TOWN OF LOS GATOS MEETING DATE: 07/18/2019 ITEM: 2 GENERAL PLAN UPDATE ADVISORY COMMITTEE
REPORT
DATE: July 12, 2019
TO: General Plan Update Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Continue discussion of Draft Land Use Alternatives.
BACKGROUND:
On June 20, 2019, General Plan Update Advisory Committee (GPAC) met to discuss and provide direction for draft land use alternatives. At that meeting the GPAC discussed the materials provided in the staff report and requested additional information prior to providing direction on the alternatives report. The information requested is provided below, either as an attachment, link to a location online, or content within this report:
A. Existing or Proposed Wildfire Legislation and Plans
• Pending Wildfire Legislation summary (Exhibit 4) • Santa Clara County (SCC) Community Wildfire Protection Plan (https://sccfiresafe.org/images/attachments/community-wildfire-protection- plans/Countywide_CWPP/countywide-cwpp-final-draft/Final-Santa-Clara-County- CWPP_08-29-16.pdf) • SCC Community Wildfire Protection Plan Annex 9: Town of Los Gatos (http://www.sccfd.org/images/documents/fire_prevention/CWPP/Annex_9_Town_of_L os_Gatos_2017.pdf) • American Planning Association (APA) Zoning Practice – Wildfire Adaptation (Exhibit 5)
B. Form-Based Zoning
At the June 20, 2019 GPAC meeting a committee member requested additional information about Form Based Zoning. The APA produced a Zoning Practice booklet on this topic, which is provided for your information (Attachment 6). Please note that consideration of Form- Based Zoning could be included at the Action Item level of the General Plan, and would not be part of an Alternatives Report.
PREPARED BY: JENNIFER ARMER, AICP Senior Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov
PAGE 2 OF 4 SUBJECT: Continue discussion of Draft Land Use Alternatives July 12, 2019
BACKGROUND (continued):
C. Growth Statistics and Projections
Attachment 3 provided for the June 20, 2019 GPAC meeting (attached to the Desk Item report), was information about Regional Housing Need Allocation (RHNA) Objectives and Factors. The Town’s last RHNA allocation was 619 units. As of the end of 2018 the Town has approved building permits for 96 new units. Once the 320 units in phase one of the North 40 are issued the remaining allocation will be 203 units. In 2018, the Town approved building permits for 18 new accessory dwelling units, which is a significant increase over previous years, and is a trend we expect to continue and will result in additional units during this housing element cycle.
Two tables from the Background Report Table 2.1-1: Los Gatos Population and Housing Trend, 2010 to 2018, on Page 2-4 (Attachment 7), and Table 3.8-3: Development Capacity Summary, on Page 3-34 (Attachment 8), are provided, but additional discussion of demographic trends (Section 2.1), employment trends (Section 2.3) and development capacity (Section 3.8) can be found in the Background Report, available online here: http://losgatos2040.com/documents.html
D. Existing Land Use Designations
The description of existing Land Use designations, beginning on page LU-11 of the 2020 General Plan, are included as Attachment 9. These include regulations for density, floor area ratio, height, and lot coverage, depending on land use. In addition, Section 3.3 of the Background Report is provided as Attachment 10, summarizing the existing General Plan land use designations, and including a map of where those designations are throughout Town. The full General Plan Land Use map is available online at the following link: https://www.losgatosca.gov/DocumentCenter/View/13106/GeneralPlanLandUseMap.
E. Example Alternatives Reports
The Alternatives Reports listed below are from other jurisdictions and are provided for a better understanding of what an Alternatives Report contains. Please note that these are the result of this phase of the General Plan update process, and the result of work by the consultant after this evening’s high level land use discussion.
• Town of Windsor: bit.ly/windsoralts • Union City: bit.ly/unioncityalts • City of Gilroy: bit.ly/gilroyalts • City of Campbell: bit.ly/campbellalts
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PAGE 3 OF 4 SUBJECT: Continue discussion of Draft Land Use Alternatives July 12, 2019
DISCUSSION:
From the information above, we can see that the population growth has been very slow, and projections would likely show only minimal growth in the future. However, from previous GPAC discussions there is a general understanding that construction of new housing is something that new state regulations will likely require in coming years. In order to allow for that growth in a purposeful way, the alternatives in the Alternatives Report should include where that growth would be best situated.
At the June 20, 2019, a consensus was reached that additional density in the hillsides was not desirable, both for the protection of the natural character of the hillsides and as a part of wildfire preparedness. The next step in this discussion is where additional housing density might be incorporated into our General Plan land use diagram. At its core, the question that we are asking is:
Is there a desire to change the General Plan Land Use Map?
If there is a consensus that one of the alternatives should plan for additional housing this could be done in many ways, including but not limited to:
• Expanding the area covered by higher density housing designations; • Specifying the density of housing allowed in commercial land use designations; or • Increasing the density, height, or floor area currently allowed in specific land use designations.
If there is consensus that there is an interest in particular changes in commercial land use designations, then direction could be given in regards to what types of uses, and where they might be located, could be done in many ways, including but not limited to:
• More neighborhood serving commercial along Los Gatos Boulevard, or within existing commercial centers in Town; • Development of an innovation center around the potential Vasona Light Rail Station location or off of Oka Road; or • Construction of new hotels on the remaining North 40 properties.
These discussions can focus primarily on the map, looking at general areas (for example, Los Gatos Boulevard), or look at very specific areas (for example, the Union Avenue shopping center). Or the discussion could also include how we might change the current limitations, for example height, that is included in the description of the zones.
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PAGE 4 OF 4 SUBJECT: Continue discussion of Draft Land Use Alternatives July 12, 2019
NEXT STEPS:
The next steps in the General Plan update process include:
• Discuss policy choices; • Perform alternatives analysis and prepare the Alternatives Report; and • Provide the Alternatives Report to the GPAC for review prior to next community workshop.
ATTACHMENTS:
Attachments previously received with June 20, 2019 Staff Report: 1. Issues and Opportunities Report (38 pages) 2. Maps of Potential General Plan Focus Areas (11 pages)
Attachment previously received with June 20, 2019 Desk Item Report: 3. RHNA Objectives and Factors (one page)
Attachment received with this Staff Report: 4. Pending Wildfire Legislation Summary (five pages) 5. APA Zoning Practice – Wildfire Adaptation (eight pages) 6. APA Zoning Practice – Form-Based Zoning (eight pages) 7. Background Report Table 2.1-1: Los Gatos Population and Housing Trend (one page) 8. Background Report Table 3.8-3: Development Capacity Summary (one page) 9. 2020 General Plan Land Use Designations (seven pages) 10. Background Report Section 3.3: Existing General Plan Land Use Designations (five pages)
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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Henry Stern, Chair 2019 - 2020 Regular
Bill No: AB 1516 Hearing Date: June 25, 2019 Author: Friedman Version: June 11, 2019 Urgency: No Fiscal: Yes Consultant: William Craven
Subject: Fire prevention: wildfire risk: defensible space and fuels reduction management
BACKGROUND AND EXISTING LAW 1) Requires the Board of Forestry and Fire Protection (Board) to classify all lands within the state for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state [known as the State Responsibility Area (SRA)].
2) Requires the California Department of Forestry and Fire Protection (CalFire) to identify certain areas outside the SRA as very high fire hazard severity zones (VHFHSZ) based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.
3) Requires a person who owns, leases, controls, operates, or maintains a building or structure on land that is covered with flammable material in the SRA or VHFHSZ to maintain defensible space of 100 feet around the structure. Requires the most intense fuels management to be within 30 feet of the structure.
4) Requires CalFire to develop and update a guidance document on fuels management that includes regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant, or drought tolerant, or both, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat. Requires the guidelines to include suggestions to minimize or eliminate the risk of flammability of non-vegetative sources of combustion, such as woodpiles, propane tanks, decks, and outdoor lawn furniture.
5) Authorizes a local agency enforcing defensible space requirements within a VHFHSZ to conduct defensible space work on a property owner’s land if the owner fails to, and place a lien on the property for the expense of the work.
6) Authorizes CalFire to remove vegetation that is inconsistent with defensible space requirements and place a lien on the property for the expense of the work.
7) Establishes tiers of penalties for failure to maintain defensible space that include:
a) A fine of not less than $100, nor more than $500 for a first violation.
b) If a person is convicted of a second violation within five years a fine of not less than $250, nor more than $500.
ATTACHMENT 4 AB 1516 (Friedman) Page 2 of 5
c) If a person is convicted of a third violation within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than $500.
d) If a person is convicted of a third violation within five years, CAL FIRE may perform or contract for the performance of work necessary to comply with the defensible space requirement and may bill the person convicted for the costs incurred instead of the fine.
8) Authorizes the court to reduce the fine imposed for the violation of the defensible space requirement to $50 if the person produces proof that the work has been done.
9) Requires, except as specified, any person that owns, controls, operates, or maintains any electrical transmission or distribution line in the SRA to maintain around and adjacent to any pole or tower that supports a switch, fuse, transformer, lightning arrester, line junction, or dead end or corner pole, a firebreak that consists of a clearing of not less than 10 feet in each direction from the outer circumference of such pole or tower.
10) Requires any person that owns, controls, operates, or maintains any electrical transmission or distribution line in the SRA to maintain a clearance in all directions between all vegetation and all conductors as follows:
a) For any line which is operating at 2,400 or more volts, but less than 72,000 volts, four feet;
b) For any line which is operating at 72,000 or more volts, but less than 110,000 volts, six feet; and,
c) For any line which is operating at 110,000 or more volts, 10 feet.
11) Requires dead trees, old decadent or rotten trees, trees weakened by decay or disease, and trees or portions thereof that are leaning toward the line that may contact the line from the side or may fall on the line to be felled, cut, or trimmed to remove the hazard.
11) Authorizes owners of any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or permission from the owner, after providing notice and an opportunity to be heard to the land owner, to prune trees to maintain and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees.
12) Declares the Legislature intends that the California Public Utilities Commission (CPUC) and CalFire encourage the use of the concept "right tree right place" to reduce the need for utility vegetation management.
13) Requires CalFire to assist local governments in preventing future high intensity wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within budgetary limitations. AB 1516 (Friedman) Page 3 of 5
PROPOSED LAW 1) Makes Resource Conservation Districts eligible within counties to receive loans from a county, as are many other special districts, to perform its functions and meet their obligations. 2) Requires a noncombustible zone within 5 feet of a structure located in the State Responsibility Area (SRA) or a Very High Fire Hazard Severity Zones (VHFHSZ). Requires CalFire to identify the types of vegetation or fuel that are to be excluded from a noncombustible zone based on the probability that vegetation and fuel will lead to ignition of a structure as part the their defensible space guidance documents. 3) Requires, on or before January 1, 2022, CalFire to update the guidance documents to include suggestions for creating a noncombustible zone within five feet of a structure. Specifies the noncombustible zone requirements do not take effect until CAL FIRE updates its guidelines. 4) Requires CalFire and each local agency within a VHFHSZ to make reasonable efforts to provide notice to residents required to maintain the noncombustible zone prior to imposition of any penalties for violations. 5) Requires each local agency enforcing defensible space requirements within the VHFHSZs to annually report to CalFire the number of inspections, enforcement actions, and estimated compliance rates within its jurisdiction. 6) Requires CalFire, where necessary and feasible, to use members of the California Conservation Corps, local conservation corps, RCDs, fires safe councils, or other entities deemed appropriate to remove vegetation that is inconsistent with defensible space requirements within the SRA. 7) Requires CalFire, commencing January 1, 2021, to ensure the inspection of each known structure within the SRA at least once every three years. Requires CalFire to provide a biennial training at each of its units for applicable local officials on defensible space inspections. 8) Requires CalFire, by July 1, 2021, to develop a wildland-urban interface risk model to determine the risk for a community or a parcel within local or state responsibility areas, and guidelines for the proper use of the model as provided. CalFire is required to update the model whenever fire hazard severity zones are revised. The model would include defensible space compliance data, whether building standards are complied with, community fire prevention work, and other relevant data. Guidelines shall be developed by CalFire so that the risks determined by the model can be made available to CalFire, the Insurance Commissioner, and the residents in the community or the parcel owner for which the risk is being modeled. 9) Prohibits, on and after January 31, 2021, a landowner in a high fire treat district, as determined by the California Public Utilities Commission (CPUC) or the SRA from planting vegetation or failing to remove volunteer vegetation, near electrical transmission and distribution lines and towers that can encroach within 10 feet of overhead conductors at any time. 10) Requires CalFire and the CPUC, in consultation with owners of any electrical transmission or distribution line, to develop a guidebook of tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, would not encroach within 10 feet of overhead conductors at any time. These provisions relating to utility lines are called “right tree, right place.” AB 1516 (Friedman) Page 4 of 5
11) Requires CalFire to make its dedicated fuel reduction crews available to local governments, special districts, and utilities, to the extent possible within the department’s budgetary limitations. Authorizes CalFire to establish a cost-share or in-kind contribution requirement for any fuel reduction work conducted for those entities.
ARGUMENTS IN SUPPORT According to the author, last year the Legislature made important improvements to California’s fire prevention efforts. However, there are additional opportunities to improve the fire safety of California communities.
Defensible space is vital for protecting homes and communities from wildfire. Homes complying with the newest building standards are ignition resistant only if defensible space requirements are being met. Last year on the first inspection over 24,000 homes in the SRA had not done their defensible space work. Hundreds of homes still had not done their defensible space work after three inspections. The state has no defensible space compliance or inspection data for VHFHSZs. In addition, many structures within the SRA are only inspected every four years while others are inspected every year.
It is believed that homes in recent fires ignited because vegetation was in front of their windows and under their eves. Creating a noncombustible zone within five feet of a structures for high fire hazard areas is recommended by fire professionals and was referenced in CalFire’s 45 day report to the Governor.
AB 1516 will improve compliance for defensible space requirements and institute a noncombustible zone. AB 1516 also requires the use of “right tree right place” for future planting under electrical lines in high fire hazard areas. Landowners could consult a guidebook developed to provide options of vegetation that would never grow into energized conductors and cause fires. This will reduce vegetation management costs, conflict with landowners, and reduce vegetation contact with lines. Finally, the AB 1516 modernizes CalFire’s requirements to provide technical assistance to local governments on fire prevention and appropriate vegetation management.
Although in support of the measure, the Personal Insurance Federation of California seeks creation of an advisory workgroup to participate in the development of the new wildfire risk model. This remains a matter in active discussion.
ARGUMENTS IN OPPOSITION The California Farm Bureau Federation is opposed unless the bill is amended to exempt orchards (that it does not consider to be fire threats) that are plowed or cultivated from the prohibition regarding encroachment within 10 feet of overhead utility line conductors. This question is under discussion between the opposition and the author and will likely be resolved.
COMMENTS The concern of the Farm Bureau is under active discussion with the author who has indicated it will be successfully resolved. AB 1516 (Friedman) Page 5 of 5
SUPPORT Allstate American Property Casualty Insurance Association – if amended CA Firesafe Council California Association of Resource Conservation Districts California Building Industry Association California State Association of Counties Midpeninsula Regional Open Space District Personal Insurance Federation of California – if amended Resource Conservation District Greater San Diego County Rural County Representatives of California San Diego Gas & Electric Sierra Club of California The Nature Conservancy
OPPOSITION California Farm Bureau Federation – unless amended
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AMERICAN PLANNING ASSOCIATION
ISSUE NUMBER 9 PRACTICE WILDFIRE ADAPTATION
9 ATTACHMENT 5 Zoning and Land-Use Tools in the Wildland-Urban Interface By Anna Read, aicp, and Molly Mowery, aicp
From wine country in California to suburban in two ways: the expansion of development WUI Challenges homes in Colorado to small towns in into wildlands and the revegetation of wild- When human development comes into Tennessee, large wildfires threatening homes lands in proximity to homes (such as the proximity with wildlands, it poses multiple and communities are in the headlines more reforestation of formerly agricultural lands). challenges. These include habitat fragmenta- often than ever. As development increasingly The former accounts for the vast majority of tion, spread of invasive species or diseases, spreads into areas that border or commingle WUI growth (Radeloff et al., 2018). and impacts on water quality (a significant with forests, grasslands, and other open Recent research by the SILVIS Lab at the concern given that National Forests are the spaces—an area known as the wildland- University of Wisconsin and the U.S. Depart- drinking water source for 66 million Ameri- urban interface, or WUI—more communities ment of Agriculture Forest Service (USFS) cans). Wildfire, however, is one of the primary are taking steps to proactively address the found that between 1990 and 2010, the WUI concerns due to the scope of potential risks associated with wildfire. (as defined in terms of housing density and impacts it can have on communities, includ- WUI regulations have traditionally been vegetation) increased in area by 33 percent ing local air and water quality issues, damage administered and enforced by local fire or (from 581,000 to 770,000 km2, an area larger to property, threats to public safety, damage building departments. As a result, many of than the state of Texas). Additionally, the to critical infrastructure and interruptions in these regulations focus on fire protection number of housing units in the WUI grew by services, loss of views and aesthetic values, standards (such as access and water supply), 41 percent (from 30.8 million to 43.4 million postfire erosion concerns, impacts to tourist- structural vulnerabilities, and public and homes), with dwellings in the WUI account- based economies, and more. firefighter safety. These are critical issues ing for 43 percent of new home construction Unlike other hazards, wildfires are that are essential for reducing loss of life and over this period. One-third of homes and often started by human activities. Wildfires property. However, as concern about and nearly one-third of the U.S. population are ignited by humans, including those that awareness of the WUI grows, communities located in the WUI, which accounts for just spread from homes to surrounding wild- are also recognizing the need to look at a less than 10 percent of the land area in the lands, account for 84 percent of all wildfires broader range of strategies to address and conterminous U.S. (Radeloff et al., 2018). and add an estimated 40,000 wildfires per mitigate wildfire risk to the built and natural The WUI is often spatially defined in year. They have tripled the length of the environments. This provides an opportunity terms of the relationship of developed land fire season and expanded the geography of for planners to play an active role in address- to wildlands. However, the WUI can also wildfire (Balch et al. 2017). ing and mitigating wildfire risk through local be thought of as a set of conditions where land-use and development regulations. the relationship between development and The Rising Costs of Wildfire wildlands increases the risk of or exposure As the WUI has grown, so too have the THE WILDLAND-URBAN INTERFACE to wildfire. These include both natural condi- costs associated with fighting wildland fire. The wildland-urban interface is defined as tions and conditions of the built environment. The costs of fire suppression have been the area where human development meets or Natural conditions include topography, consuming an increasing share of the USFS intermingles with wildlands, such as forests, hydrology, and climate, while conditions of budget, accounting for more than half of it grasslands, and shrub lands. The WUI is fur- the built environment include lot size, road in FY2015, compared to 16 percent in 1995. ther defined in two primary typologies: construction, the flammability of structures, And in FY2017, the USFS fire suppression the proximity of structures to other structures costs exceeded $2 billion. As more funds are • Intermix WUI—Development is inter- and vegetation, and the type and location directed to fighting fires, fewer resources are spersed with wildland vegetation, such as of vegetation. Essentially, the WUI does not available for other activities, including those forested areas. become a problem until these conditions com- that reduce wildfire risk. • Interface WUI—Development borders bine to create heightened wildfire risk. The costs of fire suppression, which but is not interspersed with wildland Multiple trends have driven growth in also impact state and local agency budgets, vegetation. This may appear as a clear the WUI. These include development expand- do not represent the full economic impacts of edge between the wildlands and the WUI ing outward as people search for more wildfire on WUI communities. Communities development. affordable housing in suburban and exurban face a range of direct and indirect economic communities, the development of second impacts from wildfire, including property The WUI has expanded rapidly over the homes in communities with scenic or recre- loss and damage, loss of working lands (e.g., last several decades and WUI conditions ational resources, and the desire to live in timber and agriculture), and disruptions to exist in all 50 states. WUI growth can happen proximity to nature. the tourism industry. The economic impacts
ZONINGPRACTICE 9.18 AMERICAN PLANNING ASSOCIATION | page 2 of the 2017 California wildfires are estimated the WUI. As the wildfire risk has grown—for that while many communities have under- to have been $10 billion (Cal Fire). reasons including both a changing climate taken activities to reduce their wildfire risk, and the long-term impacts of past fire man- these rarely include a comprehensive appli- Living with Wildfire agement practices—more people now live in cation of land-use planning tools. This may In many landscapes, wildfire is a natural areas that are at risk from wildfire. be the case for multiple reasons, including ecological process. It plays an important role It’s also important to understand that lack of staff capacity, lack of political will, in maintaining native plant species, control- response and suppression continues to or because wildfire issues have traditionally ling pest populations, and providing habitat. serve an essential role in community pro- been addressed by staff in other depart- However, following an intense fire season in tection. Fire response agencies are 97 to ments (Rasker et al. 2015). 1910, which burned through millions of acres 99 percent effective; although only a small As a result, land-use and development of forests and devastated frontier towns in percentage of wildfires escape initial attack, regulations are both important tools for com- Idaho and Montana, the recently formed under the right conditions these escaped munities to consider as part of their strategy U.S. Forest Service began to focus on rapid fires pose significant challenges to communi- for addressing and living with wildfire, and suppression of wildfires. This soon evolved ties when they burn into developed areas by many communities have yet to realize the into use of a “least-cost-plus-loss” model, overwhelming resources and leading to WUI full potential of these tools for addressing which focused on suppression levels that disasters (Cohen, 2008). Communities there- wildfire risk. accounted for the economic losses caused by fore should not rely on wildfire suppression Planners should consider a number of alone and must factors of how and where development is plan for scenarios located in the WUI, beyond whether or not where structures development is sited in areas of high wild- and other assets fire hazard. Although the list below is not are prepared for exhaustive, it does include considerations wildfires. likely to be addressed through land-use and development regulations: Fire Adaptation Because wild- • Spatial pattern and extent of development fire exclusion is in the WUI, including whether the develop- increasingly rec- ment is intermix or interface WUI, and the ognized as having density of the development contributed • Siting of structures on the lot, with to the wildfire considerations for topography, spacing management between structures, and setbacks challenge, and • Ingress/egress for fire-fighting equipment there is growing and evacuations, including standards awareness that for minimum width or maximum grade
U.S. Department of Agriculture wildfire plays an of roads and driveways, as well as important role in requirements for secondary access for This infographic from the USDA helps to illustrate the many ecosystems, emergency response or evacuation national scale of the wildland-urban interface. communities are work- • Hazardous materials or land uses, ing to adapt to living including the storage of hazardous or with wildfire. Becoming combustible materials, such as fuel stor- wildfires. By 1935, response and suppression fire adapted—or acting to improve a com- age facilities tactics had been codified into the so-called munity’s ability to live with wildfire—is an • Landscaping and vegetation mainte- 10 a.m. policy, which called for fires to be ongoing process that involves multiple tools nance, including creating and maintaining contained by 10 a.m. on the day after they and strategies. Effective land-use and zoning defensible space around homes and were reported (Donovan and Brown, 2005). regulations can be a key part of a commu- using native plants and drought- or fire- While these policies were designed to nity’s strategy for reducing risk and more resistant landscaping, reducing aesthetic protect towns and timber resources from effectively living with wildfire. features such as vegetative buffers, as wildfires, the active suppression or exclusion well as maintenance of community parks, of wildfire from landscapes with natural fire LAND-USE AND DEVELOPMENT REGULATIONS trails, or open spaces regimes interrupted the natural ecosystems FOR THE WILDLAND-URBAN INTERFACE • Water supply and water storage, includ- and led to an accumulation of understory, Where and how development is located in ing on-site storage which provides additional fuel for fires and the WUI plays an important role in mitigating • Land uses that allow for large congrega- helps them move more quickly. These fire wildfire risk. However, previous research by tions of people, such as outdoor mass management practices coincided with the Headwaters Economics, Wildfire Planning gatherings such as summer festivals, growth of development and population in International, and Clarion Associates found weddings, and concerts
ZONINGPRACTICE 9.18 AMERICAN PLANNING ASSOCIATION | page 3 The factors outlined above can be model WUI code for local governments—as menu of options that can be useful in addressed through a range of land-use and part of their International Fire Code update. addressing the challenges faced by munici- development regulations, from wildfire haz- The initiation of their WUI code followed the palities in the WUI. ard overlay zones to landscape standards, adoption of a Community Wildfire Protection which are further described in the section Plan and extensive public outreach, which Wildfire Hazard Overlay Zones that follows. These tools apply to different was incorporated into local amendments to Overlay zones are a tool to apply a supple- scales, from the community or district scale the code (Summerfelt and Wheeler). mental designation to the base zoning to the site scale (where there is most likely Following the 2003 fire season, which provisions of a zoning district. Overlay to be overlap with issues addressed in the included the Cedar Fire—California’s largest zones, which are used for a broad range of building or fire codes). These tools may be wildfire up to that time—San Diego County purposes, can be an effective tool for com- incorporated into zoning ordinances and adopted a defensible space ordinance for munities in the WUI because they modify land-use and development codes, or may be the unincorporated areas of the county (San the base zoning provisions of the district, adopted as stand-alone ordinances, as is Diego County). The ordinance prohibits the creating area-specific standards. Creating a generally the case with a WUI code. Others, accumulation of combustible materials or wildfire hazard overlay zone can therefore be such as wildfire overlay zones, require that other vegetative waste, as well as flammable used to apply additional standards aimed at the community have a zoning ordinance. This materials within 100 feet of the exterior mitigating wildfire risk. may be a challenge in communities that do perimeter of a property and within 30 feet of A community may limit development of not have zoning authority. a property line. It further prohibits the accu- certain uses, such as critical facilities, within It’s important to note that land-use mulation of such materials within 10 feet on the wildfire overlay zone. Or it may require controls are not meant to eliminate the risk either side of driveways and private roads. additional review for development, or spe- of wildfire, but to be a tool for communi- It also allows the fire warden to determine if cific mitigation practices, such as defensible ties to locate and regulate development more extensive zones of clearance are neces- space or fire-resistant landscaping. Imple- in ways that mitigate risk and help them sary (SEC. 68.404. A-D). mentation of a wildfire hazard overlay zone more effectively live with wildfire. It’s also The regulatory interventions pursued requires technical mapping of the wildfire important to note that there are different by these three municipalities represent just hazard area. considerations for existing development in a small subset of the potential paths that One important note in using overlay the WUI, where structures are unlikely to be cities and counties may want to pursue. The zones is that wildfire hazard areas can be relocated and where nonconforming uses following codes, mechanisms, standards, extensive across communities and may not are likely to exist, than there are for new and practices provide a more complete fit neatly within an easily defined area; in all development that can be planned and built to current codes and standards. In practice, implementation of land-use and zoning regulations to reduce wildfire risk and moderate impacts to the natural environ- ment has taken a variety of forms. Douglas County, Colorado, located between Denver and Colorado Springs on Denver’s Front Range, adopted a Wildfire Hazard Overlay District in 1999. The overlay district applies to all areas that have been mapped and any areas that have been field-verified as potential hazard areas based on an adopted hazard rating system. Development and the various measures used to regulate develop- ment such as building permits, exemptions, rezoning, site improvement, and subdivi- sions, must mitigate hazards and comply with standards for road and street design, signage, and emergency water supply (Doug- las County).
Flagstaff, Arizona, is located in the Eglin Air Force Base largest contiguous ponderosa pine forest in the world. The majority of the city is located This photo from Fort Walton Beach, Florida, illustrates the often sharp within the WUI. In 2008, the city adopted the delineation between wildland and urban areas, and the risk of wildfire. No International Code Council’s International structures were damaged in this June 2011 fire. Wildland Urban Interface Code (IWUIC)—a
ZONINGPRACTICE 9.18 AMERICAN PLANNING ASSOCIATION | page 4 Federal Emergency Management Agency
Los Angeles’s Sayre Fire of 2008 destroyed 489 residences, including 480 homes in the Oakridge Mobile Home Park pictured here. Damage to local infrastructure and utility services made even the surviving homes uninhabitable.
cases, communities should tie the delinea- additional growth in existing development Municipalities should also check with their tion of hazard zone to a wildfire hazard map. in high-hazard areas or further expansion state building councils to determine whether of development in the WUI. Both structures additional locally adopted WUI requirements Transfer of Development Rights encourage development in areas of the com- within the building envelope do not conflict Transfer of Development Rights (TDR) munity with lower wildfire hazard. with state building code authority. programs designate “sending areas” and “receiving areas.” The sending areas pre- WUI Code Subdivision Regulations and Cluster serve and protect open space or other A WUI code is designed to promote safer Subdivisions ecologically important areas in perpetuity building and development within a wildland- Because subdivision regulations address a in exchange for higher density development urban interface area. WUI codes are often range of conditions on the parcel, they can in the receiving areas, or areas of the com- adopted as stand-alone codes that work in be an effective tool for addressing a number munity where development is encouraged. conjunction with the local fire and building of issues of concern for communities in the Because TDR programs permanently protect codes. WUI codes address a broad range WUI. These include access (ingress/egress), open space and ecologically important of considerations, including establishing roads, water supply, landscaping and veg- areas, they can be designed to include minimum regulations related to the density etation management, street signage, and designated areas of wildfire concern as and location of structures and defining areas of refuge. Subdivision regulations also sending areas or to prohibit the inclusion of allowable building materials and vegeta- define the allowable density of development areas of wildfire concern in the designated tion management practices. WUI codes also and address siting of structures on the par- receiving areas. Designating areas of wild- address access for emergency vehicles and cel. They may also enumerate requirements fire concern as sending areas permanently water supply. WUI codes may apply to all for open space within the development. conserves these areas as open space, which new construction, as well as modifications Subdivision regulations may address reduces development in higher hazard to existing structures or properties. The clustering of buildings on the site (cluster areas. Prohibiting the inclusion of areas of IWUIC provides a model for municipalities subdivisions), often in conjunction with the wildfire concern in receiving areas can limit that are interested in pursuing a WUI code. provision of open space.
ZONINGPRACTICE 9.18 AMERICAN PLANNING ASSOCIATION | page 5 Cluster subdivision standards (also firefighters to more safely protect homes Understanding Existing WUI Regulations referred to as conservation subdivisions), from wildfires. This article outlines multiple planning tools can be a another tool for addressing develop- that communities can use to address chal- ment location to reduce wildfire risk in the Landscape Standards lenges in the WUI. However, the regulatory WUI. These standards can be mandatory or Defensible space regulations may address steps that communities have taken to address optional and are generally included in and landscaping; however, communities wildfire risk in the WUI are most often con- implemented through subdivision regula- may also want to more comprehensively centrated in the fire and building codes. The tions. They cluster development on a site address landscaping in areas of wildfire risk building code can be used to address construc- without increasing the overall density on through more specific landscape standards. tion and materials to mitigate wildfire risk, that site. This can protect and preserve open These standards address the landscaping including use of ignition resistant materials space on the site and can also create fuel on a site, specifying the types of plants for roofs, decks, and patios. The fire code may breaks or defensible space that help protect allowable, the amount and location of contain provisions related to water supply and homes from wildfire (and wildlands from landscaping, and required maintenance. on-site water storage, as well as standards homes). These standards can be used to clus- Landscape standards can be used to related to fire equipment access to the site. It ter development outside of high-risk areas. encourage or require the use of drought- is important for planners working in the WUI A University of Wyoming study exam- tolerant and fire-resistant plants in areas of to be aware of and understand wildfire and ined fire suppression expenditures across wildfire risk. WUI-related provisions in other adopted codes 291 wildfires in three western states and They can also address the spacing and and build relationships with their colleagues in found that the cost of protecting a small maintenance of trees and shrubs on a site other departments who have responsibility for number of homes in a dispersed develop- to make it more difficult for fire to spread enforcing these regulations. ment pattern exceeded the cost of protecting between landscape elements and to the a larger number of homes in a clustered home or other structures. Addressing Conflict Between Regulations and development pattern by up to $620,000 WUI Management Goals (Scofield et al. 2015). Cluster subdivision Use-Specific Standards Another consideration for communities in the standards can be an important tool for man- Use-specific standards apply a supplemental WUI is potential conflict between existing dating or encouraging development outside set of conditions or regulations applied to regulations and WUI management goals. For of high-risk areas, creating fuel breaks specific land uses. They can be applied to example, if a community has landscaping between homes and wildlands, and reducing all zoning districts, or to specific subareas, standards that promote vegetative buffers, the costs of fire suppression. It is important such as a community’s mapped WUI or these could be at odds with defensible to note that even in cluster subdivisions, areas of high wildfire risk. They can address space requirements or fuel reduction goals. minimum setbacks between homes should specific issues related to wildfire hazards, Sign code regulations that seek to minimize still be required in high-density areas where such as hazardous materials of fuel storage. signage may be at odds with WUI code wildfire is a concern to allow for the manage- Use-specific standards can be subject to dis- regulations that require signs to direct fire- ment of vegetation surrounding homes and cretionary review to determine whether the fighters in rural or remote areas. And urban reduce the risk of home-to-home ignitions. proposed use complies with the standards. design guidelines may conflict with access measures for fire-fighting equipment. Defensible Space Regulations Code Enforcement Planners can play an important role in Defensible space regulations are a common WUI regulations cannot be effective without identifying and addressing areas where there and important type of regulation in the WUI. ongoing enforcement. This can be a chal- may be conflict between existing land-use Defensible space regulations define zones lenge in resource-limited communities or and development regulations and goals or for the treatment, maintenance, and removal where multiple departments are involved priorities for WUI management , and can of vegetation and debris around the struc- and lines of responsibility are not clearly facilitate conversations across departments ture. Defensible space is often defined in two delineated. For example, a study by the to help resolve these conflicts. zones—an inner zone where all combustible National Fire Protection Association, high- material must be removed, and an outer lighted in the May 2012 issue of Zoning CONCLUSION zone, where vegetation must be carefully Practice, found that the foremost main- The WUI has grown rapidly over the last spaced and maintained. tenance challenge cited by 12 case study several decades and, given current devel- These regulations serve three pur- communities was ongoing maintenance opment trends, is expected to continue to poses. First, they protect homes from of defensible space (Mowery and Anthony expand over the next several decades. Past wildfire by creating a buffer between the 2012). Regulations that are not implemented wildfire management practices combined home and the surrounding wildlands to or enforced will not result in a reduction of with decades of rapid growth in the WUI reduce the likelihood of structural dam- wildfire risk to the community. As a result, it and changing climate patterns have made age from flames or radiant heat; second, is important that communities clearly define wildfire a real and growing concern for com- they reduce the risk that a structural fire the responsibility for enforcement and des- munities across the country. will spread from the building to the sur- ignate the necessary staff and resources to Where and how development is located rounding wildlands; and third, they enable enforce the adopted regulations. in the WUI has an impact on a community’s
ZONINGPRACTICE 9.18 AMERICAN PLANNING ASSOCIATION | page 6 resilience to wildfire. As communities take used in conjunction with other tools and steps to mitigate their wildfire risk and strategies, such as community wildfire pro- ABOUT THE AUTHORS become more resilient to wildfire, land-use tection plans, fuel treatments, and home and development regulations, includ- owner outreach and education. Anna Read, aicp, is a coauthor of the ing wildfire overlay zones, subdivision Although many of the country’s largest forthcoming PAS Report, Planning the regulations, landscaping standards, and and most destructive wildfires have recently Wildland-Urban Interface. She is a former defensible space regulations, are an impor- occurred in the West, wildfire is not just a senior program development and research tant part of the toolbox. western issue. WUI conditions exist in all 50 associate at the American Planning This creates a more active role for states, and the challenges faced by commu- Association. Prior to joining APA, she planners in WUI management, which has nities within the WUI are considerable. worked on regional broadband planning traditionally been the purview of the fire As WUI development continues and efforts for the state of Missouri and as a and building departments. more people live in proximity to areas that project manager for the International City/ It is important to consider land-use and are at risk for wildfire, planners can play an County Management Association’s Center development regulations as one part of a active role in working to address and miti- for Sustainable Communities. She has a community’s strategy for addressing wildfire gate wildfire risk through their community’s master’s degree in city and regional planning risk in the WUI. The regulations should be land-use and development regulations. from Cornell University.
Molly Mowery, aicp, is a coauthor of the REFERENCES forthcoming Planning the Wildland-Urban Interface. She manages Wildfire Planning Balch, Jennifer, et al. 2017. “Human-started Mowery, Molly and Anthony, Paul. 2012. International, a consulting practice wildfires expand the fire niche across the “Limiting Wildfire Risk Through Land dedicated to helping communities across United States.” Proceedings of the National Use Controls.” Zoning Practice, May. the United States address the planning Academy of Sciences 114 (11): 2946–2951. Available at https://bit.ly/2Lh1TJa. challenges and opportunities of living in Available at https://bit.ly/2NCHxGV. the wildland-urban interface. She has a Radeloff, Volker, et al. 2018. “Rapid master’s degree in city planning from the Cal Fire. “Top 20 Largest California Wild- growth of the U.S. Wildland Urban Inter- Massachusetts Institute of Technology. fires.” Available at https://bit.ly/2LiZwpd. face exacerbates wildfire problems.” Published ahead of print March 12. City of Flagstaff, Arizona. “City Code.” Proceedings of the National Academy Available at https://bit.ly/2uIS5NB. of Sciences. Available at https://bit. ly/2NzLe02. Cover: U.S. Fish and Wildlife Service, Cohen, Jack. 2008. “The Wildland Urban- via Wikimedia Commons Interface Fire Problem.” Forest History Rasker, Ray, et al. 2015. “Integrating Today. Fall. Available at https://bit. Wildfire into the Land Use Planning ly/2JSJ49L. Process: A Case Study on Summit VOL. 35, NO. 9 County, Colorado.” Available at https:// Zoning Practice (ISSN 1548–0135) is a County of San Diego, California. “Code bit.ly/2uGaZFc. monthly publication of the American of Regulatory Ordinances.” Available at Planning Association. James M. Drinan, jd, https://bit.ly/2Le4dAJ San Diego County Planning and Devel- Chief Executive Officer; David Rouse, faicp, Managing Director of Research and Advisory opment Services. “Fire, Defensible Services; Joseph DeAngelis, aicp, and David County of Douglas, Colorado. “Douglas Space, and You. . .” Available at https:// Morley, aicp, Editors. County Zoning Resolution, Section 17— bit.ly/2JMGNg4. Subscriptions are available for $95 (U.S.) and Wildfire Hazard Overlay District.” Available $120 (foreign). Missing and damaged print at https://bit.ly/2JMdF8T. Scofield, Anna, et al. 2015. “Residential issues: Contact APA Customer Service (312- 431-9100 or [email protected]) Development Effects on Firefighting within 90 days of the publication date. Donovan, Geoffery, and Thomas Brown. Costs in the Wildland-Urban Interface.” ©2018 by the American Planning Association, 2005. “Wildfire Management in the U.S. Ruckelshaus Institute, University of which has offices at 205 N. Michigan Ave., Forest Service: A Brief History.” Natural Wyoming. Available at https://bit. Suite 1200, Chicago, IL 60601–5927, and 1030 Hazards Observer 29 (6). Available at ly/2uIRmME. 15th St., NW, Suite 750 West, Washington, DC 20005–1503; planning.org. https://bit.ly/2JJj9kJ. Summerfelt, Paul, and Jim Wheeler. All rights reserved. No part of this publication may be reproduced or utilized in any form or International Code Council. 2015 Inter- “Wildland-Urban Interface Code Adop- by any means without permission in writing national Wildland-Urban Interface Code. tion: How to Avoid the Agony.” Available from APA. Available at https://bit.ly/2hFzVoN. at https://bit.ly/2uYt5RU. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste.
ZONINGPRACTICE 9.18 AMERICAN PLANNING ASSOCIATION | page 7 WILDFIRE ADAPTATION? WILDFIRE YOUR CODEDOES ENCOURAGE ZONING PRACTICE AMERICAN PLANNING ASSOCIATION
205 N. Michigan Ave. Suite 1200 Chicago, IL 60601–5927 9 ZONING PRACTICE APRIL 2018
AMERICAN PLANNING ASSOCIATION
ISSUE NUMBER 4 PRACTICE FORM-BASED ZONING
ATTACHMENT 6 Living with Your Form-Based Code By Nancy Stroud, aicp, and Elizabeth Garvin, aicp
Form-based codes (FBCs) have been avail- vigorous public outreach and communica- The Regulating Plan is comparable to able as a zoning approach in various tion. Then we’ll explore a variety of situations an area plan or specific plan that establishes incarnations for about 30 years. According where conflicts often arise during the devel- a very specific future development map. A to the Code Study, a collaborative effort opment review process, and what practical regulating plan has characteristics similar to to track the development and adoption of methods may address and resolve them. a detailed development plan or preliminary form-based codes, as of February 2017, there Finally, we’ll discuss the process of adjusting plat. The only difference is that creation of were 654 codes that met the criteria for form- the new code as necessary and appropriate. the regulating plan usually precedes develop- based codes established by the Form-Based ment, whereas the development or plat are Codes Institute, 344 of which have been IMPLEMENTATION STARTS WITH DRAFTING part of the approval process. The regulating adopted. While the study lists codes from 48 The FBC implementation process starts with plan pulls together both the building form states, more than one-third of all form-based keeping track of the multiple changes from standards and the public space standards codes in the U.S. are in just four states: a traditional to a form-based regulatory described below and applies them to the com- Florida, California, Texas, and Virginia. So, approach that are made during the drafting munity, typically at the lot or block level. depending on where you work as you read process and that will be reflected in both Unlike many site-layout regulations in this, you may not have seen a form-based how a site is designed and how it is reviewed. a traditional zoning code, particularly an code in action in your part of the world yet. These changes can be generally categorized older zoning code, which are either generally Like previous “new” approaches to zoning, as changes that need to be highlighted and applicable or mix-and-match depending on such as planned unit development, perfor- changes that need to be taught. For example, the use, form-based regulations are place mance zoning, and conditional zoning, this changing from a setback line to a build-to line specific. A clear regulating plan helps both design-based method of regulation has may just need to be illustrated in the regula- staff and the applicant apply the correct moved along the zoning continuum from its tions and highlighted through the public regulations to the parcel. Where a commu- outsider start to its current status as a fairly outreach process. Changing from a setback nity chooses not to adopt regulating plans, mainstream and well-recognized tool. line to a block-based contextual setback may it is critical to identify how the various parts Many in the planning and design commu- need to be taught. Teaching should take place of the form regulations work together so an nity recognize the value of form-based codes throughout the drafting process, should be applicant understands, for example, that an in providing improved regulatory specificity the subject of focus in post-adoption training, urban form frontage cannot be mixed with a about the built environment. A great deal of and can best be supplemented with a user’s suburban form parking lot design. time and effort on the part of planners, devel- manual that is produced in conjunction with Building Form Standards are the regula- opers, architects, and the community goes the new regulations. tory requirements for the various individual into adopting a new form-based code. Waiting building types recognized in the commu- offstage and outside of the footlights, though, Components of Form-Based Codes nity. Many of the standards contained in is the drama of implementing and using the A typical form-based code has three key the building envelope standards are also new regulations. Most communities have the component parts; the careful drafting of each included in traditional regulations, but the systems in place to implement an updated is critical to ensuring a (more) smooth imple- physical design focus of form-based codes traditional code. Form-based codes, however, mentation process. elevates the importance of these standards. are more than a little different than traditional codes when it comes to project review. If a community’s current application review pro- cess is not already heavily design oriented, the process and the people involved in the process may need to change to accommodate the new review requirements. This article will focus on preparing for and living with the day-to-day administration of a form-based zoning code. After a brief description of the typical form-based code, we will discuss how to introduce the code to City and County of Denver Community Development and Planning essential internal and external users, with a particular emphasis on training (for both staff This illustration from Denver’s zoning code highlights select building form and the development community), educa- standards for shopfront buildings in an Urban Neighborhood Context. tion of elected and appointed officials, and
ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION | page 2 While traditional zoning identifies a regula- same meaning in all contexts. Be very clear tory black box on a lot for the applicant to fill, about when standards or procedures are form-based codes fill that box with a struc- mandatory (use the word “shall” or “must”), ture that works in the community context. as opposed to when they are advisory (“are Changes to the way a community mea- encouraged to” or in many jurisdictions sures building form can result in all kinds “may”). We counsel clients that advisory lan- of questions from applicants, along with guage means that the regulation is optional some creative interpretations of the code. and the applicant can choose to opt out. For example, while height restrictions are Statements of Intent. Statements of standard in traditional regulations and usu- Intent, particularly in the introductory provi- ally expressed in feet, in a form-based code sions of the form-based code, can be very building height is used to ensure that all helpful to explain the purpose of the form- structures in a specific area “fit” together, based code and what it seeks to achieve. and may be expressed in stories rather than Because the new code will often dramatically feet. Where the form-based code does not change the regulatory framework, form- specify a measurement range for a story, an based codes may usefully contain a fuller applicant may decide to extend the height of description of intent than a conventional each story and ultimately the height of the code. Once the visioning and educational structure, thus undermining the whole con- City of Boulder process of community involvement leading cept of “fit.” up to code adoption is ended, the statement Finally, Public Space Standards regu- The form-based code for the of intent articulates and carries forward late streets and public spaces. Creating Boulder Junction area in Boulder, this community vision for the future users walkable communities is a core tenet of Colorado, specifies required of the code. For example, the Miami21 code form-based coding, so the street standards locations for different types of includes an extensive description of purpose are both pedestrian- and automobile- public space. and intent, including “guiding principles” oriented. These standards include: (1) the that describe goals for the city, the com- design of individual street types (also called munity (including neighborhoods), and for thoroughfares, but that’s always harder to new ones. For example, state statutes typi- blocks and building (see miami21.org). The spell) with travel lanes, bike lanes, parking cally use the term “variance” to describe Nashville Downtown Code (DTC) has an areas, and sidewalks; (2) the design and con- and enable a particular land-use approval extensive introduction section that provides nectivity of the overall street system; and (3) that must meet specific statutory standards. information about both why the code estab- required streetscape standards. The active In that case, the code should not create a lishes specific regulations and how those regulation of public spaces may be a new new land-use approval process that does regulations will be applied to meet com- idea in communities with traditional zoning not adopt those same standards while refer- munity goals. For example, in support of the regulations; public space dedication is more ring to it as a “variance.” The same can be goal to “create and nurture urban neighbor- typically a function of subdivision design. true for statutory planning words such as hoods,” the introduction explains: Explaining the function, size, and design “exceptions” or “consistent.” Furthermore, requirements of the various types of public be aware of circumstances where the code To create these distinctive urban neighbor- spaces will need to be part of the implemen- language may have been the subject of court hoods, the DTC aligns the regulations of tation process. interpretation, as that interpretation must be each subdistrict with the intended char- respected if the same language is used. acter of the neighborhood. For instance, Drafting Tips for Form-Based Codes Plain English. While it is true that the South Gulch is envisioned to continue The best way to head off the angst of change form-based codes have developed their as a high-rise and midrise, mixed-use when moving from a conventional code to a own “terms of art,” the more that the code neighborhood. The DTC codifies mid-rise form-based code is to take care in the initial uses plain English, the more readable, height in the general subdistrict and allows drafting of the new code. Code ambiguities understandable, and usable the new code high-rise buildings on key intersections resulting from poor drafting are often the will be. The reader should not have to take and along important streets. In contrast, subjects of the first code amendments after a secondary language course to understand the North Gulch is envisioned to be a low- the initial code adoption. Head off difficulties how the code works. Use short declara- rise neighborhood – to preserve Capitol by addressing the following before adopting tory sentences, avoiding the passive voice. views and transition into the Hope Gardens the code: Write like Hemingway, not like Faulkner, and John Henry Hale neighborhoods. The Statutorily Defined Terms. Some state when writing a code. Do not use two words DTC codifies this vision by capping the and federal statutes use terms that attach when they have the same meaning; as one overall height, allowing for less intense specific meaning to land-use requirements. practitioner has stated: “To add is human, development such as two story houses and In these cases, it is very important to use to delete is Divine.” Words that are used townhouses, and encouraging porch and those terms (accurately) and to not invent repeatedly throughout code must retain the stoop frontages.
ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION | page 3 Definitions. Accurate definitions are ADMINISTRATIVE PREPARATION checklist may seem like an unnecessary critical to the code’s usability. All terms The new regulations will need to be rolled use of staff time when it is the applicant’s of art should be included in definitions. out both internally and externally. There responsibility to follow the code. We dis- Definitions should not contain regula- are several ways in which the rollout of the agree. A good application checklist directs tions or commentary. Regulations should new code can be made more successful for the applicant to self-help and reduces the appear in the relevant sections of the both audiences through advance training number of times that an applicant will call code; commentary should appear in state- of staff and advance preparation of guides or stop by with questions. This frees staff to ments of purpose or in supplementary, and forms. help with complex design issues or to work nonregulatory publications such as vision on other projects. The checklist should: (1) statements or guides. Internal Administration identify all of the required contents of the Graphics. Form-based codes rely The design-centric nature of the form-based plan, preferably with short descriptions and heavily, and with great effect, on graphics. code may require additional training for the references to relevant code sections so the Tables, charts, and illustrations often can existing staff, and additional expertise to applicant can refer back to the code if nec- efficiently communicate standards more supplement their skill sets. Administrators essary; (2) distinguish requirements that understandably than words. The code should across departments may need to learn new may not be applicable to all developments be very clear about when graphics are concepts and must become familiar with new (e.g., FAR is not measured on residential explanatory and illustrative rather than regu- regulations and tools. Participation in the sites, or supplemental landscape standards latory, and captions for the graphics are very development and testing of the new code are applicable along specific streets); and helpful in providing this clarity. by existing staff—across departments—can (3) provide the applicant with a guide to identify where the gaps in expertise and relevant choices, such as identifying spe- TESTING YOUR FORM-BASED CODE experience lie. This early identification and cifically applicable subarea regulations Prior to adopting the code, and throughout planning for additional or different assis- (while also asking the applicant to identify the process of drafting, the various provi- tance will prepare the administration for where they have made relevant choices; for sions of the code should be put through budget impacts as well. example, identifying where the applicant testing scenarios. Testing will identify where The new code certainly will require has provided a sufficient amount of afford- the code is unclear or not effective. It will new or revised application forms and review able housing to opt into a square-footage also highlight those types of reviews that and comment sheets. It will be useful to bonus for a commercial structure). may require additional staff training or com- create a review sheet for each project type, Some examples of detailed submis- munity education. Test the code for the types identifying relevant code provisions, provid- sion checklists include Arlington County, of standard and high-profile development ing necessary interpretations (or changes Virginia’s Columbia Pike Form Based Code applications that the community expects, or to the draft), and flagging issues that may Development Application; Malta, New York’s hopes, to be reviewed. need special attention or items that need FBC Project Application Checklist; and Colo- Certainly, the administrative staff that other departmental reviews. Charts that rado Springs, Colorado’s FBZ Development will be responsible for implementing the compare the old and new provisions can Plan Application Requirements. code should be involved in applying the guide the transition for staff and other users. At this point in the process, it is also newly drafted code to various development Implementation of the new code may also prudent to analyze whether the new code application scenarios. Planners, zoning require new or updated computer software would be better implemented with restruc- technicians, building permit officials, and for intake, processing, and records retention. tured review bodies, or whether board code enforcement personnel are examples If a local government relies on its website to member qualifications need to be changed. of people who need to understand the provide project submission and review infor- Should new board members be appointed? code before its adoption, so they can alert mation, this is the time they should update Can those community members active in the drafters to potential administrative that information. the development and adoption of the code issues. Staff should be asked “what is the Communities can use the creation of an become board members who help to ensure worst (and best) result that can be cre- application form and checklist as an inter- the success of the code? Putting these ated with this process or standard?” as nal education tool to identify places where changes in place before or concurrent with well as “how can we make it work better?” interpreting and applying the form-based the new code adoption helps to position the Testing by the end users of the code—the regulations is straightforward and places community for better outcomes. applicants and their professional con- where more education, better graphics, and For everyone involved in the implemen- sultants—will also alert the drafters of perhaps code amendment will be helpful to tation of the new code, including the staff, potential glitches in the code. We also sug- staff. And where code changes are helpful to board members, and elected officials, a gest that laypersons should be involved improve staff understanding, they are usually user’s guide to the code will be very helpful. in the testing, to learn how usable and also helpful to the development community. Some communities adopt the code with a understandable the code is to the general A good application form and checklist narrative supplement to the effect of “how community, including residents and home go beyond requiring a generic site plan and to use this code.” This walks the reader, in owners who are likely to pay attention to instead provide guidance about navigat- layperson’s language, through the basic potential future development. ing the regulations. Creating a detailed process of determining which regulations
ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION | page 4 Arlington County, Virginia
In 2013, Arlington County, Virginia, adopted the Columbia Pike Neighborhoods Form Based Code to facilitate the preservation of 6,200 affordable housing units. apply to a project, including the applicable • Nashville, Tennessee, Downtown Code: of changes to measurable regulations up procedures and standards. A more extensive A “how-to” guide is included in the code to a specific percent of modification and explanation, with illustrations and other introduction. It provides basic instruc- one that creates a higher level of review— helpful aids, can be provided in an admin- tions for using the regulations as well typically discretionary—for either a greater istrative manual. In abbreviated form, the as an overview of procedural options for percentage of change or change to a more code and the changes it incorporates can be modifications to standards. subjective regulation. For example, an explained also in a “frequently asked ques- • Boulder, Colorado, Form-Based Code: administrative modification may be permit- tions” document available at the planning Instructions for the user are built in to ted for a change of 10 percent or less to a counter, the community website, or other pub- the individual sections of the Boulder parking lot setback where the topography lic areas. Examples of a range of approaches Junction Phase 1 Code Area, providing of the lot makes it a better choice to locate to form-based code user guides are available users with both graphics of design ele- a space in the setback rather than perched online. Some approaches to providing users ments as well as maps of where specific over a steep grade. In the same code, there with a guide to the regulations: element types should be included in the may be a provision that allows planning site design. commission or elected official review and • South Padre Island, Texas, Padre Boule- approval of a landscape plan that reduces vard and Entertainment District: The guide Finally, a critical area of discus- the required private open space on a lot and takes applicants on a step-by-step walk sion needs to be around the selection of replaces it with a public art installation. through the code to determine applicable administrative procedures. This will be Another subject for form-based-specific regulations, along with illustrations and most relevant for communities that stick procedures is creation of, and amendment sample calculations. to the basic review processes of rezoning to, regulating plans. Old-school form- • Chapel Hill, North Carolina, Form- and subdivision approval with the random based codes came with the regulating Based Code Guide: This guide offers a conditional use approval thrown in for vari- plan built in, but these days we are also detailed preadoption community guide ety. Form-based regulations require site observing more options to create a regulat- to form-based code basics, regional plan review and, at a minimum, a method ing plan after the fact. As an example, see use, anticipated outcomes, and how to modify design standards to meet site Cincinnati’s Form-Based Code (http://bit. form-based regulations could work in a conditions. This is a different procedure ly/2GpInoc), which includes instructions specific area. than a variance; and, as we noted above, a for creating a regulating plan as part of the • Miami, Miami21: The code preamble variance is a specific procedure with legal code. We would be remiss in our duty as describes step-by-step instructions for requirements that should not be “adjusted” attorneys to not tell you here that much of how to navigate the various sections to change the form-based regulations. what is permitted in administrative proce- of the code, and the city’s webpage Many communities opt for at least dures is regulated by state law, and your provides an abbreviated description two types of design modification: one jurisdiction’s attorney should review pro- (miami21.org/zoning_usingthecode.asp). that allows the administrative approval posed procedures prior to adoption.
ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION | page 5 Neighborhood Outreach small or simple projects get administra- The basic understanding of the code needs A mantra of form-based codes proponents tive approval, but projects with community to be maintained. The leadership involved is “make the good easy.” In the form-based impact get a standard public hearing. in initial adoption and implementation will codes process, one way this is done is by Maybe general commercial development likely change over time. The materials and front-loading the public involvement pro- gets administrative approval, but down- programs that explain the code and its cess. The regulating plan and conceptual town development gets a public hearing. Or operation need to be kept up to date and in design criteria are typically established maybe any project that includes significant the community’s awareness. through an on-site, open-invitation public changes to public infrastructure, such as Raleigh, North Carolina, is an example charrette process. Members of the commu- street narrowing, requires a public hearing. of a community that has undertaken an nity are invited to provide feedback about The point of public involvement in any of ongoing conversation about form-based preferred design options through visual these cases may not be to change the proj- regulations. Raleigh adopted a new form- preference surveys, design meetings, and ect design, but simply to inform the public centric code in February 2013 with a workshops organized over a concentrated of changes that will be taking place and six-month window for applicants to submit time frame, and then provide feedback on gather input that may ultimately improve projects under the old code. During that six- the draft regulating plan and form stan- the process or the code—and possibly to month window, Raleigh’s city planning staff dards. Then the governing body adopts the also avoid a bitter referendum on the form- provided external outreach about the new regulating plan and standards. In many com- based code and the elected officials and regulations through three to six in-person munities that adopt form-based codes, this staff who adopted it. presentations per week to design profes- is the end of the public input process. Unless sionals, civic groups, neighborhoods, and a proposed project is not in compliance with TALKING ABOUT THE ADOPTED CODE anybody else with an interest in how the the regulations, the project is approved Post-adoption is the time when the fun code would work. administratively, without any further notice changes from “this new code is so excit- Internally, the city’s development ser- to the neighbors. ing and will solve all of our problems” to vices staff did formal training on the new Neighbors, even though they may have “wait, this new code won’t let me build my code that still continues, as needed, to the participated in the charrettes and code- postmodern one-story, with a rusted-metal current date. adoption process, understandably are the exterior indoor/outdoor building for a cat A structured approach, such as group most likely to react in unpleasant cafe and vintage roller rink downtown. I’m Raleigh’s, is key to providing both staff and ways if they are not notified of new develop- calling my council member.” We need to talk the design community with a similar under- ment. While the intention to limit additional up the code, talk about the code, and keep standing of how to use the new regulations. input and comment for conforming projects coming back to the code. At the outset we The adoption of the form-based code is correct in terms of streamlining project need to keep everybody moving forward ideally brings at least a brief “honeymoon” approval, there is no legal requirement with the code. At some point down the road, for the community as it celebrates the that the typically recommended, no-input we can also start letting them know that the promise of better community development form-based code procedures be adopted code is working. Dialogue is good; mono- and placemaking. Of course, “life hap- with the new form-based code. And indeed, logue may be necessary. pens,” and the challenges of implementing as projects become more complicated and It can be useful to liken a newly the code will continue. more code interpretation is required, there adopted form-based code to a smartphone. Code implementers can maintain the are more legal reasons to opt for a higher- Most of us have heard of smartphones; momentum by looking for and helping to level review process. many of us somehow decided that we create success stories to share. Fort Worth, Texas, provides an needed a smartphone. And some of us, One of the reasons that form-based example of how to maintain community upon getting our smartphones, had no idea codes have gained popularity is the prom- involvement in both the FBC creation and how to make it do all the things it could do. ise that development results will be better application-review process. Fort Worth This is a recurring theme in discussions for the public, the process more predictable encourages the hands-on creation of new about form-based codes—not everybody and less costly for the developer, and that form-based regulations at the neigh- who will be using the code really under- projects will add sustainable economic borhood level. When an application is stands the code. If your community is value to the community. The development submitted that is noncompliant with the considering preparing a form-based code, community can be an ally in delivering specific FBC, the applicant is referred to the very first step should be to make sure this promise if parties are willing to work community partners in the relevant neigh- that people who are not experienced plan- together to create a success story. Those borhood to discuss options for revising ners, such as elected officials, development success stories need to be shared through the application to address both the neigh- professionals, and residents, can get on various media, including both external and borhood’s and developer’s design and board with this approach. internal media sources. Arlington County, function requirements. And one conversation is most likely Virginia, keeps track of the projects built Your community can decide to proceed not enough. The new code must also be the in the Columbia Pike form-based code area in a variety of ways to allow public input in subject of continuing education for the com- and shares on the project website details the development approval process. Maybe munity and its leaders and administrators. about the number of new residential units
ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION | page 6 (including affordable units), overall square Denver’s form-oriented code has from neighborhood design, and city staff footage of new commercial space, and a been in place long enough for staff to have identified slot homes as noncompliant with brief list of new public amenities. recognized at least two distinct trends in neighborhood design objectives. The city amendments. During the first four or five undertook a detailed review process that AMENDING THE CODE years, many of the amendments related to resulted in zoning changes. A zoning code, regardless of the approach, clarifications, rules of measurement and is a living document. Planners should antici- definitions, and internal inconsistencies. GOOD CHANGE REQUIRES WORK pate that the code will need to be amended, After working to clarify and revise those The continuum of form-based code adoption to fix “glitches,” to adapt to changes in the aspects of the regulations, the second era and application can be both challenging and planning and development environment, of amendments started to address issues rewarding. Our goal with this article is to or simply to resolve policy conflicts. Plan- that come with experience with the code. ensure that communities understand that the ners should embrace needed changes and These amendments have included con- work doesn’t end with adoption. Anecdot- address any difficulties head-on. What can sideration of the creation of new districts, ally, we have heard of communities where the development community teach you new approaches to existing form regula- the new form-based code is abandoned as about how the code is working or not work- tions, refinement to regulations to address unworkable or amended so as to lose its ing? What feedback is the public and the unanticipated outcomes, and balancing design effectiveness. administrators of the code providing? The flexibility and clarity. We wonder whether those codes lost first several years of implementation may To organize the amendment requests momentum after adoption because there demonstrate that definitions or rules of and determine what to consider and what to was still more work to be done. As we see measurement need adjusting, or the internal abandon, Denver holds a weekly technical the continued success of form-based regu- inconsistencies need to be resolved. team meeting to review change requests. lation where the codes have been in place Later, more complex issues resulting The requests are grouped into four cat- long term, we want to encourage communi- from experience with development propos- egories: clerical error, clarification, minor ties with new codes to take these important als may become apparent, or larger policy policy or rule changes, and major policy steps toward structured implementation and changes may point to the need for new zon- or rule changes. The first three categories acceptance of the form-based code. ing districts or standards. are bundled into annual amendments. The Greater experience with the code fourth category of changes are considered may also lead to recognition of a need for individually, fully vetted by staff, and administrative or staffing changes. If open may need case studies in support of the communication between all the stakeholders requested change. can be nurtured, and an attitude of prob- One recent area of change was in lem solving be maintained, the necessary the regulation of slot homes or sideways- changes can improve the effectiveness of the facing town homes. Residents felt that the Cover: City and County of Denver form-based code. layout of this housing form was detracting Community Planning and Development
VOL. 35, NO. 4
ABOUT THE AUTHORS Zoning Practice (ISSN 1548–0135) is a monthly publication of the American Planning Association. James M. Drinan, jd, Nancy Stroud, aicp, is a founding member of the law firm of Lewis, Stroud & Deutsch. Her Chief Executive Officer; David Rouse, faicp, practice focuses on land-use law for local governments. Prior to opening her own firm, Managing Director of Research and Advisory Services; Joseph DeAngelis and David Morley, she led the local government land-use department of a Fort Lauderdale firm that provided aicp, Editors. representation as municipal attorneys for 18 municipalities in the south Florida region. Stroud Subscriptions are available for $95 (U.S.) and is a member and officer of the Form Based Codes Institute. She was the legal consultant for $120 (foreign). Missing and damaged print the Miami21 form based zoning code and associated comprehensive plan amendments, issues: Contact APA Customer Service (312- which received the 2011 APA National Planning Excellence Award for Best Practice and the 431-9100 or [email protected]) within 90 days of the publication date. 2010 Richard Driehaus Form-Based Code Award. ©2018 by the American Planning Association, which has offices at 205 N. Michigan Ave., Elizabeth Garvin, aicp, is planning director of SAFEbuilt Studio, where she works in the Suite 1200, Chicago, IL 60601–5927, and 1030 Denver office. Garvin’s practice focuses on planning and land-use law, regulatory drafting, 15th St., NW, Suite 750 West, Washington, DC 20005–1503; planning.org. sustainability, and planning processes for public-sector clients. She has prepared numerous “traditional” zoning codes and subdivision regulations for communities across the country and All rights reserved. No part of this publication may be reproduced or utilized in any form or is currently an on-the-job student of form-based codes. Garvin writes the Rocky Mountain Land by any means without permission in writing Use Institute legal column for Western Planner and is a frequent speaker on zoning topics. from APA. Printed on recycled paper, including 50-70% The authors thank Tina Axelrad, Denver’s zoning administrator, for her assistance with this article. recycled fiber and 10% postconsumer waste.
ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION | page 7 BASED CODE? BASED TO ADMINISTER A FORM- IS YOUR READY COMMUNITY ZONING PRACTICE AMERICAN PLANNING ASSOCIATION
205 N. Michigan Ave. Suite 1200 Chicago, IL 60601–5927 Table 2.1-1: Los Gatos Population and Housing Trend, 2010 to 2018 POPULATION HOUSING UNITS
Persons Group Single Single Two to Mobile Vacancy per Year Total Household Quarters Total Detached Attached Four Five Plus Homes Occupied Rate Household 2010 29,413 29,063 350 13,050 7,552 1,774 1,218 2,442 64 12,355 5.3% 2.35 2011 29,531 29,181 350 13,067 7,567 1,776 1,218 2,442 64 12,298 5.9% 2.37 2012 29,659 29,309 350 13,091 7,591 1,776 1,218 2,442 64 12,273 6.2% 2.39 2013 30,053 29,703 350 13,135 7,633 1,776 1,220 2,442 64 12,303 6.3% 2.41 2014 30,242 29,892 350 13,185 7,690 1,776 1,217 2,438 64 12,339 6.4% 2.42 2015 30,229 29,879 350 13,228 7,733 1,776 1,217 2,438 64 12,335 6.8% 2.42 2016 30,271 29,921 350 13,251 7,749 1,779 1,221 2,438 64 12,333 6.9% 2.43 2017 30,448 30,098 350 13,289 7,783 1,779 1,225 2,438 64 12,400 6.7% 2.43 2018 30,601 30,251 350 13,299 7,795 1,779 1,223 2,438 64 12,441 6.5% 2.43 Source: California Department of Finance, 2018 E-5 Report. Notes: Household population includes people residing in an occupied housing unit as their primary residence. Group quarters include residents living in group living arrangements that are owned or managed by an entity or organization that provides housing and/or services to residents.
Table 2.1-2: Santa Clara County Population and Housing Trend, 2010 to 2018 POPULATION HOUSING UNITS
Persons Group Single Single Two to Mobile Vacancy per Year Total Household Quarters Total Detached Attached Four Five Plus Homes Occupied Rate Household 2010 1,781,642 1,751,292 30,350 631,920 344,586 61,517 48,831 157,948 19,038 604,204 4.4% 2.90 2011 1,803,329 1,773,734 29,595 633,143 345,035 61,677 48,828 158,559 19,044 606,573 4.2% 2.92 2012 1,828,843 1,798,711 30,132 636,748 345,429 61,900 48,850 161,520 19,049 611,036 4.0% 2.94 2013 1,857,211 1,826,713 30,498 639,446 346,145 62,201 48,923 163,124 19,053 613,806 4.0% 2.98 2014 1,880,197 1,849,219 30,978 644,691 347,100 62,420 48,977 167,140 19,054 619,048 4.0% 2.99 2015 1,905,156 1,874,189 30,967 652,007 348,232 62,587 49,069 173,068 19,051 627,132 3.8% 2.99 2016 1,924,582 1,894,125 30,457 657,360 348,976 63,014 49,129 177,196 19,045 632,841 3.7% 2.99 2017 1,937,473 1,907,033 30,440 661,875 349,729 63,322 49,131 180,719 18,974 636,786 3.8% 2.99 2018 1,956,598 1,925,824 30,774 667,970 350,279 63,788 49,209 185,774 18,920 642,093 3.9% 3.00 Source: California Department of Finance, 2018 E-5 Report. Notes: Household population includes people residing in an occupied housing unit as their primary residence. Group quarters include residents living in group living arrangements that are owned or managed by an entity or organization that provides housing and/or services to residentLabor Force Commute Patterns
Page 2-4 Public Draft Background Report | March 2019 ATTACHMENT 7 This Page Intentionally Left Blank Development Capacity Summary 3.9 Environmental Justice and Disadvantaged Table 3.8-3 summarizes potential housing unit, population, non-residential Unincorporated Communities square footage, and employment capacity in Los Gatos per the existing Zoning Code of Ordinances. The table documents potential capacity State law requires Los Gatos to determine if there are any disadvantaged accommodated by pending and approved projects as well as vacant land. unincorporated communities inside the Town’s SOI and outside the Town Under the existing Zoning Code of Ordinances, Los Gatos has a capacity boundary. Once identified, the Town must provide analysis of water, for 926 new residential units and 951,886 SF of non-residential floor area. wastewater, stormwater drainage, and structural fire protection needs or deficiencies for each of the identified communities. This section Table 3.8-3: Development Capacity Summary addresses the requirements of SB 244 and SB 1000. Expected Units
2
1 Major Findings
Zoning ▪ Although, the Town’s SOI extends beyond Town limits and Family Districts family - - Total includes unincorporated island and fringe communities, these are Footage
Population extremely low-density areas designated for open space, hillside Employment Residential Square Square Residential - Multi Single residential (0-1 du/ac), and low-density residential (0-5 du/acre). Non Pending and 13 409 422 1,012 679,797 1,810 ▪ The median income for Santa Clara County ($101,173) is Approved Projects considerably higher than the low-income threshold set by SB244. Vacant Land 265 239 504 1,204 272,089 673 ▪ Los Gatos does not have any disadvantaged unincorporated Total 926 2,216 951,886 2,483 communities. Source: Town of Los Gatos, 2018. Santa Clara County Assessor, 2018. Mintier Harnish, 2018. ▪ CalEnviroScreen 3.0 indicates that there are no disadvantaged communities in the Town of Los Gatos. Regulatory Setting Existing Conditions None. A disadvantaged unincorporated community is a fringe, island, or legacy community with a specified minimum parcel density and a median household income of 80 percent or less than the statewide median household income. A fringe community is an inhabited, unincorporated territory within the SOI. An island community is any inhabited and unincorporated territory that is surrounded or substantially surrounded by one or more towns or cities, or by one or more towns or cities and a county boundary. A legacy community is a geographically-isolated community that is inhabited and has existed for at least 50 years.
Although, the Town’s SOI extends beyond Town limits and includes unincorporated island and fringe communities, these are extremely low- density areas designated for open space, hillside residential (0-1 du/ac),
Page 3-34 Public Draft Background Report | March 2019 ATTACHMENT 8 This Page Intentionally Left Blank TOWN OF LOS GATOS 2020 GENERAL PLAN LAND USE ELEMENT
playgrounds and neighborhood parks, country clubs, and natural open spaces. After Residential – Single Family land use, Open Space/Recreation comprises the second highest percentage of total land in Los Gatos. There are approxi- mately 1,624 acres of open space in the Town and approximately 2,218 acres in the SOI. Much of this acreage is contained in four large facilities: St. Jo- seph’s Hill and Sierra Azul Open Space to the south of Los Gatos, and Vasona Lake County Park and La Rinconada Country Club to the north.
10. Vacant Approximately 292 acres within the Town are vacant parcels of varying sizes that are scattered throughout the Town. Most of the vacant acreage in Los Gatos is located in the single-family residential area on the eastern side of the Town. Parcels here are generally larger than they are elsewhere in Los Gatos, and a number of significantly sized parcels are vacant. Generally, vacancies are more common in residential areas of Los Gatos than in commercial areas, although a few small, isolated commercial vacancies exist. Additionally, the SOI contains approximately 107 acres of vacant property.
E. General Plan Land Use Designations
The Land Use Element is the basis for physical development in Los Gatos. The land use map and designations identify the general location, density, and extent of land available for residential and non-residential uses. Land use des- ignations do not necessarily reflect the existing land use of each parcel. Figure LU-3 presents a map of the land use designations in Los Gatos. Each land use designation is listed and described below.
1. Residential Land Use Designations This section provides a brief description of each residential land use designa- tion and the desirable range of density for each designation.
LU-11 ATTACHMENT 9 TOWN OF LOS GATOS 2020 GENERAL PLAN LAND USE ELEMENT
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Source: Town of Los Gatos, 2008; Santa Clara County Office of the Assessor, 2008.
General Plan Land Use High Density Residential Service Commercial Agriculture
Hillside Residential Mixed-Use Commercial Office Professional Open Space
Low Density Residential Central Business District Light Industrial North Forty Specific Plan Overlay
Medium Density Residential Neighborhood Commercial Public FIGURE LU-3
2020 GENERAL PLAN LAND USE TOWN OF LOS GATOS 2020 GENERAL PLAN LAND USE ELEMENT
a. Hillside Residential: 0-1 dwelling units per net acre Up to 3.5 persons per acre The Hillside Residential designation provides for very low density, rural, large lot or cluster, single-family residential development. This designation allows for development that is compatible with the unique mountainous ter- rain and vegetation of parts of Los Gatos. b. Low Density Residential: 0-5 dwelling units per net acre Up to 17.5 persons per acre The Low Density Residential designation provides for single-family residen- tial properties located on generally level terrain. It encourages single-family residential development in either the standard development established by traditional zoning or by innovative forms obtained through planned devel- opment. c. Medium Density Residential: 5-12 dwelling units per net acre Up to 24 persons per acre The Medium Density Residential designation provides for multiple-family residential, duplex, and/or small single-family homes. d. High Density Residential: 12-20 dwellings per net acre Up to 40 persons per acre The High Density Residential designation provides for more intensive multi- family residential development. Its objective is to provide quality housing in close proximity to transit or a business area. e. Mobile Home Park: 5-12 dwellings per net acre Up to 24 persons per acre The Mobile Home Park designation provides for mobile home parks. The intent is to provide and preserve Mobile Home Parks as a source of affordable housing. This designation is described in this Element; however, it is not represented on the accompanying General Plan Land Use Map.
LU-13
T O W N O F L O S G A T O S 2 0 2 0 G E N E R A L P L A N L A N D U S E E L E M E N T
2. Non-Residential Land Use Designations For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning Dis- trict within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Indus- trial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio(FAR) and a maximum height limit.
♦ Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses. The intent of this designation is to satisfy the community’s need for general business and professional services and local employment.
♦ Central Business District: 0.6 FAR with a 45-foot height limit The Central Business District designation applies exclusively to the down- town and accomplishes the following:
♦ Encourages a mixture of community-oriented commercial goods, services and lodging unique in its accommodation of small-town style merchants and maintenance of small-town character.
♦ Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
♦ Integrates new construction with existing structures of historical or archi- tectural significance and emphasizes the importance of the pedestrian.
♦ Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restau-
LU-14 TOWN OF LOS GATOS 2020 GENERAL PLAN LAND USE ELEMENT
rants. Projects developed under this designation shall maintain the small- town, residential scale and natural environments of adjacent residential neighborhoods, as well as provide prime orientation to arterial street front- ages and proper transitions and buffers to adjacent residential properties. This designation should never be interpreted to allow development of inde- pendent commercial facilities with principal frontage on the side streets. d. Neighborhood Commercial: Up to 50 percent land coverage with a 35-foot height limit The Neighborhood Commercial designation provides for necessary day-to- day commercial goods and services required by the residents of the adjacent neighborhoods. This designation encourages concentrated and coordinated commercial development at easily accessible locations. e. Service Commercial: Up to 50 percent land coverage with a 35-foot height limit The Service Commercial designation provides for service businesses necessary for the conduct of households or businesses. These include auto repair, build- ing materials sales, paint suppliers, janitorial services, towing businesses, con- tractors offices and yards, launderers and dry cleaners, as well as wholesaling and warehousing activities. f. Light Industrial: Up to 50 percent land coverage with a 35-foot height limit The Light Industrial designation provides for large-scale office developments and well-controlled research and development, industrial-park-type and ser- vice-oriented uses subject to rigid development standards. These uses should respond to community or region-wide needs. g. Public The Public designation identifies public facilities in the Town such as the Civic Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations.
LU-15
TOWN OF LOS GATOS 2020 GENERAL PLAN LAND USE ELEMENT
h. Agriculture The Agricultural designation identifies areas for commercial agricultural crop production. i. Open Space The Open Space designation identifies the location of public parks, open space preserves, private preserves, and stream corridors.
F. Special Planning Areas
Development in Los Gatos can be targeted to achieve a more specific outcome by designating specific overlay zones and special planning areas. These areas have more detailed development guidelines that remain consistent with exist- ing policies. Los Gatos has three overlay zones that implement land use poli- cies through the Town Code, five Historic Districts, three Specific Plans, and one Redevelopment Project Area.
1. Overlay Zones There are three overlay zones in the Town Code, the Landmark and Historic Preservation, Planned Development, and Public School Overlay Zones.
♦ Landmark and Historic Preservation (LHP) Overlay Zone. This zone is designated by Town Council and is applied to individual sites and struc- tures or small areas deemed of architectural and/or historical significance. The structure(s) in LHP overlays are subject to special standards regard- ing their appearance, use, and maintenance.
♦ Planned Development (PD) Overlay Zone. The PD overlay zone is in- tended to ensure orderly planning and quality design that will be in har- mony with the existing or potential development of the surrounding neighborhood. The Planned Development Overlay is a specially tailored development plan and ordinance which designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning and the General Plan are consistent. Commercial,
LU-16
TOWN OF LOS GATOS 2020 GENERAL PLAN LAND USE ELEMENT
residential or industrial property or a mixture of these uses may be con- sidered for a Planned Development Overlay.
♦ Public School (PS) Overlay Zone. The PS overlay zone is intended to al- low school buildings to be used, without extensive exterior modifica- tions, in ways which will make it unnecessary to sell school facilities. The overlay permits a variety of community-related and education- related uses, including, but not limited to, museums, community centers, playgrounds, and nursery schools. Any land owned by a public school district (regardless of underlying zone) may be zoned PS.
2. Historic Districts The Town has established five historic districts to preserve neighborhoods deemed significant to the history of Los Gatos.
♦ Almond Grove Historic District. An approximately 40-acre area that constitutes the largest subdivision following incorporation of the Town of Los Gatos. This District was established by ordinance in 1980.
♦ Broadway Historic District. An approximately 100-acre area that is the site of the first residential subdivision and first residential street in the Town of Los Gatos. This District was established by ordinance in 1985.
♦ Los Gatos Historic Commercial District. Bounded by Elm Street to the north, Main Street to the south, Los Gatos Creek to the east, and North Santa Cruz Avenue to the west. The Town’s only concentration of in- tact historic commercial buildings. It was established by ordinance in 1991.
♦ Fairview Plaza Historic District. Limited to the cul-de-sac termination of Fairview Plaza, part of an historic subdivision originally surveyed in 1885 known as the “Fairview Addition.” The District retains the same con- figuration as originally mapped and contains a rare collection of Victo- rian and Craftsman homes, unique in their compact scale and proximity to one another. This District was established by ordinance in 1992.
♦ University/Edelen Historic District. Bounded by Saratoga Avenue to the north, Main Street to the south, Los Gatos Creek to the east, and the
LU-17
This Page Intentionally Left Blank The 2020 General Plan designations, as described in the Land Use 3.3 Existing General Plan Land Use Designations Element, are summarized below.
The Los Gatos General Plan guides how land in the Town may be developed and used by designating each parcel of land for a particular use Hillside Residential District or combination of uses, as well as, by establishing broad development The purpose of this designation is to allow for very-low density, rural, large policies. Land use designations identify both the types of development lot, or cluster, single-family residential development that is compatible (e.g., residential, commercial, industrial) that are permitted and the density with the mountainous parts of the Town. or intensity of allowed development, such as the minimum or maximum number of housing units permitted on an acre of land, or the amount of building square footage allowed. This section identifies existing general Density/Intensity plan land use designations, as outlined in the Town of Los Gatos 2020 ▪ Up to one dwelling unit per net acre General Plan. ▪ Up to 3.5 persons per acre
Major Findings Low-Density Residential ▪ Hillside residential is the most common land use, accounting for The purpose of this designation is to allow for low-density single-family approximately 40.0 percent (4257.1 acres) of the total land residential development formed through standard zoning or through designated in the existing 2020 General Plan. planned development.
▪ Open space represents 28.9 percent (3091.2 acres) of the current Density/Intensity 2020 General Plan land use area. Four large tracts in the southern ▪ Up to five dwelling units per net acre half of the SOI account for a majority of open space land. ▪ Up to 17.5 persons per acre ▪ Low-density residential is the third largest land use in the Town, accounting for 17.7 percent (1890.3 acres) of the total 2020 Medium-Density Residential General Plan land use area. The purpose of this designation is to allow for multi-family residential, duplex, and/or small single-family homes. ▪ Commercial uses (Office, Neighborhood Commercial, Mixed-Use Commercial, Service Commercial, Central Business District, and Light Industrial) make up 3.4 percent (362.2 acres) of the land use Density/Intensity area designated in the 2020 General Plan. ▪ Up to five to 12 dwelling units per net acre ▪ Up to 24 persons per acre Existing Conditions The 2020 General Plan includes 15 land use designations, which are relatively broad and intended to indicate the general type of activity that may occur on a site. Figure 3.3-1 shows the land use designations throughout the Town. Table 3.3-1 shows the total acreage per land use designation.
Page 3-10 Public Draft Background Report | March 2019 ATTACHMENT 10 3. Land Use
High-Density Residential Neighborhood Commercial The purpose of this designation is to allow for intensive multi-family The purpose of this designation is to allow for necessary day-to-day residential and to provide quality business and transit-oriented goods and services within close proximity of neighborhoods. This development. designation encourages concentrated and coordinated commercial development at easily accessible locations. Density/Intensity ▪ Up to 12 to 20 units per net acre Density/Intensity ▪ Up to 40 persons per acre ▪ 50 percent land coverage ▪ 35-foot height limit Mobile Home Park Mixed-Use Commercial The purpose of this designation is to allow for affordable housing within mobile home parks. This designation is not represented on the 2020 The purpose of the Mixed-Use designation is to provide for a combination General Plan Land Use Map. of residential, office, retail, commercial, non-manufacturing industrial, and recreation uses. This designation is for sites that are centrally located in Density/Intensity Town and will not conflict with existing land uses. ▪ Five to 12 dwelling units per acre ▪ Up to 24 persons per acre Density/Intensity ▪ 50 percent land coverage ▪ 35-foot height limit Office Professional
The purpose of this designation is to allow for professional and general Service Commercial business office uses. This designation applies to various locations throughout the Town. Locations are often near neighborhood or The purpose of this designation is to allow for service-oriented commercial-orientated facilities or serve as a buffer between commercial businesses. Types of businesses allowed include auto repair, building and residential uses. The intent of the designation is to meet community materials sales, paint suppliers, janitorial services, towing businesses, needs for general business and commercial services and provide local contractors offices and yards, launderers and dry cleaners, as well as employment. wholesaling and warehousing activities.
Density/Intensity Density/Intensity ▪ Up to 50 percent land coverage ▪ 50 percent land coverage ▪ 35-foot height limit ▪ 35-foot height limit
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Central Business District Open Space The purpose of this designation is to encourage a mixture of community- The purpose of this designation is to allow for public parks, open space orientated commercial goods and services within the downtown. This preserves, private preserves, and stream corridors. designation applies exclusively to the downtown, with the goal to accommodate and retain small-town merchants and preserve the Town’s Albright Specific Plan character. The District shall maintain and expand open spaces and mature tree growth without increasing setbacks, as well as, integrate new The purpose of this designation is to provide land for the Albright Specific construction with existing structures of archeological and historical Plan as described in Section 3.5. significance. North 40 Specific Plan Density/Intensity ▪ 0.6 FAR The purpose of this designation is to provide land for the North 40 Specific Plan as described in Section 3.5. ▪ 45-foot height limit
Light Industrial The purpose of this designation is to allow for large-scale office developments, well-controlled research and development facilities, industrial parks and service-oriented uses subject to rigid development standards. These uses shall respond to the community and regional-wide needs.
Density/Intensity ▪ Up to 50 percent land coverage ▪ 35-foot height limit.
Public The purpose of this designation is to allow for public facilities within the Town such as the Civic Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations.
Agriculture The purpose of this designation is to allow for commercial agricultural crop production.
Page 3-12 Public Draft Background Report | March 2019 3. Land Use
Figure 3.2-1: Existing Land Use
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Table 3.3-1 General Plan Land Use Designation Summary Land Use Designation Density/Intensity Acres Percent of Total HR Hillside Residential 0-1 du/ac 4257.07 39.91% LDR Low-Density Residential 0-5 du/ac 1890.35 17.72% MDR Medium-Density Residential 5-12 du/ac 514.45 4.82% HDR High-Density Residential 12-20 du/ac 60.29 0.57% MHP1 Mobile Home Park 5-12 du/ac 0.00 0.00% O Office Professional Up to 50 percent land coverage 65.05 0.61% 35-foot height limit NC Neighborhood Commercial Up to 50 percent land coverage 68.32 0.64% 35-foot height limit MUC Mixed-Use Commercial Up to 50 percent land coverage 100.11 0.94% 35-foot height limit SC Service Commercial Up to 50 percent land coverage 17.93 0.17% 35-foot height limit CBD Central Business District 0.6 FAR 48.50 0.45% 45-foot height limit LI Light Industrial Up to 50 percent land coverage 39.91 0.37% 35-foot height limit P Public N/A 135.40 1.27% A Agriculture N/A 311.88 2.92% OS Open Space N/A 3088.56 28.96% A SP Albright Specific Plan 24.99 0.23% NF SP North 40 Specific Plan 0-20 43.70 0.41% Total 10666.51 100.00% Source: Town of Los Gatos, 2018; Mintier Harnish, 2018. 1 The Town of Los Gatos has two mobile home parks that are designated Medium-Density Residential in the 2020 General Plan. The mobile home parks are currently not designed Mobile Home Park in the current General Plan as noted above in Table 3.1-1. The underlying zoning for both mobile home parks is Mobile Home Park Residential Zone (RMH) shown in Table 3.3.-2.
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