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Attachments 2-6N TOWN OF LOS GATOS ITEM NO: 2 PLANNING COMMISSION STAFF REPORT DESK ITEM N ° Meeting Date: October 8, 2014 PREPARED BY: Erwin Ordonez, Senior Planner eordonez(i�losgatosca eov SUMMARY: Receive public testimony and discuss potential changes to the Town Code for the establishment and use of Planned Development Overlay Zoning Designations. This discussion may include the Town's Community Benefit and Infill Policies. This is not a public hearing on a specific amendment to the Town's Zoning Code. RECOMMENDATION: Receive public testimony and as appropriate, forward a recommendation to the Town Council regarding potential changes to the Planned Development Ordinance and/or Community Benefit and Infill Policies. CEQA: A meeting conducted to receive public testimony in advance of a public hearing is not a project pursuant to Section 15061 (b)(3) of the adopted Guidelines for the Implementation of the California Environmental Quality Act. ACTION: Receive public testimony and possible recommendation to Town Council. EXHIBITS: 1 -9. Previously received with October 8, 2014 staff report 10. Additional ,Correspondences REMARKS: The correspondences noted in Exhibit 10 were received from the public after the staff report for this agenda item was prepared and distributed. 6 Prepared by: Erwin Ordofiez, AICP Senior Planner LRP:EO:ct /4 , le Approved by: Laurel R. Prevetti, Assistant Town Manager/ Director of Community Development N1DEVIPC REPORTS12014TD Ordinance nfe l.10 -8 -14 DESK.doc ATTACRMENT 2 This Page Intentionally Left Blank L Silicon Valley —� � W Association of REALTORS" V October 6, 2014 Planning Commissioners Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Members of the Los Gatos Planning Commission, The Silicon Valley Association of REALTORS® (SILVAR) is a trade association representing over 4,000 real estate professionals in the counties of Santa Clara and San Mateo. Our Association has historically been an advocate for homeowners and fair public policy. We would like to comment on Agenda Item 2, Planned Development Discussion, on Wednesday night's agenda. We appreciate the Town's desire to address concerns raised by some members of the community. However, the changes proposed to the Planned Development Overlay Zoning Designation (PD Overlay Zones) could have significant consequences to property values in the Town. Taking away the ability to use PD Overlay Zoning in a significant portion of the Town is very likely to make those properties less valuable. Outreach: This issue is complicated. There are many unknowns if this change is adopted: the impacts on property values; the number of purchasers of property intending to use the PD Overlay Zoning ordinance who have not yet applied; what happens in the future to what would then be non - conforming developments, the impact on the Housing Element certification process. Because of the complexities of the issues, and the breadth of unknown consequences, we strongly encourage the Town to do extensive outreach. Citizens in Los Gatos should be made fully aware of what this change would do to the future of the Town before any final decisions are made. Understandine: The staff report points to 75 non - conforming developments and hundreds of non- conforming units if the Town adopts these changes. We ask that the Town conduct an analysis of these developments and answer these questions: What would the development have looked like without PD Overlay Zoning and do the projects add value to the Town? If they do add value, then PD Overlay Zoning adds value. We ask the Planning Commission to adopt alternative one, and recommend that no change be made to the existing PD Overlay Zoning regulations. If the Town does make changes, we ask that the Town engage in a thorough public process with answers to the questions raised. Thank you for allowing us the opportunity to comment regarding this item. Sincerely, sica Epstein Government Affairs Director Silicon Valley Association of REALTORS® 19400 Stevens Creek Blvd., Suite 100 • Cupertino, CA 95014 Phone: 408.200.0100 • Pax: 408.200.0101 • v .silvar.org i E7MIBIT 10 10/8/14 Desk Item This Page Intentionally Left Blank Los Gatos Planning Commission 100 E. Main St. Los Gatos, CA 95030 Dear Planning Commission Chair Smith and Commissioners, This letter represents my views regarding the Planned Development Ad Hoc Committee's proposed revisions to the Town Code regarding Planned Development Overlay Zones, a matter which is currently before you. While the purpose of the proposal isn't clear to me (i.e, what problems does it solve ?), I believe the current PD process is a valuable tool that has resulted in many quality residential and commercial developments throughout the Town. Eliminating or substantially restricting the PD process has town -wide implications and would, in my opinion, significantly constrain future infill development and would negatively impact the Town's character, vibrancy, and quality of life. Finally, I believe that changes of this magnitude warrant a more comprehensive and open decision process. Following are expansions of these points: PD is a Valuable Tool: Los Gatos is primarily a "built out" community, as there few undeveloped large land parcels within Town limits. Consequently, most future development will likely be "infill" projects on small parcels, redevelopment of existing parcels, or projects with special or unusual circumstances. Existing zoning and subdivision ordinances are more applicable to larger parcels, while the PD process is appropriate to many smaller projects. The current PD Ordinance is a tool that the Town can employ to provide alternative uses and developments more consistent with site characteristics than are allowed in other established Town Zones while creating an optimum quantity and use of open space and encouraging good design. Since the Town Council must ultimately approve or not approve a PD development, the PD process certainly does not represent a loophole or fast track to approval. In fact, in my experience, PD proposals receive far greater visibility, scrutiny, and public input than "normal" projects. This increased focus typically results in high - quality development that accommodates and balances community and private interests. Since PDs are a helpful tool when dealing with special or unusual situations, it doesn't make sense to me to eliminate them unless a better and more efficient tool is substituted. PDs in Los Gatos: Los Gatos has approved many PDs over the years, with most projects being well received, popular with the community, and generally regarded as high quality. Without the PD process these developments would have been substantially different, or else would not have been built at all. Note that Los Gatos' PDs are not just residential housing and office buildings but also include non - residential projects such as the Old Town shopping center, the Los Gatos Hotel, the downtown Safeway, and the new Los Gatos Public Library. Several senior and Affordable Housing units have been built as PDs including the Los Gatos Commons, the Meadows, the Terraces, the Rose Ave. Senior Housing, Villa Vasona, and the Open Doors Project on West Parr Ave. Many Town residents live in PD neighborhoods. Most of these residents truly love the Town, their neighborhood, and their particular development, and these neighborhoods are often highly desirable, as evidenced by relatively real estate activity and high resale prices. It would be interesting to know the proportion of Los Gatos' housing units that were built in a PD zone. I expect the number would be a surprise to many. Los Gatos' PD housing projects include both multi and single family homes. Examples of townhouse/ multifamily PDs include Courtside, Charter Oaks, Rinconada Hills, Cuesta de Los Gatos /Maggi Ct., Forbes Mill, and Los Gatos Village. These developments have homeowners associations which maintain much of the landscaping along with other amenities including open space and swimming pools. A few examples of single family homes approved as a PD include Heritage Grove on Blossom Hill Rd., Monroe Court, Oak Knoll, Bersano Lane, Andre Court, Bachman Court, Bella Vista Court, Ohlone Court, Kennedy Meadows, Boyer Lane, and newer projects Bluebird Lane and Laurel Mews. It should be noted that not all PDs are developed with homes on small parcels as Shannon Oaks /Mt. Laurel Lane includes homes on large parcels. PD zoning has resulted in many projects, including residential communities that over the years have been broadly accepted and today are sought -after properties. Where one decides to live is a matter of personal choice. What makes Los Gatos unique is the variety of desirable neighborhoods in Town. It's notable that some of our oldest and most historical neighborhoods, including the Almond Grove and the Johnson /Loma Alta areas, lack many of the elements required today of new developments such as garages, adequate onsite parking, and required property setbacks. Other neighborhoods have most of the typical subdivision requirements, but not sidewalks or streetlights, and often the residents there prefer it that way. There are large townhome communities and also smaller condominium clusters, each with their own set of amenities. There are many variables, but because an individual doesn't personally like a certain neighborhood of homes doesn't mean that those living in that neighborhood share that feeling. Decision Process Suggestions: To my knowledge the proposed PD revisions have been made without significant public input or an overall "cost /benefit" analysis. I suggest that greater public outreach be conducted. I suspect this is will be a sizeable educational task as very few residents understand PDs (including those living in PD projects). Zoning in general, and PD overlays in particular, are very complex topics. An analysis should be conducted to evaluate the benefits and issues that have arisen from the approved projects. Since 1964 with Rinconada Hills approved as the first PD project by the Los Gatos Town Council, there have been 75 approved developments. The Planning Commission and ultimately the Town Council should understand them and discuss: 1) What, PD projects have been good and /or beneficial to the Town? Could these projects be largely accommodated using "normal zoning "? If not, how would these projects need to be modified in order to satisfy "normal zoning ?" 2) What PD developments are considered "less desirable ?" How should these projects be modified to make them acceptable? Were the negative aspects of these projects visible during the Planning Commission and Town Council approval process? Or were they simply inherent in the PD process? 3) What are the specific concerns or issues with PD zoning? 4) What changes or reforms to the PD ordinance are warranted? 5) Are there any significant costs or impacts to the public for making changes to the PD ordinance? This is the type of process needed by the Planning Commission and ultimately the Council, to ensure future projects are consistent with residents' wishes and the Town's General Plan. In summary, the current PD process has been a valuable tool that has yielded many quality residential and commercial developments throughout the Town. Eliminating or substantially restricting the PD process will constrain future infill development and essentially prohibit projects akin to today's successful PDs. Changes of this magnitude need thoughtful and careful study, informed constituents, and a comprehensive and open decision process. Sincerely, Mark Robson Planning ,om: Chris Cowan <chrislcowan @yahoo.com> ent: Wednesday, October 08, 2014 10:27 AM To: Planning Subject: comment for Planning Commission Hi Mr. Ordonez, If possible, please include this message for the Planning Commission meeting today. Thank you. Dear Members of the Los Gatos Planning Commission, I am writing in support of increasing restrictions on the use of Planned Developments. The Planned Development designation is intended to encourage good/extraordinary design that is consistent with site characteristics. The impression that I get in reviewing recent planned development projects is that the designation is being abused as a tool to enable developers to exceed density limits that have been carefully specified by the Town. Residents of the Town of Los Gatos do not want to sacrifice quality of life (small town atmosphere, traffic, school capacity, etc.) in order to help developers maximize profits. Vice Mayor Marcia Jensen made a good summary of the over -use of Planned Developments in her assessment of the recently approved Planned Development at the Knowles Courthouse site. After reviewing the intent of the planned development statute as a tool to enable good design that is consistent with site characteristics, she noted that "we don't have that here... we have lots of residences squeezed onto a single lot" Thank you for your consideration, As Cowan 14412 Oka Ln. Los Gatos, CA 95032 This Page Intentionally Left Blank MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 8, 2014 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, October 8, 2014, at 7:00 PM. MEETING CALLED TO ORDER Chair Smith called the meeting to order at 7:00 pm. ROLL CALL Present: Chair Margaret Smith, Vice Chair Kendra Burch, Commissioner Mary Badame, Commissioner Charles Erekson, Commissioner Tom O'Donnell, Commissioner Marico Sayoc, and Commissioner Joanne Talesfore Absent: None. PLEDGE OF ALLEGIANCE Commissioner Talesfore led the Pledge of Allegiance. The audience was invited to participate. APPROVAL OF MINUTES OF SEPTEMBER 24, 2014 MOTION: Motion by Commissioner Erekson September 24, 2014. Seconded by Commissioner Talesfore. VOTE: Motion passed 7 -0. WRITTEN COMMUNICATIONS Desk Item for Items #2 and #3. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS None. to approve the meeting minutes of VERBAL COMMUNICATIONS (AUDIENCE) Angela Doerner - Commented that she is a resident of the Almond Grove and spoke about the Almond Grove resurfacing project. The cost estimates do not make sense. Commission members asked questions of Ms. Doerner. Mary Roach - Commented that as time goes on she sees less trees in Los Gatos and less of the hills due to development with higher buildings and closed in streets. The Town's trees are not being properly cared for. Commission members asked questions of Ms. Roach. Jim Russell - Commented that he commended the Planning Commissioners for their time and effort in the recent long meetings that have been held. ATTACHMENT 8 CONSENT CALENDAR 15527 Union Avenue Conditional Use Permit Application: U -14 -013 APN: 523 -41 -035 and -036 Property Owner: DS Downing LP Applicant: Rudy Wrabel Project Planner: Erin Walters Requesting approval to operate a minor restaurant (Jersey Mike's Subs) on property zoned C -1. MOTION: Motion by Vice Chair Burch to approve Consent Item #1. Seconded by Commissioner Talesfore. VOTE: Motion passed 7 -0. CONTINUED PUBLIC HEARINGS None. NEW PUBLIC HEARINGS 2. Planned Development Discussion Project Planner: Erwin Ordonez. Receive public testimony and discuss potential changes to the Town Code for the establishment and use of Planned Development Overlay Zoning Designations. This discussion may include the Town's Community Benefit and Infill Policies. This is not a public hearing on a specific amendment to the Town's Zoning Code. Not action will be taken. Chair Smith opened the public hearing. Ervin Ordonez, Senior Planner, presented the staff report. Commission members asked questions of staff. Beverly Bryant - Commented that the Planned Development Ordinance should be kept as it is now. Severe restrictions placed on the draft ordinance would be a mistake. Steven Markman - Commented that he doesn't understand why in 1993 the Commission was allowed to insist on certain improvements being made, such as mitigation of traffic and installation of signs, but in 2002 that can no longer be done now, and community benefit and infill policies can be ignored. Dale Miller - Commented that Planned Developments are a tool that should be kept as is, it is intended to be an exception. Jack Aiello - Commented that some PDs work very well, for example, the one soon to be built near his neighborhood. Chris Keith - Commented that the PD tool has been used adequately in the past. The Town should retain the PD overlay zoning and evaluate each development opportunity on its own merits. Page 2 of 6 Planning Commission Minutes October 8, 2014 Jill Fordyce - Commented that they moved to Los Gatos for neighborhoods, community, schools and open space. She agrees with the intent of the new Planned Development Overlay Zone to protect hillside, historic and natural areas, but does not understand how it would be done based on the draft language. Mark Tersini - Commented that the PD tool has been well used by the Town. The Commission should focus on how the Town has grown, what was the proper use of Planned Developments, and continue to keep the Planned Development in place. Commission members asked questions of Mr. Tersini. Bill Hirschman - Commented that he agreed with the previous speakers. He has built five PD projects in Los Gatos, and each was a better project as a result of the PD process. The Commission should not take away its discretionary power and allow the PD process to be eliminated. Commission members asked questions of Mr. Hirschman. Doug Rich - Commented that he echoed previous comments to keep the PD tool, and added the benefits of the PD process allow flexibility to address both excellence in design and compatibility in the neighborhood. The Planned Development Overlay Zone also allows a developer to create affordable housing. Commission members asked questions of Mr. Rich. Commission members asked questions of Staff. John Shepardson - Commented that on occasion a PD has been used to circumvent the General Plan standards, for example, the Albright project. Any real estate agent in Town, when selling a property that is next to a property that may be developed through the PD process, should be required to put in their disclosures that the Town has Guiding Principles, but they may not be followed. Al Martinskis - Commented that the Commission has a tool in the Planned Unit Development, and it should not be given up, because it was created for a reason. Lee Quintana - Commented that she agreed the Planned Development is a good tool, but there have been problems with the way PDs have been used in the Town in the past. The current PD Ordinance is difficult to understand and at times conflicting. She would like to see the PD thrown out, and if retained amended without more specific criteria particularly related to allowed uses and compatibility. Commission members asked questions of Ms. Quintana. Chair Smith closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members asked questions of staff. Commission members discussed the matter. Page 3 of 6 Planning Commission Minutes October 8, 2014 MOTION: Motion by Commissioner O'Donnell to forward to the Town Council a recommendation that it appoint a committee to do further research to decide whether or not to pursue the course suggested by the Town Council's Ad Hoc Committee or consider improving the present PD Ordinance, and whether there has been any violation of the spirit of the PD ordinance. Seconded by Commissioner Talesfore. Commission members discussed the matter, including consideration that the Committee include representatives from the development community, general public, General Plan Committee, Historic Preservation Committee, and Planning Commission. Commissioner Erekson requested that the motion give emphasis to clarification of the problems to be solved in the PD Ordinance, including questions listed in public correspondence. The maker of the motion accepted the amendment to the motion, and included a review of the last few years of the applications of the PD to see if there are any particular problems. The seconder accepted the amendments to the motion VOTE: Motion passed 7 -0. 3. 15600 and 15650 Los Gatos Boulevard Planned Development Application: PD -11 -005 Negative Declaration: ND -11 -007 APN: 424 -14 -028 and -036 Property Owner: Longs Drug Stores, California, LLC Applicant: Landmark Retail Group Project Planner: Jennifer Savage Requesting approval to change the zone from CH to CH:PD, to demolish existing commercial buildings, to construct new commercial buildings, and to allow a 24 -hour super drugstore (CVS). No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. Chair Smith opened the public hearing. Jennifer Savage, Senior Planner, presented a staff report. Commission members asked questions of staff. Howard Spunt - Commented that they meet all the standards and guidelines for the current zoning, with the exception of parking, where they are asking for a reduction. CVS focuses on health services to its customers and not just selling goods. Commission members asked questions of Mr. Spunt. Ingrid Oakley - Girvan - Commented that she is unclear what the community benefit would be from a massive drugstore. Vagrants who congregate nearby would have access to beer 24 hours a day. Retail items from drugstores can be ordered online, so she does not see the need for such a large superstore. Commission members asked questions of Ms. Oakley - Girvan Page 4 of 6 Planning Commission Minutes October 8, 2014 Vicki Cramer - Commented that her yard is on the property line of the subject property. The biggest concern she and her neighbors have is security, because of increased traffic and people. They also request no deliveries on Sunday, and a 7 -foot sound wall. Commission members asked questions of Ms. Cramer. Joseph Gemignani - Commented that the building as designed would be so prominent it could be seen a half mile away. The site needs a beautiful building, and the building proposed does not look like it belongs in Los Gatos. Commission members asked questions of Mr. Gemignani. Rusty Dehorn - Commented that he lives across Los Gatos Boulevard from the proposed development. The story poles got his attention and brought him to the meeting. The building is too close to the street. There are no other buildings nearby that are anywhere near the proposed building's height. Rhodie Firth - Commented that there is very little about the project that is positive for the people of Los Gatos. The building is too tall and too close to the street. The idea of making Los Gatos Boulevard pedestrian - friendly is a nice idea, but it will never happen because the Boulevard is so long and busy. Maria Ristow - Commented that the proposed corner is very important, because it is beautiful, has trees, and a view of the hills, which would be completely obscured by this building. The building needs to be shorter and set back from the street. Mary Roach - Commented that the project seeks to remove 22 protected trees. The proposed building is cookie cutter and hideous and not at all related to Los Gatos' character, because it is too high, too close to the street, and blocks the memorial trees on the corner. Mindy Wellington - Commented that she couldn't believe the size when she saw the story poles. Additionally, the building is too close to the street. The proposed store is something the residents do not need, as they have plenty of pharmacies and fast food already. Los Gatos Boulevard is becoming Any Town USA and has none of the Los Gatos charm. Commission members asked questions of Ms. Wellington. Carol Roesser - Commented that her biggest concern is traffic and parking. To cut back on parking on this project and expecting people to park across the street is taking parking away from nearby residents. Howard Spunt - Commented that they can pick up two parking spaces if they eliminate the drive - through. They are open to a larger sound wall. They would work with staff and the Town arborist on preserving trees. They would try to improve traffic onsite with a bus turnout lane, a double left -hand turn from Los Gatos Boulevard to Los Gatos - Almaden, and upgrading the signal. Commission members asked questions of Mr. Spunt. Page 5 of 6 Planning Commission Minutes October 8, 2014 Chair Smith closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. MOTION: Motion by Commissioner O'Donnell to continue the public hearing for 15600 and 15650 Los Gatos Boulevard to a date uncertain. Seconded by Commissioner Badame. Commission members discussed the matter. VOTE: Motion passed 7 -0. MOTION: Motion by Commissioner O'Donnell to continue the public hearing for 15600 and 15650 Los Gatos Boulevard to December 10, 2014. Seconded by Commissioner Badame. VOTE: Motion passed 7 -0. NEW OTHER BUSINESS Report from Community Development Director, Laurel Prevetti • Town Council met 9/15/14; requested additional information regarding the North Forty Specific Plan, expected to bring the matter to December 2, 2014 meeting; approved the Knowles Planned Development. Met 10/7/14; heard the Highland Oaks exterior color issue, directed Staff to work with the Applicant regarding methodology for examining exterior color; discussed cut - through traffic and different options; and the Town will apply for a grant to complete a bicycle master plan and complete streets plan. ADJOURNMENT Meeting adjourned at 10:56 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, October 8, 2014 /s/ Margaret Smith, APPROVED AS TO FORM AND ATTEST: /s/ Joel Paulson Planning Manager Page 6 of 6 Planning Commission Minutes October 8, 2014 Draft resolution subject to modification as part of Town Council action. RESOLUTION 2014- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING A PLANNED DEVELOPMENT STUDY COMMITTEE WHEREAS, on November 4, 2013, the Town Council formed an Ad Hoc Committee of the Town Council to study Planned Developments (PD) and the use of the PD Overlay Zoning; and WHEREAS, on June 2, 2014, the Ad Hoc Committee presented the Town Council recommended amendments to the Town Code (Zoning Regulations) pertain to PD Overlay Zoning; and WHEREAS, the Town Council referred the Ad Hoc Committee's recommended amendments to the Planning Commission; and WHEREAS, on October 8, 2014, the Planning Commission conducted a public meeting to receive public input and review the referral from Council; and WHEREAS, the Planning Commission recommended that the Town Council appoint a Study Committee with membership from the Planning Commission, General Plan Committee, Historic Preservation Committee, developers, and members of the public to conduct further research regarding the use of the Planned Development Overlay Zoning. NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los Gatos does hereby establish a Planned Development Study Committee (hereafter Study Committee) composed of representation from the Planning Commission, General Plan Committee, Historic Preservation Committee, development community, and members of the public. The purpose of the Study Committee is to conduct further research regarding the use of the Planned Development Overlay Zoning and formulate recommendation(s) for the Town Council's considerations. The Study Committee shall automatically be dissolved on December 31, 2015. ATTACHMENT 4 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of November, 2014, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA \: DEV RESOS- 2014'RESO�E S'I "AHLISHINC .A PD STUDY C0\4NIITTEE.docx EXHIBIT A Planned Development Study Committee Mission: To study the Town's Planned Development Overlay Zoning regulations and formulate a recommendation for the Town Council regarding potential amendments to the Town Code, In- Fill Policy, and/or Community Benefit Policy Committee Members: Nine (9) Members appointed by Town Council One (1) Member from Town Council Two (2) Members from Planning Commission One (1) Member from General Plan Committee One (1) Member from Historic Preservation Committee Two (2) Members with Land Development or Construction Experience Two (2) Members who are Town residents and/or business owners N:\DEV \RESOS\2014\RESO- ESTABLISHING A PD Study Committee. [EXHBrr A].dmx 1111: •fAttachment 4 This Page Intentionally Left Blank Silicon Valley -_ t Association of REALTORS V October 27, 2014 Mayor Steve Leonardis and Council Members Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Mayor Leonardis and Council Members, The Silicon Valley Association of REALTORS® (SILVAR) is a trade association representing over 4,000 real estate professionals in the counties of Santa Clara and San Mateo. Our Association has historically been an advocate for homeowners and fair public policy. We would like to comment on the Planned Development Discussion presented to the Council. We appreciate the Town's desire to address concerns raised by some members of the community. However, the changes proposed to the Planned Development Overlay Zoning Designation (PD Overlay Zones) could have significant consequences to property values in the Town. Taking away the ability to use PD Overlay Zoning in a significant portion of the Town is very likely to make those properties less valuable. We support the recommendation of the Planning Commission. We believe creating an Ad Hoc committee of stakeholders that really delves into the potential impact of these changes is the best way to make the right choices for the Town. We would be happy to participate in this group and offer the REALTOR ® perspective on the proposed changes. There is a lot of work to be done. The staff report points to 75 non - conforming developments and hundreds of non - conforming units if the Town adopts the changes as proposed. We request that the Town conduct an analysis of these developments and answer these questions: What would the development have looked like without PD Overlay Zoning, and do the projects add value to the Town? If they do add value, then PD Overlay Zoning adds value. Thank you for allowing us the opportunity to comment regarding this item. Sincerely, essica pstein Government Affairs Director Silicon Valley Association of REALTORS® 19400 Stevens Creek Blvd., Suite 100 • Cupertino, CA 95014 Phone: 408.200.0100 • Fax: 408.200.0101 • w vv.silvanorg ATTACHMENT 5 This Page Intentionally Left Blank COUNCIL AGENDA REPORT DATE: NOVEMBER 4, 2014 MEETING DATE: 11104114 ITEM NO: 10 DESK ITEM TO: MAYOR AND TOWN COUNCIL / FROM: GREG LARSON, TOWN MANAGER,/ SUBJECT: PLANNED DEVELOPMENT OVERLAY ZONE A. CONSIDER THE PLANNING COMMISSION'S RECOMMENDATIONS TO THE TOWN COUNCIL REGARDING THE PLANNED DEVELOPMENT OVERLAY ZONE AND B. ADOPT A RESOLUTION APPOINTING A STUDY COMMITTEE. REMARKS: Staff has received two questions regarding the lack of a verbatim transcript for the Planning Commission's discussion and action regarding Planned Developments. Past practice has been to provide verbatim minutes: (1) only for public hearing items before the Council, and (2) when the Council requests them. Since the Planned Development item is a report out of the Planning Commission's recommendation and is not a noticed public hearing for a proposed ordinance change, the minutes provided a level of detail that conveyed the testimony and motion. The Council has the option of continuing this matter this evening and directing staff to provide a verbatim transcript of the Planning Commission discussion and action. In addition, the video of the Planning Commission meeting of October 8, 2014 is available at: httv://Iosgatos.aranicus.com/MediaPlqyer.php?view id =5 &clip id =1312. The Planned Development item begins at minute 18. After the staff report was prepared for this agenda item, additional public communication was received between 11:00 a.m. on Monday, November 3 and 11:00 a.m. Tuesday, November 4, 2014 (Attachment 6). PREPARED BY: LAUREL R. PREVETTI� Assistant Town Manager / Director of Community Development Reviewed by: N/A Assistant Town Manager 4& Town Attorney XIL Finance N:\DEV\TC REPORTS20140anned Development 11.04.14 Desk Item.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PLANNED DEVELOPMENT OVERLAY ZONE NOVEMBER 4, 2014 Attachments 1 -5 (Previously received on October 30, 2014): 1. October 8, 2014 Planning Commission Staff Report 2. October 8, 2014 Planning Commission Desk Item Report 3. October 3, 2014 Planning Commission Draft Meeting Minutes 4. Draft Resolution with Exhibit A: Planned Development Study Committee 5. Correspondence dated 10/27/14 from J. Epstein Attachment 6 (Received with this Desk Item): 6. Correspondence received prior to 11 a.m. on November 4, 2014 'ubject: RE: Agenda Item 10 (Other Business) Nov. 4, 2014 - - - -- Original Message---- - From: Lee Quintana fmailto:leeandi)ault@earthlink.net Sent: Monday, November 03, 2014 3:34 PM To: Steven Leonardis Cc: Erwin Ordonez; Greg Larson; Laurel Prevetti Subject: Agenda Item 10 (Other Business) Nov. 4, 2014 Mayor Steve Leonardis and Council Members, Just back from vacation timed specifically to vote in person Tuesday, and to be glued to N from close of poles back east and late into the night for local results. This is a family tradition so I will not be at tomorrow's Town Council meeting even though there are items on the agenda that are of interested to me. I'm sure there are others in Town who will either skip the meeting or will attend but would have preferred to be home watching election results. In the future, please consider changing the date of any Council Meeting that falls on the same night as a national election. Please, also consider continuing the items on tomorrow's agenda to an other night, in particular Item 30. `ank you, Lee Quintana ATTACHMENT6 SUSTAINABLE DEVELOPMENT Los Gatos Town Council November 4, 2014 110 E. Main Street Los Gatos, CA 95030 Dear Members of the Los Gatos Town Council, This letter is in response to the request for public input regarding Planned Development Overlay Zones and the Planned Development Ad Hoc Committee's proposed revisions to the Town Code. Thank you for allowing the community to provide feedback on this important issue, which has many unknown implications to past and future Planned Development within the Town of Los Gatos. I was in attendance at the Planning Commission meeting on October 8th, 2014; there were many community members who made verbal comments regarding this topic. I was very pleased to see the great majority of speakers show their support for the current Planned Development process. The current PD process allows for public input, high visibility and thorough analysis which results in high quality developments. The current PD process ultimately requires approval from Town Council, which allows for democracy within our town. During the above mentioned meeting, Chair Margaret Smith stated, "It is the Democratic way! ", which I was very pleased to hear. The proposed changes to the Planned Development Overlay Zone removes democracy from the decision making process and restricts or removes use of the valuable PD tool, which the town has leveraged successfully for over 50 years. I recommend no changes be made to the existing Planned Development Overlay Zoning process. If the Town decides to review the current PD process for additional input or create a committee of community members and business owners, I would like to volunteer to participate in the process. I believe I have a unique perspective as a Los Gatos resident, owner of a Los Gatos based business, prior commercial tenant in Downtown Los Gatos, current Landlord on Los Gatos Boulevard and as a Commercial and Residential Developer focusing on sustainable developments within the Bay Area. Thanks again for your interest in supporting community feedback and democracy for our town. Sincerely, Scott Plautz President STEM Sustainable Development scon@stem-development.com