Exhibits 4-9 of Attachment 1MEETING DATE: 06/02/14
ITEM NO: 16
DESK ITEM
COUNCIL AGENDA REPORT
DATE: June 2, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER AA -
W�1
R013ERT SCHULTZ, TOWN ATTORNEY
SUBJECT: REPORT FROM THE COUNCIL PLANNED DEVELOPMENT AD HOC
COMMITTEE AND DISCUSSION AND DIRECTION FOR PROPOSED
TOWN CODE AMENDMENTS TO THE PLANNED DEVELOPMENT
OVERLAY ZONE
REMARKS:
After the June 2 Town Council meeting agenda packet and subsequent Addendum were
distributed, staff received additional Council questions which are presented and responded to
below:
L What action is being requested of the Council this evening as there has been minimal
public notice for a significant change in Town policy direction?
The action before the Council this evening is simply to receive the report and
recommendations from the Council Planned Development Ad Hoc Committee and to
decide whether or not to direct staff to proceed with the subsequent staff work for Town
consideration of the proposed change in policy direction. Tonight's action cannot legally
be approval of, or advance approval of, forthcoming policy changes which will need to be
considered as required with full public noticing.
Z What will be the process forward ifthe Council's direction is to proceed with
consideration of theproposedpolicy changes?
Full consideration of the Ad Hoc Committee's recommendations will likely require
simultaneous development and consideration of General Plan amendments, Zoning
Ordinance modifications, and Council adopted policy changes.
Reviewed by: (-`S J Assistant Town Manager WTown Attorney Finance
C : "U =*ba WwktOM6.2 -14 P1nndD,, DESK 1TEM.d. EXHIBIT 4
10/8/14 PC Staff Rpt
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PLANNED DEVELOPMENTS
JUNE 2, 2014
General Plan amendments must first be heard by the General Plan Committee and then
the Planning Commission before they can be considered by the Town Council. Zoning
Ordinance modifications must first be considered by the Planning Commission before
they can be heard by the Town Council.
If the Council directs consideration of these policy changes, staff would recommend
scheduling the required hearings before the General Plan Committee and the Planning
Commission such that all required actions (General Plan amendments, Zoning Ordinance
modifications, and policy changes) come as a single package before the Town Council.
3. WWW public notice and outreach is anticipated for these future actions?
Staff is currently developing an extensive public outreach and notification program for
the Planning Commission and Town Council public hearings, if directed to proceed by
the Town Council. If possible, this notification will include all current planned
development property owners or interests; otherwise, it may be necessary to provide
Town -wide notification as has been done on selected other matters (e.g., Alcohol and
Entertainment Policy).
Attachments 1 -3 (previously received with Staff Report)
1. Excerpt from Town Code regarding Planned Development Overlay Zones
2. Draft Planned Development Overlay Zone Amendments
3. Hillside Development Standards Guidelines Area Map
Attachments 4- 5(nreviouslyreceived with Addendum)
4. Zoning Ordinance PD Survey
5. Planned Development List (includes map)
RESOLUTION 1993 -62
RESOLUTION OF THE TOWN COUNCIL
. OF THE TOWN OF ADOPTING A DEVELOPMENT OL COYS OR IN-FILL O PROJECTS
WHEREAS, the Town is primarily built out and the balance of undeveloped land
consists predominantly of in -fill parcels; and.
WHEREAS, it is important that these in -fill parcels are development compatible with
surrounding neighborhoods.
RESOLVED: the Town Council 'hereby adopts a development policy for in -fill
projects attached to this resolution as E.rhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
3rd day of May, 1993, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Joanne Benjamin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
I .l C3J%RVWS\fR -FILL EXHMff 5
10/8/14 PC Staff Rpt
DEVELOPMENT POLICY FOR IN -FILL PROJECTS
1. In -fill projects should contribute to the further development of the surrounding
neighborhood (i.e. Improve circulation, contribute to or provide neighborhood unity,
eliminate a blighted area, not detract from the existing quality of life).
2. An in -fill project should be designed in context with the neighborhood and
surrounding zoning with respect to the existing scale and character of surrounding
structures, provide comparable lot sizes and open space, consider garage
placement, setbacks, density, provide adequate circulation and on- street parking.
In -fill development should blend rather than compete with the established character
of the area.
3. Corridor lots may be considered if it decreases the amount of public street and is
consistent with objects #1 and #2. It must be demonstrated that a benefit to
surrounding properties Is being provided.
4. The Planned Development process should only be used to accomplish objects #1
and #2. The applicant shall demonstrate the benefit of a Planned Development
through excellence in design.
5. Approval of an in -fill project shall demonstrate a strong community benefit and
findings of benefit shall be part of the record.
6. Recommend that any new development proposal be reviewed by the Conceptual
Development Advisory Committee.
C32\KX3C \IL -F1Lc
EXHIBIT A
RESOLUTION 2002 -175
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING THE TOWN'S COMMUNITY BENEFIT POLICY
WHEREAS, that the Town of Los Gatos Town Council has determined that a written policy
clarifying the requirement for a community benefit offering is necessary (General Plan Implementing
Section L.I.1.8); and
WHEREAS, the Town of Los Gatos does not currently have a written policy clarifying the
Town Resolution 1991 -174 and Resolution 1993 -62, requirements for a community benefit offering,
and
WHEREAS, the Resolution 1991 -174 (Traffic Impact Policy) and Resolution 1993 -62
(Development Policy for Infill Projects) require a community benefit offering for certain projects:
and
WHEREAS, adoption of such policies will help provide clear direction to developers
processing development applications (General Plan Implementing Section L.I.1.8); and
WHEREAS, the Planning Commission recommended approval of the draft Community
Benefit Policy on September 25, 2002, and
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the Community Benefit Policy attached hereto as Exhibits A.
10/8/14 PC Staff Rpt
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4" day
of November 2002, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Joe Pirzynski,
Mayor Randy Attaway
NAYS: Steve Glickman
ABSENT: None
ABSTAIN: None �)
SIGNED:
MAYOR OF TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF I.OS GATOS
LOS GATOS, CALIFORNIA
2
TOWN COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Community Benefit Policy
Page 1 of 3
Approved:
Recommended By Planning Commission
on 9/25/02
Enabling Action:
2002- 175
Effective
Date: November 4, 2002
The intent of the Community Benefit Policy is to provide the Town a means to support projects that
are beneficial and desirable to the community, but may have certain negative impacts. These impacts
are generally unavoidable or unintended consequences of new development, such as traffic, that
cannot be entirely avoided through standard conditions of approval. Negative impacts may be
overridden by benefits offered to the Town by an applicant.
A community benefit offering is intended to add to the merits of a project. It is not intended to create
a means for applicants to transform undesirable projects into projects that appear to be desirable due
to their community benefit. Rather, it is intended to provide applicants, who are already proposing
projects that are generally beneficial to the Town, a means of offsetting the negative impacts of these
projects.
A community benefit offering shall be something that otherwise would not have been required by
law or as a condition of approval for a project. A specific community benefit offering cannot be
compelled by the Town. It must be proposed by the applicant in addition to the standard conditions
of approval and any required mitigation measures for a project. Mitigation measures such as fees,
dedications, or easements required by the Town do not qualify as a community benefit.
The following policy shall be used by the deciding body when reviewing any application that: (1)
causes an increase of 5 peak hour trips per Resolution 1991 -174; or (2) is considered an infill project
per Resolution 1993 -62.
GENERAL POLICY:
The applicant shall propose the community benefit offering, and is responsible for
demonstrating that the community benefit being offered is appropriate to offset a project's
impacts. The applicant shall submit a letter of justification and any other supporting
documentation necessary to clearly outline the proposed community benefit.
Subject: Draft Community Benefit Policy
September 25, 2002
Paget of 3
2. The community benefit shall be offered in addition to the standard mitigation measures
required in the conditions of approval and in excess of any Town's codes and regulations
including California Environmental Quality Act (CEQA). However, a specific community
benefit cannot be compelled by the Town.
3. The community benefit offering does not need to correlate directly with the project or with
the project's impacts. The benefit may be off -site or unrelated to the project.
4. The deciding body shall determine whether or not the community benefit being offered
sufficiently outweighs the cumulative impacts caused by the project. Both tangible impacts
(quantitative) and the intangible impacts (non - quantitative) will be considered.
5. The deciding body shall weigh the value of the proposed community benefit based on the
desirability of the benefit at the time the project is being proposed or based on perceived
future value or need.
6. The Town's values, economy, and character may change over time, therefore a previously
accepted community benefit does not set a precedence or guarantee that the same community
benefit will be accepted in the future. A previously accepted benefit may be drawn upon as
an example, but might not be accepted as a benefit in the future if the Town determines that
the benefit is no longer necessary, valuable, or desirable. Applicants should refer to the
Town's official needs assessment list or to a list of previously accepted community benefits.
(Please see attached lists)
Tax revenue generation resulting from the proposed project cannot be used as the project's
sole community benefit. Tax revenue generation may be used as a community benefit in
addition to another proposed benefit. It may also be used in the context of increasing the
overall value of the project to the Town if it contributes to the Town's long term financial
stability.
SPECIFIC POLICY:
The following is a partial list of examples that an applicant may draw upon when seeking to create
community benefit for a project:
• additional BMP units or equally affordable housing units
• improved traffic circulation or reduction of traffic
• street or neighborhood improvements
• historic preservation or restoration
• public art
• open space, conservation, or scenic easements and other dedications
Subject: Draft Community Benefit Policy
September 25, 2002
Page3 of 3
• bike/walking trails
0 mitigation or elimination of an existing problem
• restoration of a riparian habitat or water course
• a demonstrated unique or desirable use for the Town
DEFINITION:
Community Benefit: An offering of benefit to the Town proposed by an applicant, in addition to
the standard mitigation measures required by the Town, that overrides certain negative impacts
resulting from an infill project or a project that generates more than five (5) peak hour trips.
S.w 11402.aam.. N
This Page
Intentionally
Left Blank
Excerpted 2020 General Plan Goals and Policies
Relevant to Planned Development or In -rill Projects
Goal LU -1: To preserve, . promote, and protect the existing small -town
character and quality of life within Los Gatos.
Policy LU -1.2: Ensure that new development preserves and promotes existing
commercial centers consistent with the maintenance of a small -
scale, small -town atmosphere and image.
Policy LU -1.4: Infill projects shall be designed in context with the neighborhood
and surrounding zoning with respect to the existing scale and
character of surrounding structures, and should blend rather than
compete with the established character of the area.
Goal LU-4: To provide for well - planned, careful growth that reflects the
Town's existing character and infrastructure.
Policy LU -4.3: Only approve projects for which public costs can be justified by
the overall benefit to the community.
Goal LU -6: To preserve and enhance the existing character and sense of place
in residential neighborhoods.
Policy LU -6.1: Protect existing residential areas from the impacts of non-
residential development.
Policy LU -6.2 Allow non - residential activity in residential areas only when the
character and quality of the neighborhood can be maintained.
Policy LU -6.4 Prohibit uses that may lead to the deterioration of residential
neighborhoods, or adversely impact the public safety or the
residential character of a residential neighborhood.
Policy LU -6.5 The type, density, and intensity of new land use shall be consistent
with that of the immediate neighborhood.
Goal LU -7 To use available land efficiently by encouraging appropriate infill
development.
Policy LU -7.2 To ensure compatibility with surrounding neighborhoods, infill
projects shall demonstrate that the development meets the criteria
contained in the Development Policy for In -Fill Projects and the
deciding body shall make findings consistent with this policy
EXHIBIT 7
10/8/14 PC Staff Rpt
Policy LU -7.3 Infill projects shall contribute to the further development of the
surrounding neighborhood (e.g. improve circulation, contribute to
or provide neighborhood unity, eliminate a blighted area) and shall
not detract from the existing quality of life.
Policy LU -7.4 Infill projects shall be designed in context with the neighborhood
and surrounding zoning with respect to the existing scale and
character of surrounding structures, and should blend rather than
compete with the established character of the area.
Goal CD -1 Preserve and enhance Los Gatos's character through exceptional
community design.
Policy CD -1.2 New structures, remodels, landscapes, and hardscapes shall be
designed to harmonize and blend with the scale and rhythm of the
neighborhood and natural features in the area.
Policy CD -1.4 Development on all elevations shall be of high quality design and
construction, a positive addition to and compatible with the
Town's ambiance. Development shall enhance the character and
unique identity of existing commercial and/or residential
neighborhoods.
Policy CD -1.5 Town staff shall evaluate projects to assess how build
characteristics, including scale, materials, hardscape, lights, and
landscape, blend into the surrounding neighborhood.
Goal CD -2 To limit the intensity of new development to a level that is
consistent with surrounding development and with the Town at
large.
Policy CD -2.3 A maximum total floor area for new subdivisions and planned
developments shall be set as part of the approval process.
Goal CD -7 To preserve the quality of the private open space throughout Los
Gatos.
Policy CD -7.1 Maximize quality usable open space in all new developments.
Policy CD -7.2 Multi - family residential developments shall include common open
space suitable for group gathering.
Policy CD -7.3 All residential developments shall include private open space in
proportion to the building size.
2
Goal CD -17 To conduct careful review of new projects and provide clear
direction to property owners, neighbors, and potential developers
Policy CD -17.4 Development proposals on parcels greater than 40,000 square feet
may be processed as a planned development.
Goal OSP -2 To preserve open space in hillside areas as natural open space
Policy OSP -2.3 In all hillside subdivisions, the dedication of open space in fee or
as an easement shall be required to protect unique natural features,
habitats, and migration corridors, and to preserve the rural
atmosphere.
Goal OSP -6 To consider the provision of open space in all development
decisions within the Town.
Policy OSP -6.1 Promote private open space in all planning decisions for new
development.
Policy OSP -6.2 New development shall include conditions to preserve open space.
Policy OSP -6.5 Provide permanent common open space in high- density
developments.
Policy OSP -6.8 Encourage the use of innovative development techniques which
will provide open space within individual developments, public or
private.
Policy OSP -6.9 Town staff shall evaluate all development projects to determine the
benefit of requiring open space dedication.
N1DEV\PC REPORTS\2014\PD Ordinance Rpt Ex 7.10- 8 -14.dm
3
This Page
Intentionally
Left Blank
Town of Los Gatos
110E Main Street
Los Gatos, CA 95030
You are welcome to share
your ideas regarding Planned
Development Zoning at the
Planning Commission
meeting of October 8, 2014.
P� sa
.PZ
PYU
Permf.l5RB1
SMJ�, CP
The Town of Los Gatos Planning Commission will be taking public testimony and discussing potential changes to the Town Code ton me
establishment and use of Planned Development Overlay Zoning Designations. This discussion may include the Town's Community Bene-
fit end Infill Policies. On June 2, 2014, the Town Council discussed this topic and referred it to the Planning Commission for considera-
tion and recommendation. if you are interested in the materials discussed by the Town Council and/or would like to view the archived
video of the June 2 meeting, please visit: http: / /wnvw.lmgatos .gm/2148/Tom-Co cil-Agenda- Minums
The intent of the October 8 meeting is for the Planning Commission to receive input and comments from the public, review the Town
Council referral and related materials, and return a recommendation to the Town Council. This is not a public hearing on a specific
amendment to the Town's Zoning Code.
you are welcome to review the Planning Commission agenda and report materials at:
We IAwsysv .Josgatoscg.gov/2148/rovm-Cmncil-Aunda-M nmas
EXHIBIT 8
10/8/14 PC Staff Rpt
This Page
Intentionally
Left Blank
The Honorable Margaret Smith, Esq., Chair
Los Gatos Planning Commission
Members of the Los Gatos Planning Commission
110 E. Main Street
Los Gatos, CA 95030
Dear Ms. Smith and Members of the Los Gatos Planning Commission:
October 1, 2014
This letter is in response to the request for public input on the Planned Development Overlay Zone issue. I am
writing this letter as a Los Gatos resident, and from the perspective of someone who has worked closely with
the Town over the past three years to create what I believe will be an excellent infill development of 33 new
homes on blighted land in the northern part of our community.
Planned development is an effective and important tool that Los Gatos has successfully used to ensure orderly
development and quality design in a community that is largely "built out." The 75 planned developments
approved and executed since 1964 include single - family housing units, condominiums, recreational facilities,
senior residential communities, corporate centers, retail stores and medical facilities. Each has blended in with
the character of the surrounding area, and has contributed to our vibrant and active community.
The Council Ad Hoc Subcommittee proposal limits the use of Planned Development as a planning tool by
restricting PD Zoning to hillside property, riparian areas, and historic preservation zones. These proposals will
severely curtail the Town's ability to redevelop areas that are run -down, underutilized, and in need of upgrading
and change. Los Gatos will be unable to create innovative possibilities for business and residential development,
much of which is driven by consumer demand for small lots and shared open space.
Finally, there is a concern about the future of Planned Developments that have already received Town approval.
With a restricted Planned Development ordinance, will changes ever by able to be made in these areas? Will
future buyers have conditions put on their mortgages because they are purchasing property in a zoning
designation is no longer approved by Town code?
As a potential solution to these issues, we ask that the Planning Commission: (1) Carefully consider and review
the current Planned Development ordinance with the mindset that it need not be changed, but instead that new
criteria be added to bring it up to date; (2) return the issue to the Town's General Plan Committee for its review
and input; (3) and, finally, make recommendations to the Town Council.
Thank you for your consideration of my requests.
With my best regards, i
Mark
Senior Vice President Ki PUP[H ➢[S
21710 Slovens NO Huuleueid. Suite 100, Cupertino, Celiimnia 95014
400/2572 09 • r& 400 /255 H020 EXHIBIT 9
10/8/14 PC Staff Rpt
P R
0
P
E R
T
I E S
The Honorable Margaret Smith, Esq., Chair
Los Gatos Planning Commission
Members of the Los Gatos Planning Commission
110 E. Main Street
Los Gatos, CA 95030
Dear Ms. Smith and Members of the Los Gatos Planning Commission:
October 1, 2014
This letter is in response to the request for public input on the Planned Development Overlay Zone issue. I am
writing this letter as a Los Gatos resident, and from the perspective of someone who has worked closely with
the Town over the past three years to create what I believe will be an excellent infill development of 33 new
homes on blighted land in the northern part of our community.
Planned development is an effective and important tool that Los Gatos has successfully used to ensure orderly
development and quality design in a community that is largely "built out." The 75 planned developments
approved and executed since 1964 include single - family housing units, condominiums, recreational facilities,
senior residential communities, corporate centers, retail stores and medical facilities. Each has blended in with
the character of the surrounding area, and has contributed to our vibrant and active community.
The Council Ad Hoc Subcommittee proposal limits the use of Planned Development as a planning tool by
restricting PD Zoning to hillside property, riparian areas, and historic preservation zones. These proposals will
severely curtail the Town's ability to redevelop areas that are run -down, underutilized, and in need of upgrading
and change. Los Gatos will be unable to create innovative possibilities for business and residential development,
much of which is driven by consumer demand for small lots and shared open space.
Finally, there is a concern about the future of Planned Developments that have already received Town approval.
With a restricted Planned Development ordinance, will changes ever by able to be made in these areas? Will
future buyers have conditions put on their mortgages because they are purchasing property in a zoning
designation is no longer approved by Town code?
As a potential solution to these issues, we ask that the Planning Commission: (1) Carefully consider and review
the current Planned Development ordinance with the mindset that it need not be changed, but instead that new
criteria be added to bring it up to date; (2) return the issue to the Town's General Plan Committee for its review
and input; (3) and, finally, make recommendations to the Town Council.
Thank you for your consideration of my requests.
With my best regards, i
Mark
Senior Vice President Ki PUP[H ➢[S
21710 Slovens NO Huuleueid. Suite 100, Cupertino, Celiimnia 95014
400/2572 09 • r& 400 /255 H020 EXHIBIT 9
10/8/14 PC Staff Rpt
This Page
Intentionally
Left Blank