Review really rests with the Planning Commission, 7 so if things work the way this is intended these 8 applications would not be coming to Town Council. Absent 9 the Vesting Tentative Map, it would not have come to Town 10 Council. 11 One option might be to look at whether or not you 12 want a process where the Town Council has an early review 13 of an application just to provide some initial guidance, or 14 perhaps the Conceptual Development Advisory Committee has a 15 16 different role beyond just an economic study as spelled 17 forth in the Specific Plan. So there are some other process 18 options, but Appendix E right now doesn’t really have much 19 of a role for Council. 20 MAYOR SPECTOR: Let me follow up on that. If that 21 were the way we might go—of course we’re not doing anything 22 tonight, I guess everybody needs to understand that, we’re 23 just thinking of some ideas, we’re not making any 24 decisions—if that was the way the Council wanted to go and 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 88 1 the Council wanted more involvement, why couldn’t the plan 2 simply be modified to say that whatever it now says the 3 Planning Commission does, the Planning Commission does it, 4 but it still come up to Council? 5 LAUREL PREVETTI: We could do that as well, make 6 the Planning Commission your recommending body, and then 7 you would have the final authority. That would be a very 8 specific amendment that we could process for you. 9 MAYOR SPECTOR: Ms. Sayoc. 10 VICE MAYOR SAYOC: Just to follow on that though, 11 but would it get us around the deadlines? That’s what I 12 keep going back to. How do we look at something? Perhaps 13 CDAC, because CDAC applications come in before an official 14 application is filed, thus the deadline does not begin, 15 16 right? 17 LAUREL PREVETTI: That’s correct, and our typical 18 process is that we don’t bring an application to Planning 19 Commission until it’s deemed complete; that’s been our 20 practice as a town. 21 VICE MAYOR SAYOC: Then to follow up on that, we 22 could change the Specific Plan amendment process-wise to 23 say this would come forward to CDAC with a widely 24 circulated public hearing, and put in certain parameters so 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 89 1 that it makes it so that it’s more publicly accessible. So 2 we can do within the current parameters now? 3 LAUREL PREVETTI: That’s correct. 4 VICE MAYOR SAYOC: Okay. 5 MAYOR SPECTOR: Following up on that, one of the 6 issues that truncated our time but was very positive to the 7 community was that study session, whatever we called it, 8 public session, that we had. Had we eliminated that, we 9 would have probably had a couple more months, I believe, 10 two or three more months, to consider this application, is 11 that correct? 12 JOEL PAULSON: That’s correct. 13 MAYOR SPECTOR: Let’s see, Ms. Jensen. 14 COUNCIL MEMBER JENSEN: Follow up on that topic 15 16 then. If I could change subjects, I will do that. I guess 17 just an observation for comment from staff. The CDAC, 18 Conceptual Development Advisory Committee, obviously is a 19 where you come in to get feedback before you have a true 20 application, and one of the features of it is that it is 21 nonbinding. So when I hear it being suggested as a 22 preliminary way to do something, I am not sure, and perhaps 23 staff can help me out, that that would be particularly 24 helpful, because it is not binding on the applicant. I 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 90 1 guess I’m looking for your feedback on that problem, or 2 non-problem, depending on how you look at it. 3 JOEL PAULSON: Right. You’re correct, that’s a 4 typical process, a little bit different with the Specific 5 Plan requirement that requires the CDAC to look at the 6 economic study. That was actually done during the process, 7 so it wasn’t done prior to them submitting an application 8 but it was done in the process, so it doesn’t get around 9 the nonbinding nature of it, and maybe that’s not an 10 adequate forum potentially for that kind of deliberation. 11 We can talk about other options, such as placing 12 language in the Specific Plan that there is a study session 13 with the Planning Commission and/or Council prior to the 14 application being deemed complete. There are things along 15 16 those lines that are possible and may be better forums for 17 that type of review. 18 MAYOR SPECTOR: Let me follow up on the CDAC. 19 Being on the CDAC, I understand that this came before the 20 CDAC for the economic study. I don’t think the CDAC is a 21 good forum for what we’re talking about. If your objective 22 is to give the Council and the Town more time, I’m not sure 23 we wouldn’t have had enough time in this go around had it 24 not been for the little detours that we took. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 91 1 Ms. Jensen. Oh, I’m sorry, Mr. Rennie had his 2 hand up. 3 COUNCIL MEMBER RENNIE: Thank you. If I could 4 just add one more thought to this. I think when the story 5 poles go up is when the public really starts getting 6 engaged, and so if we’re trying to get more up front so we 7 have more time, if there is some way we put up story poles. 8 Maybe they’re not technically accurate, maybe they’re just 9 something large to attract attention so that people start 10 paying attention, because I think we don’t end up making a 11 lot of our determinations of how we might want to move 12 things until we get a lot of the public input, so I think 13 we need to somehow attract attention. 14 Posting it on our website, nobody is going to see 15 16 that, right? Well, not nobody, but not many, right? So if 17 somehow start the public part of the process a little bit 18 earlier too. 19 JOEL PAULSON: I think that there are a couple 20 things there. You’re right; typically the story poles go up 21 before we’re going to a hearing. We could have the larger 22 4’x8’ signs with a rendering put up early, potential 23 development, so it flags that. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 92 1 I think the other piece is we’re trying to 2 utilize more of the social media aspect, and so definitely 3 suggest that if there’s anyone out there who isn’t 4 subscribed to What’s New!, we try to send out a lot of 5 blasts on that. We’re trying to send more out on Facebook. 6 I believe we’re still ending stuff out on Twitter. So 7 utilizing those, and then accompanying that probably with, 8 as Ms. Prevetti mentioned before, some additional, maybe 9 more traditional, outreach earlier in the process. 10 The Planning Department also has a Pending 11 Planning Projects page, and we’re trying to get electronic 12 versions of plans, so that is also another good avenue for 13 folks to gain information. Those are some other options, 14 but getting notice out earlier, we can look at options to 15 16 do that. 17 ROBERT SCHULTZ: And then clean up language on 18 deemed complete on the story poles. If you recall, we 19 actually were in dispute over whether they were deemed 20 thth complete on the March 16 date or the May 5 date when the 21 story poles went up, so I think that’s language that does 22 need to be cleaned up so we know exactly they’re not deemed 23 complete until the story poles and how many days that needs 24 to be before, let’s say, for example, if there was a study 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 93 1 session. That’s another item that we can put in there that 2 needs to be done so it’s clear and the applicant 3 understands, instead of just referring back to state law, 4 which then got convoluted. It’s an item that we definitely 5 need clean up on. 6 MAYOR SPECTOR: Ms. Jensen. 7 COUNCIL MEMBER JENSEN: I want to follow up on 8 this, and maybe there might be others, and then a different 9 topic. 10 All of the suggestions that I’m hearing have to 11 do with generalized planning processes, so they could 12 relate to this application, another application, a 13 different application, CVS, Alberto Way, whatever it might 14 be, and I’m wondering whether that is properly contained in 15 16 the particular document for a particular application like 17 the Specific Plan, or is more appropriately a look at the 18 planning process that doesn’t necessarily involve an 19 amendment to this, except perhaps like where it goes at 20 what time, depending upon whatever that review is? 21 JOEL PAULSON: That’s definitely possible. We can 22 look at our processes and try to get some of that 23 memorialized via policy or some other mechanism. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 94 1 ROBERT SCHULTZ: And certainly from my standpoint 2 the story pole could happen on any project, so you’re 3 correct, that issue could crop up again. The idea of having 4 a study session for every application throughout the Town, 5 I don't know if that’s always applicable. 6 COUNCIL MEMBER JENSEN: I wasn’t suggesting that, 7 I just wanted to understand whether or not it was more of a 8 comprehensive review of how this worked versus amendment to 9 the Specific Plan. 10 MAYOR SPECTOR: All right, before we go onto 11 other questions, I understand that the questions that we’re 12 now asking of Staff can segue into other issues, but 13 ultimately after we all complete our questions of Staff I 14 will be looking to Council for any suggestions they have 15 16 specifically related to the Specific Plan. Ms. Jensen. 17 COUNCIL MEMBER JENSEN: My next topic is sort 18 two, housing and heights, because I think they’re related. 19 We heard a number of suggestions regarding limiting the 20 heights of different buildings, and I’m assuming that for a 21 purely commercial building, that’s fine, we can do that. 22 I’m wondering what the answer is to limiting buildings that 23 also have housing, because can’t an applicant come in for a 24 height exception, or open space exception, or setback 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 95 1 exception, whatever it may be, under state density bonus 2 law regardless of what the Town sets as a height limit? 3 JOEL PAULSON: That’s correct. 4 COUNCIL MEMBER JENSEN: So the building that 5 would be permanently affected by a height limitation would 6 be standalone commercial or office building? 7 JOEL PAULSON: Correct. 8 COUNCIL MEMBER JENSEN: But once it has residents 9 in it, someone can ask for a density bonus under state law 10 and they can get an exception to that limitation? 11 JOEL PAULSON: That’s correct. 12 COUNCIL MEMBER JENSEN: Does it have to do with 13 open space as well, or that’s just a setback in terms of 14 the setback? 15 16 JOEL PAULSON: I’d look to the Town Attorney for 17 clarification, but I think they can request exceptions to a 18 number of various areas, and that would be one. If there is 19 a specific requirement, if they show why they can’t meet 20 that requirement and make that project work, then we would 21 have to review that request and make specific findings if 22 we thought that it wasn’t appropriate. 23 COUNCIL MEMBER JENSEN: Just so I understand, for 24 an amendment that opposes the height limitation, or open 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 96 1 space, or setback, or view corridor, or whatever it might 2 be, if that building includes a residential component and 3 the person asks for a density bonus, they can ask for an 4 exception for that, and we can’t do anything about that per 5 state law, correct? 6 ROBERT SCHULTZ: Correct. I think if you require 7 more open space, I don't know what the number would be, but 8 throwing out a 50% open space requirement and building that 9 can only be 25’ tall, I am quite certain you would get in 10 your next application a density bonus requirement and then 11 trying to obtain an exception for that. As you remember, 12 the more affordable units you put on, the more exceptions 13 you can ask for. 14 MAYOR SPECTOR: All right, let’s go to Ms. Sayoc, 15 16 please. 17 VICE MAYOR SAYOC: Specific to the height 18 requirement, the state density exception, that would apply 19 to any development in town that meets the criteria, 20 regardless of it’s on the North 40 or at the CVS property 21 is they decide to build an affordable… Well, that’s not 22 necessarily a zone, but any of the areas that are zoned 23 residential, if they meet the state density rules and 24 provisions, they can ask for these exceptions, correct? 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 97 1 ROBERT SCHULTZ: Correct. 2 MAYOR SPECTOR: Then let me follow up on that. 3 Does the exception apply no matter what the configuration 4 of the structure, i.e., can one ask for a height exception 5 for a cottage cluster? A cottage cluster would normally be, 6 I’ll make something up, 20’ high, and it’s an individual 7 unit home. Can you ask for, in some views, an unreasonable 8 exception in that scenario? 9 ROBERT SCHULTZ: There is a requirement of 10 feasibility, so as long as they can show that they need 11 that exception in order to be able to build the affordable 12 housing units or the density that you’ve requested at the 13 20 units, then yes, they’re allowed that. 14 MAYOR SPECTOR: Ms. Jensen, further questions? 15 16 COUNCIL MEMBER JENSEN: Yes, a different topic of 17 the open space. The Town has definitions of open space in 18 its General Plan and various other ordinances, how we 19 define it, what counts, what doesn’t count. The Specific 20 Plan has to be consistent with the General Plan, so can you 21 put the cart before the horse and change the open space 22 definition in the Specific Plan, then cause the other 23 things to be conforming, or do the other things have to be 24 conforming and make it open space? So can you do whatever 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 98 1 you want in the Specific Plan, but then you need to change 2 the other things, or the other things dictate what you can 3 do? 4 JOEL PAULSON: I’ll go ahead and start. I think 5 that you can, and we have in this instance. We don’t have a 6 30% requirement for open space in any other zone in the 7 Town. There is not that I recall a requirement for 30% open 8 space in the General Plan. You can do that. I think where 9 you would run into an issue where you’d have to modify 10 those documents is if it was in the General Plan that you 11 had to have 20% open space and the Specific Plan said you 12 only have to have 10%, so you reduce it. 13 ROBERT SCHULTZ: In a perfect world, when you do 14 that and you have in your General Plan an open space 15 16 requirement of 20%, and then your Specific Plan says 30%, 17 you’d at the same time go back to your General Plan and 18 says it’s 20% everywhere, but we’ve designated in the North 19 40 Specific Plan that it’s 30%, and then they are 20 consistent. That’s a perfect world, but like Joel said, if 21 you don’t and you’re more restrictive, then you’re all 22 right. 23 COUNCIL MEMBER JENSEN: A follow up to that, so 24 two follow ups. We heard about the state law that because 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 99 1 it identified that it had a certain number of parklands and 2 open spaces that we could not enact the state law that 3 required a developer to give us more open space for public 4 use for parks. That’s the Quimby Act. Given that, can the 5 Town then ask for more and say I want playgrounds, or 6 whatever it is that we’ve had the suggestions for, or a 7 community pool that ends up being a public use for public 8 recreation on a private property given that we’ve 9 identified that we have enough? 10 LAUREL PREVETTI: On thing the Town Council could 11 do with the Specific Plan is to identify what open space 12 counts towards the public open space. Right now the 13 Specific Plan identifies paseos and other elements that 14 could count toward public open space. We could very much 15 16 tighten that up if that’s the will of the Council. 17 In terms of things like community pools, that 18 would be something where if a developer is offering that we 19 could then work with them to see how we could handle it 20 from an operational standpoint, but there would not be a 21 nexus, so to speak, where we could require it upfront. 22 COUNCIL MEMBER JENSEN: And if the Town wanted to 23 do that, presumably it would buy the property and build a 24 pool. The same with a wildlife conservancy. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 100 1 LAUREL PREVETTI: True, yes, if there is a 2 significant amount that needs to be set aside for wildlife 3 corridors. We don’t have an EIR that supports the need for 4 that from a biological resource standpoint. 5 MAYOR SPECTOR: We have a question from Ms. 6 Sayoc. 7 VICE MAYOR SAYOC: To follow up on that, putting 8 a public easement requirement on private property, could we 9 do that? We could. Okay. 10 MAYOR SPECTOR: And just for the Council, how I 11 anticipate us moving forward is, for example, the Vice 12 Mayor at some point could verbalize ideas that she has for 13 tweaking the Specific Plan, and you might have that idea, 14 but that idea would then go through the General Plan, 15 16 Planning Commission, and the Council. It might survive, and 17 it might not. Ms. Jensen. 18 COUNCIL MEMBER JENSEN: I’m trying to lump these 19 into categories. Another suggestion that we had from a 20 couple people was that we needed to write something into 21 the Specific Plan that was going to designate a particular 22 number of affordable housing categories across the Specific 23 Plan area, i.e., I want ten Very Low, I want 20 Low, I want 24 whatever it is. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 101 1 I know from working on the Housing Element 2 Advisory Board that the state was not happy with that kind 3 of designation on our Affordable Housing Overlay Zones, 4 because we had designation of a certain percentage of that 5 zone to be at a certain income level, and the state came 6 back and said no, you can’t do that, because that’s unduly 7 restrictive of someone being able to come in and do that. 8 What I was hoping the staff could explain to us 9 is am I right that that’s a problem in trying to designate 10 it into particular income categories? If it’s not a 11 problem, can we actually dictate that to a developer? Thou 12 shall build ten Very Low whatever that might be? And if 13 we’re able to do that kind of designation, what does that 14 do to our certified Housing Element? 15 16 JOEL PAULSON: I think it becomes, as you 17 mentioned, the state perceives that as an additional 18 barrier to development. You’re basically setting the 19 parameters so strictly that you limit the opportunities for 20 development of the site, so it becomes a barrier to 21 development, so that would probably not be something that 22 the state would deem to be acceptable. 23 The Housing Element at that point, depending on 24 what that looked like, that’s a state amendment, so we’d 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 102 1 have to look at that. I think the potential amendment that 2 the Council could consider would be there’s been a lot of 3 talk about spreading units across, so whether you set a 4 minimum or a maximum number of acres, let’s say, in each 5 district, that’s something that we can probably work with 6 and that probably does not trigger Housing Element 7 modification, but I’d look to the attorney to confirm or 8 deny that. 9 ROBERT SCHULTZ: I think the quick answer is no, 10 we cannot do that. For a developer to come in, if we’re 11 talking deed restricted affordable housing units, they’re 12 not required to do that. Under this or any other, they can 13 develop it at the density that they want. In this case it 14 could be 270 units is what is picked, and if they want to 15 16 come in and do just 270 units, there’s no requirement that 17 we can do that requires that under the state density bonus 18 to say so many have to be affordable housing. Under a BMP 19 program we can require that, but not under the state 20 density program. 21 Then, as Joel said, if you start to get into 22 those categories where the state says are you trying to 23 make it so difficult that no housing can be done there, 24 then we get into the fact that when we just talk affordable 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 103 1 housing, where it gets mixed up is by state when it’s 20 2 units per acre. They determine that that is affordable 3 housing, even though we might not consider it affordable 4 housing, because as we heard during testimony, it was going 5 to cost over $1 million per unit. 6 So getting into the idea of we’re going to say 7 exactly how many units and what category they are is going 8 to be very difficult for the state to approve. 9 MAYOR SPECTOR: Mr. Rennie. 10 COUNCIL MEMBER RENNIE: Just a quick follow up. 11 We do have a BMP program where we require below market rate 12 houses, so the question is can we require what level of 13 below market in that program? 14 JOEL PAULSON: I can’t remember the exact 15 16 language, and I’ll try to pull it up, but I think there is 17 something in the Specific Plan that requires a minimum of 18 25% of the housing be BMPs. I just can’t remember if that 19 was in the Moderate and Low category, because our current 20 BMP guidelines for development require the units… Let’s say 21 you’re required to do ten, but you’re allowed to split 22 them; you do five Moderate and five Low. Rob is thumbing 23 through now to see if there is anything specific in there 24 regarding that, but that would be the BMP guidelines as 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 104 1 they are now. Above and beyond that, I guess you could 2 request it, but then you get into that slippery slope of 3 where does that start leaning towards an additional 4 barrier? 5 MAYOR SPECTOR: Ms. Jensen. 6 COUNCIL MEMBER JENSEN: This is a related 7 question with respect to the size of a unit. This did not 8 come up in the Housing Element Advisory Board, so I don't 9 know whether it affects anything or not, but once you 10 restrict a size of a unit does anyone on the staff have any 11 experience with how the state treats that as either causing 12 a barrier to housing, or not? 13 LAUREL PREVETTI: It wouldn’t be considered a 14 barrier. You would basically be introducing another housing 15 16 type or another parameter for your Specific Plan. I do want 17 to say though that micro units aren’t always affordable or 18 more affordable. I think the example in San Francisco where 19 there is so much pent up housing demand that builders are 20 happy to build micro units and create a lot of housing, but 21 then they’re still being sold or rented at market rates. So 22 we can certainly try to reduce the size of the units to 23 perhaps meet other objectives, but you may not achieve the 24 affordability that you might think. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 105 1 MAYOR SPECTOR: But you might increase your 2 chances from a 2,500 square foot unit. 3 LAUREL PREVETTI: Yes. 4 MAYOR SPECTOR: Ms. Jensen. 5 COUNCIL MEMBER JENSEN: Just a couple more. One 6 of the suggestions was mandatory underground parking, and 7 one of the parameters in addition to hopefully not changing 8 our certified Housing Element was not requiring a new EIR. 9 As I was listening to a suggestion about the underground 10 parking, I was wondering if you change by digging out the 11 parking, then you change drainage, you change utility, you 12 change whatever it may be, planting ability, landscaping 13 ability, dig up Indian burial, have you created the 14 potential for an EIR modification when you do that? 15 16 JOEL PAULSON: There are currently mitigation 17 measures in relation to cultural resources. The one that 18 pops into my head I can’t recall whether they’re going to 19 be bringing dirt on, so there is the potential for creating 20 additional off haul, which could create additional trips 21 from a hauling perspective. But there are specific 22 mitigation measures, and we’d have to run those models to 23 see if we’re still within those thresholds, and so that is 24 a potential, but we’d have to look closer at that. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 106 1 ROBERT SCHULTZ: I think that’s where you have to 2 look at the goals you’re trying to obtain. The minute you 3 do underground, that makes the cost of each unit go up, and 4 when you don’t have affordable deed restrictions on each, 5 then the developer obviously has to factor that into the 6 development costs. You are increasing costs any time you 7 dig basements or whatever, and in this case garages 8 underneath, so that’s going to be a factor toward your 9 affordability. 10 COUNCIL MEMBER JENSEN: I think just maybe three 11 or four more things. 12 One question, the Albright project was mentioned. 13 Is that a Planned Development? 14 JOEL PAULSON: We have two Alberto Way projects. 15 16 So the one at the corner of… 17 COUNCIL MEMBER JENSEN: I’m sorry, it’s 401, the 18 one that was just mentioned tonight. 19 JOEL PAULSON: That one is not a Planned 20 Development. They are coming in under current zoning 21 requirements. 22 COUNCIL MEMBER JENSEN: Does the Staff know the 23 square footage of Trader Joe’s and King’s Court shopping 24 center? 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 107 1 JOEL PAULSON: King’s Court shopping center is 2 approximately 80,000 square feet, and the Trader Joe’s, 3 which I believe is the Village Square, is approximately 4 46,000 square feet. 5 COUNCIL MEMBER JENSEN: Just two more. One is the 6 history of the North 40 vis-à-vis Highway 85, and I 7 happened to be at a Highway 85 Advisory Committee yesterday 8 where someone stood up and said that the corridor for 9 Highway 85 was mapped in 1956. Ms. Quintana was talking 10 about when did this happen, when did that happen, and I 11 know when I was doing the North 40 planning it didn’t have 12 anything to do with 85, it had to do with unifying property 13 owners for infrastructure essentially, so I was wondering 14 if the Town had any input on the history of… Was that part 15 16 of the Town, was that not part of the Town, and did Highway 17 85 have anything to do with it? 18 JOEL PAULSON: I don’t have that information, 19 unfortunately. 20 COUNCIL MEMBER JENSEN: And the last thing, I 21 promised I would ask Mr. Morley how he would figure out 22 real time traffic counts for conditions that didn’t yet 23 exist? 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 108 1 MATT MORLEY: That’s a bit of a puzzle. I think 2 that as you suggested, I’ll point to the ITE and the 3 standards that are set forth both by regional 4 transportation organizations and the Town General Plan on 5 how to measure traffic. I’d also point out that from the 6 Town’s perspective having a baseline that’s set earlier is 7 probably an advantage, because it causes the developer to 8 mitigate for impacts that are occurring between the 9 baseline is set and the actual development. 10 COUNCIL MEMBER JENSEN: One more follow up on 11 that traffic and potential EIR risk studies. One of the 12 suggestions is to spread housing out, change whatever 13 commercial is, et cetera, I know from having studied this 14 that, for example, mixed-use development potentially has a 15 16 different kind of traffic count than another kind of 17 development. I know that medical office is a very, very 18 high traffic count. I know that office is a pretty high 19 traffic count. I’m not sure where residential falls under 20 that conundrum, so once you change where the distribution 21 of housing is and the types, mixed-use, cottage cluster, 22 whatever it might be, do you change the traffic patterns 23 significantly enough that you would now open up your study? 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 109 1 MATT MORLEY: Potentially, we’d want to take a 2 look at that at a high level. The North 40 is in a unique 3 location with the access to freeways being as it is, and 4 the trip distribution there may not change significantly 5 based on what type of development is where, but we’d really 6 want to take a look at that from a traffic engineering 7 perspective if that’s a direction that was being 8 considered. 9 JOEL PAULSON: I just offer that when the EIR was 10 completed it actually looked at 364 residential units and 11 580,000 square feet of commercial, so we do have some 12 cushion in there. That relocation, we definitely can go 13 through that analysis, but it more than likely would not 14 require additional environmental review. 15 16 COUNCIL MEMBER JENSEN: Thank you. I think that’s 17 it. 18 MAYOR SPECTOR: Thank you. Mr. Rennie. 19 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 20 If I could continue on the traffic idea, there was one 21 speaker that suggested traffic improvements, which I think 22 most of were actually in the proposal. The proposal 23 includes a second lane onto the highway; they mentioned 24 that. Saving land along Los Gatos Boulevard to eventually 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 110 1 put in a third lane on that side of it. I think there is 2 also a third left-turn lane from Los Gatos Boulevard to 3 Lark, and a third left-turn lane from Lark to Los Gatos 4 Boulevard. I understand those are all part of the current 5 proposal. Are those tied to this proposal, or are they tied 6 to any future proposal also, we get that no matter what 7 comes in the future instead? 8 MATT MORLEY: They’re required because of the 9 CEQA work done through the Traffic Impact Analysis and 10 would be a required mitigation. Where they occur depends on 11 the size of the project and the project that is put 12 forward. The project that came forward initially in the 13 North 40 included those improvements with a future fair 14 share contribution by the next projects that come along. 15 16 COUNCIL MEMBER RENNIE: And everything I 17 mentioned was correct, right? 18 MATT MORLEY: Correct. 19 ROBERT SCHULTZ: That kind of goes along with 20 what I was saying earlier about the benefit of a Specific 21 Plan. Because you have an EIR attached to that you can get 22 that done by this developer, but if you did not have a 23 Specific Plan then the development would come in as a 24 development, and that project alone would have to do its 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 111 1 own new CEQA and you may not get all of those lanes, like I 2 said, if it was just for a three or four acre parcel that 3 was being developed. Clearly it wouldn’t require three 4 lanes and all of those other improvements. 5 COUNCIL MEMBER RENNIE: But we might get money 6 instead, which gets accumulated with others and eventually 7 get those improvements? 8 ROBERT SCHULTZ: Yes, true. 9 MAYOR SPECTOR: Other questions of Staff? Ms. 10 Jensen. 11 COUNCIL MEMBER JENSEN: Just wanted to follow up 12 on that to make sure I understand. I know that the CEQA and 13 the EIR had mitigation measures for traffic improvements 14 that need to take place for a certain amount of stuff that 15 16 was studied. The current denied application proposed 17 various things. I take it that because it is denied those 18 things no longer need to be constructed by certainly this 19 developer or this application? So if I came in and I owned, 20 let’s say, property by Burton Road or something, I wouldn’t 21 have to construct all of the things that were proposed on 22 this development, correct? I could just do my portion? 23 ROBERT SCHULTZ: Correct. 24 MAYOR SPECTOR: Mr. Rennie. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 112 1 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 2 I had a question related to another comment a speaker had. 3 They suggested a 300’ planting strip of trees on 17, and 4 I’m actually not good at all on how to figure out how many 5 acres that is taking up. Mr. Spilsbury left, so I can’t ask 6 him. I wonder if you have any idea how many acres 300’ 7 along the 17 would take up? 8 JOEL PAULSON: If you give me a couple of 9 seconds, I’ll run a rough calculation. 10 COUNCIL MEMBER RENNIE: Okay, thanks. 11 MAYOR SPECTOR: Other questions? On my left side, 12 Ms. Sayoc. 13 VICE MAYOR SAYOC: I’ll start off with two easy 14 ones first, and then the third more general one. 15 16 Have there been any other applications that have 17 been submitted, specifically the discussion of the hotel? 18 JOEL PAULSON: No applications for the North 40 19 have been submitted. 20 VICE MAYOR SAYOC: Has anyone given any 21 inclination of submitting anything any time soon? 22 JOEL PAULSON: Staff has had a number of 23 conversations with individuals, because there are some 24 parcels near the Burton intersection that are currently 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 113 1 being marketed, so we have a lot of discussions on 2 potential applications. Generally, depending on the 3 application, we suggest that they go through the CDAC, so 4 that really would be probably the first step that someone 5 would go through if any application was serious and someone 6 had the property under contract. 7 VICE MAYOR SAYOC: The next question with regard 8 to process, there was a question in the Staff Report about 9 why the sequence of meetings and why those couldn’t be fast 10 tracked. I know there are certain noticing requirements 11 with each meeting, but can you talk about realistically is 12 that the earliest? What are some of the other things on 13 Staff’s workload that basically trumps this? I know we have 14 several things that have been waiting. 15 16 JOEL PAULSON: Staff does have a resource 17 challenge. Frankly, I even think this is aggressive. To 18 assume we’ll get through amendments, through the General 19 Plan Committee, Planning Commission, and Town Council in 20 one meeting may or may not be realistic, but I think given 21 the length of time that we spent on the Specific Plan this 22 approximately three-month process is pretty quick. But if 23 the Council has other considerations, we can look at having 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 114 1 additional special meetings with the Planning Commission 2 and/or General Plan Committee. 3 VICE MAYOR SAYOC: Follow up on that. I know 4 there are only a certain amount of times you can change 5 your General Plan, and so the a Specific Plan change would 6 also fall under those requirements of you can’t… I forgot, 7 is it four times a year that we can only change our General 8 Plan? 9 JOEL PAULSON: Generally it’s four times per 10 element per year, so we probably would not have an issue 11 there, and depending on the amendment it may not even 12 require amendments to the Specific Plan, but we would 13 analyze that, depending on what the Council’s direction 14 was. 15 16 VICE MAYOR SAYOC: Then my last question, it’s 17 more of the future RHNA, the regional housing allocation 18 that we always have to deal with every eight years. There 19 has been talk about different scenarios, all commercial, 20 all residential, but one of the things that has been 21 brought up is more office space. I know we have to maintain 22 this jobs/housing balance, and I know we haven’t set the 23 allocation formulas yet, but should I not be worried that 24 the more office buildings we intend to put there could in 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 115 1 the future mean more housing somewhere else in town? Is 2 that silly to be worried about that? 3 LAUREL PREVETTI: It’s not silly at all; we just 4 don’t know what the methodology is going to be, whether 5 it’s going to be a jobs/housing balance, whether it’s going 6 to be the increment of new jobs that have occurred over 7 some period of time versus what is prospective. It’s very 8 hard to say. We are looking at perhaps having Santa Clara 9 County figure out its own methodology next time around, so 10 we might have a little bit more say in what those factors 11 are. 12 I think for the Council the best thing that you 13 can do for the North 40 is really plan what you would like 14 to see there in terms of land uses, in terms of 15 16 preferences, and that’s really the best planning that we 17 could do for our town. 18 MAYOR SPECTOR: Let me follow up on that with 19 Staff. We talk about things, throw out words like “We are 20 going to have a hotel,” or, “We are going to have offices,” 21 but what we, the Council, will be doing is possibly 22 amending the Specific Plan in a limited fashion that 23 doesn’t require a modification of the General Plan or of 24 the EIR. So we could say we want it to be all office, or we 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 116 1 change the Specific Plan to be all office, but as a 2 practical matter the Specific Plan will more likely than 3 not survive with options that will be dependent upon the 4 developer to decide what options he or she chooses. 5 LAUREL PREVETTI: That’s correct, and that’s why 6 it’s really important that if there are certain things that 7 you want to see in certain districts, that we clarify that 8 now, so that way there is certainty for those things that 9 you absolutely want to see, and then those things where 10 you’re more flexible, you leave it more general, so that 11 way the market can determine what will work best at that 12 time. 13 MAYOR SPECTOR: Other questions before we get 14 into our discussion? Seeing none, I see a question from 15 16 Staff. Mr. Paulson, you don’t have a question, you have an 17 answer. 18 JOEL PAULSON: I do, and I will preface this by 19 saying that this is a rough order of magnitude number, but 20 plus or minus two acres it’s probably in the 17 or 18 acre 21 range. One of the widest points of the Specific Plan area, 22 the depth of the entire site from Los Gatos Boulevard to 23 Highway 17 is about 880’, and then it pitches down and you 24 wrap around as you get up towards Highway 85. It’s a pretty 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 117 1 significant amount if you have a 300’ swath, and that’s 2 really just looking along the highway frontages; that 3 wouldn’t include Lark or Los Gatos Boulevard. 4 MAYOR SPECTOR: Ms. Jensen. 5 COUNCIL MEMBER JENSEN: Before we have our 6 discussion I just want to understand what precisely the 7 expectation is, that we’re simply going to make 8 suggestions, they’re not going to take the form of a 9 motion, and that those suggestions are then going to be 10 vetted by the GPC, the Planning Commission, and eventually 11 the Town Council if any of them come through? 12 MAYOR SPECTOR: What Staff anticipates we will do 13 now, although not every Councilperson has to do exactly the 14 same thing, is that each Councilperson will have 15 16 suggestions as to how the Specific Plan might be modified. 17 Ms. Prevetti will be taking notes. When everybody on the 18 Council who wants to speak has spoken, I will look at her 19 and I will say, “Do you need anything further?” and she 20 will tell me yes or no. 21 ROBERT SCHULTZ: I think that’s an excellent 22 process, but at the end of that I think there is one motion 23 we’d like to have, and that’s at least a motion saying that 24 you agreed to allow the process to go forward with the 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 118 1 potential amendments through the GPC and the Planning 2 Commission and back to you. You’re not saying these 3 amendments are going to occur, and you can still say at the 4 end I want no amendments, but I think we still need on the 5 record that the Council, or at least the Council majority, 6 wanted us to go through this process with the committees. 7 MAYOR SPECTOR: The General Plan Committee, the 8 Planning Commission, and back to Council. All right, will 9 you just remind us? I think I’ll remember. Now it’s back to 10 us. Mr. Leonardis. 11 COUNCIL MEMBER LEONARDIS: One last question. 12 What is the current status of the Grosvenor, the Eden 13 Housing, and the SummerHill Homes folks? I don’t see any 14 presence at this meeting this evening. Are they still 15 16 interested in this process? 17 ROBERT SCHULTZ: I was going to make a joke, but 18 th I won’t. The final decision was made September 6, so under 19 state law they have 90 days in which they can file 20 litigation. They have requested to look at certain files 21 that are open to anyone, public records, but that’s from my 22 standpoint, all I have heard from the parties. 23 MAYOR SPECTOR: Did you say they have until 24 th December 6 to file suit? 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 119 1 ROBERT SCHULTZ: Ninety days, whatever. There 2 might be the 31 days in October, but it’s 90 days from your 3 th decision on September 6. 4 MAYOR SPECTOR: Okay, good. Ms. Sayoc. 5 VICE MAYOR SAYOC: Just so I understand the 6 process, we can throw out ideas, this thing goes to the 7 General Plan Committee, they hold a public hearing and they 8 hear testimony. Are we envisioning that they come to some 9 consensus on what revised amendments would look like to the 10 Specific Plan that they then send to the Planning 11 Commission, or are they also throwing out ideas? 12 MAYOR SPECTOR: I’m going to jump in then, 13 because sometimes the word “consensus”… I’m assuming the 14 General Plan Committee will be making motions, and the 15 16 Planning Commission will be making motions. 17 JOEL PAULSON: We will definitely be looking for 18 motions. Sometimes those will fall to consensus or majority 19 if you don’t want use consensus but the majority. I 20 anticipate they will take into consideration all of your 21 suggestions. They may come up with their own suggestions as 22 well, both the GPC and the Planning Commission, and then 23 all of that would get rolled forward to the Council for a 24 final determination. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 120 1 VICE MAYOR SAYOC: May I have a follow up? What 2 will come back to Council, a redlined version of the 3 Specific Plan? 4 JOEL PAULSON: Yes. 5 VICE MAYOR SAYOC: Okay. 6 MAYOR SPECTOR: Redlined by the determinations 7 made ultimately by the Planning Commission before it gets 8 to us? 9 JOEL PAULSON: Correct. 10 MAYOR SPECTOR: Ms. Jensen. 11 COUNCIL MEMBER JENSEN: Another process question, 12 I guess. Other times when the Council has looked at 13 modifications of various things there has often been 14 discussion around should the Council tell those advisory 15 16 bodies what to do, i.e., the Council says Alcohol Policy 17 should be like blah-blah, and then the controversy is 18 should we be telling them that, or should they be figuring 19 it out? This is kind of a different thing where we’re 20 telling them that. Do they have the option to say no, we 21 don’t like it and we think it is just fine the way it is? 22 MAYOR SPECTOR: I know the answer from Staff’s 23 point of view, but I will defer to Ms. Prevetti. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 121 1 LAUREL PREVETTI: Thank you. We’ve been careful 2 in the Staff Reports coming up to this evening to say 3 really this evening we are identifying potential 4 amendments, so you’re not yet making a recommendation or 5 directing a particular answer. You have advisory bodies to 6 assist you with your final decision making after they’ve 7 considered all the material, and they may winnow it down a 8 little bit or maybe add to it; I didn’t really anticipate 9 that part, but I guess conceptually they could do that. But 10 ultimately they will be making recommendations, and then 11 you are the final deciding body under state law for 12 amendments to the Specific Plan. 13 MAYOR SPECTOR: Ms. Jensen. 14 COUNCIL MEMBER JENSEN: Just a final follow up. 15 16 I’m assuming that the members of the public who have made 17 suggestions tonight and they don’t hear those become part 18 of the “identified” amendment can go to those other 19 meetings and say, “Why don’t you consider the suggestion 20 that I had?” and there could be a universe of things. They 21 could take Council’s suggestions. They could take 22 additional suggestions from members of the public and they 23 could recommend those. They could recommend the Council. Or 24 they could recommend nothing. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 122 1 JOEL PAULSON: That’s correct. 2 COUNCIL MEMBER JENSEN: Okay. 3 MAYOR SPECTOR: Seeing no arms up for questions, 4 I will go back now to the Council for your input, if any, 5 on the Specific Plan. Mr. Rennie. 6 COUNCIL MEMBER RENNIE: I’ll go ahead and make my 7 first suggestion. When I was thinking about these my 8 understanding was we were not trying to do any major 9 rewrites and that we were supposed to tie them back to 10 reasons for denial, so my list is a little bit limited by 11 what I thought the parameters were. 12 The first thing I would suggest is in the Lark 13 perimeter area we set a maximum density of eight units per 14 acre, and possibly the perimeter district should be made a 15 16 bit larger. We should remove the requirement for cottage 17 clusters so that it makes it easier for these eight units 18 per acre to go there. We should increase the total units on 19 the North 40, because currently all the 270 units have to 20 be built at 20 units per acre, so we have to increase by 21 the number that could fit in this eight units per acre in 22 that perimeter. 23 So that would be my first suggestion. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 123 1 MAYOR SPECTOR: Let me respond to the extent that 2 you do not… The reason for denial is not the only input 3 that you can give. Staff wants to weigh in on that. 4 JOEL PAULSON: That’s correct. We’re open to all 5 suggestions. 6 COUNCIL MEMBER RENNIE: I forgot to tie in. What 7 I was targeting was this idea of we want less intensity at 8 Lark and increasing intensity as we go across, so that’s 9 why I’m suggesting limiting the density and adding more 10 houses to allow us to limit the density starting at Lark. 11 Again, that was one of our reasons for denial, and that’s 12 why I came up with that one. 13 MAYOR SPECTOR: Ms. Jensen. 14 COUNCIL MEMBER JENSEN: I’m sorry for beating a 15 16 dead horse, but I just wanted to make sure I understand 17 what we’re doing here. When the Councilpeople raise their 18 hands and they say, “I have the following suggestions for 19 amendments,” and there’s not going to be a motion, I take 20 it that there is further opportunity to support, argue 21 against, be neutral, but right now what we’re doing is 22 we’re stating something and we’re not having a debate on 23 it, because we’re not having a motion. Am I right about 24 that? 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 124 1 MAYOR SPECTOR: Yes and no. I mean, you can say 2 whatever you want. 3 COUNCIL MEMBER JENSEN: To what end? If we’re 4 just saying my suggestion is XYZ and we’re not going to 5 have a motion to vote on it, then I’m wondering what the 6 value is in arguing the point. 7 MAYOR SPECTOR: We’re making suggestions and 8 Staff is taking note of them, unless nobody has suggestions 9 except Mr. Rennie. Mr. Leonardis. 10 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 11 Spector. I was just going through a list of things that I 12 heard primarily from the public and the many pieces of 13 correspondence that we’ve received on this, and some of you 14 may have heard some of these things before. 15 16 One, underground parking. Explored. 17 Two, more open space. 18 Three, housing units spread across all three 19 zones. 20 Four, CUPs for the commercial or the Business 21 District. 22 Five, widening Los Gatos Boulevard. 23 Six, “shalls” instead of “should.” I think I got 24 that right. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 125 1 Seven, smaller, more affordable units. 2 That’s all I have so far. 3 MAYOR SPECTOR: All right, well let me follow up 4 on Mr. Leonardis. He’s more succinct than I might be. 5 First of all, I know there were some people who 6 hoped that the North 40 consideration would take a bigger 7 break than we’ve had, but I appreciate all the information 8 that we received over the last two months. It may have been 9 difficult sometimes, but I think what we’re doing now is 10 not only going to be helpful to the Town, but to any future 11 applicants, the property owners, and the Staff, so thank 12 you, everybody. 13 What I am going to suggest or put out there, it 14 overlaps a lot with what Mr. Leonardis said, maybe in a 15 16 little more detail. 17 In residential, smaller units, maybe 900 to 1,500 18 square feet. 19 No CUPs for cottage clusters. 20 Apply the Town’s BMP Ordinance. 21 Spread the units throughout the North 40. 22 On residential, the last input I have is really a 23 question, and it’s not a question now, but it will be a 24 question as it goes down the road. Is it possible for the 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 126 1 Town to allow a developer to have a density bonus if the 2 developer requests it, but not necessarily has those 13.5 3 acres in a certain location, i.e., spread throughout the 4 property? 5 With respect to commercial, have the CUP 6 requirements be the same as downtown. Then when we have the 7 CUPs and you look at the CUP Ordinance, which is 29.20.190, 8 have the deciding bodies then use the CUP findings to look 9 to what they would like on the North 40, i.e., commercial 10 uses for the northern part of town, the North 40, and the 11 adjoining northern portion of Los Gatos. Have these uses, 12 have a Market Hall, but have these commercial uses be in 13 the Market Hall. In other words, have the CUPs and then use 14 the findings required of a CUP to address our unmet needs. 15 16 With respect to the Guiding Principles, confirm 17 that the Guiding Principles have wording in the Specific 18 Plan that has mandates… First of all, that it’s in the 19 Specific Plan, and that it’s mandatory language rather than 20 permissive language. 21 Have real open space. 22 I’m not sure about underground parking, because I 23 don't know about all the ramifications, but conceptually 24 consider underground parking. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 127 1 Right now that all I have. Mr. Rennie. 2 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 3 I have some more on my list, but I want to maybe add to my 4 list from what I’m hearing. 5 I heard quite a bit of spread the units all over 6 the North 40, and it concerns me because I can’t come up 7 with a visual of what that looks like, so I would say if 8 we’re going to spread units we need to find a way that 9 they’re in neighborhoods. You don’t just randomly put a few 10 houses, and then some commercial, and then a few houses. I 11 mean, imagine going down Santa Cruz Boulevard and having 12 one block of townhouse, and then one block of commercial, 13 and then a block of townhouse. 14 I’m trying to understand if we only allow, let’s 15 16 say, 80 units in the Lark District, at 20 units per acre 17 that’s only four acres out of the Lark District, which is 18 11 acres. So what do we do with the rest of those acres? I 19 don’t think we can require all the rest of that to be open 20 space without it turning into a taking, and if we would 21 require all the rest of it to be open space, it would be 22 even more open space, because I’m assuming you wouldn’t 23 have four acres that are solid block. The first thing on my 24 list then would be to make sure that you somehow have a 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 128 1 vision of how you’re spreading these units to make it fit 2 with the other uses and fit in this neighborhood idea. 3 Let me go to my second one. I would also suggest 4 that we don’t allow residential on Los Gatos Boulevard, 5 that we only allow commercial or mixed-use on Los Gatos 6 Boulevard. That’s what’s there now, and the current 7 proposal tried to stick two houses in there that seemed out 8 of place, so that would be another proposal. 9 Next on my list, which I know will be unpopular 10 with some, but I would argue we should increase the height 11 about to where we had it at 45’, as long as there is more 12 open space. I feel pretty strongly that that’s going to 13 create a better development, because we can get fewer tall 14 buildings that can be aligned with views between them, and 15 16 we don’t end up with this squashed warehouse look. Because 17 remember, we’ve got to build 20 units per acre. Some people 18 suggested dropping the height limit to 25’. I don't know 19 how we’d get 20 units per acre in a 25’ limit without 20 squashing things even more and having nothing between the 21 buildings. 22 I think more importantly, by going to the 45’ 23 height with more open space we can get a podium style 24 building where we can get underground parking. We can now 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 129 1 have room to put an elevator in it so that you have the 2 shaft that sticks up a little bit, so there’s room for the 3 shaft, so now you can build a unit that has elevators and 4 you can do single floor flats, which are going to be 5 appealing to seniors and hopefully Gen-Yers. 6 We can much better address our unmet needs by 7 allowing some height. We can address the view corridors and 8 I think end up with a better development that way. 9 Next on my list, I think you mentioned it, was to 10 reduce the max size of some of the units. I would have said 11 1,700 square feet max, again, to sort of encourage less 12 expensive units. 13 I think that’s it for now. 14 MAYOR SPECTOR: Thank you. Mr. Leonardis. 15 16 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 17 Spector. Before when I gave my list it was only a partial 18 list just to start the conversation, but gleaning further 19 from the public testimony and the many pieces of 20 correspondence that we received, there was mention of 21 senior housing being at ground level, and the opposite of 22 what Mr. Rennie just said, the height of the residential 23 reduced to 25’. 24 Public access easements for the open space. 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 130 1 This was said at our last meeting. When we look 2 at this project in terms of the Lark District, the 3 Transition District, and the Northern District, I think 4 it’s important that we look at it in terms of the entirety 5 of the project. The direction that the project started 6 going in was just the Lark District was going to get built, 7 and perhaps those districts may get built down the line by 8 someone else, or maybe not, or how soon, or what’s actually 9 going to go there. I want to look at it as one entire 10 project and a commitment to what is going where is decided 11 up front. It may not be all built at once, but it has to be 12 determined up front. If the hotel is going in the Northern 13 District, that’s what will ultimately go there. It won’t 14 change later that we say there’s a hotel going there and 15 16 there will be more housing there or something like that. 17 The possibility of moving the houses away from 18 Highway 17 and putting commercial out there. There were 19 folks that spoke of health risks; black lung or whatever 20 was mentioned. If we have an opportunity to look at this 21 thing again, maybe we should look at putting the commercial 22 out there, or putting office out there, or something 23 possibly. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 131 1 Exploring commercial in the Lark District; Mr. 2 Spilsbury mentioned that. I think that’s a good idea, 3 because I think commercial could be accessed easily off of 4 Lark Avenue by turning right into that project from Los 5 Gatos Boulevard. 6 More than one speaker mentioned preservation of 7 existing live oak trees. I think that’s important as well. 8 I don't know about planting more live oaks, perhaps that 9 can be explored, but preservation of what exists out there. 10 MAYOR SPECTOR: Thank you. Mr. Rennie. 11 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 12 I want to add one more to my list. 13 I think you mentioned CUPs. I’d like to suggest 14 an alternate to CUPs. My concern with CUPs is they just add 15 16 a lot of red tape, they add work to Staff because they’ve 17 got to take it through Planning Commission, and it adds 18 work for the Planning Commission. Since we’re sending this 19 to be thought about, I’d like to have it thought about that 20 we put maximums instead of CUPs. If we’re worried about 21 them becoming a restaurant row, let’s say no more than 22 50,000 square feet of restaurant total in the whole thing. 23 I would even be willing to consider that in our downtown if 24 you wanted to remove CUPs from restaurants and we set it as 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 132 1 a maximum. That way it only needs to be reviewed by Staff, 2 and we don’t have to burden the whole system with it. It 3 costs more for the development/landlord and so forth to get 4 it through the whole process, so I’d like the thought of 5 using maximums rather than a review every time. 6 MAYOR SPECTOR: Right now we have Mr. Leonardis. 7 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 8 Spector. One other point that was brought up is a potential 9 reduction in the amount of commercial space. It was 10 mentioned that 400,000-and-something square feet is about 11 double the size of our downtown, it’s about the size of 12 Santana Row, and there are many folks in the public who 13 believe that brings too much intensity, as well the traffic 14 that comes with it, was well the pressure on our downtown 15 16 to survive. I think it should be seriously looked at more 17 in terms of things like neighborhood serving retail centers 18 like King’s Court or the Trader Joe’s center, and more in 19 terms of if we do need a boutique hotel or something out 20 there, that’s how it should be viewed, as opposed to tons 21 and tons of shops in a Santana Row-like manner. 22 MAYOR SPECTOR: Before I go, Ms. Sayoc, you had 23 your hand up. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 133 1 VICE MAYOR SAYOC: The only thing I wanted to add 2 was just process-wise, amend I’m probably reiterating this, 3 with each series of meetings we have an extensive mailing 4 list now, that we make sure everyone is involved, and 5 similar to with the earlier meetings we invite all four 6 school districts, and since we’re talking about CUPs and 7 different business-related items that we ensure the Chamber 8 is invited. So I just wanted to double check with that. 9 The other thing I want to clarify is, again, if 10 an application were to come in tomorrow that the noticing 11 that we had talked about with just alerting the public 12 earlier on, I’d like to make sure that we do all that we 13 can. I personally like study sessions, so anything that we 14 can do to ensure that the public is aware and has a chance 15 16 to look at it before we deem the application complete. 17 MAYOR SPECTOR: Ms. Jensen. 18 COUNCIL MEMBER JENSEN: Following up on the Vice 19 Mayor’s comments, when we started out there was a lot of 20 discussion about how can we change the process so that we 21 didn’t have applications deemed complete before we were in 22 a time crunch to figure out a decision, so that struck me 23 as a comprehensive review of how we brought plans through. 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 134 1 Not necessarily a suggestion for an amendment to 2 the Specific Plan, however, to the extent that there is 3 language in the Specific Plan that might be inconsistent 4 with that, then my suggestion would be that we conform the 5 Specific Plan to whatever it is that we changed with 6 respect to that planning process, and if that includes 7 story poles, which are not in the Specific Plan at all and 8 not in the planning process… 9 And those are problematic, because you can’t put 10 up a story pole if you don’t have an application, and 11 people think that the story poles means that the 12 application is done and it’s going to happen, but it 13 happens at a different time. It’s very difficult to figure 14 out how you would make that work, but to the extent that we 15 16 change the planning process and notification process, then 17 I’m with the Vice Mayor. 18 I’m not going to comment on most of the things 19 that were suggested, because I understood that Mr. 20 Leonardis was essentially echoing what the public brought 21 up, and that’s on the record. 22 The only thing that I would comment on with 23 respect to what he mentioned was one, my concern is if you 24 were to put a strip mall, I’m going to call it, like Trader 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 135 1 Joe’s or King’s Court, on the corner of Lark and Los Gatos 2 Boulevard, have you created something that’s more traffic 3 intense than the current Specific Plan or housing? Because 4 presumably you’re going to have a parking lot with cars 5 going in and out on that corner, which is going to conflict 6 with the carwash, the houses, the freeway entrance, et 7 cetera, so is that going to trigger a traffic study if we 8 were to do that kind of thing? 9 The second thing that I wanted to comment on that 10 he had mentioned was widening Los Gatos Boulevard. That 11 doesn’t seem to me to be part of the Specific Plan and I 12 don't know how we could require it, because it wasn’t 13 required as a mitigation measure and it would obviously 14 take a capital investment by the Town to do eminent domain 15 16 for all those properties and have to buy them, and I don't 17 know that we even begin to have that kind of money. 18 The last thing that I would comment on—I’ve been 19 very vocal about this, so I’ll just stick to my guns—is I 20 don’t think that CUPs for commercial on the North 40 is the 21 way to go, and I voted that way earlier. I think that 22 easing restrictions on the downtown makes more sense, 23 particularly in an environment where the retail and 24 restaurant is changing so rapidly and you don’t have to 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 136 1 show up for basically anything except to eat. The retail 2 environment is I can buy anything sitting at my desk at my 3 computer, so why would I go somewhere and buy it? What I 4 think we should be doing is allowing the downtown to be 5 innovative and respond to the market, and it may be that a 6 big space works today but a small space works tomorrow, so 7 limiting square footages to me doesn’t necessarily allow 8 for that kind of flexibility and innovation, so I don’t 9 think the CUP is the way to go, so I would go on the record 10 as saying that I’m opposed to that amendment. 11 MAYOR SPECTOR: Mr. Rennie. 12 COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. 13 I want to make sure that we remember the intent, at least 14 the intent that I captured from the current Specific Plan 15 16 for protecting downtown, was to try to have neighborhood 17 serving commercial, so that’s one kind of commercial, and 18 then the second part was we were trying to drive for 19 capturing that sort of general merchandizing leakage that 20 goes out of the Town, so nobody is going to come downtown 21 for those. People have fantasized about REI moving over, or 22 something like that. 23 What we originally were trying to protect 24 downtown with was focusing on those two types, and then we 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 137 1 keep forgetting that office is in it also, but maybe the 2 thoughts that GPC and Planning Commission, they can think 3 more about how do we make the stuff that’s near residential 4 be truly neighborhood serving and not shoe stores and 5 handbag stores that draw people away from downtown, and 6 then how do we get the other portion of it to be general 7 merchandizing, again, without creating a food court and a 8 bunch of small stores with dress shops and so forth? I 9 think that’s what the first Specific Plan was trying to get 10 at, but if there aren’t strong enough ways to support it in 11 there, maybe they can come up with something. 12 MAYOR SPECTOR: Let me just comment on some of 13 the things that have been said mainly by Mr. Leonardis and 14 Mr. Rennie. 15 16 I agree that however we ultimately do it, whether 17 it’s through 29.21.190 or whatever, that we try to address 18 the commercial needs that have been previously identified: 19 general merchandise, building materials, and resident 20 serving businesses defined as the north part of Los Gatos 21 and the North 40. 22 I would definitely consider reducing the total 23 amount of commercial square footage within the paradigm of 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 138 1 addressing our unmet needs; that was something that Mr. 2 Leonardis mentioned. 3 This one I’m going both ways. When Mr. Rennie 4 said he would consider a 45’ building, I thought oh, no. 5 But then when we talked about having flats with elevators 6 that would accommodate seniors, then I thought maybe it’s 7 not so bad, so I am conflicted on that one. But then when 8 Mr. Leonardis mentioned reducing it to 25’, that seems like 9 a good idea also, again, to make it smaller and more 10 accessible, so I’m balancing both of those, I don't know. 11 Then I think it was Mr. Rennie who mentioned 12 rather than CUPs do the maximum square footage. That is 13 something that the North 40 Advisory Committee explored for 14 several years and actually has it somewhere in the North 40 15 16 Specific Plan, probably in some appendix, but it never made 17 it to the front pages. 18 Mr. Leonardis. 19 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 20 Spector. A couple more things. 21 One is there was mention of a community pool, and 22 I understand the Quimby Act and those kinds of things, but 23 I always thought bringing the public into the North 40 is a 24 good idea. Every great neighborhood in Los Gatos has a 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 139 1 great park, whether it’s Blossom Hill Park, or Oak Meadow 2 Park, or you name it, Belgatos Park, they’re all 3 neighborhood type parks, and I don't know why the Town 4 would not consider trying to acquire some land if we have 5 to pay for it to put in a park that is open to the public, 6 or as one of the speakers mentioned, a community pool. 7 Morgan Hill has a beautiful community pool, and it gets 8 well used as part of their community center. I think Los 9 Gatos is lacking that kind of an amenity. 10 The other thing I want to mention about the CUP 11 process, there is talk of lightening up CUPs downtown, and 12 that may be in the future, but one of the speakers said we 13 have to live in the present. I just want to see a level 14 playing field. I don’t want to see one area of town have a 15 16 competitive advantage over the other area of town in that 17 regard. 18 We also have to take into consideration our 19 downtown residents and what their needs are. There are a 20 lot of folks who live around the downtown, and there will 21 be folks who live around the businesses in the North 40 as 22 well, and we have to protect their quiet enjoyment. We just 23 can’t have businesses running and partying until 4:00am. It 24 might sound like a great idea. We don’t think of those 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 140 1 unintended consequences when we’re doing these things. I do 2 appreciate the fact that if a number of businesses were to 3 come in all at once there would be a backlog of folks 4 lining up trying to have their CUP hearings and all those 5 kinds of things, but I think we have to come up with a 6 process to handle something like that later on. 7 I think the most important thing is that we 8 protect the residents, their quiet enjoyment, and make it a 9 level playing field for now. If we decide later, or a 10 future Council decides later, to loosen up CUP regulations 11 to change with the times or whatever downtown, then that 12 can also take effect in the North 40, but to give one a 13 competitive advantage over the other I don’t think is 14 something that should be considered at this point in time I 15 16 think going with the CUP requirements. 17 MAYOR SPECTOR: I don’t see any hands. Then I’m 18 going to go to Staff. I guess the question would be do you 19 need anything else from us. Do you have any questions of 20 us? 21 LAUREL PREVETTI: I think there are a lot of 22 ideas, and thank you to the public as well, since those are 23 clearly reflected, and all these ideas, there’s still going 24 to be a lot of room for I would say discretion, so Staff 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 141 1 will do our very best to try to translate this guidance, 2 things like what Council Member Rennie suggested in terms 3 of increasing the total number of housing units beyond the 4 270 in order to achieve our affordable requirement. That’s 5 an option that we can explore. 6 I was just doing a little bit of math. I think 7 our biggest challenge is making sure that we still meet the 8 20 units per acre for our Housing Element, and how we 9 achieve that while spreading units across is going to be a 10 little bit of a mathematical exercise, but we’ll try using 11 the different housing types and we might find that having a 12 little bit of height latitude will help us get there in 13 terms of using some of the product types, but I think 14 that’s just something I want to put out there, that we have 15 16 to meet our Housing Element, and that might mean that while 17 we’re allowing for the cottage cluster, the cottage cluster 18 isn’t going to get us to 20 units per acre, so if we want 19 the cottage cluster, then we are going to have to add more 20 housing units. 21 There are going to be some tradeoffs that will 22 have to be explored through this process, and quite 23 frankly, the more choices and options that the General Plan 24 Committee and Planning Commission have the longer this 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 142 1 process will likely take, just given the thoughtfulness 2 that I know our groups will want to have making these 3 considerations, so if there is any more specific guidance 4 that you want to give us that is quantitative or numeric, 5 it would be appreciated, because that will help frame us a 6 little tighter for those groups. 7 MAYOR SPECTOR: Let me follow up on that, Ms. 8 Prevetti. It seems to me that the quantitative would come 9 by virtue of the number of Council members who mentioned a 10 certain item. For example, I heard several Council Members 11 talk about spreading the housing throughout the acreage. 12 Now I hear you saying that could be difficult under state 13 law, but couldn’t the direction input that you give to the 14 General Plan Committee come by virtue of the number of 15 16 Council Members that mentioned an item? I mean maybe there 17 is one person who mentioned swimming pools, but there were 18 four who mentioned spreading the units throughout the 40 19 acres. Wouldn’t that help give prioritization and direction 20 to the GPC and then the Planning Commission? 21 LAUREL PREVETTI: I think it helps, but again, I 22 think ultimately we’re going to be down to motions, and 23 we’re going to expect the General Plan Committee to make a 24 motion and the Planning Commission to make a motion. In 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 143 1 this process tonight we’ve chosen not to do that, and so 2 we’re hearing the direction, but ultimately we are going to 3 need to get to specifics, because we will need to translate 4 all of this into redline language that hopefully then any 5 developer would pick up and know precisely what we’re 6 hoping to achieve. I just put that out there, because the 7 20 units per acre is one of our bigger constraints, and so 8 we may need to look at what those tradeoffs are. 9 The open space is a separate issue, so we’re 10 going to have to define open space. I think we heard loud 11 and clear there’s an interest in making sure that it is 12 more defined, so we can get there in that respect, but we 13 have a lot of levers, so to speak, that we’re going to be 14 playing with. 15 16 We’re hearing reduce potentially the commercial. 17 Well, if we’re reducing commercial and limiting the amount 18 of housing and want open space, then we just have to make 19 sure we’re still a balanced plan. 20 MAYOR SPECTOR: Let me follow up on that. Why 21 would that necessarily be difficult? Let’s assume that the 22 Council said reduce commercial and spread the housing 23 throughout and something else that you mentioned. Why would 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 144 1 that be a difficult concept to bring forward to the General 2 Plan Committee? 3 ROBERT SCHULTZ: Bringing it forward in 4 practicality, if you keep the same number of units and 5 reduce the square footage, and again, that’s where we’re 6 going to have to do some mathematical calculations, is 7 there just space that’s not available? So let’s say the 8 last developer comes along and you’re at 270 units and 9 you’re at your maximum of 200 square feet and he has a lot 10 there, and you tell him we’ve made all the requirements, 11 you can’t build anything on your property, so now have a 12 taking, so we have to look at all those levers and how they 13 work. If you make the units smaller you are hopefully, as 14 we’ve heard, increasing open space, but has it been too 15 16 much now? Is there going to be extra land, is more what I’m 17 concerned about when it’s said and done, that it hasn’t 18 been determined what’s going to go there. 19 So those are a lot of the mathematical 20 calculations that I think we’re going to have to play with 21 and see how many units can go on there and where the best 22 place to put cottage clusters are, and bring those through 23 the process. I don’t think it’s impossible, but what I 24 think we’re saying is from Staff’s standpoint we might take 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 145 1 some liberties and try to work with those numbers and what 2 you’ve said and come up with some of our own ideas also on 3 how it can work and what the public has stated. 4 MAYOR SPECTOR: All right, following up on that 5 also. Well, I’ll skip that. Ms. Jensen. 6 COUNCIL MEMBER JENSEN: I understood your 7 statement, Ms. Prevetti, quite differently I think from the 8 Mayor when you said quantitative and numerical 9 specifications. I had understood you to mean, for example, 10 I want 40% open space, I want ten houses in the Lark 11 District, I want 20 houses in the Transition District 12 versus four people said X. Am I right about what you had 13 intended with that? 14 LAUREL PREVETTI: I was thinking more in terms of 15 16 Specific Plan language, so if there is any numeric guidance 17 that you’d like to provide on any of the suggestions that 18 are already on the table. 19 COUNCIL MEMBER JENSEN: Because if we were 20 viewing it as quantitative X number of people mentioned 21 such-and-such, that’s why I asked my question at the start, 22 whether we were doing a motion or not, and whether we were 23 simply listing things versus arguing them, because I would 24 not want the number of people that mentioned a particular 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 146 1 item to now have weight given that we haven’t made any 2 motions; I thought we were simply throwing out suggestions. 3 MAYOR SPECTOR: As did I. Mr. Leonardis. 4 COUNCIL MEMBER LEONARDIS: Thank you, Mayor 5 Spector. A question for Ms. Prevetti. Are we hamstrung by 6 this 20 units per acre? In other words, if we reduce the 7 amount of commercial space, could we not reduce the amount 8 per acre of housing and spread the 270 or the 364 over all 9 three zones and have enough space? 10 ROBERT SCHULTZ: There would still need to be 11 13.5 acres that are capable of putting 20 units per acre on 12 that. Now, in the other acreage you could have less 13 density, but does that mean like I just said, you’re 14 leaving acres that are not available to do anything on, and 15 16 that’s the calculations that I think are going to be most 17 concerning to us. 18 MAYOR SPECTOR: Other questions? Ms. Jensen. 19 COUNCIL MEMBER JENSEN: I’m sorry; I just want to 20 make sure that that question gets answered so that I think 21 that my understanding is correct or incorrect. If we change 22 the 13.5 acres that are zoned 20 units per acre, we must 23 now go change our Housing Element to find those units 24 somewhere else, whether it be Los Gatos Lodge, Los Gatos 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 147 1 Boulevard, wherever it is. So it’s not simply a matter of 2 spreading it and not having a consequence. That 20 units 3 per acre needs to be the 13.5 acres, and if it’s not, if 4 it’s 9 acres at 20 units per acre, then 5.5 acres need to 5 go somewhere else. 6 ROBERT SCHULTZ: Right, and it’s that density 7 level. I thought the question that I heard was if you had 8 270 units but they were spread over 40 acres, so your 9 density is not at 20 units per acre, you have not met the 10 requirement is that’s where they determine it’s affordable. 11 So if you want to make all of them cluster cottage, which 12 is 8 units per acre, you’re not doing anything our Housing 13 Element told you and you’d have to re-designate. It’s that 14 20 units per acre that we have to obtain and then determine 15 16 from there where the other acres need to go to. 17 The only other thing I would say for tonight is 18 we still need that motion to move forward. 19 MAYOR SPECTOR: I have it here in a big circle, 20 but we still have questions and discussions. Any other 21 questions? Staff, anything from you? All right, does 22 anybody remember the motion? Ms. Jensen. 23 COUNCIL MEMBER JENSEN: I think that the motion 24 that was requested and that I’ll make is that we follow a 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 148 1 process whereby these suggestions that were given by the 2 Council tonight be taken to the General Plan Committee for 3 a public hearing and consideration to accept, deny, change, 4 however they so desire, and then it goes to the Planning 5 Commission for the same process, and then finally comes 6 back to the Town Council for a decision. 7 MAYOR SPECTOR: Second. Discussion? Seeing none, 8 all in favor? Passes unanimously. Thank you community, 9 Staff, and Council. 10 (END) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOS GATOS TOWN COUNCIL 9/27/2016 North 40 Specific Plan 149