2015-002 - Certifying a Final EIR for N40 Specific PlanRESOLUTION 2015 -002
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT ENTITLED NORTH
FORTY SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT: EIR -10 -002
WHEREAS:
A. The applicant, the Town of Los Gatos, has prepared a proposed draft Specific
Plan for the North Forty Area (area bounded by Lark Avenue, Los Gatos Boulevard,
Highway 85 and Highway 17) which includes a maximum development capacity of up to
364 housing units and 580,000 square feet of non - residential uses. Of the non - residential
uses, the proposed maximum development capacities include up to 250,000 square feet of
office/hotel, and up to 400,000 square feet of other commercial, which may include retail,
restaurants, and other commercial uses designated within the proposed draft Specific Plan.
At least 30% of the proposed Specific Plan area (approximately 13.2 acres) is designated as
open space. An Environmental Impact Report (EIR -10 -002) was prepared to provide
environmental clearance for the proposed draft North Forty Specific Plan, and if needed,
associated General Plan and /or Zoning Code Amendments..
B. A Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the
proposed draft North Forty Specific Plan was issued on February 13, 2013.
C. A public scoping meeting was held on March 6, 2013, to receive comments
regarding the issues to be addressed in the EIR.
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D. A Draft Environmental Impact Report (Draft EIR) to analyze potential impacts
associated with the proposed draft North Forty Specific Plan was prepared and issued for
agency and public review and comment on April 4, 2014, for a 45 day review period.
E. The Planning Commission held a duly noticed public hearing on May 14, 2014, at
which time the Commission received comments regarding the Draft EIR prepared for the
proposed draft North Forty Specific Plan.
F. Pursuant to the California Environmental Quality Act and the implementing
Guidelines adopted therefore (CEQA), the Town prepared a Final Environmental Impact
Report (Final EIR), incorporating responses to comments received on the Draft EIR which
was issued on July 21, 2014.
G. The Planning Commission held a duly noticed public hearing on July 23, 2014, at
which time the Commission considered public testimony, the staff report prepared for that
meeting (Staff Report), and all other documentation related to the proposed draft North Forty
Specific Plan and Final EIR, and continued the matter to its August 13, 2014 meeting.
H. The Planning Commission held a continued public hearing on August 13, 2014, at
which time the Commission considered the Staff Report prepared for that meeting, and all
other documentation related to the proposed draft North Forty Specific Plan and Final EIR,
and recommended that the Town Council consider the proposed draft North 40 Specific Plan
in light of its specific recommendations and suggested amendments to the proposed draft
North Forty Specific Plan, and forwarded the Final EIR to the Town Council without
certification after determining that it could not make the findings required to adopt a
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Statement of Overriding Considerations, and due to specific deficiencies it identified in the
Final EIR.
I. The Town Council held a duly noticed public hearing on September 2, 2014, at
which time the Town Council considered public testimony, the Staff Report, and all other
documentation related to the proposed draft North Forty Specific Plan and Final EIR, and
closed the public portion of the public hearing and continued the hearing to September 16,
2014.
J. The Town Council held a continued public hearing on September 16, 2014, at
which time the Town Council considered the Staff Report, public testimony, and all other
documentation related to the proposed draft North Forty Specific Plan and Final EIR, and
continued the hearing to an unspecified date.
K. The Town Council held a duly noticed public hearing on December 16, 2014, at
which time the Town Council reopened the public portion of the public hearing and
considered public testimony, the Staff Report, and all other documentation related to the
proposed draft North Forty Specific Plan and Final EIR.
L. When and if the Town Council approves a North Forty Specific Plan and any
associated General Plan and/or Zoning Code Amendments, the Town Council intends to take
such actions as may be required under CEQA, to include adoption of Findings of Fact and, if
necessary, a Statement of Overriding Considerations. In addition, the Town Council intends
to adopt a Mitigation Monitoring and Reporting Program for the North Forty Specific Plan as
ultimately adopted (Program), which is to be included in the Final EIR.
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M. The location and custodian of the documents or other materials which constitute
the record of proceedings upon which any decision of the Town Council with respect to this
matter is based, is the Office of the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030.
NOW, THEREFORE, BE IT RESOLVED:
A. That the Town Council hereby certifies the Final EIR. In certifying the Final EIR,
the Town Council specifically finds that:
1. The document has been completed in compliance with CEQA;
2. The document was presented to the Town Council as the decision - making body
of the lead agency, and as such, the Council has reviewed and considered the
information contained therein; and
3. The Final EIR reflects the independent judgment and analysis of the Town of
Los Gatos.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 20°i day of January, 2015, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
.V -1 K"V
SIGNED:
MAYO O THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS; GATOS, CALIFORNIA