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COUNCIL AGENDA REPORT
DATE: JUNE 11, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MANAGER
MEETING DATE: 06/17/15
ITEM NO: I
SUBJECT: NORTH FORTY SPECIFIC PLAN GENERAL PLAN AMENDMENT GP -14 -001
ZONING CODE AMENDMENT Z -14 -001 AND ENVIRONMENTAL IMPACT
REPORT EIR -10 -002. PROJECT LOCATION: THE PLAN AREA COMPRISES
APPROXIMATELY 44 ACRES LOCATED AT THE NORTHERN EXTENT OF
THE TOWN OF LOS GATOS BORDERED BY STATE ROUTE 17 AND STATE
ROUTE 85 FREEWAYS TO THE WEST AND NORTH LOS GATOS
BOULEVARD TO THE EAST AND LARK AVENUE TO THE SOUTH. APN
424 -07 -009 010 024 THROUGH 027 031 THROUGH 037 052 THROUGH 054
060 063 THROUGH 065 070 081 THROUGH 086 090 094 THROUGH 095
099 100 102 THROUGH 112 424 -06 -115 116 AND 129. PROPERTY
OWNERS: SWENSON C B TRUSTEE LOS GATOS GATEWAY LLC THOMAS
& MIYOKO YUKI HERBERT & BARBARA YUKI ETPH LP WILLIAM
MATTES GROSVENOR USA WILLIAM FALES WILLIAM HIRSCHMAN
ELIZABETH DODSON PATRICIA CONNELL WILLIAM MATTES MATTES
TRUST MBK ENTERPRISE DEWEY VENTURA DOUGLAS MOISENCO
JAMES DAGOSTINO ROBERT & GEORGIANNA SPINAZZE MARIANNE
EZELL LOS GATOS MEDICAL OFFICE CENTER LLC IRIS GIN JOHN AND
ALLISON DIEP LLC MATHEW BERNAL LG BOULEVARD HOLDINGS LLC
POLARIS NAVIGATION EW REAL ESTATE LLC LAZAAR ENT LLC
PIYUSH KOTHARY. APPLICANT: TOWN OF LOS GATOS.
A. CONSIDER ADOPTION OF THE NORTH FORTY SPECIFIC PLAN.
B. CONSIDER ADOPTION OF GENERAL PLAN AMENDMENTS.
C. CONSIDER ADOPTION OF AN ORDINANCE EFFECTING A ZONING
CODE AMENDMENT.
D. ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM, AND ADOPTION OF FINDINGS OF FACT AND STATEMENT
OF OVERRIDING CONSIDERATIONS.
PREPARED BY: LAUREL R. PREVETTI
Assistant Town Manager/D rector o Com/mumt evelopment
Reviewed by: N/A Assistant Town Manager -M��own Attorney N/A Finance
N:ADEV,TC REPORTS\2015 \N40 TC 6- 17- 15.doe Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001 /E1R -10 -002
JUNE 11, 2015
REMARKS
This report addresses two recent Council Member questions and identifies the issues not previously
determined by Council motion.
What are the next steps if the Council approves the Specific Plan?
If the Council approves the Specific Plan, the Zoning Ordinance would need to be adopted by the
Council which typically occurs at the next regular session of the Council. The ordinance is
effective thirty days later.
It is anticipated that the pending Planning applications would be modified to meet the final
requirements of the Specific Plan, General Plan, and Zoning Code. The applications include a
Tentative (Subdivision) Map and Architecture and Site Application. These applications are
subject to noticed public hearings before the Planning Commission and potential appeal to the
Town Council. This process is expected to take several months.
Once the Planning applications are approved, the developer(s) would submit plans for Building
Permits. The developer(s) also need to submit engineering plans to Parks and Public Works for
approval of the construction detail associated with the infrastructure improvements. There are no
public hearings for these technical reviews. This part of the process is expected to take additional
months to complete.
Subsequent to the approvals, demolition of existing structures, grading, and on -site infrastructure
improvements are typically the first construction activities that will be visible on the site.
Depending on the size of the first increment of development, it is likely to take several more
months if not longer before the first buildings are framed.
In summary, there are many steps to the construction process and the timing depends upon how
quickly the developer(s) are able to modify plans, obtain financing for construction, and secure
other resources needed to complete a project. Development for the entire 44 -acre area is expected
to take many years, and possibly a decade or longer.
What are the opportunities to get a public Los Gatos Park in the Specific Plan
As discussed on page five of the June 2, 2015 staff report, open space in the Specific Plan is
intended to be privately owned and maintained with some amount of the open space publicly
accessible to Los Gatos residents and the general public. Public access is important for the
success of the planned commercial uses as well as the overall vitality of the area.
The Town does not have the financial resources to buy land to create a public park in the North
40. In addition, the Town cannot require a land dedication because the Town does not have
enabling ordinances under the State's Quimby Act. Such a dedication requirement would be
considered a taking of private property without just compensation.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
JUNE 11, 2015
One option for obtaining a public park would be through a Development Agreement. A developer
could voluntarily dedicate land to the Town in exchange for certain assurances, such as locking in
the North 40 development regulations at the time of the Development Agreement. Both the Town
and the developer would need to agree to the terms and the Council is the deciding body for the
Agreement.
Alternatively, privately owned and maintained open spaces that are accessible to the public can
achieve the goal of creating places for Los Gatos residents to enjoy. If the Specific Plan is
approved, specific mechanisms to secure public access can be determined with the Tentative Map
and /or Architecture and Site Application, such as public access easements.
Remaining Issues:
The Council has made substantial progress on its decisions regarding the Specific Plan, as
documented with the motions contained in the Action Minutes for the meeting of April 14, 2015
(Attachment 80, previously received with May 29, 2015 Addendum). The remaining issues not
previously determined by Council motion are:
• Uses allowed within the 435,000 square feet, including provisions for existing buildings
• Multi -modal paths
• Infrastructure phasing
• Publicly accessible private open space requirements
• Tenant space requirements, if any, for certain commercial uses (see Attachment 24,
previously received with Desk Item on September 2, 2014; Attachments 55 and 56,
previously received with March 3, 2015 Staff Report; and Attachment 59, previously
received with April 9, 2015 Staff Report)
• Conditional Use Permit requirements for certain commercial uses (Attachment 41,
previously received with December 16, 2014 Staff Report)
Staff recommends that the Council complete its discussion regarding the topics. Should the
Council wish to revisit any prior motions, this should occur after resolution of the remaining
issues.
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