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Item 3 - Staff Report with Attachments PREPARED BY: JENNIFER ARMER, AICP Senior Planner 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov MEETING DATE: 12/12/2019 ITEM: 3 TOWN OF LOS GATOS GENERAL PLAN UPDATE ADVISORY COMMITTEE REPORT REPORT DATE: December 6, 2019 TO: General Plan Update Advisory Committee FROM: Joel Paulson, Community Development Director SUBJECT: Review Land Use Alternatives Report and Develop Preferred Land Use Alternative Recommendation. BACKGROUND: On June 20, July 18, and August 15, 2019, the General Plan Update Advisory Committee (GPAC) met to discuss and provide direction for draft land use alternatives. The resulting Land Use Alternatives Report (Attachment 1) is available online: www.losgatos2040.com/documents.html DISCUSSION: The goal of the land use alternatives process is to determine the appropriate location, density, and intensity of residential, commercial, mixed residential/commer cial, and industrial uses that reflect the vision of Los Gatos in the General Plan. The Alternatives Report incorporates the GPAC’s discussions this year, identifying and evaluating various land use options. The GPAC plays an important role to recommend to the Planning Commission and Town Council a preferred land use alternative that is informed by community input and forms the foundation for the General Plan Update. The recommended land use alternative could be one of the four presented in the Land Use Alternatives Report, or could be a combination of parts of multiple alternatives. It is also possible to add additional items that are not analyzed in the Land Use Alternatives Report. The preferred land use alternative will be used in the 2040 General Plan Land Use Diagram, land use designations, and associated land use goals, policies, and action items. Once the land use alternative is determined, other General Plan Elements can be completed. The preferred alternative is also the foundation for the analysis that will be completed in the 2040 General Plan Environmental Impact Report (EIR). PAGE 2 OF 3 SUBJECT: Land Use Alternatives December 6, 2019 N:\DEV\GPAC\GPAC Staff Reports\2019\12-12-19\Prior Docs\Item 3\Item 3 - Staff Report.docx DISCUSSION (continued): The purpose of this GPAC meeting is to answer the following questions to work through the alternatives. A. Are there any clarifying questions about the Land Use Alternatives Report? • What information in the Report needs to be clarified? B. What elements of the Land Use Alternatives Report should be excluded from future consideration? • For example, does Alternative A provide enough housing? Is the growth in Alternative D too aggressive? C. What elements of the Land Use Alternatives Report are appropriate for further consideration? • For example, does Alternative C provide an appropriate amount of housing? Are there opportunity areas that should be a primary focus of increased growth? D. What items are not considered in the Land Use Alternatives Report which should be included in a preferred alternative? • Specifically, should specific land use designation(s) be changed? • What other locations in Los Gatos should be considered opportunity areas for growth that are not included in the Land Use Alternatives Report? NEXT STEPS: The schedule anticipates that the GPAC will select a preferred/recommended land use alternative in early 2020 after a January community workshop. The GPAC’s recommendation would then be considered by the Planning Commission and Town Council in February and March 2020, respectively (see schedule in Attachment 2). OTHER INFORMATION: The following information is provided in response to requests by Town Council, Planning Commission, GPAC members, and/or the public. Committee members may find that some of this information is useful in consideration of the land use alternatives. For those items that are not directly related to this meeting’s discussion, there will be opportunities to discuss these matters at future GPAC meetings. PAGE 3 OF 3 SUBJECT: Land Use Alternatives December 6, 2019 N:\DEV\GPAC\GPAC Staff Reports\2019\12-12-19\Prior Docs\Item 3\Item 3 - Staff Report.docx OTHER INFORMATION (continued): • Changes to Housing Element Law as summarized by the Association of Bay Area Governments (Attachment 3) • Missing Middle Housing information is provided as Attachment 4, compiled from https://missingmiddlehousing.com/about • Industrial Land in San Francisco: Understanding Production, Distribution, and Repair. Available online here: http://sf- planning.org/sites/default/files/FileCenter/Documents/4893-CW_DPR_chapter5_2.pdf • City of Mountain View Council Report on Sustainability Action Plan 4, October 22, 2019. This report describes actions proposed for implementation of the City’s Sustainability Strategic Plan, and includes on page 18 two items (H and I) that specifically address plant-based diets and a consumption-based Greenhouse Gas inventory. The report is available online here: https://mountainview.legistar.com/LegislationDetail.aspx?ID=4198027&GUID=CD17CF4 0-C5C5-4DAE-8FEF-17DC13E87445 • An article describing the City of Mountain View’s Sustainability Action Plan is available online here: https://vegnews.com/2019/10/californias-tech-capital-signs-citywide-plan- to-slash-meat-consumption PUBLIC COMMENTS: Public comments received by 11:00 a.m., Friday, December 6, 2019 are included as Attachment 5. ATTACHMENTS: Attachments received with this Staff Report: 1. Land Use Alternatives Report, dated December 2019, available online here: www.losgatos2040.com/documents.html 2. GPAC Process Schedule 3. Changes in Housing Element Law 4. Missing Middle Housing Information 5. Public Comment Received before 11:00 a.m., Friday, August 9, 2019 Land Use Alternatives Report December 2019 ATTACHMENT 1 Acknowledgments Town Council Mayor Marcia Jensen Vice Mayor Barbara Spector Council Member Steve Leonardis Council Member Rob Rennie Council Member Marico Sayoc Planning Commission Chair Matthew Hudes Vice Chair Melanie Hanssen Commissioner Mary Badame Commissioner Kendra Burch Commissioner Kathryn Janoff Commissioner Tom O’Donnell Commissioner Reza Tavana General Plan Update Advisory Committee Marcia Jensen, Mayor Barbara Spector, Vice Mayor Kendra Burch, Planning Commissioner (GPC) Melanie Hanssen, Planning Commissioner (GPC) Kathryn Janoff, Planning Commissioner (GPC) Jeffrey Barnett, Public Representative (GPC) Todd Jarvis, Business Representative (GPC) Steven Piasecki, Public Representative (GPC) Lee Quintana, Public Representative (GPC) Susan Moore Brown, Public Representative Ryan Rosenberg, Public Representative Carol Elias Zolla, Public Representative Town Staff Laurel Prevetti, Town Manager Arn Andrews, Assistant Town Manager Joel Paulson, Community Development Director Steve Conway, Director of Finance and Administrative Services Matt Morely, Parks & Public Works Director Sally Zarnowitz, Planning Manager Gitta Ungvari, Finance and Budget Manager Jennifer Armer, Senior Planner Jessy Pu, Traffic Engineer Consultants Rick Rust, AICP, Mintier Harnish Brent Gibbons, AICP, Mintier Harnish Ryan Lester, Mintier Harnish Poonam Narkar, AICP, WRT Peter Winch, AICP, WRT Charlie Coles, Fehr & Peers Doug Svensson, Applied Development Economics Table of Contents 1. Introduction .........................................................................................1 2. Population, Housing, and Employment ..................................5 3. Land Use Designations ..................................................................9 4. Land Use Alternatives ...................................................................13 5. Alternatives Evaluation .................................................................21 A. Appendix: Alternatives Methodology .....................................41 Land Use Alternatives Report Photo credit: Josh Daynard, Flickr.com Introduction1 The Los Gatos General Plan update process gives the community an opportunity to refine the Town’s “constitution” for future growth and development. One of the most important decisions the Town will make about growth in the General Plan update is the type and location of new land uses. The Alternatives process helps inform the community about choices and support the selection of a preferred land use alternative. This report describes four alternative land use concepts for Los Gatos, each with a different mix of densities and intensities. This report then defines each alternative’s effect on population, housing, employment, fiscal health, and transportation. What is a General Plan? The General Plan is a local government’s long-term framework or “constitution” for future growth and development. The General Plan represents the community’s view of its future and includes goals and policies upon which the Town Council and Planning Commission will base future land use and resource decisions. California State law requires that each Town, City, and County adopt a General Plan for physical development within the jurisdiction and any land outside its boundaries that bears relation to its planning. Typically, a General Plan is designed to address the issues facing the jurisdiction for the next 20 years. A General Plan typically has four defining features:  General. A General Plan provides general policy guidance that will be used to direct future land use and resource decisions.  Comprehensive. A General Plan is comprehensive, covering topics such as land use, housing, economic development, infrastructure, public safety, recreation, natural resources, and other relevant topics.  Long-Range. A General Plan provides guidance on reaching a future envisioned 20 or more years in the future. To achieve the vision, a General Plan includes goals, policies, and implementation programs that address both immediate and long-term needs.  Integrated and Coherent. The goals, policies, and implementation programs in a General Plan present a comprehensive, unified program for development, resource conservation, and other issues that impact the community. A General Plan uses a consistent set of assumptions and projections to assess future demands for housing, employment, and public services (e.g., infrastructure). A General Plan has a coherent set of policies and implementation programs that enables citizens to understand the vision of the General Plan, and enables landowners, businesses, and industry to be more certain about how policies will be implemented. 1 Land Use Alternatives Report As part of the initial work on the development of alternatives, identifying a means to meet State requirements for future Regional Housing Needs Allocations (RHNA) was a primary consideration. In discussions with the Town’s General Plan Advisory Committee (GPAC), the GPAC provided guidance that the Town should develop land use alternatives that could provide space for the future development of around 2,000 residential units (see Section 2, Residential Market Demand, for further information). The General Plan Update Process Updating a General Plan is a public process that requires significant public input. The public is asked for input at each key milestone, which is then considered by the Town Council and incorporated into the General Plan by Town staff and Consultants, as directed by the Town Council. For Los Gatos, the General Plan update process is organized into nine tasks, as shown in the diagram below. THE LOS GATOS GENERAL PLAN PROCESS We are currently starting Task E. A. Project Initiation B. Prepare Background Report C. Identify Community Issues, Opportunities, and Constraints and Confirm Vision D. Development of General Plan Vision E. Development of Land Use Alternatives F. General Plan Goals and Policy Development G. Environmental Impact Report (EIR) I. Certification of EIR and Adoption of General Plan H. Community Outreach and Engagement (Ongoing Throughout)This report analyzes four land use alternatives. These alternatives do not propose to change the assigned land use designation of any parcel in the Town. Instead, each alternative includes adjustments to allow increased density and intensity ranges within certain residential and commercial designations. The report then presents an analysis of the projected changes to jobs and housing capacity, mobility and circulation, and the built environment. This Alternatives Report evaluates land use alternatives using a series of indicators to help community members and decision-makers understand the implications of each alternative. Decisions about future land uses will influence how many people will live in the Town, what kind of jobs and businesses will locate and thrive in the Town, and how traffic will flow. Decision-makers will be asked to weigh the costs and benefits of each alternative presented in this analysis and to select a “preferred land use alternative.” The preferred land use alternative may be one of the four alternatives or a combination of features from several alternatives. The preferred land use alternative will be combined with community input and the Town Vision and Guiding Principles (prepared during Phase D), to guide the development of General Plan goals, policies, and implementation programs through the conclusion of the update process. Terminology Town Boundaries The General Plan uses several terms to describe the Town and planning boundaries, as shown on Figure 1-1:  Town Limits. The jurisdictional boundary of the Town that encompasses all incorporated areas. Los Gatos town limits span approximately 11.5 square miles (7,335 acres).  Urban Service Area. Established by the Santa Clara County Local Agency Formation Commission (LAFCO), the Urban Service Area (USA) is a planning boundary that delineates areas outside Town limits that are currently provided with urban services, facilities, and utilities; or areas proposed to be annexed into a town or city within the next five years. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 2 Figure 1-1: Town Boundaries December 2019 3  Sphere of Influence. A sphere of influence (SOI) is the probable physical boundary and service area of a local agency, as adopted by a LAFCO. An SOI typically includes both incorporated and unincorporated areas within which the Town and/or special districts will have primary responsibility for the provision of public facilities and services.  Planning Area. The Planning Area encompasses all incorporated and unincorporated territory that bears a relationship to the long-term physical planning of the jurisdiction. At a minimum, a jurisdiction’s Planning Area should include all incorporated land within the Town limits and all land within the Town’s SOI, as it does for this General Plan. A General Plan, pursuant to State law, must also address all areas within the jurisdiction’s Planning Area. The Los Gatos Planning Area includes approximately 18 square miles (11,688 acres). What is Redevelopment? Redevelopment describes converting an existing built property into another use. Ideally, redevelopment aims for better use of the property that provides an economic return to the community. For example, a property may be converted to a mixed-use development that combines residential and commercial uses. What is Residential Density? In the context of planning, density is the amount of residential development within a given area. Standards of building density for residential uses are stated as the allowable range (i.e., minimum and maximum) of dwelling units per gross acre (du/ac). In Los Gatos, the Town uses net acres when defining density. The term “net” refers to the land areas minus roadway right-of-way. Density = Dwelling Units per Acre 1 UNIT PER ACRE 6 UNITS PER ACRE 18 UNITS PER ACRE 1 story (100% lot coverage) 2 stories (50% lot coverage) 4 stories (25% lot coverage) FAR = 1.0 2 story (100% lot coverage) 4 stories (50% lot coverage) 8 stories (25% lot coverage) FAR = 2.0 What is Floor Area Ratio? Standards of building intensity for residential and non-residential uses such as office, commercial, industrial, and institutional development are stated as floor area ratios (FARs). FAR is an indicator of how much building space can be built on a given site. In the case of mixed-use developments that include residential uses, density standards are applied to the residential component while FAR standards are applied to the non-residential component. A site includes all contiguous parcels that will share parking or access. While FAR provides for overall development intensity, it does not specify the form or character of the building. Different interpretations of the same FAR can result in buildings of very different character. To encourage similar interpretations of allowed FARs, other Town regulations such as zoning height limits, building setbacks, lot coverage, or open space requirements are used to guide the form of buildings with a given FAR. FAR = Ratio of Floor Area to Lot Area Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 4 Population, Housing, and Employment2 Population and employment projections are important tools for long-range planning. Projections offer a range of possible growth outcomes. Projections should not be regarded as inevitable, since external market forces and Town policies can dramatically alter the rate and type of growth that occurs. The decisions made as part of the General Plan process will be a critical determinant of future housing and job growth in Los Gatos. The projections provided in this section are used later in this report in comparison to the development capacity of each of the alternatives. Population Los Gatos had an estimated population of around 30,250 residents as of January 1, 2018. The population has only increased by 0.5 percent per year since 2010, with a total increase of less than 1,200 persons during that time. By comparison, the household population in Santa Clara County as a whole has grown at a rate of 1.2 percent annually. The Town of Los Gatos has added nearly 250 new housing units between 2010 and January 2018, an increase of about 0.2 percent annually. In contrast, Santa Clara County added new housing at an annual rate of 0.7 percent, totaling over 36,000 units since 2010. Los Gatos’ housing stock generally comprises a greater proportion of single- family housing (71.5 percent) compared to Santa Clara County as a whole (64.2 percent). In addition, the housing characteristics in Los Gatos show a higher vacancy rate (5.5 percent) and smaller household size (2.4 persons per household) than Santa Clara County (3.9 percent vacancy rate, and 3.0 persons per household). 5 Housing Residential Market Demand The demand for housing in a particular location is based on a number of factors, including natural increase in the resident population (births over deaths), in-migration due in part to job opportunities, and the relative price of housing in the area. Since 1980, Los Gatos has increased population at the rate of about one-half percent per year. This has generally been about half as fast as the County. Between 2010 and 2019, Los Gatos grew by 5.4 percent while Santa Clara County grew 9.7 percent. The actual pace of growth is also a function of the growth in the supply of housing, which the General Plan will consider. If market demand is higher than the available housing supply, residential prices increase faster than they would otherwise. Home prices in Los Gatos have increased significantly in recent years, similar to many communities in the Bay Area and Santa Clara County. The DOF prepares population projections for counties based on the age and ethnic demographics of the population, and also taking into account regional shifts in population due to migration. DOF projects Santa Clara County to grow at a rate of about one percent per year between 2020 and 2040. In the early years of this projection, in-migration to the County accounts for just over half of the population growth, but by 2040, in-migration accounts for 64 percent of growth. If Los Gatos were to continue to see growth at about half the County rate, then the total population would increase by approximately 3,478 persons between 2020 and 2040. If the average household size stays at 2.4 persons and the vacancy rate remains constant at about 5.5 percent, then 1,529 housing units would be needed to accommodate this population growth. GROWTH 2010-2019 Los Gatos 5.4% (0.6% annually) Santa Clara County 9.7% (1.1% annually) Units Needed to Accommodate Growth: 1,529 at 0.5% annual growth Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 6 However, considering the age demographics of the Los Gatos population, the overall demand for housing could be higher than using DOF populations projects as the base. One of the fastest growing population segments are senior, otherwise known as the “Baby Boomers.” Currently, 19 percent of the Los Gatos population is 65 years or older, compared to 12 percent for the County as a whole. Applying age-specific growth rates to the existing Los Gatos population, based on the DOF demographic projections, shows an annual growth rate of 0.7 percent for Los Gatos, compared to 0.5 percent based only on the countywide growth as discussed on the previous page. This latter projection also accounts for a share of County in-migration being attracted to Los Gatos. Given the income and housing price differentials between the Town and the County, we estimate that housing demand from in-migration to Los Gatos is about one third the rate of the County. Using this combined approach of age demographics and in-migration, we project an increase of 4,446 people and 1,954 housing units between 2020 and 2040. Therefore, the range of likely market demand for housing in Los Gatos between 2020 and 2040 is 1,529 (DOF Projection) to 1,954 (ADE Projection) units. Market demand also relates to the anticipated mix of unit types. With the acceleration of housing costs in the Bay Area, there is increased demand for smaller, less expensive units, that are more affordable to the broad populace. This will likely be reinforced in Los Gatos with additional demand for senior housing. Both of these trends emphasize the need for multi-family housing. Alternative A (Low Growth) has the lowest share of multi-family housing at 66 percent, while the other alternatives have a greater percentage of multi-family housing ranging from 82-83 percent, which is more likely to meet future market demand. Units Needed to Accommodate Growth: 1,954 at 0.7% annual growth December 2019 7 Jobs Using data from Economic Modeling Specialists International (EMSI) and the Longitudinal Employer-Household Dynamics (LEHD) database, Los Gatos had approximately 19,300 jobs in 2018.1 The pending and approved projects will result in a net increase of nearly 1,300 jobs upon building completion and tenant occupancy. Over two-thirds of the new jobs from these pending and approved projects would occur in commercial uses. Office and industrial uses would also each add over 100 new jobs. Institutional uses will accommodate approximately 15 new jobs. The projected job growth rates from EMSI project a net increase of approximately 9,400 new jobs between 2018 and 2040. These long-term growth projections assume a long-term decrease in industrial jobs, along with substantial increases in office and institutional uses. The institutional job growth will total nearly 4,700 jobs and mostly occur in health care/social assistance. Office uses would add another 3,900 jobs during this period. Compared to the pending and approved projects, only the commercial uses would come close to accommodating the projected job growth when using the EMSI growth rates. General Plan Land Use Designation Job Growth from Current and Proposed Projects Projected Job Growth 2018 to 2040 (EMSI Growth Rates) Projected Job Growth 2018 to 2040 (ABAG Growth Rates) CAGR 2018 to 2040 (EMSI Growth Rates) CAGR 2018 to 2040 (ABAG Growth Rates) Industrial 158 -178 146 -0.6%0.3% Office 232 3,921 223 2.4%0.1% Commercial 875 1,007 102 0.8%0.1% Institutional 15 4,653 749 2.7%0.6% 1 This job total differs from the EMSI data reported in the General Plan 2040 Background Report because the EMSI data used ZIP code aggregations that also include Monte Sereno and surrounding unincorporated areas. The employment within the Los Gatos town boundary is based on the percentage of total employment within the ZIP codes, as reported in the LEHD data. Table 2-2: Job Growth Projections The job projections from ABAG only show a long-term net increase of about 1,200 total jobs in Los Gatos, which is less than the number of jobs that the pending and approved projects would accommodate. The projected job growth in industrial and office uses using the ABAG projections matches very closely with the pending and approved projects. This assumes that once the current projects are fully built, they will accommodate all of the long-term job growth. The job increase for commercial uses under the ABAG projections totals only about 100 new jobs, while the pending and approved projects can accommodate nearly 900 new jobs. Only with institutional uses does the ABAG job projections well exceed what the pending and approved development projects can accommodate. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 8 Land Use Designations3 State planning law requires general plans to establish “standards of population density and building intensity,” as well as allowed uses for the various land use designations in the plan. As a part of the General Plan update process, residents, business owners, and interested parties are provided the opportunity to evaluate and weigh in on the appropriate land use types, densities, and intensities for different areas of the community, as well as on the form and design of new development. To support the description of each alternative, this section is prepared as a guide for understanding the range of land uses evaluated in the alternatives. The section includes a short description of each existing land use designation, followed by a land use diagram, and a table outlining the development standards and allowable uses for each designation. Hillside Residential District The purpose of this designation is to allow for very- low-density, rural, large lot, or cluster, single-family residential development that is compatible with the mountainous parts of the Town. Density/Intensity  Up to one dwelling unit per net acre  Up to 3.5 persons per acre Low-Density Residential The purpose of this designation is to allow for low-density single-family residential development formed through standard zoning or through a planned development. Density/Intensity  Up to five dwelling units per net acre  Up to 17.5 persons per acre Medium-Density Residential The purpose of this designation is to allow for multi- family residential, duplex, and/or small single-family homes. Density/Intensity  5 to 12 dwelling units per net acre  Up to 24 persons per acre High-Density Residential The purpose of this designation is to allow for intensive multi-family residential and to provide quality housing in proximity to transit and business areas. Density/Intensity  12 to 20 units per net acre  Up to 40 persons per acre Land Use Designation Descriptions The existing 2020 General Plan includes 16 land use designations, which are relatively broad and intended to indicate the general type of activity that may occur on a site. These designations are described below and summarized on Table 3-1. 9 Mobile Home Park The purpose of this designation is to allow for affordable housing within mobile home parks. This designation is not represented on the 2020 General Plan Land Use Map. Density/Intensity  5 to 12 dwelling units per acre  Up to 24 persons per acre Office Professional The purpose of this designation is to allow for professional and general business office uses. This designation applies to various locations throughout the Town. Locations are often near neighborhood or commercial-orientated facilities or serve as a buffer between commercial and residential uses. The intent of the designation is to meet community needs for general business and professional services and local employment. Density/Intensity  Up to 50 percent land coverage  35-foot height limit Neighborhood Commercial The purpose of this designation is to allow for necessary day-to-day goods and services within close proximity of neighborhoods. This designation encourages concentrated and coordinated commercial development at easily accessible locations. Density/Intensity  50 percent land coverage  35-foot height limit Mixed-Use Commercial The purpose of the Mixed-Use designation is to provide for a combination of residential, office, retail, commercial, non-manufacturing industrial, and recreation uses. Density/Intensity  50 percent land coverage  35-foot height limit Service Commercial The purpose of this designation is to allow for service-oriented businesses. Types of businesses allowed include auto repair, building materials sales, paint suppliers, janitorial services, towing businesses, contractors offices and yards, launderers and dry cleaners, as well as wholesaling and warehousing activities. Density/Intensity  50 percent land coverage  35-foot height limit Central Business District The purpose of this designation is to encourage a mixture of community-oriented commercial goods and services within the downtown. This designation applies exclusively to the downtown, with the goal to accommodate and retain small-town merchants and preserve the Town’s character. Density/Intensity  0.6 FAR  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 region-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. Open Space The purpose of this designation is to allow for public parks, open space preserves, private preserves, and stream corridors. Albright Specific Plan The purpose of this designation is to provide land for the Albright Specific Plan. North 40 Specific Plan The purpose of this designation is to provide land for the North 40 Specific Plan. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 10 Figure 3-1: Existing General Plan Land Use Designations December 2019 11 Land Use Designation Density/Intensity Allowed Uses Acres Percent of Total HR Hillside Residential 0-1 du/ac Single-family detached 4,257.0 39.9% LDR Low-Density Residential 0-5 du/ac Single-family detached 1,890.4 17.7% MDR Medium-Density Residential 5-12 du/ac Duplexes, townhomes, apartments 514.5 4.8% HDR High-Density Residential 12-20 du/ac Townhomes, apartments 60.3 0.6% MHP1 Mobile Home Park 5-12 du/ac Mobile home parks 0.0 0.0% O Office Professional2 Up to 50 percent land coverage 35-foot height limit Professional and general business office 65.1 0.6% NC Neighborhood Commercial2 Up to 50 percent land coverage 35-foot height limit Retail, services 68.3 0.6% MUC Mixed-Use Commercial2 Up to 50 percent land coverage 35-foot height limit Retail, service, office, residential, non- manufacturing industrial, recreation 100.1 0.9% SC Service Commercial Up to 50 percent land coverage 35-foot height limit Service-oriented commercial 17.9 0.2% CBD Central Business District2 0.6 FAR 45-foot height limit Community-oriented commercial goods and services 48.5 0.5% LI Light Industrial Up to 50 percent land coverage 35-foot height limit Large-scale office developments, well-controlled research and development facilities, industrial parks, service-oriented uses (subject to rigid development standards) 39.9 0.4% P Public N/A Schools, civic centers, government buildings, public and quasi-public uses 135.4 1.3% A Agriculture N/A Agriculture 311.9 2.9% OS Open Space N/A Open space, agricultural uses 3,088.6 29.0% A SP Albright Specific Plan See Specific Plan Office, research and development 25.0 0.2% NF SP North 40 Specific Plan See Specific Plan Residential, retail, services, office 43.7 0.4% 10,666.6 100.0% 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. 2 Residential is allowed as part of a mixed use project with the approval of a conditional use permit. Source: Town of Los Gatos, 2018; Mintier Harnish, 2018. Table 3-1: Land Use Designations Summary Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 12 Land Use Alternatives4 This section provides detailed descriptions of the four alternative concepts. This section includes a diagram of each alternative depicting the proposed density and intensity ranges and a summary of the population and jobs that each alternative would support (i.e., the development capacity), followed by a figure comparing townwide population, housing, and job capacity at buildout of each alternative (Figure 4-1). Details on the methodology used to calculate the projected housing units and population for each land use alternative is provided in the Appendix. Introduction to the Alternatives This report analyzes four land use alternative concepts designed to accommodate future growth in the Town of Los Gatos. Because the Town is constrained by the surrounding hillsides, which cannot accommodate increased density, and a lack of vacant land, each alternative accommodates future growth by strategically increasing density and intensity ranges in existing residential and select commercial designations. Through this approach, the alternatives would accommodate future growth without changing the land use designation of any parcel in the Town. The four land use alternatives are outlined on the diagrams on the following pages. Each diagram includes:  A map of the Planning Area showing Opportunity Areas;  Proposed density ranges for each designation, both outside and inside Opportunity Areas; and  The percent of existing uses that can be expected to be redeveloped under the alternative concept. Notes on Methodology The only changes proposed by each alternative concept are to allowed residential density and intensity within the following designations:  Low-Density Residential  Medium-Density Residential  High-Density Residential  Neighborhood Commercial  Mixed-Use Commercial All remaining designations have been excluded from this analysis, including but not limited to, hillside and downtown areas, as recommended by the General Plan Update Advisory Committee, since they cannot accommodate significantly-increased densities. This approach results in an increase of only residential uses. For the Neighborhood Commercial and Mixed-Use Commercial designated sites, this analysis assumes no net loss of existing commercial and assumes the addition of residential to the site. That is, if a commercial site is redeveloped with a mix of commercial and residential, the amount of commercial square footage would remain unchanged. Because the alternative concepts do not include changes to assigned land use designations, the land use map remains the same for each alternative. The Town has several other land use designations (i.e., Hillside Residential, Office Professional, Central Business District, Light Industrial, etc.) that have the potential for additional housing, population, and employment capacity. These additional land use designations will be analyzed as part of the Environmental Impact Report after the selection of a Preferred Land Use Alternative. 13 What are Opportunity Areas? Within the Planning Area, seven Opportunity Areas (OA) were identified as having the capacity to accommodate additional residential density because of the proximity of commercial services or employment to support additional development (Figure 1-2). Opportunity Areas are areas focused on major corridors in Los Gatos that may provide for mixed use or single use development of a variety of densities and intensities. Each Opportunity Area is centered on a major intersection or corridor and extends generally a quarter-mile in all directions. Although there are opportunities in locations throughout Town, these seven Opportunity Areas have been selected because they have the existing infrastructure necessary to reasonably assume that each can support additional housing units. Opportunity Area Descriptions Los Gatos Boulevard The Los Gatos Boulevard Opportunity Area extends from Shannon Road north to Lark Avenue along Los Gatos Boulevard. Currently, this area is primarily an auto- oriented corridor with a with a mixture of stand-alone retail and offices as well commercial centers, such as Blossom Hill Pavilion, King’s Court, Cornerstone, El Gato Village, and Los Gatos Village Square. Residential neighborhoods backing the commercial corridor are primarily low-density residential, but include some medium- and high-density parcels. Lark Avenue This Opportunity Area extends from Winchester Boulevard to Los Gatos Boulevard along Lark Avenue, including the intersection of Lark Avenue and Oka Road. The Lark Avenue Opportunity Area includes a mix of low- and medium- density residential, with a few established religious institutions along Lark Avenue and Oka Road. North Santa Cruz Avenue The North Santa Cruz Avenue Opportunity Area extends along North Santa Cruz Avenue between Blossom Hill Road and Los Gatos-Saratoga Road, excluding Downtown Los Gatos. This area includes a mix of medium- and high-density housing, as well as a strip of commercial uses along North Santa Cruz Avenue. Harwood Road The Harwood Road Opportunity Area is focused around the intersection of Harwood Road and south of Blossom Hill Road in Los Gatos. This area abuts the City of San Jose and primarily includes low-density residential, with a few medium-density residential designated parcels intermixed. This Opportunity Area also includes the Blossom Hill Square Shopping Center which anchors the intersection of Harwood and Blossom Hill Roads. Union Avenue The Union Avenue Opportunity Area is focused around the intersection of Union Avenue and Los Gatos Almaden Road southwest of Blossom Hill Road and Union Avenue in Los Gatos. Similar to the Harwood Avenue Opportunity Area, this area abuts the City of San Jose. This area primarily includes low-density and medium-density residential. This Opportunity Area also includes Downing Center (commercial shopping center) which anchors the intersection of Union Avenue and Los Gatos Almaden Road. Winchester Boulevard The Winchester Boulevard Opportunity Area is focused around the intersection of Winchester Boulevard and Knowles Drive. This area abuts the City of Campbell and primarily includes medium-density and high-density residential. Unlike other areas in Town, this Opportunity Area also includes designated office and medical uses adjacent to Netflix and El Camino Hospital. Pollard Road The Pollard Road Opportunity Area is focused around the intersection of Pollard Boulevard and More Avenue. This area abuts the City of Campbell and primarily includes low-density and medium-density residential. This Opportunity Area also includes the Rinconada Shopping Center which anchors the intersection of Pollard Road and More Avenue. Land Use Designation Existing Density (du/ac) Density Range (du/ac) Outside OA Inside OA LDR 0 to 5 0 to 5 5 to 12 MDR 5 to 12 5 to 12 12 to 20 HDR 12 to 20 12 to 20 20 to 30 NC 0 to 20 0 to 20 10 to 20 MU 0 to 20 0 to 20 10 to 20 Example Table This is the proposed density for parcels Outside Opportunity Areas This is the proposed density for parcels Inside an Opportunity Area Existing Density Residential Land Use Designation Why are Opportunity Areas important? Each alternative identifies specific density increases that only apply to residential uses inside an Opportunity Area. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 14 Figure 1-2: Opportunity Areas Pollard Road OA Winchester Boulevard OA Lark Avenue OA Los Gatos Boulevard OA Union Avenue OA Harwood Road OA North Santa Cruz Avenue OA December 2019 15 Alternative A: Low Growth A Land Use Designation Redevelopment Percent Outside OA Inside OA LDR 5%5% MDR 5%10% HDR 10%10% NC 5%5% MU 5%5% Land Use Designation Existing Density (du/ac) Density Range (du/ac)Typical Density (du/ac)Intensity (FAR)Outside OA Inside OA Outside OA Inside OA LDR 0 to 5 0 to 5 5 to 12 4 10 0.25 MDR 5 to 12 5 to 12 12 to 20 10 16 0.5 HDR 12 to 20 12 to 20 20 to 30 18 26 0.75 NC 0 to 20 0 to 20 10 to 20 18 18 0.5 MU 0 to 20 0 to 20 10 to 20 18 18 0.5 Net New Acreage Net New Housing Units Net New Population 0 1,156 2,774 Density and Intensity Alternative A is a low-growth alternative. Under this alternative there would be no increase in density ranges outside Opportunity Areas and modest increases inside Opportunity Areas. Typical densities are assumed to range from four to 18 du/ac outside Opportunity Areas and 10 to 18 du/ac inside Opportunity Areas. Intensity varies from 0.25 FAR in LDR to 0.75 FAR in HDR. Redevelopment Under Alternative A, redevelopment is projected to be between five and 10 percent both outside and inside Opportunity Areas. Capacity At build-out of this Alternative, the Town could accommodate an additional 1,156 housing units and 2,774 residents. Density and Intensity Capacity Redevelopment Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 16 Alternative B: Medium Growth B Land Use Designation Redevelopment Percent Outside OA Inside OA LDR 5%5% MDR 10%10% HDR 10%10% NC 10%10% MU 10%15% Net New Acreage Net New Housing Units Net New Population 0 1,891 4,538 Density and Intensity Alternative B is a medium-growth alternative that includes modest increases in density ranges outside Opportunity Areas and additional increases inside Opportunity Areas. Typical densities are assumed to range from 10 to 26 du/ac outside Opportunity Areas and 14 to 26 du/ac inside Opportunity Areas. Intensity varies from 0.25 FAR in LDR and 1.0 FAR in HDR and MU. Redevelopment Under Alternative B, redevelopment is projected to be between five and 10 percent outside Opportunity Areas and five and 15 percent inside Opportunity Areas. Capacity At build-out of this Alternative, the Town could accommodate an additional 1,891 housing units and 4,538 residents. Capacity Redevelopment Land Use Designation Existing Density (du/ac) Density Range (du/ac)Typical Density (du/ac)Intensity (FAR)Outside OA Inside OA Outside OA Inside OA LDR 0 to 5 5 to 12 8 to 16 10 14 0.25 MDR 5 to 12 12 to 20 14 to 24 16 20 0.75 HDR 12 to 20 20 to 30 20 to 30 26 26 1.0 NC 0 to 20 0 to 20 10 to 20 18 18 0.75 MU 0 to 20 0 to 20 20 to 30 18 26 1.0 Density and Intensity 17 Alternative C: Medium-High Growth C Land Use Designation Redevelopment Percent Outside OA Inside OA LDR 5%10% MDR 10%10% HDR 15%15% NC 10%15% MU 10%20% Net New Acreage Net New Housing Units Net New Population 0 2,303 5,527 Density and Intensity Alternative C is a medium-high growth alternative that includes modest increases in density ranges outside Opportunity Areas and larger increases inside Opportunity Areas, particularly in High-Density Residential, Neighborhood Commercial, and Mixed- Use Commercial. Typical densities are assumed to vary from 10 to 26 du/ac outside Opportunity Areas and 14 to 36 du/ac inside Opportunity Areas. Intensity varies from 0.5 FAR in LDR to 1.25 FAR in HDR. Redevelopment Under Alternative C, redevelopment is projected to be between five and 15 percent outside Opportunity Areas and 10 and 20 percent inside Opportunity Areas. Capacity At build-out of this Alternative, the Town could accommodate an additional 2,303 housing units and 5,527 residents. Capacity Redevelopment Land Use Designation Existing Density (du/ac) Density Range (du/ac)Typical Density (du/ac)Intensity (FAR)Outside OA Inside OA Outside OA Inside OA LDR 0 to 5 5 to 12 8 to 16 10 14 0.5 MDR 5 to 12 12 to 20 14 to 24 16 20 0.75 HDR 12 to 20 20 to 30 30 to 40 26 36 1.25 NC 0 to 20 0 to 20 20 to 30 18 26 0.75 MU 0 to 20 0 to 20 30 to 40 18 26 1.0 Density and Intensity Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 18 Alternative D: High Growth D Land Use Designation Redevelopment Percent Outside OA Inside OA LDR 10%15% MDR 15%15% HDR 15%20% NC 15%15% MU 15%20% Net New Acreage Net New Housing Units Net New Population 0 3,176 7,622 Density and Intensity Alternative D is a high-growth alternative that includes increased density ranges in all areas and additional increases that allow for higher-density development in Neighborhood Commercial and Mixed-Use Commercial designations outside Opportunity Areas. Typical densities are assumed to vary from 10 to 36 du/ac outside Opportunity Areas and 16 to 36 du/ac inside Opportunity Areas. Intensity varies from 0.75 FAR in LDR to 1.5 FAR in HDR and MU. Redevelopment Under Alternative D redevelopment is projected to be between 10 and 15 percent outside Opportunity Areas and 15 and 20 percent inside Opportunity Areas. Capacity At build-out of this Alternative, the Town could accommodate an additional 3,176 housing units and 7,622 residents. Capacity Redevelopment Land Use Designation Existing Density (du/ac) Density Range (du/ac)Typical Density (du/ac)Intensity (FAR)Outside OA Inside OA Outside OA Inside OA LDR 0 to 5 5 to 12 12 to 20 10 16 0.75 MDR 5 to 12 14 to 24 14 to 24 20 20 1.0 HDR 12 to 20 20 to 30 30 to 40 26 36 1.5 NC 0 to 20 20 to 30 20 to 30 26 26 1.0 MU 0 to 20 30 to 40 30 to 40 36 36 1.5 Density and Intensity 19 Figure 4-1: Capacity at Buildout by Alternative Category 2018 Alternative A* Alternative B* Alternative C* Alternative D* Population 30,250 33,024 34,788 35,777 37,872 Jobs 20,650 21,930 21,930 21,930 21,930 Housing Units 13,069 14,225 14,960 15,372 16,245 Net New Housing Units -1,156 1,891 2,303 3,176 Capacity at Buildout * Alternative totals include 1,140 residents, 1,280 jobs, and 475 housing units assumed to be created by pending and approved projects. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 20 Alternatives Evaluation5 The goal of the land use alternatives process is to enable community input and the Town Council to identify a preferred land use alternative that is the basis for the 2040 General Plan Land Use Diagram. To provide the community and decision makers with information on which to base their preferences and decisions, this section includes an evaluation of the four land use alternatives, organized under the following topics: • Housing Affordability • Fiscal Health • Transportation • Community Character A detailed description of the methodology used for fiscal health can be found in the Appendix. Population The four land use alternatives analyzed as part of the Alternatives Report project are based on different assumptions for density and redevelopment. Alternative A is the low growth scenario, and projects the lowest population growth. Alternative D uses the highest assumptions for density and percentage of redevelopment; subsequently, it includes the highest projected growth. In addition, Town-approved and pending projects that include new housing units, jobs, and anticipated non-residential square footage are also added to each alternative. Since these projects are already in the development pipeline, they do not vary from one alternative to another. The California Department of Finance (DOF) estimates that the total population in Los Gatos was approximately 31,000 residents in 2018. Between the four land use alternatives, the projected population in Los Gatos will range from approximately 33,800 to 38,600 total residents (including those living in group quarters), with compounded annual growth rates (CAGR) ranging from 0.4 to 1.0 percent (Table 5-1). The incremental population growth ranges from a low of 2,774 additional residents under Alternative A (Low Growth) to just under 7,622 additional residents for Alternative D (High Growth). Table 5-1: ABAG Population Growth Projections Population Growth Scenarios 2018 Population (Estimate) 2040 Population (Projected) Growth 2018 to 2040 CAGR 2018-2040 ABAG Projections 2040 31,472 33,050 1,578 0.2% Alternative A: Low Growth 30,995 33,769 2,774 0.4% Alternative B: Medium Growth 30,995 35,533 4,538 0.6% Alternative C: Medium-High Growth 30,995 36,522 5,527 0.7% Alternative D: High Growth 30,995 38,617 7,622 1.0% 21 By comparison, the Association of Bay Area Governments (ABAG) projects a population CAGR of about 0.2 percent. This represents an incremental growth of about 1,600 additional residents between 2018 and 2040. The ABAG projection is lower than projected population growth for all of the General Plan alternatives, including Alternative A. This is due in part because ABAG benchmarks its projections to 2010 Census counts (the estimated population for 2018 using the ABAG figures totals just under 31,500), which is about 500 residents more than the DOF estimate. Figure 5-1 compares the ABAG population growth projection to total housing capacity under each alternative. 30,000 35,000 40,000 ABAG ALT. D ALT. C ALT. B ALT. A 2018 2040 Projection Figure 5-1: ABAG Population Growth Projections POPULATIONTown of Los Gatos General Plan 2040 | Land Use Alternatives Report 22 Housing Units According to DOF, Los Gatos had a total inventory of about 13,300 housing units in 2018, which represented an increase of less than 300 housing units (0.2 percent CAGR) since 2010. The four land use alternatives project between about 1,200 (Alternative A) and 3,200 (Alternative D) additional housing units, with the projected growth rates ranging from 0.4 to 1.0 percent annually. The General Plan land use alternatives would produce between 1,156 and 3,175 units. Out of all four land use alternatives, only Alternative B (Medium Growth) falls within the projected demand range with 1,891 units (Figure 5-2). Housing Affordability The mix of housing units in the land use alternatives affects the overall affordability of housing. As discussed in the market demand section (page 6), multi-family units are typically more affordable than single-family units. Market rate prices and rents are currently unaffordable to many households in Los Gatos and throughout the Bay Area. The Town has established a program to require Below Market Price (BMP) units to be included in housing projects with more than five units in order to increase the supply of affordable units in Los Gatos. The requirement for BMP units ranges from 10 percent for small housing projects and up to 20 percent for larger housing projects. The housing units must be provided at two affordable income levels: Moderate Income, which is 80 to 100 percent of the median income, and Low Income, which is 50 to 80 percent of median income. For 2019, the household income levels that meet these thresholds are shown in Table 5-2. In the land use alternatives analysis, the average household size is assumed to be 2.4 persons. At the three-person household level, the estimated allowable housing sales prices would be approximately $390,000 for those meeting the Low-Income eligibility requirements and BMP rent would be approximately $2,300 per month. At the Moderate-Income level for a three-person household, the allowable housing sales price would be approximately $500,000. For comparison, the median sales price for homes in Los Gatos this past year exceeded $1.7 million. Figure 5-2: Market Demand Projections 3,5001,000 1,500 2,000 2,500 3,000 DOF PROJECTION 0.5% GROWTH 1,529 UNITS NEEDED ADE PROJECTION 0.7% GROWTH 1,954 UNITS NEEDED ALT. A: 1,156 UNITS ALT. B: 1,891 UNITS ALT. C: 2,303 UNITS ALT. D: 3,175 UNITS UNITS Table 5-2: Income Thresholds Household Size Low-Income Limit at (80% AMI) Median-Income Limit at (100% AMI) 1 person Not eligible Not eligible 2 people $75,600 $100,150 3 people $85,050 $112,700 4 people $94,450 $125,200 5 people $102,050 $135,200 6 people $109,600 $145,250 7 people $117,150 $155,250 December 2019 23 Table 5-2 shows the number of single-family and multi-family housing units in each alternative and the estimated number of BMP units that may be provided using the Town’s BMP requirements. The land use projections for the land use alternatives are not detailed enough to know precisely how many projects of five or more units may be subject to the BMP ordinance. However, for purposes of this analysis, it is assumed that all housing units developed at a density of 16 DU/AC or greater would be in projects large enough to be subject to providing BMPs. This would include most Medium- Density Residential (MDR) units which may be either single-family or multi-family housing units, but generally not Low Density single-family housing units. Furthermore, the analysis assumes the average percentage of BMP units would be 15 percent, which is the mid-point between the high and the low requirements depending on project size. On this basis, Alternative D provides not only the highest number of BMP units but also the highest percentage of BMP units. Alternative B provides the lowest percentage, but the difference is not large between the first three alternatives as shown in Table 5-3. Table 5-3: Comparison of Housing Units Type per Alternative Residential Units Alt. A Alt. B Alt. C Alt. D Total 1,156 1,891 2,303 3,175 Single Family 391 328 371 550 Multi-family 765 1,563 1,932 2,625 BMP Units 149 238 293 464 Percent of Total 12.9%12.6%12.7%14.6% Jobs All four land use alternatives assume no additional jobs beyond those created within the pending and approved development projects currently in the pipeline (see Section 2). The Town has several other land use designations (i.e., Office Professional, Central Business District, Light Industrial, Public, Service Commercial, etc.) that have the potential for additional employment capacity. These additional land use designations will be analyzed for additional employment as part of the Environmental Impact Report after the selection of a Preferred Land Use Alternative. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 24 Fiscal Health It is important to ensure that the future land use mix supports a healthy fiscal foundation for the Town. As discussed in the Background Report, different land uses generate different levels of revenue (taxes) and require different levels of costs (municipal services). Each of the land use alternatives has been evaluated to determine the cost/revenue balance at buildout of the land uses. The results are summarized in Table 5-4. The detailed methodology for this analysis is provided in Chapter 6: Alternatives Methodology. Table 5-4: Comparison of Fiscal Impacts of the Alternatives on Annual Operating Revenues and Costs Alt. A Alt. B Alt. C Alt. D Annual Revenues $4,320,000 $5,796,000 $6,564,000 $8,378,000 Annual Costs $3,710,000 $5,280,000 $6,264,000 $8,413,000 Net Fiscal Impact $610,000 $516,000 $300,000 ($35,000) Residential Net Impact $190,000 $96,000 ($121,000)($455,000) Non-residential Net Impact $420,000 $420,000 $420,000 $420,000 Source: ADE, Inc. Note: figures may not exactly add due to rounding. The figures in the Table 5-4 reflect the annual impact of the incremental growth in residential and non-residential land uses in each land use alternative. The figures depicted in Table 5-4 are not the total estimated Town General Fund budget at buildout, but only the incremental change generated by new development. The non-residential development is the same for each alternative, so the variations in performance among the alternatives is due solely to the changes in residential development. In general, the more the development in the land use alternative, the higher the annual revenues would be. However, lower density housing units (Low- Density Residential) typically have a higher market value than higher-density units, so the amount of property tax revenues, and to some degree taxable household spending that generates sales tax, is dependent on the mix of unit types in each land use alternative. In contrast, municipal costs are largely driven by the increase in population. For purposes of the land use alternatives analysis, all housing unit types are assumed to have the same average household size. Therefore, the bottom- line cost/revenue balance for each alternative reflects the ratio of aggregate home values and household incomes to the population it creates. Alternative A results in the highest net fiscal benefit, at about $610,000 annually. As noted in the housing affordability analysis, this alternative has the lowest number of BMP housing units and the mix of market rate units is more balanced between single family and multi-family. Generally, as the number of residential units goes up in each alternative, the fiscal benefit decreases, and Alternative D actually shows a small negative fiscal impact. The mix of units in Alternative B produces a positive fiscal benefit of $516,000 overall. Alternative C has an overall positive fiscal benefit of $300,000 per year, but the residential component generates a negative fiscal impact of -$121,000 per year. The fiscal health results should be viewed as a relative comparison among the land use alternatives and considered a best-case scenario over the long run. In the 2040 Background Report, the fiscal analysis of existing land uses showed that residential uses require more in-service cost than they generate in Town revenues. However, that is due to the fact that existing taxable assessed values are depressed due to the limitations imposed by Proposition 13. In the current real estate market, residential prices for new single family housing are high enough to generate sufficient tax revenues to support current levels of Town services, although multi-family assessed values still produce a negative fiscal impact. Over time, the revenue generating potential of the development may decline as Proposition 13 limits the escalation of assessed values compared to the inflation of municipal service costs. December 2019 25 Transportation Establishing Traffic Analysis Zones This transportation evaluation analyzes vehicle trips and vehicle miles traveled (VMT) generated by each land use alternative at full buildout. The purpose of the transportation evaluation is to provide a relative comparison of transportation effects for each land use alternative in order to support an informed recommendation on a preferred alternative. Land use decisions have a direct impact on the transportation network, so as land use changes, so do vehicle trips and trip-making behaviors. Planned land use changes that locate supportive land uses in proximity to one another, as well as the presence of high-quality pedestrian, bicycle, and transit facilities, support the potential for additional trips to be made by non-vehicle modes (i.e., walking, biking, transit). As part of the land use alternatives analysis, non-vehicle transportation modes were evaluated based on the potential for internal trip making to occur with each land use alternative. Land use data, representing additional development for each land use alternative, was provided at the traffic analysis zone (TAZ) level using the Santa Clara Valley Transportation Authority (VTA) travel model. For the purpose of this analysis, TAZs were combined into subareas based on the locations of key intersections and travel corridors, and additional areas that are expected to experience the most change over the next 20 years. The general locations of the subareas used in this analysis are described below and shown on Figure 5-3.  Subarea 1: Includes most of the areas north of Bicknell Road and west of State Route (SR) 17, comprising La Rinconada Country Golf Club and El Camino Hospital, and covers some areas both north and south of SR 85.  Subarea 2: Includes areas south of Bicknell Road, west of SR 17, and north of SR 9. It includes Vasona Lake Country Park and Oak Meadow Park. Winchester Boulevard and University Avenue are the two main roadways within this subarea providing north-south connectivity.  Subarea 3: Generally covers Downtown Los Gatos south of SR 9 and west of Los Gatos Boulevard.  Subarea 4: Includes a majority of Los Gatos Boulevard, Live Oak Manor Park, and Blossom Hill Park.  Subarea 5: Primarily comprised of hillside residential land uses south of Blossom Hill Road, west of Hicks Road, and east of Los Gatos Boulevard. The land use alternatives included in this evaluation were developed based on recommendations from the General Plan Update Advisory Committee and assume new housing units as part of all alternatives. The alternatives include increases in housing units mostly within designated Opportunity Areas that have been identified throughout the Town. Opportunity Areas focus new development potential within a quarter-mile around key corridors and intersections throughout Los Gatos. Opportunity Areas are generally located along or near:  Los Gatos Boulevard between Samaritan Drive and Shannon Road (Los Gatos Boulevard OA);  Pollard Road/More Avenue intersection (Pollard Road OA);  Winchester Boulevard/Knowles Drive intersection (Winchester Boulevard OA);  Lark Avenue/University Avenue intersection (Lark Avenue OA);  North Santa Cruz Avenue/Andrews Street intersection (North Santa Cruz Avenue OA);  Blossom Hill/Harwood Road intersection (Harwood Road OA); and  Union Avenue/Los Gatos-Almaden Road intersection (Union Avenue OA). Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 26 Pollard Road OA Winchester Boulevard OA Lark Avenue OA Los Gatos Boulevard OA Union Avenue OA Harwood Avenue OA North Santa Cruz Avenue OA Figure 5-3: Traffic Analysis Subareas December 2019 27 Table 5-5 summarizes the development potential for a number of new housing units and presents the total land use change for each alternative for the Town of Los Gatos. The housing unit figures in Table 5-5 only account for new housing unit potential and does not include anticipated housing units from Town pending and approved projects. The growth associated with each of the land use alternatives at full build-out would change the total population of the Town. Service population refers to the total number of people that the Town serves, or the number of people who live and work in Los Gatos. Table 5-6 presents the service population for Los Gatos by land use alternative. Since each of the four land use alternatives only assume new housing units, the total number of jobs remains constant at approximately 22,000. Methods Trip generation and VMT metrics for land use alternatives were evaluated using the MainStreet transportation analysis program, which was developed by Fehr & Peers. The MainStreet program applies the US Environmental Protection Agency (EPA) approved methodology (MXD+) for the determination of trip generation reductions versus traditional estimates prepared only using rates from the Institute of Transportation Engineers’ Trip Generation Manual, which is associated with the placement of compatible land uses in proximity to one another as well as the presence of high-quality pedestrian, bicycle, and transit facilities. By considering the local and regional context of land uses, MainStreet produces more accurate estimates than traditional methods. Additionally, the MainStreet program uses trip length data (by trip purpose) from the Santa Clara Valley Transportation Authority (VTA) travel demand model and the Metropolitan Transportation Commission (MTC) travel demand model to calculate VMT generated by different alternatives. The results of the MainStreet trip generation and VMT analysis are one indicator of the potential transportation and environmental effects on the rest of the Town and surrounding area. The analysis evaluates whether the existing transportation network can accommodate the anticipated transportation needs associated with each land use alternative. The evaluation was conducted by estimating the amount of traffic generated by each land use alternative on both a Townwide and TAZ subarea basis. Table 5-5: Development Potential (New Housing Units) Subarea Alternative A Alternative B Alternative C Alternative D Subarea 1 211 338 446 650 Subarea 2 181 304 426 543 Subarea 3 65 178 186 325 Subarea 4 216 574 732 1,134 Subarea 5 8 22 38 49 Total 681 1,416 1,828 2,701 Source: Mintier Harnish, 2019. Table 5-6: Service Population by Alternative1 Alternative A Alternative B Alternative C Alternative D Population 33,000 35,000 36,000 38,000 Jobs 22,000 22,000 22,000 22,000 Service Population2 55,000 57,000 58,000 60,000 Notes: 1. Rounded to the nearest thousand. 2. Service population = population + jobs Source: Mintier Harnish, 2019. Service population refers to the total number of people that the Town serves, or the total number of people who live and work in Los Gatos. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 28 Vehicle Trip Estimates This section provides a summary of the weekday vehicle trip generation estimates for the four land use alternatives. The number of vehicle trips generated by all land uses in Los Gatos were used to estimate how changes in land use patterns may affect vehicle trips on the local roadway system. Land use data (representing additional development for each alternative), pending and approved projects, and existing land uses from the VTA travel model were used to develop the estimated vehicle trips that would be generated by all land uses in Los Gatos. The amount of vehicle traffic generated under each alternative was estimated by applying average trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition (September 2017) to the various land use types, estimating the number of weekday daily, morning (AM) peak hour, and evening (PM) peak hour vehicle trips. The resulting trip generation estimates for all land uses in Los Gatos by alternative are summarized in Table 5-7. In Los Gatos, the total daily and peak hour vehicle trips are estimated to increase as the number of housing units increase across the four land use alternatives. Alternative A at full build-out would add approximately 1,150 new housing units in the Town. When compared to Alternative A, Alternative D would result in a three percent (600 to 750) increase in peak hour vehicle trips. Alternative D would generate the most traffic, primarily due to the addition of 3,170 new housing units. Overall, the four land use alternatives are very similar, with only minor differences between total peak hour trips. Table 5-7: Total Daily and Peak Hour Vehicle Trips Generated from Land Uses Land Use Alternative Total Daily Trips1 Peak Hour AM Trips2 Peak Hour PM Trips2 Alternative A 285,000 21,440 29,470 Alternative B 288,000 21,660 29,750 Alternative C 290,000 21,770 29,890 Alternative D 294,000 22,050 30,220 Notes: 1. Rounded to the nearest thousand. 2. Rounded to the nearest hundred. Source: Fehr & Peers, 2019. Intersection Operations The existing peak hour operations of the key intersections during the morning and evening peak hours from the 2040 General Plan Background Report are presented in Table 5-8. Table 5-8: Existing Intersection Levels of Service ID Intersection Peak Hour2 Delay LOS3 1 Winchester Boulevard and Lark Avenue AM PM 29.1 17.9 C B 2 Los Gatos Boulevard and Samaritan Drive AM PM 32.9 32.2 C C 3 Los Gatos Boulevard and Lark Avenue AM PM 49.0 37.1 D D 4 Los Gatos Boulevard and Blossom Hill Road AM PM 34.4 33.2 C C 5 Los Gatos Boulevard and Los Gatos- Saratoga Road AM PM 22.8 22.4 C C 6 Los Gatos-Saratoga Road and University Avenue1 AM PM 37.6 32.1 D C 7 N. Santa Cruz Avenue and Los Gatos- Saratoga Road1 AM PM 45.0 32.3 D C 8 N. Santa Cruz-Winchester Boulevard and Blossom Hill- Mariposa Road AM PM 24.9 22.2 C C 9 Main Street and N. Santa Cruz Avenue AM PM 20.0 33.5 C C 10 Main Street and University Avenue AM PM 14.9 19.3 B B Notes: 1. Denotes Congestion Management Program (CMP) facility 2. AM = morning, PM = evening 3. LOS calculations conducted using the TRAFFIX level of service analysis software package, which applies the method described in the 2000 Highway Capacity Manual. Source: Fehr & Peers, 2019. LOS. Level of Service. Measures the quality of vehicle traffic service. Used to analyze roadways and intersections by assigning quality levels of traffic based on measures of speed, density, and congestion. December 2019 29 Based on the total daily and peak hour vehicle trip estimates developed in the previous section, a qualitative analysis was performed as an indicator of the relative changes in traffic that might travel through the Town’s study intersections (see Table 5-9). Expected vehicle traffic increases are presented qualitatively using the following symbols: ■ = small increase (intersections would likely not experience noticeable change) ■■ = moderate increase (intersections may experience some noticeable change but would likely continue to operate with similar LOS) ■■■ = substantial increase (intersections would experience noticeable change and would operate near, at, or over capacity) Table 5-9: Traffic Congestion Increase Levels ID Intersection Alt. A Alt. B Alt. C Alt. D 1 Winchester Boulevard and Lark Avenue ■■■ ■■ ■ 2 Los Gatos Boulevard and Samaritan Drive ■■ ■■ ■■ ■ 3 Los Gatos Boulevard and Lark Avenue ■ ■■ ■■ ■■ ■ 4 Los Gatos Boulevard and Blossom Hill Road ■ ■■ ■■ ■■ ■ 5 Los Gatos Boulevard and Los Gatos- Saratoga Road ■■■■ 6 Los Gatos-Saratoga Road and University Avenue1 ■■■■ 7 N. Santa Cruz Avenue and Los Gatos- Saratoga Road1 ■■■■ 8 N. Santa Cruz-Winchester Boulevard and Blossom Hill- Mariposa Road ■■■■ 9 Main Street and N. Santa Cruz Avenue ■■■■ 10 Main Street and University Avenue ■■■■ Notes: 1. Denotes Congestion Management Program (CMP) facility Source: Fehr & Peers, 2019. Vehicle traffic generated by new development under each of land use alternatives would substantially increase congestion if it adds substantial amounts of traffic to the intersections operating near, at, or over capacity (LOS D, E, or F). Since substantial amounts of vehicle traffic would not be generated from the full build-out of each alternative, none of the alternatives would add substantial amounts of growth or traffic to the study intersections in Los Gatos. However, the intersections of Winchester Boulevard/Lark Avenue, Los Gatos Boulevard/Samaritan Drive, Los Gatos Boulevard/Lark Avenue, and Los Gatos Boulevard/Blossom Hill Road would likely experience moderate increases in congestion levels mostly due to the additional housing units being considered near these intersections. Vehicle Miles Traveled Estimates Vehicle miles traveled, or VMT, measures the total amount of vehicular travel for a specific area and is a new metric used to analyze potential air quality and greenhouse gas impacts. To calculate VMT, the number of vehicle trips generated by development in a land use type is multiplied by the average trip length (see Methods section on page 28 for more information). Importantly, State law requires all lead agencies, such as Los Gatos, to change from vehicle level-of-service (LOS) to VMT as the primary method for measuring transportation impacts under the California Environmental Quality Act (CEQA). VMT can be expressed in absolute terms or as an efficiency metric, like total VMT per service population (i.e., population plus employment), which divides total VMT by the total population being served. As part of the evaluation, a comparison of VMT per service population was included for each land use alternative. Table 5-10 summarizes the total daily, morning, and evening peak hour VMT and VMT per service population for the four land use alternatives. As observed in the evaluation of vehicle trips generated by the four land use alternatives, the daily and peak hour VMT estimates increase as the number of housing units for each alternative increase. The analysis shows that the total daily and peak hour VMT in Los Gatos would be the lowest with the full build out of Alternative A (approximately three percent less daily and peak hour VMT than Alternative D). However, from a VMT efficiency perspective, Alternative D performs the best with an estimated 21.48 VMT per service population as compared with an estimated 22.65 VMT per service population in Alternative A. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 30 The decrease in VMT per service population can be attributed to the intensification of housing units in Opportunity Areas, which has the potential to make taking transit, walking, and biking more viable options. Most of the new development proposed in the four land use alternatives concentrates housing near other compatible land uses, such as retail along Los Gatos Boulevard, as well as near existing bicycle facilities along Los Gatos Boulevard, and existing transit, such as the bus stops along Winchester Boulevard. Locating housing near other compatible land uses supports additional trips to be made by non- vehicle modes, such as walking, biking, or taking transit. While all four land use alternatives are actually very similar to one another, Alternative D would have the highest potential for internal trip making to occur and would see the highest shifts to non-vehicle transportation modes, like walking, biking, or taking transit. Table 5-10: Total Daily and Peak Hours Vehicle Miles Traveled1 Land Use Alternative Total Daily VMT1 Peak Hour AM VMT1 Peak Hour PM VMT1 VMT per Service Population2 Alternative A 1,245,000 128,600 147,400 22.65 Alternative B 1,259,000 130,000 148,800 22.20 Alternative C 1,267,000 130,700 149,500 21.95 Alternative D 1,284,000 132,300 151,100 21.48 Notes: 1. Total daily and peak hour VMT represent high-level estimates for each land use alternative in the Town of Los Gatos. They are primarily intended to show the relative differences in travel activity that would occur with each land use alternative. Rounded to the nearest thousands. 2. Service population = population + jobs Source: Fehr & Peers, 2019. December 2019 31 Community Character and Urban Form range within each of the four land use alternatives. The visual images for Alternatives A-C at Site 3 depict similar scale projects currently found in Los Gatos. This was done to provide more relevant community examples. Alternative D for Site 3 includes a sample project from Southern California as an example. Key Takeaways The following are a few key takeaways from the potential development representations:  Horizontal vs. Vertical Mixed Use. Since Alternative A includes the lowest density (dwelling units per acre) and FAR, potential mixed-use projects would most likely use a horizontal mixed-use development model. The horizontal mixed-use development model means that different uses onsite are not stacked vertically (e.g., housing above commercial), but are separate standalone uses on a single site. For example, commercial tenant spaces would abut the street while housing units would be located at the rear of a site to shield them from noise generated by traffic. The type of mixed-use development for Alternatives B, C, and D is a vertical mixed-use development model since all three alternatives have height limits at or above three stories and an increased FAR. For example, different uses could be integrated into one building, with commercial tenants on the bottom floor, and office and housing on higher floors.  Parking. The parking shown for each of the potential development representations was calculated based on current Town parking standards. Modifications to the parking standards may need to occur if there are changes to the density and FAR of specific land use designations. In order to adequately address the current Town parking requirements, a variety of parking methods are presented in the visualizations, including surface parking (i.e., parking lots) and structured parking (i.e., podium parking, parking garage).  Density and FAR Correlation. When the FAR is higher, but the overall assumed density stays constant, the average gross square footage per unit is typically larger. This is most apparent when Alternative B is compared to Alternative A and Alternative D is compared to Alternative C. For example, for Location 2 increasing the intensity by 0.25 FAR and retaining the assumed density of 26 du/acre, increases the average unit size by 425 square feet to 1,225 square feet. The design and character of the built environment, including buildings and public infrastructure, influence the way people experience a community and remember it. These features play an important role in creating a distinctive identity of the community and influence the quality of life of the residents. They can also have a considerable impact on economic development, community health, safety, and vitality. Understanding how community character and design influence the quality of life of residents will inform decision-making on how the Town develops into the future to fulfill the needs of its residents and enhance it as a place to live and work. The four land use alternatives could have varying effects on the overall character and identity of Los Gatos. This is largely because the areas where the most transformational changes are anticipated are along heavily-traveled and locally-recognized corridors and intersections, most of which are included in the designated Opportunity Areas. These Opportunity Areas are meant to accommodate more concentrated development where the infrastructure is currently able to support that growth. Development within each Opportunity Area increases in density moving from Alternative A to Alternative D. Therefore, Alternative D would allow for taller buildings and a higher FAR to accommodate more residential units in the same area. Alternatives Development Representations As part of the land use alternatives analysis, three locations within Opportunity Areas in Town were selected to provide a visual representation of what a potential development might look like given the development parameters (i.e., density, intensity) of each land use alternative. When creating potential development representations, the following site factors were taken into consideration:  Access from the street;  Relationship to the primary street with the goal of creating a pedestrian- friendly environment;  Compatibility with adjacent development; and  Opportunities for creating common outdoor areas, community gathering spaces, and in the case of Site 1, a potential future street connection. Of the three selected locations, Sites 1 and 2 have visualizations of a potential development and an example of what its urban form could be. Site 3 photographs of development that would be consistent with the density Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 32 Site 1: Corner of Los Gatos Boulevard and Los Gatos Almaden Road Land Use Designation: Mixed-Use Commercial Current Use: Vacant Auto Dealership December 2019 33 Alternative A Commercial: 27,900 sq.ft. (existing) Density: 18 du/ac FAR: 0.50 Max Floors: 2 Area per Unit: 650 sq.ft. Alternative B Commercial: 27,900 sq.ft. (existing) Density: 26 du/ac FAR: 0.75 Max Floors: 3-4 Area per Unit: 850 sq.ft. Site 1: Corner of Los Gatos Boulevard and Los Gatos Almaden Road Land Use Designation: Mixed-Use Commercial Current Use: Vacant Auto Dealership A B A B Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 34 Alternative C Commercial: 27,900 sq.ft. (existing) Density: 26 du/ac FAR: 1.0 Max Floors: 4 Area per Unit: 1,290 sq.ft. Alternative D Commercial: 27,900 sq.ft. (existing) Density: 26 du/ac FAR: 1.5 Max Floors: 5 Area per Unit: 2,120 sq.ft. Site 1: Corner of Los Gatos Boulevard and Los Gatos Almaden Road Land Use Designation: Mixed-Use Commercial Current Use: Vacant Auto Dealership C D C D December 2019 35 Site 2: Pollard Road at More Avenue Land Use Designation: Neighborhood Commercial Current Use: Shopping Center with a Safeway Grocery Store Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 36 Alternative A Commercial: 66,800 sq.ft. (existing) Density: 18 du/ac FAR: 0.50 Max Floors: 2 Area per Unit: 560 sq.ft. Alternative B Commercial: 66,800 sq.ft. (existing) Density: 26 du/ac FAR: 0.75 Max Floors: 3-4 Area per Unit: 1,160 sq.ft. Site 2: Pollard Road at More Avenue Land Use Designation: Neighborhood Commercial Current Use: Shopping Center with a Safeway Grocery Store A B A B December 2019 37 Alternative C Commercial: 27,900 sq.ft. (existing) Density: 26 du/ac FAR: 1.0 Max Floors: 4 Area per Unit: 1,290 sq.ft. Alternative D Commercial: 27,900 sq.ft. (existing) Density: 26 du/ac FAR: 1.5 Max Floors: 5 Area per Unit: 2,120 sq.ft. C D C D Site 2: Pollard Road at More Avenue Land Use Designation: Neighborhood Commercial Current Use: Shopping Center with a Safeway Grocery Store Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 38 Site 3: Corner of University Avenue and Towne Terrace Land Use Designation: High-Density Residential Current Use: Apartments December 2019 39 Alternative A Density: 26 DU/acre Max Floors: 2 Location: Los Gatos, CA Street: Blossom Hill Road Alternative B Density: 26 DU/acre Max Floors: 3-4 Location: Los Gatos, CA Street: Edelen Avenue Alternative C Density: 36 DU/acre Max Floors: 4 Location: Los Gatos, CA Street: Riviera Drive Alternative D Density: 36 DU/acre Max Floors: 5 Location: Pasadena, CA Street: Union Street Site 3: Corner of University Avenue and Towne Terrace Land Use Designation: High-Density Residential Current Use: Apartments A B C D Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 40 A This appendix provides a description of the methodology used to determine total housing, and population for each land use alternative, followed by a description of the methodology used in the fiscal analysis. Development Capacity Methodology This section provides a description of the methodology used to determine total housing, population, and employment capacity for each of the land use alternatives. The purpose of this methodology is to support a “development capacity” analysis of the Town’s Planning Area under each of the four alternatives. Development capacity, as used in this report, is an estimate of the total housing units, population, and non-residential building square footage calculated based on a set of development assumptions and calculations. It is important to note that a development capacity analysis reflects a theoretical buildout of the available vacant land and parcels with redevelopment potential that are within the Planning Area. It is unlikely that all of the calculated potential development will be realized by 2040. In this analysis, four basic land use alternatives were prepared. The Low Growth Alternative reflects the Town’s existing General Plan relative to development density and intensity. Alternatives B, C, and D represent increasing density and intensity, increasing as you move from the lower to the higher alternative.  Alternative A, Low Growth  Alternative B, Medium Growth  Alternative C, Medium High Growth  Alternative D, High Growth The following discussion provides an overview of the steps involved in producing the development capacity analysis. A B C D Appendix: Alternatives Methodology 41 Step 1: Scope of Analysis The land use alternatives included in this evaluation were developed based on recommendations from the General Plan Update Advisory Committee (GPAC). Following GPACs recommendation, the Consultants identified five land use designations that could have potential for future development and should be evaluated in this analysis. The development capacity analysis focused on development within these designations:  Low-Density Residential (LDR)  Medium-Density Residential (MDR)  High-Density Residential (HDR)  Neighborhood Commercial (NC)  Mixed-Use Commercial (MU) Areas not included in the analysis are those designated Hillside Residential, Mobile Home Park, Office Professional, Service Commercial, Central Business District (downtown), Light Industrial, Public, and Open Space. To determine development potential, the development capacity analysis looked at development of existing vacant parcels as well as the redevelopment and/or intensification of some areas that contain development currently within the five identified land use designations. Step 2: Vacant Land To identify vacant parcels in each of the five land use designations being analyzed, parcel data from the Santa Clara County Assessor’s Office was used. Using the geographic information system (GIS) data provided by the Assessor, parcels with a tax use code of “Vacant” were identified. These sites were then visually reviewed against aerial photography to confirm that the site was truly vacant. Once verified, the attributes of the vacant land GIS data were exported into an Excel spreadsheet for the analysis. Step 3: Opportunity Areas In addition to analyzing vacant parcels, the development capacity analysis also examined the redevelopment potential of locations with existing development. Within these developed areas, locations that could support more intensive uses were identified based on location, access, infrastructure, roadway capacity, and surrounding land uses. These locations were identified and defined as “Opportunity Areas.” Parcels within designated Opportunity Areas (OA) are assumed to have a higher potential redevelopment percentage and the ability to support increased density ranges (and higher maximum building heights) for residential and increased intensity for non-residential uses, expressed by increasing the allowed floor area ratio (FAR). If a parcel is designated Neighborhood Commercial or Mixed-Use Commerical, it was assumed that square footage of existing commercial uses would remain (as currently built or as a replacement) and residential will be added to the site, therefore, there will be no net commercial loss as part of the redevelopment assumptions. Step 4: Redevelopment The analysis also evaluated the potential for existing developed areas to redevelop (e.g., remove an existing home and replace it with more units, such as a duplex or triplex), or increase the use of a parcel (e.g., adding additional units on a parcel with an existing home). This potential, expressed as a percentage of the total area evaluated was applied to areas both inside and outside the Opportunity Areas identified. Step 5: Development Assumptions All parcels inside and outside the Opportunity Areas, including vacant parcels, were assigned a set of development assumptions that were specific to the four land use alternatives. The following tables show the development assumptions for redevelopment, density, typical density, and FAR for each alternative. On each table, the following headings are shown:  Redevelopment Percent. This column states what percentage of the total area under each land use designation is assumed to be redeveloped within the 2040 planning period. The percentage shown provides numbers of parcels outside the Opportunity Areas (Outside OA) and those inside the Opportunity Areas (Inside OA). Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 42 Land Use Designation Alternative A: Low Growth Redevelopment Percent Density Range (DU/AC)Typical Density (DU/AC)FAROutside OA Inside OA Outside OA Inside OA Outside OA Inside OA LDR 5%5%0 to 5 5 to 12 4 10 0.25 MDR 5%10%5 to 12 12 to 20 10 16 0.5 HDR 10%10%12 to 20 20 to 30 18 26 0.75 NC 5%5%0 to 20 10 to 20 18 18 0.5 MU 5%5%0 to 20 10 to 20 18 18 0.5 Land Use Designation Alternative B: Medium Growth Redevelopment Percent Density Range (DU/AC)Typical Density (DU/AC)FAROutside OA Inside OA Outside OA Inside OA Outside OA Inside OA LDR 5%5%5 to 12 8 to 16 10 14 0.25 MDR 10%10%12 to 20 14 to 24 16 20 0.75 HDR 10%10%20 to 30 20 to 30 26 26 1 NC 10%10%0 to 20 10 to 20 18 18 0.75 MU 10%15%0 to 20 20 to 30 18 26 0.75 Land Use Designation Alternative C: Medium-High Growth Redevelopment Percent Density Range (DU/AC)Typical Density (DU/AC)FAROutside OA Inside OA Outside OA Inside OA Outside OA Inside OA LDR 5%10% 5 to 12 8 to 16 10 14 0.5 MDR 10%10%12 to 20 14 to 24 16 20 0.75 HDR 15%15%20 to 30 30 to 40 26 36 1.25 NC 10%15%0 to 20 20 to 30 18 26 0.75 MU 10%20%0 to 20 30 to 40 18 26 1 Land Use Designation Alternative D: High Growth Redevelopment Percent Density Range (DU/AC)Typical Density (DU/AC)FAROutside OA Inside OA Outside OA Inside OA Outside OA Inside OA LDR 10%15% 5 to 12 12 to 20 10 16 0.75 MDR 15%15%14 to 24 14 to 24 20 20 1 HDR 15%20%20 to 30 30 to 40 26 36 1.5 NC 15%15%20 to 30 20 to 30 26 26 1 MU 15%20%30 to 40 30 to 40 36 36 1.5  Density Range (DU/AC). This column states the density range for residential that was assumed for each alternative. Density is expressed as the number of dwelling units per acre (DU/AC).  Typical Density. For development, on average, maximum density/intensity is not usually obtained. For the analysis, a density that estimates the “typical” density was developed. Typical density was based on previous Town projects that were of similar size and scope to potential development in the land use alternatives. This is the number that is used in the analysis for residential development.  FAR. Floor Area Ratio is a measure of intensity that is used to define the total building area allowed on a site. See page 4 for further information on FAR. Structure height varies between each of the four land use alternatives depending on the specific land use designation and FAR. The potential maximum allowed height for the five land use designations in Alternative A is two stories, Alternative B is three to four stories, Alternative C is four stories, and Alternative D is five stories. A visual example of potential developments at these height intervals is provided in the Community Character and Urban Form section on pages 34, 35, 37, and 38. December 2019 43 Step 6: Residential Potential After applying the development assumptions for each of the four land use alternatives, the potential number of new housing units and population were calculated. The number of new housing units in each alternative was calculated by multiplying the typical density by the number of acres of each parcel being analyzed. For example, if a parcel was one acre in size and the typical density was 12 DU/AC, then the total potential housing units would be 12 units. When calculating the population, the estimated number of persons per household for Los Gatos (based on data from the California Department of Finance), which is 2.4 persons per unit, was multiplied by the number of units projected. The following is a summary of the net new housing units and population for each alternative. Alternative A: Low Growth Net New Housing Units Population 681 1,634 Alternative B: Medium Growth Net New Housing Units Population 1,416 3,398 Alternative C: Medium-High Growth Net New Housing Units Population 1,828 4,387 Alternative D: High Growth Net New Housing Units Population 2,701 6,482 Step 7: Pending and Approved Projects In addition to the net new housing units and population figures (from Step 6), new housing units, population, jobs, and non-residential square footage based on pending and approved Town projects were also added to the total potential. Town staff provided the Consultants a list Town approved and pending projects earlier in 2019 to inform this process. Calculating new population for pending and approved projects used the same process for calculating the net new population. Non-residential square footage was provided by Town staff on a project by project basis. To estimate the number of jobs for non-residential projects, the Consultants used an employee per square footage assumption based on current best practice (see below) and divided the non-residential square footage per project by the employee assumption. For example, if the assumption is 500 square feet per employee for commercial and a commercial project has 10,000 square feet of retail, the estimated number of jobs for that use would be 20 jobs. Below is a summary of the net new housing units, population, jobs, and non-residential square footage for the Town identified pending and approved projects. Employee Per Square Foot Assumptions Office Retail Institutional Industrial 350 500 700 1,000 Pending and Approved Town Projects Net New Housing Units Population Jobs Non-Residential Square Footage 475 1,140 1,280 671,768 Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 44 Step 8: Results After calculating the net new figures from the pending and approved projects, the Consultants added them to the existing (2018) Los Gatos housing units, population, and jobs totals, as well as the net new totals for each of the four land use alternatives. These combined totals provide a snapshot of the Townwide buildout of parcels within the five land use designations selected for analysis by the GPAC. The following is a summary of the Townwide net new population, housing units, and jobs by land use alternative. Category Existing (2018)**Alt A*Alt B*Alt C*Alt D* Population 30,250 33,024 34,788 35,777 37,872 Jobs 20,650 21,930 21,930 21,930 21,930 Housing Units 13,069 14,225 14,960 15,372 16,245 Notes: *Totals include the pending and approved projects **Existing data is from the American Community Survey, 2018 December 2019 45 Fiscal Analysis Methodology The fiscal analysis of the land use alternatives is based on estimates derived from the Town FY 2019-2020 General Fund budget and the analysis of how different land uses affect Town service cost and tax revenues, as described in the Los Gatos Today Chapter of the General Plan Background Report published in March 2019. This section describes these calculations in more detail. The analysis allocates major revenues such as the property tax, sales tax and transient occupancy tax (TOT) to land uses based on estimated socioeconomic characteristics of the land uses and the legislative tax formulas. Other revenues and most service costs are allocated based on per capita formulas using the existing budget data and population and employment levels in Los Gatos. Each section below describes the major assumptions and data sources used for each revenue and cost category. Property Tax Property tax is based on projected market values for future development shown in the table to the right (Projected Assessed Values by Land Use). The Consultants researched prices for real estate sales transactions over the past two years in Los Gatos. During that time, there were approximately 440 sales transactions for properties in the land use types and density ranges and included in the General Plan alternatives. While property owners pay a total base property tax of one percent of assessed value, the Town receives an estimated 9.3 percent of this revenue. The remaining property tax revenue is distributed to the County and various other taxing agencies, most notably local school districts, in the area. In addition to the base property tax, the Town receives property tax in lieu of vehicle license fees directly from the state. These revenues are based on annual increases in assessed value in each Town and are equal to nearly 21.8 percent of base tax revenues for Los Gatos. Projected Assessed Values by Land Use  Land Use Assessed Value Residential Per Unit Single Family (Density)  (4 du/ac)$2,254,000 (10 du/ac)$2,031,000 (14 du/ac)$1,660,000 (16 du/ac)$1,511,000 Multi-Family (18 du/ac)$1,343,000 (20 du/ac)$1,048,000 (26 du/ac)$1,165,000 (36 du/ac)$910,000 BMP Units Low Income $385,000 Moderate Income $510,000 Non-Residential Per Sq. Ft. Commercial $1,086 Industrial $200 Office $556 Institutional $189 Source: ADE,2019, based on property transaction data for 2017-2019 reported by CoreLogic ListSource. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 46 Sales Tax The Town receives 1.125 percent of taxable sales that occur within the Town limits. In the Background Report, the Consultants estimated that approximately 25 percent of total retail demand leaves Los Gatos as households and businesses shop at other retail centers in the regional market area. Based on the projected home prices and rent levels for the housing units in the land use alternatives, the Consultants estimated household income levels and calculated the amount of taxable retail sales from each income segment shown in the table below (Estimated Household Incomes and Sales Tax Generation Rates). Estimated Household Incomes and Sales Tax Generation Rates Residential Land Use Categories Sales Price Homeowners Renters Spent in Los Gatos Sales Tax per HouseholdHousehold Income Retail Sales % of Income Taxable Sales Renter Household Income Retail Sales Taxable Sales Single Family (4 du/ac)$2,254,000 $498,200 21.0%65.7%75.0%$580 (10 du/ac)$2,031,000 $448,900 21.0%65.7%75.0%$523 (14 du/ac)$1,660,000 $366,900 21.0%65.7%75.0%$427 (16 du/ac)$1,511,000 $334,000 21.0%65.7%75.0%$389 Multi-Family (18 du/ac)$1,343,000 $296,800 21.0%65.7%$88,209 34.0%85.0%75.0%$241 (20 du/ac)$1,048,000 $231,600 21.0%65.7%$88,209 34.0%85.0%75.0%$226 (26 du/ac)$1,165,000 $257,500 21.0%65.7%$88,209 34.0%84.0%75.0%$230 (36 du/ac)$910,000 $201,100 21.0%65.7%$88,209 34.0%84.0%75.0%$217 BMP Low $385,000 $85,050 29.8%69.5%$85,050 34.7%84.0%75.0%$197 BMP Moderate $510,000 $112,700 28.8%69.1%$112,700 34.7%84.0%75.0%$260 Source: ADE, 2019. Homeowner incomes based on qualifying income for 30 year mortgage at 3.9% with 10% down payment and housing costs, including taxes and insurance, at 33% of income. Rents assumed to average $2,575 per month. The sales tax per household assumes 80% renters and 20% homeowners for the multi-family units. For non-residential projects in the land use alternatives, the sales tax generation rates are based on the analysis of existing sales tax in the Background Report. In the fiscal calculations, the sales tax attributed to retail/commercial excludes sales tax generated by Los Gatos households. This was done to avoid double counting household revenues. The remaining taxable sales from retail/ commercial are generated by non-Los Gatos households, visitor spending, and business to business transactions. Office, industrial, and institutional taxable sales are point of sale transactions at those places of business. December 2019 47 Other Revenues and Costs Other revenues and the Town service costs are projected on a per capita basis. Residents in Town generate twice the service demand per person as do the jobs supported by businesses in Town. This rule of thumb was developed through a fiscal impact methodology based on the data that nighttime residents are present at least 16 hours in a 24-hour day while those that commute into Town for employment only occupy 8-hour shifts. With the 2019 population in Los Gatos of 30,988 and an estimated job base of 19,667 jobs, this results in about 74.8 percent of Town service costs allocated to residential uses and 23.7 percent to non-residential uses. The remaining 1.5 percent are allocated to visitors based on the number of hotel rooms in Town. These percentages and the resulting per capita revenue and cost factors are shown in the table on the right (Per Capita Cost and Revenue Factors by Major Land Use). Intergovernmental revenues, including the gas tax, tend to be allocated based on residential population only. General Government Costs are not allocated on a per capita basis but are applied as an overhead charge to other costs for each land use. General Government includes the Town management functions, finance, human resources, Town Clerk, Town Attorney, and other similar functions. Overall, these services represent about 20 percent of the total General Fund expenditures for Los Gatos. The detailed fiscal projections for each alternative are shown in the tables on the following pages. Per Capita Cost and Revenue Factors by Major Land Use Budget Category Residential Business Percent Allocation Per Capita Factor Percent Allocation Per Capita Factor Revenues Franchise Fees 76%$60.51 24%$29.66 Other taxes 76%$34.46 24%$16.89 Intergovernmental 100%$31.57 0%$0.00 Town Services 76%$106.54 24%$52.22 Fines and Forfeitures 75%$11.68 24%$5.84 Other Revenues 76%$8.77 24%$4.30 Debt Service Reimbursements 76%$0.00 24%$0.00 Transfers in 76%$13.26 24%$6.50 Expenditures Community Development 76%$141.78 24%$69.50 Library 76%$72.24 24%$35.41 Parks and Public Works 75%$60.63 24%$30.31 Debt Payments 76%$0.00 24%$0.00 Transfers Out 76%$190.83 24%$93.54 Franchise Fees 76%$60.51 24%$29.66 Other taxes 76%$34.46 24%$16.89 Source: ADE, 2019. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 48 Alternative A Total Single Family Multi-Family Commercial Industrial Office Institutional REVENUES Property Tax $1,858,702 $599,216 $772,109 $391,559 $29,284 $60,067 $6,467 Property Tax in lieu of VLF $497,736 $160,462 $206,761 $104,854 $7,842 $16,085 $1,732 Sales Tax $720,812 $169,312 $184,914 $290,125 $11,293 $64,645 $524 Franchise Fees $207,580 $56,645 $111,101 $23,001 $6,671 $9,852 $310 Transient Occupancy Tax $0 $0 $0 $0 $0 $0 $0 Other taxes $118,206 $32,256 $63,266 $13,098 $3,799 $5,610 $176 Licenses and Permits $285,597 $77,934 $152,858 $31,646 $9,179 $13,555 $426 Intergovernmental $87,501 $29,548 $57,954 $0 $0 $0 $0 Town Services $365,454 $99,726 $195,599 $40,494 $11,745 $17,345 $545 Fines and Forfeitures $40,213 $10,931 $21,440 $4,528 $1,313 $1,939 $61 Interest Earnings and Rents $62,721 $18,513 $26,613 $13,372 $1,231 $2,839 $153 Other Revenues $30,072 $8,206 $16,095 $3,332 $966 $1,427 $45 Transfers in $45,470 $12,408 $24,337 $5,038 $1,461 $2,158 $68 TOTAL REVENUES $4,320,066 $1,275,158 $1,833,048 $921,048 $84,785 $195,521 $10,507 EXPENDITURES General Government $629,157 $167,134 $327,811 $90,283 $17,380 $25,712 $836 Community Development $505,602 $132,714 $260,301 $80,834 $12,504 $18,523 $726 Police Dept.$1,463,870 $382,651 $750,519 $237,738 $36,776 $54,478 $1,707 Library $247,812 $67,623 $132,634 $27,459 $7,964 $11,761 $370 Parks and Public Works $208,775 $56,753 $111,313 $23,507 $6,818 $10,068 $316 Transfers Out $654,620 $178,634 $350,367 $72,536 $21,039 $31,069 $977 TOTAL EXPENDITURES $3,709,836 $985,509 $1,932,945 $532,357 $102,482 $151,612 $4,932 TOTAL BUDGET NET (DEFICIT)/ SURPLUS $610,230 $289,649 ($99,897)$388,691 ($17,697)$43,910 $5,575 Detailed Fiscal Projections: Alternative A Note: figures may not exactly add due to rounding. December 2019 49 Alternative B Total Single Family Multi-Family Commercial Industrial Office Institutional REVENUES Property Tax $2,478,760 $484,371 $1,507,012 $391,559 $29,284 $60,067 $6,467 Property Tax in lieu of VLF $663,780 $129,708 $403,558 $104,854 $7,842 $16,085 $1,732 Sales Tax $867,758 $141,992 $359,178 $290,125 $11,293 $64,645 $524 Franchise Fees $297,814 $42,335 $215,646 $23,001 $6,671 $9,852 $310 Transient Occupancy Tax $0 $0 $0 $0 $0 $0 $0 Other taxes $169,590 $24,107 $122,799 $13,098 $3,799 $5,610 $176 Licenses and Permits $409,745 $58,246 $296,694 $31,646 $9,179 $13,555 $426 Intergovernmental $134,570 $22,083 $112,487 $0 $0 $0 $0 Town Services $524,315 $74,532 $379,654 $40,494 $11,745 $17,345 $545 Fines and Forfeitures $57,626 $8,170 $41,615 $4,528 $1,313 $1,939 $61 Interest Earnings and Rents $84,157 $14,746 $51,816 $13,372 $1,231 $2,839 $153 Other Revenues $43,145 $6,133 $31,241 $3,332 $966 $1,427 $45 Transfers in $65,236 $9,273 $47,237 $5,038 $1,461 $2,158 $68 TOTAL REVENUES $5,796,495 $1,015,697 $3,568,937 $921,048 $84,785 $195,521 $10,507 EXPENDITURES General Government $895,398 $124,911 $636,275 $90,283 $17,380 $25,712 $836 Community Development $717,013 $99,187 $505,239 $80,834 $12,504 $18,523 $726 Police Dept.$2,073,425 $285,982 $1,456,743 $237,738 $36,776 $54,478 $1,707 Library $355,534 $50,540 $257,440 $27,459 $7,964 $11,761 $370 Parks and Public Works $299,181 $42,415 $216,056 $23,507 $6,818 $10,068 $316 Transfers Out $939,181 $133,506 $680,055 $72,536 $21,039 $31,069 $977 TOTAL EXPENDITURES $5,279,731 $736,541 $3,751,809 $532,357 $102,482 $151,612 $4,932 TOTAL BUDGET NET (DEFICIT)/ SURPLUS $516,764 $279,157 ($182,872)$388,691 ($17,697)$43,910 $5,575 Detailed Fiscal Projections: Alternative B Note: figures may not exactly add due to rounding. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 50 Alternative C Total Single Family Multi-Family Commercial Industrial Office Institutional REVENUES Property Tax $2,741,725 $558,345 $1,696,003 $391,559 $29,284 $60,067 $6,467 Property Tax in lieu of VLF $734,198 $149,517 $454,167 $104,854 $7,842 $16,085 $1,732 Sales Tax $963,242 $162,463 $434,192 $290,125 $11,293 $64,645 $524 Franchise Fees $354,403 $48,013 $266,556 $23,001 $6,671 $9,852 $310 Transient Occupancy Tax $0 $0 $0 $0 $0 $0 $0 Other taxes $201,814 $27,341 $151,790 $13,098 $3,799 $5,610 $176 Licenses and Permits $487,603 $66,059 $366,739 $31,646 $9,179 $13,555 $426 Intergovernmental $164,088 $25,045 $139,043 $0 $0 $0 $0 Town Services $623,943 $84,529 $469,284 $40,494 $11,745 $17,345 $545 Fines and Forfeitures $68,546 $9,266 $51,440 $4,528 $1,313 $1,939 $61 Interest Earnings and Rents $95,298 $16,914 $60,789 $13,372 $1,231 $2,839 $153 Other Revenues $51,343 $6,956 $38,616 $3,332 $966 $1,427 $45 Transfers in $77,632 $10,517 $58,389 $5,038 $1,461 $2,158 $68 TOTAL REVENUES $6,563,834 $1,164,965 $4,187,009 $921,048 $87,785 $195,521 $10,507 EXPENDITURES General Government $1,062,367 $141,666 $786,490 $90,283 $17,380 $25,712 $836 Community Development $849,596 $112,491 $624,518 $80,834 $12,504 $18,523 $726 Police Dept.$2,455,699 $324,342 $1,800,658 $237,738 $36,776 $54,478 $1,707 Library $423,091 $57,319 $318,218 $27,459 $7,964 $11,761 $370 Parks and Public Works $355,878 $48,105 $267,064 $23,507 $6,818 $10,068 $316 Transfers Out $1,117,639 $151,413 $840,606 $72,536 $21,039 $31,069 $977 TOTAL EXPENDITURES $6,264,270 $835,336 $4,637,553 $532,357 $102,482 $151,612 $4,932 TOTAL BUDGET NET (DEFICIT)/ SURPLUS $299,565 $329,629 ($450,544)$388,691 ($17,697)$43,910 $5,575 Detailed Fiscal Projections: Alternative C Note: figures may not exactly add due to rounding. December 2019 51 Alternative D Total Single Family Multi-Family Commercial Industrial Office Institutional REVENUES Property Tax $3,419,046 $744,996 $2,186,673 $391,559 $29,284 $60,067 $6,467 Property Tax in lieu of VLF $915,576 $199,500 $585,563 $104,854 $7,842 $16,085 $1,732 Sales Tax $1,178,463 $213,283 $598,593 $290,125 $11,293 $64,645 $524 Franchise Fees $477,885 $75,883 $362,169 $23,001 $6,671 $9,852 $310 Transient Occupancy Tax $0 $0 $0 $0 $0 $0 $0 Other taxes $272,131 $43,211 $206,236 $13,098 $3,799 $5,610 $176 Licenses and Permits $657,495 $104,403 $498,287 $31,646 $9,179 $13,555 $426 Intergovernmental $228,500 $39,583 $188,917 $0 $0 $0 $0 Town Services $841,339 $133,595 $637,614 $40,494 $11,745 $17,345 $545 Fines and Forfeitures $92,376 $14,644 $69,891 $4,528 $1,313 $1,939 $61 Interest Earnings and Rents $121,642 $23,534 $80,524 $13,372 $1,231 $2,839 $153 Other Revenues $69,232 $10,993 $52,468 $3,332 $966 $1,427 $45 Transfers in $104,680 $16,622 $79,333 $5,038 $1,461 $2,158 $68 TOTAL REVENUES $8,378,365 $1,620,237 $5,546,267 $921,048 $84,785 $195,521 $10,507 EXPENDITURES General Government $1,426,709 $223,897 $1,068,600 $90,283 $17,380 $25,712 $836 Community Development $1,138,904 $177,787 $848,529 $80,834 $12,504 $18,523 $726 Police Dept.$3,289,855 $512,610 $2,446,546 $237,738 $36,776 $54,478 $1,707 Library $570,505 $90,590 $432,361 $27,459 $7,964 $11,761 $370 Parks and Public Works $479,596 $76,028 $362,859 $23,507 $6,818 $10,068 $316 Transfers Out $1,507,050 $239,303 $1,142,128 $72,536 $21,039 $31,069 $977 TOTAL EXPENDITURES $8,412,619 $1,320,214 $6,301,023 $532,357 $102,482 $151,612 $4,932 TOTAL BUDGET NET (DEFICIT)/ SURPLUS ($34,253)$300,023 ($754,755)$388,691 ($17,697)$43,910 $5,575 Detailed Fiscal Projections: Alternative D Note: figures may not exactly add due to rounding. Town of Los Gatos General Plan 2040 | Land Use Alternatives Report 52 December 2019 53 2019 December •December 12, 2019: GPAC Meeting #9 Review of the Land Use Alternatives Report working toward a recommendation of a Preferred Land Use Alternative to Planning Commission and Town Council. •December 19, 2019: GPAC Meeting #10 Continuation of the review of the Land Use Alternatives Report working toward a recommendation of a Preferred Land Use Alternative to Planning Commission and Town Council, if needed. (Tentative) 2020 January •Mid January 2020 (TBD): Community Workshop: Land Use Alternatives and Land Use Alternatives Report •January 30, 2020: GPAC Meeting #11 Recommendation to Planning Commission and Town Council of a Preferred Land Use Alternative (the staff report for this meeting will include a summary of the Community Workshop) February •Planning Commission Hearing on the GPAC Recommendation of a Preferred Land Use Alternative and Recommendation to Town Council(date TBD) •February 20, 2020: GPAC Meeting #12 Review and Discussion of Working Draft of Updated General Plan Elements (one or more Elements per meeting) March •March 5, 2020: GPAC Meeting #13 Review and Discussion of Working Draft of Updated General Plan Elements (one or more Elements per meeting) •Town Council Hearing to Select a Preferred Land Use Alternative (date TBD) •March 19, 2020: GPAC Meeting #14 Review and Discussion of Working Draft of Updated General Plan Elements (one or more Elements per meeting) April •April 2, 2020: GPAC Meeting #15 Review and Discussion of Working Draft of General Plan Elements (one or more Elements per meeting) •April 16, 2020: GPAC Meeting #16 Review and Discussion of Working Draft of General Plan Elements (one or more Elements per meeting) •April 19, 2020: Spring into Green Pop-Up Booth (topic TBD) ATTACHMENT 2 May • May 7, 2020: GPAC Meeting #17 Review and Discussion of Working Draft of General Plan Elements (one or more Elements per meeting) • May 21, 2020: GPAC Meeting #18 Review and Discussion of Working Draft of General Plan Elements (one or more Elements per meeting) June • June 18, 2020: GPAC Meeting #19 Review and Discussion of Working Draft of General Plan Elements (one or more Elements per meeting) July • Consultants’ complete Preliminary Draft General Plan • July 2, 2020: GPAC Meeting #20 GPAC Review and Discussion of Preliminary Draft General Plan working toward a recommendation to Planning Commission and Town Council. • July 16, 2020: GPAC Meeting #21 GPAC Recommendation of Preliminary Draft General Plan to Planning Commission and Town Council, if needed. (Tentative) • Consultants prepare Administrative Draft Environmental Impact Report. (Town staff, Planning Commission, and Town Council will be responsible for reviewing the EIR) August • Public Review Draft General Plan Available • Public Draft Environmental Impact Report Available • Community Workshop: Release of Public Review Draft General Plan and Environmental Impact Report (date TBD) September • Consultants prepare Final Environmental Impact Report October • Final Environmental Impact Report Available November • Planning Commission Hearing on Final Environmental Impact Report and Draft General Plan (date TBD) • Town Council Hearing to Consider Adoption of General Plan and Certification of Final Environmental Impact Report (date TBD) December • Final General Plan Released (date TBD) To: City Managers/County Administrators, Community Development and Planning Directors From: Ken Kirkey, ABAG/MTC Planning Director CC: ABAG Executive Board and ABAG Regional Planning Committee Date: August 12, 2019 RE: Recent Changes to Housing Element Law ABAG will be embarking on the Regional Housing Need Allocation (RHNA) process for the sixth cycle in Fall 2019. After ABAG completes the process to allocate a portion of the region’s housing need to each city and county, local governments are required to update the Housing Element of their General Plans (with an expected Housing Element due date of December 2022). While this deadline is several years away, recent legislation has made significant changes to Housing Element Law—particularly the requirements for selecting sites to accommodate housing need—that will necessitate substantial additional work by local governments. The new rules are summarized in the attached file. See Government Code Sections 65583 and 65583.2 for details. ABAG/MTC staff is encouraging jurisdictions to consider using the SB2 Planning Funds currently available from the California Department of Housing and Community Development (HCD) to address these new requirements. To help local jurisdictions gain a better understanding of the new requirements, ABAG/MTC staff has conducted a preliminary analysis to demonstrate the potential impacts of these rules on the sites jurisdictions identified for the 2015-2023 Housing Element period. This transmittal includes an attachment with this preliminary analysis for all jurisdictions in the county. The analysis approximates the number of sites that could be subject to greater scrutiny based on size or existing use and whether or not sites can be recycled in the inventory without zoning changes. The analysis is subject to the limitations of the underlying data and is not intended to be definitive – local jurisdiction staff will be responsible for conducting a more fine-grained analysis of the sites to ensure consistency with state statutes. ABAG/MTC’s map and database of local jurisdiction Housing Element sites can be downloaded from http://opendata.mtc.ca.gov/datasets/bay-area-housing-opportunity-sites-inventory- 2007%E2%80%932023. If you have questions about the analysis completed by ABAG/MTC staff, please contact Ada Chan, Assistant Planner, at 415-820-7958 or achan@bayareametro.gov. Since HCD is responsible for approving local Housing Elements, please contact them directly at 916-263-2911 if you have questions about how to ensure compliance with these statutory requirements. KK: GA C:\Users\gadams\Box\#IRPP - Housing Team Share\SB2\Latest Site Inventories\Site Inventory Memo 080819.docx Attachments Overview of Recent Changes to Housing Element Law RHNA Site Analysis Spreadsheet for Jurisdictions (Organized by County) ATTACHMENT 3 Compiled by ABAG/MTC Staff, July 2019 Overview of Recent Changes to Housing Element Law Housing Element Site Inventory Reporting Requirements  Sites must be listed by Assessor Parcel Number (APN) and include the number of units that can be “realistically accommodated” on each site.  Parcels included in the inventory must have sufficient access to utilities, including “dry utilities.” The term “dry utilities” is not defined in the statute. Reuse of Sites Included in Previous Housing Elements State law limits jurisdictions’ ability to reuse the following types of sites used in previous Housing Elements to accommodate lower-income1 housing need if those sites have not been approved for housing: 1. A vacant site identified in two or more consecutive planning periods 2. A non-vacant site identified in one prior planning period Unless they meet the following criteria: 1. The site is or will be rezoned to the minimum lower-income household density for the jurisdiction within three years; and 2. The zoning allows for residential development by right if at least 20% of the units are affordable to lower-income households Use of Non-Vacant Sites in the Housing Element Site Inventory  According to HCD, underutilized sites (e.g., a vacant/abandoned use, a parking lot, a blighted site) are not considered to be vacant. Jurisdictions will have to provide evidence that the non-vacant site is suitable for lower-income development during the RHNA period.  If a jurisdiction uses non-vacant sites to accommodate 50% or more of its lower-income housing need, the jurisdiction must provide “substantial” evidence that the existing use on a non-vacant site that is identified for lower-income housing is likely to be discontinued during the planning period. Absent substantial evidence, the existing use is deemed an impediment to additional residential development.  If a site was subject to affordability agreements for lower-income households, subject to a rent control policy, or had housing units occupied by a lower-income resident within the past five years, the jurisdiction must require replacement of that housing at the same or lower income level. Use of Small and Large Sites in the Housing Element Site Inventory  Sites smaller than 1/2 acre and those larger than 10 acres are deemed inadequate to accommodate lower-income housing need unless the jurisdiction provides examples of lower-income development on equivalent sites (equivalent number of units at an equivalent affordability level on a site of equivalent size) or other evidence for why the site is appropriate. Compiled by ABAG/MTC Staff, July 2019 Other Significant Changes to Housing Element Law  The Housing Element must affirmatively further fair housing opportunities and include a program that establishes goals and actions to do so [GC §65583(c)(9)]. It is expected that HCD will provide additional guidance on this topic, but materials are not yet available.  A jurisdiction must make “no net loss” findings if it approves a project on a Housing Element site that has fewer units OR a different income category compared to what was shown in the Housing Element [GC §65863].  The analysis of governmental constraints to housing must evaluate any local ordinances that directly impact the cost and supply of residential development (e.g. inclusionary ordinance and short-term rental ordinance) [GC §65583(a)(5)].  The analysis of nongovernmental constraints must evaluate developer actions related to a project that hinder housing development and must demonstrate local efforts to remove nongovernmental constraints that create a gap between planning for and construction of housing [GC §65583(a) (6)].  The Housing Element must describe the typical length of time between project approval and request for a building permit. It must also analyze requests to develop at densities below the density identified in the site inventory [GC 65583(a)(6)].  The Housing Element must include a program to mitigate non-governmental constraints (e.g. NIMBYism, economic conditions, jobs/housing imbalance, labor shortage, effects of wildfire/flood, etc.) [GC 65583(c)(3)].  When describing environmental constraints, the Housing Element should include the jurisdiction’s mitigation measures, if any. [GC 65583.2(b)(4)]  The shortfall rezone requirement has changed from by-right for all owner and rental multifamily projects to only those owner and rental multifamily projects that include 20% or more units that are affordable to lower-income households [GC 65583.2(h)].  The jurisdiction must demonstrate that it has a policy/procedure to accommodate supportive housing pursuant to AB 2162 [GC 65651]. This is in addition to the SB 2 requirements for supportive housing. SummaryCreditsAssociation of Bay Area Governments, 2015Field Name Field DescriptionValue Value Descriptionrhna_cycle Identifies the RHNA cycle in which the site was included.rhnayears Indicates the years included in the RHNA cycle.6001 Alameda County6013 Contra Costa County6041 Marin County6055 Napa County6075 San Francisco (City & County)6081 San Mateo County6085 Santa Clara County6095 Solano County6097 Sonoma CountySanta Clara Housing Site Inventory Analysis - June 2019ABAG/MTC staff is providing this preliminary analysis to jurisdictions to demonstrate the potential impacts of legislation from the 2017 Housing Package (AB 1397 and AB 879) that affect the Housing Element site inventory. These bills require jurisdictions to provide additional analysis for some sites and limit the use of certain sites for meeting the lower-income housing need. This analysis is intended to give jurisdiction staff an idea of how many of the sites identified during the previous Regional Housing Need Allocation (RHNA) process (2015-2023) might be subject to greater scrutiny or limitations. The analysis is not intended to be definitive -- jurisdiction staff will be responsible for conducting a more fine-grained analysis of the sites to ensure consistency with state statutes.The housing sites inventory analysis draws on the Housing Element sites identified by local jurisdictions to accommodate housing allocated to them as part of the 2007-2014 and 2015-2023 RHNA processes. The parcel list was compiled by ABAG from the housing opportunity sites inventories prepared by each of the Bay Area's 101 cities and nine counties as part of their housing elements. ABAG/MTC’s map and database of local jurisdiction Housing Element sites can be downloaded from: http://opendata.mtc.ca.gov/datasets/bay-area-housing-opportunity-sites-inventory-2007%E2%80%932023.Please note: Following the adoption of the RHNA, each jurisdiction is required to update its housing element to identify sites adequate to produce the number of units allocated to it. Although jurisdictions have identified these sites as potential locations for the development of new housing, it does not mean that development is either imminent or will ever occur at these locations. In addition, all projects proposed for these sites are subject to the full notification and review process followed by the jurisdiction where they are located.county Federal Information Processing Standards code for county. First number designates the state and the following three designate the county. jurisdiction Name of city/town or county (for unincorporated areas) where housing opportunity site is locatedABAG_apn Assessor Parcel Number for the site as listed in ABAG parcel feature setslocal_apn Assessor Parcel Number as indicated by the jurisdictiongeneral_plan_designation General plan designation of the site. General plan land use categories provide the most broad description of allowed uses and density of development for an area.zoning Zoning category of the site. Zoning is most specific regulation of use and density allowed for an area.ABAG_acres Parcel/site size in gross acres (calculated by ABAG). Area calculated in ArcGIS 10.1 using NAD 1983 UTM Zone 10 projection.jurisdiction_acres Acreage of the site as provided by the jurisdiction.Unknown whether acres are gross or net as jurisdictions default to different designations.current_units Number of housing units that currently exist on the siteallowed_density The density of housing units allowed on the site (as designated by local general plan and zoning categories) as units per acre.Unknown whether acres are gross or net as jurisdictions default to different designations.allowed_density_low If allowable density was provided as a range, this is the low-end of the rangeallowed_density_high If allowable density was provided as a range, this is the high-end of the range.If allowable density was provided as a single number, that number was assumed to be the high-end of the range.realistic_capacity Realistic capacity, as determined by the jurisdiction, for the number of housing units that could potentially be built on the site EL Affordable for extremely-low income households (making up to 30% of Area Median Income). Optional category for reporting housing production, but not part of Regional Housing Needs Assessment requirements or tracking.VL Affordable for very-low income households (making between 0%-50% of Area Median Income)LAffordable for low income households (making between 50%-80% of Area Median Income)M Affordable for moderate income households (making between 80%-120% of Area Median Income)AM Affordable for above-moderate income households (making over 120% of Area Median Income)BMR Below market rate housing pricingMR Market rate housing pricingaff_verylow Identifies if the jurisdiction designated the site should contain housing affordable to very-low income households (making between 0%-50% of Area Median Income).Since the extremely-low income housing unit category is not part of the Regional Housing Need Assessment process, units identified for this affordability level are included in the very-low income category.Column created by ABAG using desafford value(s) to allow easier selection of sites according to affordability levels.designated_affordability Level(s) of affordability designated by jurisdiction for units to be built on site. For a subset of records, the number of expected units for each affordability level is also included. aff_low Identifies if the jurisdiction designated the site should contain housing affordable to low income households (making between 50%-80% of Area Median Income).Column created by ABAG using desafford value(s) to allow easier selection of sites according to affordability levels.aff_moderate Identifies if the jurisdiction designated the site should contain housing affordable to moderate income households (making between 80%-120% of Area Median Income).Column created by ABAG using desafford value(s) to allow easier selection of sites according to affordability levels.aff_abovemoderate Identifies if the jurisdiction designated the site should contain housing affordable to above-moderate income households (making over 120% of Area Median Income).Column created by ABAG using desafford value(s) to allow easier selection of sites according to affordability levels. units_verylow Number of housing units affordable to very-low income households (making between 0%-50% of Area Median Income) the jurisdiction designated for the site.Since the allocation of extremely-low income housing units is not part of the Regional Housing Need Assessment process, units identified for this affordability level are included in the very low income category.Where the number of expected units could go to two or more income categories (i.e. 14 VL/L/M), the number is evenly divided between the categories that are included in the total. Since fractions of a housing unit cannot be built, one is the smallest number of units entered (i.e. if an entry was 1 M/AM, a one would be entered in each column). If a number larger than one has a fraction, the number entered in each column is rounded either up or down, depending on the size of the fraction.Column created by ABAG using desafford value(s).units_low Number of housing units affordable to low income households (making between 50%-80% of Area Median Income) the jurisdiction designated for the site.Where the number of expected units could go to two or more income categories (i.e. 14 VL/L/M), the number is evenly divided between the categories that are included in the total. Since fractions of a housing unit cannot be built, one is the smallest number of units entered (i.e. if an entry was 1 M/AM, a one would be entered in each column). If a number larger than one has a fraction, the number entered in each column is rounded either up or down, depending on the size of the fraction.Column created by ABAG using desafford value(s). units_moderate Number of housing units affordable to moderate income households (making between 80%-120% of Area Median Income) the jurisdiction designated for the site.Where the number of expected units could go to two or more income categories (i.e. 14 VL/L/M), the number is evenly divided between the categories that are included in the total. Since fractions of a housing unit cannot be built, one is the smallest number of units entered (i.e. if an entry was 1 M/AM, a one would be entered in each column). If a number larger than one has a fraction, the number entered in each column is rounded either up or down, depending on the size of the fraction.Column created by ABAG using desafford value(s).units_abovemoderate Number of housing units affordable to above-moderate income households (making over 120% of Area Median Income) the jurisdiction designated for the site.Where the number of expected units could go to two or more income categories (i.e. 14 VL/L/M), the number is evenly divided between the categories that are included in the total. Since fractions of a housing unit cannot be built, one is the smallest number of units entered (i.e. if an entry was 1 M/AM, a one would be entered in each column). If a number larger than one has a fraction, the number entered in each column is rounded either up or down, depending on the size of the fraction.Column created by ABAG using desafford value(s).infrastructure_capacityDesignates (Y/N) whether the jurisdiction has the infrastructure capacity to develop the sitesite_constraints Constraints, identified by the jurisdiction, that could impact development on the site. ApprovedDenotes there is a project approved for the siteUnderutilizedDenotes that the site has greater capacity than current uses allowUnderusedDenotes that the site has greater capacity than current uses allowBuilt Denotes that a project has been built on the siteInfill The site is in an area that has been previously built on and within the urban growth boundaryOpen SpaceThe site is in designated open spaceVacant Denotes that the site is vacantUnder ConsiderationThe site is under consideration as a housing opportunity siteProposed The site is under consideration as a housing opportunity sitePlanned There is a project either planned for the site or the site will be included in the plan and is not currently in itNon- The site is not vacantEntitled A project has completed the preliminary permitting and plan approval work for a project that has been approved by the jurisdictionsite_type Identifies the status of the site pda Designates whether the housing opportunity site is located in a Priority Development Area (PDA).Sites were determined to be in a PDA if a spatial selection query found the parcel centroid to be inside a PDA boundary. The PDAs used for the selection query were those adopted on July 18, 2013 by the executive boards of the Association of Bay Area Governments and the Metropolitan Transportation Commission as part of Plan Bay Area.bundled_parcels Identifies whether the housing opportunity site is located on multiple parcels (bundled). If cell is blank, then the site is on a single parcel.The main parcel containing the values for all the bundled parcels (for example, affordability levels are only noted in the record for the main parcel, not distributed throughout the bundle) is identified in this column.existing_use Use(s) that currently exist on the site.jurisdiction_notes Comments regarding the housing opportunity site provided by the jurisdictionSmall Site Idenitifies if the site is less than 0.5 acres. Calculated by ABAG.Large Sites Idenitifies if the site is larger than 10 acres. Calculated by ABAG.Non-Vacant Identifies if the site is non-vacant. Calculated by ABAG.In RHNA 4 & 5 Identifies if the site has been used in both RHNA 4 and RHNA 5. Calculated by ABAG.Can Be Recycled Identifies if the site can be reused for lower-income housing without changes for upcoming RHNA cycle. Calculated by ABAG.Number of RHNA Appearances Indicates number of times the site has been used in 4th and 5th RHNA cycles. CityDescriptionDefault DensityThe default density provides a streamlined option for local governments to meet the density requirement for lower income households and is based on a jursidiction's population.Lower-Income RHNA (2015-2023)Sum of Very Low and Low RHNA allocationTotal RHNA (2015-2023)Total RHNA allocation for 2015-2023 cycleWill non-vacant sites face increased scrutinyPercent of lower income RHNA met by units on vacant sitesSites UnitsVacant - Total399Vacant - Lower Income 00Non-Vacant33696Non-Vacant - Lower Income6696Total36795Total - Lower Income6696Small (<0.5 acres)00Large (>10 acres)1270Can be used again with no changes00Must be upzoned to default density & by right if 20% affordable30 99Requires greater than 50% upzone change to default density & by right if 20% affordable30 99Already zoned to the default density and must be by right if 20% affordable6 696This table summarizes the potential impacts of AB 1397 and AB 879 on a local jurisdiction's existing Housing Element site inventory. It is a preliminary analysis provided by ABAG/MTC staff. The analysis is not intended to be definitive -- jurisdiction staff will be responsible for conducting a more fine-grained analysis of the sites to ensure consistency with state statutes.Los Gatos20313Yes619Non-Vacant Sites ThresholdNon-vacant sites in the inventory will need evidence of development potential. If a jurisdiction relies on non-vacant sites to accommodate 50% or more of its housing need for lower-income households, the sites will be presumed unlikely to be developed without substantial evidence that the existing use is likely to be discontinued during the planning period. 0%Identified sites and units for RHNA 5 from jurisdiction's Housing Element.Small and Large Sites Facing Increased Scrutiny (Lower Income)Small and large sites are deemed inadequate for lower-income housing need unless the jurisdiction provides examples of lower-income development on equivalent sites or other evidence for why the site is appropriate.Reusing Sites Used in Previous Housing ElementsIf a vacant site was identified in two or more consecutive planning periods or if a non-vacant site was identified in a prior housing element and the site was not approved for housing development, the site cannot be used to fulfill the jurisdiction's obligation to accommodate lower-income housing need unless: the site is or will be rezoned to the jurisdiction's default density and the zoning allows for residential development by right if at least twenty percent (20%) of the units are affordable to lower-income households.Note: The definition of vacant might change which may result in more sites facing scrutiny. Content from https://missingmiddlehousing.com/about What is Missing Middle Housing? Opticos Design founder Daniel Parolek inspired a new movement for housing choice in 2010 when he coined the term “Missing Middle Housing,” a transformative concept that highlights a time-proven and beloved way to provide more housing and more housing choices in sustainable, walkable places. Missing Middle Housing: House-scale buildings with multiple units in walkable neighborhoods These building types, such as duplexes, fourplexes and bungalow courts, provide diverse housing options to support walkable communities, locally-serving retail, and public transportation options. We call them “Missing” because they have typically been illegal to build since the mid-1940s and “Middle” because they sit in the middle of a spectrum between detached single-family homes and mid-rise to high-rise apartment buildings, in terms of form and scale, as well as number of units and often, affordability. Missing Middle Housing is primarily about the form and scale of these buildings, designed to provide more housing choices in low-rise walkable neighborhoods, although it also tends to be more affordable than other new housing products currently being built. ATTACHMENT 4 And while they are “missing” from our new building stock, these types of buildings from the 1920s and 30s are beloved by many who have lived in them. Ask around, and your aunt may have fond memories of living in a fourplex as a child, or you might remember visiting your grandmother as she grew old in a duplex with neighbors nearby to help her out. And today, young couples, teachers, single, professional women and baby boomers are among those looking for ways to live in a walkable neighborhood, but without the cost and maintenance burden of a detached single-family home. Missing Middle Housing helps solve the mismatch between the available U.S. housing stock and shifting demographics combined with the growing demand for walkability. We need a greater mix of housing types to meet differing income and generational needs. This is where Missing Middle Housing can change the conversation.” — Debra Bassert, National Association of Home Builders Opticos Design is driving a radical paradigm shift, urging cities, elected officials, urban planners, architects and builders to fundamentally rethink the way they design, locate, regulate, and develop homes. Americans want and need more diverse housing choices in walkable neighborhoods; homes that are attainable, sustainable, and beautifully designed. This website is designed to serve as a collective resource for elected officials, planners and developers seeking to implement Missing Middle projects. You will find clear definitions of the types of housing that are best for creating walkable neighborhoods, as well as information on the unifying characteristics of these building types. You’ll also find information on how to integrate Missing Middle Housing into existing neighborhoods, how to regulate these building types, and pin-point the market demographic that demands them. “If there’s one thing Americans love, it’s choices: what to eat, where to work, who to vote for. But when it comes where we live or how to get around, our choices can be limited. Many people of all ages would like to live in vibrant neighborhoods, downtowns, and Main Streets—places where jobs and shops lie within walking distance—but right now those places are in short supply. ‘Missing Middle’ Housing provides more housing choices. And when we have more choices, we create living, thriving neighborhoods for people and businesses. — Lynn Richards, President and CEO of the Congress for the New Urbanism What does the market want? Demand for Housing Choice A greater variety of household sizes and demographics require a greater variety of housing choices. Young, highly educated, technology-driven millennials desire mobile, walkable lifestyles. They are willing to exchange space for shorter commutes, mixed-use neighborhoods, and shared open spaces that foster community interaction. At the same time, baby boomers are working and living longer. They want to stay mobile and active in their later years, but they won’t drive forever and don’t want to be dependent on their family members to get around. They also want to find ways to stay in their community without having to care for a large home and yard. Multigenerational homes have increased by 17% since 1940, and that number continues to rise. The growing senior population, more families with multiple working parents, diverse family cultures, and an increased desire to live in intergenerational neighborhoods all contribute to the growing demand for multigenerational and even multi-family households. Affluent seniors seek to downsize from their large suburban homes to more convenient, easy-to-care-for townhouses, apartments, or condos, while others need quality, affordable housing that won’t break their limited budget. Many retirees would like to move close to, but not live with, their children and grandchildren. The growing demand for a walkable lifestyle has the potential to transform sprawling suburbs into walkable communities. 90% of available housing in the U.S. is located in a conventional neighborhood of single-family homes, adding up to a 35 million unit housing shortage. Source: Dr. Arthur C. Nelson, “Missing Middle: Demand and Benefits,” Utah Land Use Institute conference, October 21, 2014. Walkable and Accessible Amenities Up to 85% of households will be childless by 2025. “This country is in the middle of a structural shift toward a walkable urban way of living. After 60 years of almost exclusively building a drivable suburban way of life … the consumer is now demanding the other alternative,” wrote Christopher Leinberger in the New York Times article “Car-Free in America? Bottom Line: It’s Cheaper.” By 2020, 34% of all American households will consist of a single person, and many of these will be women, or older persons. By 2025, up to 85% of households will be childless as millennials choose to marry later and have fewer children and the number of empty nester households continues to grow. Housing trends show singles demand more amenities, and women and older persons who live alone generally seek housing options that offer better security. They also drive less, reducing the need for off-street parking in private garages or lots, and increasing the need for accessible public transportation. “The present economic research finds that business wants talent, but talent wants place—so more businesses are relocating to places. When drilled further the research finds Missing Middle Housing is the fastest growing preference because it has the ‘place’ quality talent seeks. Hence development of Missing Middle is now recognized as a housing AND economic development strategy.” — James Tischler, Michigan State Housing Development Authority According to the National Association of Realtors, walkability is fast becoming one of the most important factors in choosing where to live. People want of all ages want easy access to amenities such as stores, businesses, cultural center, and transit.Homebuyers are seeking locations within walking distance to shopping, cultural amenities, jobs, and open space and the value of homes in these types of neighborhoods has increased at a much faster pace than homes in driveable suburban neighborhoods. “In a scenario where two houses are nearly identical, the one with a five-foot-wide sidewalk and two street tress not only sells for up to $34,000 more, but it also sells in less time,” wrote J. Cortright, in CEOs for Cities’ Walking the Walk: How Walkability Raises Home Values in U.S. Cities. But, as the chart at the right shows, now you don’t have to live in a dense urban center to live a walkable lifestyle. Some 70% of upcoming, walkable places in Washington D.C. are quaint neighborhoods located outside of the urban core. 70% of walkable places in Washington D.C. are located outside the urban core. Variety of Transportation Accessibility to useful multimodal transit—public transportation, bike friendly streets, and car share—is needed by baby boomers and desired by millennials. But there is an economic argument, too. “American families who are car-dependent spent 25% of their household income on their fleet of cars, compared to just 9% for transportation for those who live in walkable urban places,” says Leinberger. Walkable neighborhoods are now a top priority for seniors, along with access to transportation, and connectivity. Source: What’s Next? Real Estate in the New Economy, Urban Land Institute, 2011; Transportation for America. The same is true for bike friendly cities. According to the Livable Street Alliance, as reported on the AARP Livability Fact Sheet, the average American household spends more than $8,000 a year on cars while the cost to maintain a bicycle is only about $300 per year. These savings, which could amount into the billions if trends were widely adopted, could be reinvested into transit-oriented development and infrastructure, education, and health care. Cities and property owners benefit from less car dependent zoning too. “An off- street parking space costs between $3,000 and $27,000 to build, and about $500 a year to maintain and manage. On-street parking is more efficient and can bring in as much as $300,000 per space in annual revenues,” writes Prof. Donald Shoup, in Instead of Free Parking. An increasing number of Americans spend close to 30% of their income on housing while transportation costs can consume an additional 20% or more of household income. Source: What’s Next? Real Estate in the New Economy, Urban Land Institute, 2011. Affordability Housing affordability is a primary concern for many Americans across the country ranging from blue-collar workers to early-career singles, young families and seniors. There is an increasing segment of the population that spends more than 30% of their income on housing, reducing their purchasing power for other amenities (Source: What’s Next? Real Estate in the New Economy, Urban Land Institute, 2011). Smaller homes and apartments cost less to rent or purchase and maintain, while urban neighborhoods provide services and amenities within walking distance as well as a variety of affordable transportation options. Cities and towns that want to retain or attract these household types need to focus on providing diverse, affordable housing options near jobs, schools, and other amenities within walkable communities. In addition, suburbs that want to retain their aging populations and attract newer, younger families, will need to create new, walkable urban environments and encourage the construction fo Missing Middle Housing through rezoning and by providing public transportation options. Sense of Community More and more, Americans say living in a diverse community that includes people at all stages of life is an important factor in determining where to live. Seniors want to live near family and friends, but not with them. Missing Middle building types allow people to stay in their community thoroughout their lives because of the variety of sizes available and an increased accessibility to services and amenities. Almost 49% of Americans are living in a multigenerational household. Source: Pew Research Center analysis of U.S. Decennial Census and American Community Surveys. According to Chris Leinberger in his article “The Next Slum?” for The Atlantic, elements that used to draw families into the suburbs—better schools and safer communities—are now becoming the norm in cities, while these elements could worsen in suburbs that are dependent on home values and new development. Housing market projections suggest that construction in the near future will accelerate only moderately for single-family housing but will greatly increase for multifamily housing (Source: Jordan Rappaport, “The Demographic Shift From Single-Family to Multifamily Housing,” Economic Review, Kansas City: Federal Reserve Bank of Kansas City, 2013). Implemented in both urban and rural contexts, Missing Middle Housing allows people to stay in their community during different stages of life because of the wide variety of sizes, housing levels, and accessibility it provides. What are the characteristics of Missing Middle Housing? Missing Middle Housing is not a new type of building. It is a range of building types that exist in cities and towns across the country and were a fundamental building block in pre-1940s neighborhoods. They are most likely present on some of your favorite city blocks—you may even have them in your own neighborhood. Combined together (and usually with detached single-family homes), Missing Middle building types help provide enough households within walking distance to support public transit and local businesses, and they are found within many of the most in-demand communities in places like Denver, Cincinnati, Austin and San Francisco. So what do Missing Middle building types have in common? Development patterns in walkable urban neighborhoods make walking and biking convenient and support robust public transit. (Bouldin Creek neighborhood in Austin, TX.) Walkable Context Missing Middle housing types are best located in a walkable context. Buyers and renters of these housing types are often trading space (housing and yard square footage) for place (proximity to services and amenities). Small-Footprint Buildings These housing types typically have small- to medium-sized footprints, with a body width, depth and height no larger than a detached single -family home. This allows a range of Missing Middle types—with varying densities but compatible forms—to be blended into a neighborhood, encouraging a mix of socioeconomic households and making these types a good tool for compatible infill. Missing Middle housing types generally have a similar size footprint to detached single-family homes. Lower Perceived Density Due to the small footprint of the building types and the fact that they are usually mixed with a variety of building types even on an individual block, the perceived density of these types is usually quite low—they do not look like dense buildings. But one of the primary benefits of Missing Middle Housing is that it helps provide the number of households needed for transit and neighborhood-serving local businesses to be viable (typically about 16 dwelling units per acre). “From the perspective of my work, Missing Middle Housing has a natural complement in MMP (missing middle plan), a.k.a. a ‘hybrid grid’ or as named it in my work, a Fused Grid … The Fused Grid proposes a set of neighborhood modular layouts (reminiscent of Savannah) that incorporate all the desirable elements—livability, safety, security, sociability, and delight—as do MMH buildings.” — Fanis Grammenos, Director of Urban Pattern Associates and author of “Remaking the City Street Grid – A Model for Urban and Suburban Development” Smaller, Well-Designed Units Most Missing Middle housing types have smaller units. The challenge is to create small spaces that are well designed, comfortable, and usable. The ultimate unit size will depend on the context, but smaller-sized units can help developers keep their costs down and attract a different market of buyers and renters who are not being provided for in all markets. One characteristic of Missing Middle Housing is smaller, well- designed units. Courtesy: The Cottage Company Fewer Off-street Parking Spaces Because they are built in walkable neighborhoods with proximity to transportation options and commercial amenities, Missing Middle housing types do not need the same amount of parking as suburban housing. We typically recommend no more than one parking spot per unit, and preferably less. In fact, requiring more than one parking space per unit can make Missing Middle Housing infeasible to build. For example, if your zoning code requires two parking spaces per unit, a fourplex would require eight parking spaces, which would never fit on a typical residential lot. In addition, providing that much off-street parking for each fourplex would create a neighborhood of small parking lots rather than the desired neighborhood of homes. Finally, requiring too much parking means that fewer households can fit in the same amount of land, lessening the viability of transit and local businesses. Simple Construction Missing Middle Housing is simply constructed (wood-frame/Type V), which makes it a very attractive alternative for developers to achieve good densities without the added financing challenges and risk of more complex construction types. This aspect can also increase affordability when units are sold or rented. As providing single family detached sub-$200,000 starter homes is becoming increasingly out of reach for builders across the country, Missing Middle Housing can provide an attractive and affordable alternative starter home. Creates Community Missing Middle Housing creates community through the integration of shared community spaces within the building type (e.g. bungalow court), or simply from being located within a vibrant neighborhood with places to eat, drink, and socialize. This is an important aspect in particular considering the growing market of single- person households (nearly 30% of all households) that want to be part of a community. Missing Middle housing types help to create walkable communities. Marketable Because of the increasing demand from baby boomers and millennials, as well as shifting household demographics, the market is demanding more vibrant, sustainable, walkable places to live. These Missing Middle housing types respond directly to this demand. In addition, the scale of these housing types makes them more attractive to many buyers who want to live in a walkable neighborhood, but may not want to live in a large condominium or apartment building. If there is land for beautifully-designed homes that fill a gap between stand-alone houses and mid-rise apartments, the smart thing to do is to fill it with housing types we’ve been missing in our market for so long.” — Heather Hood, Deputy Director, Northern California, Enterprise Community Partners How does Missing Middle Housing integrate into blocks? Missing Middle Housing types typically have a footprint not larger than a large detached single-family home, making it easy to integrate them into existing neighborhoods, and serve as a way for the neighborhood to transition to higher- density and main street contexts. There are a number of ways in which this can be accomplished: Distributed throughout a block Missing Middle Housing types are spread throughout the block and stand side- by-side with detached single-family homes. This blended pattern of detached single-family homes and Missing Middle Housing types, with densities up to 40 dwelling units per acre, works well because the forms of these types are never larger than a large house. “For us, mixing housing types is important in today’s market. Buyers want choices, the investors and lenders want more flexibility in the projects, and planning officials expect a more thoughtful integration into the existing neighborhoods. The mixing of product provides a diverse community, enhances value, and it helps create the type of place our buyers are looking for today.” — David Leazenby, Onyx+East Placed on the end-grain of a block Missing Middle Housing types are placed on the end-grain of a block with detached single-family homes, facing the primary street, which is often a slightly busier corridor than the streets to which the detached single-family homes are oriented. The most common condition is to have several fourplex units on the end grain lots facing the primary street. This configuration is usually located on the end grain of several continuous blocks adjacent to a neighborhood main street, which increases the blended density to achieve the 16 dwelling units/acre necessary to support small, locally-serving commercial and service amenities. This configuration allows for the use of slightly larger buildings because the Missing Middle housing types are not sitting next to detached single-family homes. In this block type, the alley to the rear of the lots also allows for a good transition in scale to the detached single-family home lots behind them. Often you will see a similar block configuration with one or two fourplexes on the corners of the end grain lots on the block. Transitioning to a commercial corridor Missing Middle Housing is excellent to transition from a neighborhood to a Main Street with commercial and mixed-use buildings. These types are generally more tolerant and better able to effectively mitigate any potential conflicts related to the proximity to commercial/retail buildings or parking lots behind commercial buildings. Transitioning to higher-density housing Smaller-scale Missing Middle Housing types are placed on a few of the lots that transition from the side street to the primary street, providing a transition in scale to the larger buildings on the end grain of the block along the primary street. What’s the best way to regulate Missing Middle Housing? Hint: Conventional Zoning Doesn’t Work Conventional (Euclidean) zoning practice regulates primarily by land use or allowed activities, dividing neighborhoods into single-family residential, multifamily residential, commercial, office, etc. This separation of uses is the antithesis of mixed-use walkable neighborhoods. Along with use, the zones are often defined and controlled by unpredictable numeric values, such as floor area ratio (FAR) and density, which create all sorts of barriers to Missing Middle Housing. For starters, Missing Middle Housing (MMH) is intended to be part of low-rise residential neighborhoods, which are typically zoned as “single-family residential” in conventional zoning. However, because MMH contains multiple units, it is, by definition, not allowed in single-family zones. On the other hand, most multifamily zones in conventional codes allow much bigger buildings (taller and wider) and also typically encourage lot aggregation and large suburban garden apartment buildings. The environments created by these zones are not what Missing Middle Housing is intended for. In addition, density-based zoning doesn’t work with the blended densities that are typical in neighborhoods where Missing Middle Housing thrives. MMH are similar in form and scale to detached single-family homes, but because they include more units, they often vary dramatically in their densities, making them impossible to regulate with a density-based system. For example, a bungalow court can have densities of up to 35 dwelling units per acre even though the buildings are only one story tall, because the size of each cottage is only 25 feet by 30 feet. So if a zoning district sets a maximum density of 20 dwelling units per acre, it would not allow the bungalow court type. On the other hand, if the zoning district has a maximum density of 35 dwelling units per acre with few or no additional form standards, every builder/developer will max out a lot with a large, out-of-scale apartment building, rather than building the bungalow court the neighborhood would prefer. And one more thing: density-based zoning treats all units the same regardless of size. This means that a 3,500-square-foot unit is considered the same as a 600- square-foot unit for calculations such as density, parking and open space, thus discouraging much-needed smaller units. For example, a fourplex with four 600sf units would require four times the parking and open space as a 2,400sf detached single-family home, even though the size of the building is the same, typically making the fourplex infeasible to fit on a typical lot. This Alameda, CA neighborhood has several Missing Middle housing types on each block. The Alternative: Form-Based Coding Form-Based Coding is a proven alternative to conventional zoning that effectively regulates Missing Middle Housing. Form-Based Codes (FBCs) remove barriers and incentivize Missing Middle Housing in appropriate locations in a community. FBCs represent a paradigm shift in the way that we regulate the built environment, using physical form rather than a separation of uses as the organizing principal, to create predictable, built results and a high-quality public realm. The Form-Based Approach to Regulating Missing Middle Housing Regulating Missing Middle Housing starts by defining a range of housing types appropriate for the community based on the community’s existing physical patterns, climate, and other considerations, as part of the early Community Character Analysis phase of a planning and Form-Based Coding project. A building types page from Cincinnati’s Form-Based Code Then for each form-based zone, a specific range of housing types is allowed based on the intention for the neighborhood. For example, in a walkable neighborhood, single-family-detached homes, bungalow courts, and side-by-side duplexes may be allowed, or in a slightly more urban walkable neighborhood, bungalow courts, side-by-side duplexes, stacked duplexes, fourplexes, and small multiplexes might be allowed. A zone from the Cincinnati’s Form-Based Code In addition for each type, there are typically supplemental form standards that are regulated to allow some of the individual aspects of certain MMH types while preventing overbuilding in terms of height and bulk. For example, a bungalow court type typically allows for more units, but has a maximum height of 1–1.5 stories, a maximum building footprint/unit size of around 800 square feet and a minimum size of courtyard. A Form-Based Code can regulate these fine-grained details, such that on a 100′ by 100′ lot, two fourplexes or a bungalow court with eight small, one-story units could be allowed, but not a single, larger eight-unit apartment building. For these reasons and more, Form-Based Coding is the most effective way to enable Missing Middle Housing. The small multiplex building type from Cincinnati’s Form-Based Code “I want to thank you for your great work on Missing Middle Housing! It has been useful in my current research on policy reforms to support more affordable infill development in Victoria, B.C., and informing my report ‘Affordable Accessible Housing in a Dynamic City.’” — Todd Litman, Victoria Transport Policy Institute For more information about Form-Based Codes, see: • Form-Based Codes: A Guide to Planners, Urban Designers, Municipalities, and Developers, by Daniel Parolek, Karen Parolek, and Paul C. Crawford • Form-Based Codes Institute Form-Based Codes with Building Types to Reference: • Cincinnati, OH (And read this blog post about the project) • Mesa, AZ (Article 6: Form-Based Code) • Livermore, CA Or find out about our Form-Based Coding services Illustration of the variety of places regulated by Flagstaff’s Form-Based Code ATTACHMENT 5 From: jeff bedolla <jpaulbedolla@yahoo.com> Sent: Thursday, August 22, 2019 4:34 PM To: Jennifer Armer <JArmer@losgatosca.gov> Subject: Re: General Plan Update Survey Hi Jennifer, I was jogging on the trail a little while ago and I thought of something to say. You said my comments would be put in the review process. That doesn't sound like a good answer to me, so I needed to protest. And my protest takes the form of a request for an explanation of why the question about multi-modal projects was put in such a way that viewpoints against multi-modal projects are not solicited. The question says 'how important', not what do you think of it. By protesting this way, I can get direct communication from someone. That goes to my criticism of your help so far. The review process you spoke of is a general catch-all for comments relating to the question as put. But my challenge goes back one level deeper in the policy formation process. The review process is built on the same assumption that the question itself is, so it is not the proper way of addressing my concerns. The Town can still go forward with multi- modal projects, but I want to be on record as having initiated public discussion. I feel that has been missing since multi-modal projects began. If I asked people, I'll bet a lot of them would say they don't like them. Good projects require good input. Jeff From: John Shepardson <shepardsonlaw@me.com> Sent: Tuesday, September 03, 2019 1:19 PM To: Steven Leonardis <SLeonardis@losgatosca.gov>; Marcia Jensen <MJensen@losgatosca.gov>; Marico Sayoc <MSayoc@losgatosca.gov>; BSpector <BSpector@losgatosca.gov>; Rob Rennie <RRennie@losgatosca.gov>; Laurel Prevetti <LPrevetti@losgatosca.gov> Subject: (Climate Change and General Plan) Group: Does the General Plan cite Climate Change as an urgent or emergency situation? If not, I do suggest that such language be included. 1. "The issue is not over science. All parties agree that fossil fuels have led to global warming and ocean rise and will continue to do so, and that eventually the navigable waters of the 2. United States will intrude upon Oakland and San Francisco.” (emphasis added) 3. https://apnews.com/365152873b564c178b99bb7f3eeff32b In Monday’s ruling, the judge said he accepted the “vast scientific consensus” that the combustion of fossil fuels has contributed to global warming and rising sea levels. (emphasis added) http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/case- documents/2018/20180323_docket-317-cv-06011_exhibit-1.pdf http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/case- documents/2018/20180323_docket-317-cv-06011_exhibit-2.pdf http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/case- documents/2018/20180323_docket-317-cv-06011_exhibit-3.pdf http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/case- documents/2018/20180323_docket-317-cv-06011_exhibit-4.pdf John Shepardson shepardsonlaw@me.com United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CITY OF OAKLAND, a Municipal Corporation, and THE PEOPLE OF THE STATE OF CALIFORNIA, acting by and through Oakland City Attorney BARBARA J. PARKER, Plaintiffs, v. BP P.L.C., a public limited company of England and Wales, CHEVRON CORPORATION, a Delaware corporation, CONOCOPHILLIPS, a Delaware corporation, EXXON MOBIL CORPORATION, a New Jersey corporation, ROYAL DUTCH SHELL PLC, a public limited company of England and Wales, and DOES 1 through 10, Defendants / AND RELATED CASE. / No. C 17-06011 WHA and No. C 17-06012 WHA ORDER GRANTING MOTION TO DISMISS AMENDED COMPLAINTS INTRODUCTION In these “global warming” actions asserting claims for public nuisance, defendants move to dismiss for failure to state a claim. For the following reasons, the motion is GRANTED. STATEMENT These actions arise out of a vital function of our atmosphere — its thermostat function — that is, keeping the temperature of our planet within a habitable range. The atmosphere hosts water vapor and certain trace gases without which heat at Earth’s surface would excessively radiate into space, leaving our planet too cold for life. One of those trace gases is carbon dioxide, Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 1 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Our case involves all greenhouse gases, including methane, but “[c]arbon dioxide is by far the most important greenhouse gas” (Amd. Compls. ¶ 74). 2 In 1859–1861, Tyndall discovered that the main gases in the atmosphere, nitrogen and oxygen, were transparent to infrared radiation but that carbon dioxide was opaque, meaning carbon dioxide absorbed infrared radiation. Tyndall recognized that carbon dioxide kept Earth warmer than would be the case without it. John Tyndall, On the Absorption and Radiation of Heat by Gases and Vapours, and on the Physical Connexion of Radiation, Absorption, and Conduction, 151 Phil. Trans. Royal Soc’y London 1 (1861). 2 a gas produced by, among other things, animal and human respiration, volcanoes and, more significantly here, combustion of fossil fuels like oil and natural gas. As heat radiates skyward, some of it passes close enough to molecules of carbon dioxide to be absorbed. These molecules then re-radiate the energy in all directions, including back toward Earth’s surface. The more carbon dioxide in the air, the more this absorption and re-radiation process warms the surface. It turns out that even trace amounts of carbon dioxide in the air suffice to warm the atmosphere.1 The science dates back 120 years. In 1896, building on the findings by Irish scientist (and mountaineer) John Tyndall that carbon dioxide absorbed heat (whereas oxygen and nitrogen did not), Swedish scientist Svante Arrhenius published calculations that connected increases in the air’s carbon dioxide with increased global temperatures. Arrhenius, however, had no concern over global warming. Rather, his focus remained solving the mystery of the ice ages and their causes (Amd. Compls. ¶ 76; Svante Arrhenius, On the Influence of Carbonic Acid in the Air Upon the Temperature of the Ground, 41 Phil. Mag. & J. Sci. 237 (1896)).2 In 1938, scientist Guy Stewart Callendar published graphs plotting the warming of Earth using temperature records from around the world. One graph showed a 0.07 Centigrade rise in the mean temperatures of the planet from 1910 to 1930, while another showed a six to eight-percent rise in carbon dioxide in the air over the same period. Given Tyndall’s earlier finding, Callendar concluded that one rise had caused the other, namely that more carbon dioxide had trapped more heat and caused the temperature to rise. Callendar, like Arrhenius, was not alarmed over the possibility of global warming. Guy S. Callendar, The Artificial Production of Carbon Dioxide and Its Influence on Temperature, 64 Q. J. Royal Meteorological Soc’y 223 (1938). Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 2 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 In 1957, oceanographer Roger Revelle and chemist Hans Suess published a critique of a then prevailing view that the oceans would absorb excessive airborne carbon dioxide and thus reduce the risk of an atmospheric buildup of carbon dioxide. Referring to the ongoing combustion of fossil fuels and release of carbon dioxide, they concluded: “[h]uman beings are now carrying out a large scale geophysical experiment of a kind that could not have happened in the past nor be reproduced in the future” (Amd. Compls. ¶ 77). Revelle later obtained funding to measure the buildup of carbon dioxide in the atmosphere, arranging for scientist Charles David Keeling to reside on Mauna Loa in Hawaii to measure and graph the real-time concentrations of carbon dioxide. This project produced the famous Keeling Curve, a graph that shows a steady rise in atmospheric carbon dioxide, year after year, like clockwork (id. ¶ 78; see also NOAA, EARTH SYSTEMS RESEARCH LABORATORY, GLOBAL MONITORING DIVISION, https://www.esrl.noaa.gov/gmd/ccgg/trends/full.html (last visited June 15, 2018)). From this brief history up to the Sixties, it would be wrong to conclude that scientists had sounded alarm bells for global warming. Arrhenius was more concerned with global cooling than warming. Revelle said a large-scale, one-time experiment was in progress, but he sounded no alarm bells at the time. But alarm bells over climate change eventually did sound. In 1988, the United Nations established the Intergovernmental Panel on Climate Change (“IPCC”). Its main objective was to prepare — based on the best available scientific information — periodic assessments regarding all aspects of climate change, with a view of formulating realistic response strategies. The IPCC had three working groups: Working Group I assessed the scientific aspects of climate change, Working Group II assessed the vulnerability and adaptation of socioeconomic and natural systems to climate change, and Working Group III assessed the mitigation options for limiting greenhouse gas emissions (Amd. Compls. ¶¶ 82–86). The IPCC completed its first assessment report in 1990. The report made a persuasive case for anthropogenic interference with the climate system, and each subsequent report (about five to six years apart) incorporated advancements in measurements, observations, and modeling Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 3 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 The IPCC anticipates the release of a special report in October 2018 and the sixth assessment report in 2021. 4 — and each presented a more precise picture of how our climate has changed, and what has changed it. The fifth assessment report, released in 2013, was abundantly clear: Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades and millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, sea level has risen, and the concentrations of greenhouse gases have increased. The report was also clear as to the cause, stating that it was “extremely likely” that “human influence has been the dominant cause of the observed warming since the mid-20th century” (ibid.).3 The science acknowledges that causes beyond the burning of fossil fuels are also at work. Deforestation has been and remains a significant contributor to the rise in carbon dioxide. Others include volcanoes and wildfires in greater numbers. Nevertheless, even acknowledging these other contributions, climate scientists are in vast consensus that the combustion of fossil fuels has, in and of itself, materially increased carbon dioxide levels, which in turn has materially increased the median temperature of the planet, which in turn has accelerated ice melt and raised (and continues to raise) the sea level. In sum, in the last 120 years, the amount of carbon dioxide (and methane) in the air has increased, with most of the increase having come in recent decades. During that time, the median temperature of Earth has increased 1.8 degrees Fahrenheit. Glaciers around the world have been shrinking. Ice sheets over Greenland and Antarctica have been melting. The sea level has risen by about seven centimeters since 1993 (about seven to eight inches since 1900). As our globe warms and the seas rise, coastal lands in Oakland and San Francisco will, without erection of seawalls and other infrastructure, eventually become submerged by the navigable waters of the United States (id. ¶¶ 86–90, 124–36). Defendants Chevron Corporation, Exxon Mobil Corporation, BP p.l.c., Royal Dutch Shell plc, and ConocoPhillips are the five largest investor-owned (as opposed to state-owned) producers of fossil fuels in the world, as measured by the greenhouse gas emissions allegedly generated from the use of the fossil fuels they have produced. They are the first (Chevron), Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 4 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 All docket numbers herein refer to the docket in Case No. 17-cv-06011-WHA. 5 second (Exxon), fourth (BP), sixth (Shell) and ninth (ConocoPhillips) largest cumulative producers of fossil fuels worldwide and are collectively responsible for over eleven percent of all carbon dioxide and methane pollution that has accumulated in the atmosphere since the Industrial Revolution (id. ¶ 94). Defendants have allegedly long known the threat fossil fuels pose to the global climate. Nonetheless, they continued to extract and produce them in massive amounts while engaging in widespread advertising and communications campaigns meant to promote the sale of fossil fuels. These campaigns portrayed fossil fuels as environmentally responsible and essential to human well-being and downplayed the risks of global warming by emphasizing the uncertainties of climate science or attacking the credibility of climate scientists (id. ¶¶ 95–123). In September 2017, Oakland and San Francisco commenced these actions in state court. The original complaints each asserted a single claim for public nuisance under California law. After defendants removed the actions to this district, an order dated February 27, 2018, denied plaintiffs’ motions to remand (Dkt. Nos. 1, 134).4 Given the international scope of plaintiffs’ claims and that the very instrumentality of the anticipated coastal flooding is uniquely federal — namely, the navigable waters of the United States — one threshold issue presented by these cases was whether federal common law should govern (rather than state law). The February 27 order concluded: Plaintiffs’ claims for public nuisance, though pled as state-law claims, depend on a global complex of geophysical cause and effect involving all nations of the planet (and the oceans and atmosphere). It necessarily involves the relationships between the United States and all other nations. It demands to be governed by as universal a rule of apportioning responsibility as is available. This order does not address whether (or not) plaintiffs have stated claims for relief. But plaintiffs’ claims, if any, are governed by federal common law. Federal jurisdiction is therefore proper. Plaintiffs have since amended their complaints to plead a separate claim for public nuisance under federal common law. The amended complaints also substituted defendant ConocoPhillips for its subsidiary, ConocoPhillips Company, and added the City of Oakland and the City and County of San Francisco as plaintiffs to the federal nuisance claims, among other Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 5 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 At the Court’s invitation, the United States submitted an amicus brief on the question of whether or not (and the extent to which) federal common law affords the relief requested by plaintiffs. The Attorneys General of eighteen States also submitted amicus briefs (Dkt. Nos. 224, 236, 245). 6 additions. On March 21, to standing room only, counsel and their experts conducted a science tutorial for the undersigned judge. Defendants now move to dismiss the amended complaints for failure to state a claim (Dkt. Nos. 174, 199, 225). This order follows full briefing, oral argument, and supplemental briefing.5 ANALYSIS The issue is not over science. All parties agree that fossil fuels have led to global warming and ocean rise and will continue to do so, and that eventually the navigable waters of the United States will intrude upon Oakland and San Francisco. The issue is a legal one — whether these producers of fossil fuels should pay for anticipated harm that will eventually flow from a rise in sea level. The sole claim for relief is for “public nuisance,” a claim governed by federal common law. The specific nuisance is global-warming induced sea level rise. Plaintiffs’ theory, to repeat, is that defendants’ sale of fossil fuels leads to their eventual combustion, which leads to more carbon dioxide in the atmosphere, which leads to more global warming and consequent ocean rise. The scope of plaintiffs’ theory is breathtaking. It would reach the sale of fossil fuels anywhere in the world, including all past and otherwise lawful sales, where the seller knew that the combustion of fossil fuels contributed to the phenomenon of global warming. While these actions are brought against the first, second, fourth, sixth and ninth largest producers of fossil fuels, anyone who supplied fossil fuels with knowledge of the problem would be liable. At one point, counsel seemed to limit liability to those who had promoted allegedly phony science to deny climate change. But at oral argument, plaintiffs’ counsel clarified that any such promotion remained merely a “plus factor.” Their theory rests on the sweeping proposition that otherwise Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 6 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 This clarification seems to have been aimed at avoiding the Noerr-Pennington doctrine and other free speech issues inherent in predicating liability on publications designed to influence public policy. See E. R. R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961); United Mine Workers v. Pennington, 381 U.S. 657 (1965). 7 Although plaintiffs analogize these actions to earlier lawsuits against “Big Tobacco,” only one court has ever sustained a public nuisance theory against a tobacco company. Evans v. Lorillard Tobacco Co., No. 04-2840A, 2007 WL 796175 (Mass. Super. Ct. Feb. 7, 2007). Every other court to reach the issue, however, has rejected a public nuisance theory. See, e.g., Allegheny Gen. Hosp. v. Phillip Morris, 228 F.3d 429, 446 (3d Cir. 2000); Texas v. Am. Tobacco Co., 14 F. Supp. 2d 956, 972–73 (E.D. Tex. 1997). 7 lawful and everyday sales of fossil fuels, combined with an awareness that greenhouse gas emissions lead to increased global temperatures, constitute a public nuisance.6 A public nuisance under federal common law, both sides agree, is an “unreasonable interference with a right common to the general public,” as set forth in the Restatement (Second) of Torts § 821B(1) (1979). Putting aside momentarily the important issue of displacement, a successful public nuisance claim therefore requires proof that a defendant’s activity unreasonably interferes with the use or enjoyment of a public right and thereby causes the public-at-large substantial and widespread harm. Native Vill. of Kivalina v. ExxonMobil Corp., 696 F.3d 849, 855 (9th Cir. 2012) (citing Missouri v. Illinois, 200 U.S. 496, 521 (1906)). No plaintiff has ever succeeded in bringing a nuisance claim based on global warming. But courts that have addressed such claims, as well as the parties here, have turned to the Restatement to analyze whether the common law tort of nuisance can be applied in this context.7 Section 821B of the Restatement sets forth three tests for whether an interference with a public right is unreasonable: (a) Whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience, or (b) whether the conduct is proscribed by a statute, ordinance or administrative regulation, or (c) whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect, and, as the actor knows or has reason to know, has a significant effect upon the public right. To be held liable for a public nuisance, a defendant’s interference with a public right can either be intentional, or unintentional and otherwise actionable under principles controlling liability for negligence, recklessness, or abnormally dangerous activities. Restatement § 821B Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 7 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Another problem involves timing. Although plaintiffs allege that global warming has already caused sea level rise, Oakland and San Francisco have yet to build a seawall or other infrastructure for which they seek reimbursement. The United States Army Corps of Engineers has already proposed projects to address the problem and is likely to help protect plaintiffs’ property and residents. Oakland and San Francisco may 8 cmt. e. Where, as alleged here, the interference is intentional, “it must also be unreasonable.” Ibid. This determination, in turn, involves “the weighing of the gravity of the harm against the utility of the conduct,” guidance for which is set forth in Sections 826 through 831 of the Restatement. Ibid. If the interference was unintentional, the principles governing negligence, recklessness, or abnormally dangerous activities also “embody in some degree the concept of unreasonableness.” Ibid. The commentary to Sections 826 through 831 explain, among other things, that “in determining whether the gravity of the interference with the public right outweighs the utility of the actor’s conduct, it is necessary to consider the extent and character of the interference, the social value that the law attaches to it, the character of the locality involved and the burden of avoiding the harm placed upon members of the public.” Id. at § 827 cmt. a. Relatedly, in evaluating the utility of the conduct, “it is necessary to consider the social value that the law attaches to the primary purpose of the conduct, the suitability of the conduct to the character of the locality and the impracticality of preventing or avoiding the invasion.” Id. at § 828 cmt. a. With respect to balancing the social utility against the gravity of the anticipated harm, it is true that carbon dioxide released from fossil fuels has caused (and will continue to cause) global warming. But against that negative, we must weigh this positive: our industrial revolution and the development of our modern world has literally been fueled by oil and coal. Without those fuels, virtually all of our monumental progress would have been impossible. All of us have benefitted. Having reaped the benefit of that historic progress, would it really be fair to now ignore our own responsibility in the use of fossil fuels and place the blame for global warming on those who supplied what we demanded? Is it really fair, in light of those benefits, to say that the sale of fossil fuels was unreasonable? This order recognizes but does not resolve these questions, for there is a more direct resolution from the Supreme Court and our court of appeals, next considered.8 Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 8 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 eventually incur expense over and above federal outlays, but that is neither certain nor imminent. If and when those expense items are actually incurred, defendants will still be in business and will be good for any liability. Requiring them to pay now into an anticipatory “abatement fund” would be like walking to the pay window before the race is over. 9 1. DISPLACEMENT. The Supreme Court has held that the Clean Air Act and the EPA’s authority thereunder to set emission standards have displaced federal common law nuisance claims to enjoin a defendant’s emission of greenhouse gases. Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (“AEP”). In Kivalina, our court of appeals extended the Clean Air Act displacement rule to claims for damages based on an oil producer’s past emissions. 696 F.3d 849. In other words, Congress has vested in the EPA the problem of greenhouse gases and has given it plenary authority to solve the problem at the point of emissions. Here, by contrast, defendants stand accused, not for their own emissions of greenhouse gases, but for their sale of fossil fuels to those who eventually burn the fuel. Is this distinction enough to avoid displacement under AEP and Kivalina? The harm alleged by our plaintiffs remains a harm caused by fossil fuel emissions, not the mere extraction or even sale of fossil fuels. This order holds that, were this the only distinction, AEP and Kivalina would still apply. If an oil producer cannot be sued under the federal common law for their own emissions, a fortiori they cannot be sued for someone else’s. The amended complaints, however, add another dimension not addressed in AEP or Kivalina, namely that the conduct and emissions contributing to the nuisance arise outside the United States, although their ill effects reach within the United States. Specifically, emissions from the use of defendants’ fossil fuels abroad send greenhouse gases into our atmosphere, warm our globe, melt its ice, raise sea levels, and, via the navigable waters of the United States, threaten coastal flooding in Oakland and San Francisco. The February 27 order concluded that because plaintiffs’ nuisance claims centered on defendants’ placement of fossil fuels into the flow of international commerce, and because foreign emissions are out of the EPA and Clean Air Act’s reach, the Clean Air Act did not necessarily displace plaintiffs’ federal common law claims. Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 9 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 Nevertheless, these claims are foreclosed by the need for federal courts to defer to the legislative and executive branches when it comes to such international problems, as now explained. 2. INTERFERENCE WITH SEPARATION OF POWERS AND FOREIGN POLICY. The Supreme Court has given us caution in formulating new claims under federal common law. Sosa v. Alvarez-Machain, 542 U.S. 692 (2004). Sosa and earlier decisions “cast doubt on the authority of courts to extend or create private causes of action even in the realm of domestic law, where [the Supreme Court] has ‘recently and repeatedly said that a decision to create a private right of action is one better left to legislative judgment in the great majority of cases.’” Jesner v. Arab Bank, PLC, 138 S. Ct. 1386, 1402 (2018) (citing Sosa, 542 U.S. at 727). The Supreme Court has also “remain[ed] mindful that it does not have the creative power akin to that vested in Congress.” AEP, 564 U.S. at 422. One consideration weighing in favor of judicial caution is where “modern indications of congressional understanding of the judicial role in the field have not affirmatively encouraged greater judicial creativity.” Sosa, 542 U.S. at 728. As explained above, plaintiffs’ claims require a balancing of policy concerns — including the harmful effects of greenhouse gas emissions, our industrialized society’s dependence on fossil fuels, and national security. Through the Clean Air Act, Congress “entrust[ed] such complex balancing to the EPA in the first instance, in combination with state regulators.” AEP, 564 U.S. at 427. And, not long ago, the problem wasn’t too much oil, but too little, and our national policy emphasized the urgency of reducing dependence on foreign oil. In enacting the Energy Policy Act of 1992, for example, Congress expressed that it was “the goal of the United States in carrying out energy supply and energy conservation research and development . . . to strengthen national energy security by reducing dependence on imported oil.” 42 U.S.C. § 13401. In our industrialized and modern society, we needed (and still need) oil and gas to fuel power plants, vehicles, planes, trains, ships, equipment, homes and factories. Our industrial revolution and our modern nation, to repeat, have been fueled by fossil fuels. In light of AEP, plaintiffs shift their focus to sales of fossil fuels worldwide, beyond the reach of the EPA and the Clean Air Act. This shift to foreign lands, however, runs counter to another cautionary restriction, the presumption against extraterritoriality. The Supreme Court has Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 10 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 cautioned that where recognizing a new claim for relief under federal common law could affect foreign relations, courts should be “particularly wary of impinging on the discretion of the Legislative and Executive Branches in managing foreign affairs.” Sosa, 542 U.S. at 727. In Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), the Supreme Court held that the principles underlying the presumption against extraterritoriality also constrain courts considering claims brought under the Alien Tort Statute. The presumption “serves to protect against unintended clashes between our laws and those of other nations” and “helps ensure that the Judiciary does not erroneously adopt an interpretation of U.S. law that carries foreign policy consequences not clearly intended by the political branches.” Id. at 115–16 (citations and internal quotation marks omitted). While courts “typically apply the presumption to discern whether an Act of Congress regulating conduct applies abroad,” Kiobel recognized that “the danger of unwarranted judicial interference in the conduct of foreign policy is magnified” where “the question is not what Congress has done but instead what courts may do.” Id. at 116. And where a claim “reaches conduct within the territory of another sovereign,” concerns of “unwarranted judicial interference” in foreign policy “are all the more pressing.” Id. at 117. Importantly, “[t]he political branches, not the Judiciary, have the responsibility and institutional capacity to weigh foreign-policy concerns.” Jesner, 138 S. Ct. at 1403. Here, plaintiffs seek to impose liability on five companies for their production and sale of fossil fuels worldwide. These claims — through which plaintiffs request billions of dollars to abate the localized effects of an inherently global phenomenon — undoubtedly implicate the interests of countless governments, both foreign and domestic. The challenged conduct is, as far as the complaints allege, lawful in every nation. And, as the United States aptly notes, many foreign governments actively support the very activities targeted by plaintiffs’ claims (USA Amicus Br. at 18). Nevertheless, plaintiffs would have a single judge or jury in California impose an abatement fund as a result of such overseas behavior. Because this relief would effectively allow plaintiffs to govern conduct and control energy policy on foreign soil, we must exercise great caution. Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 11 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 Global warming is already the subject of international agreements. The United States is also engaged in active discussions with other countries as to whether and how climate change should be addressed through a coordinated framework (ibid.). The Montreal Protocol on Substances that Deplete the Ozone Layer, signed by 197 countries to eliminate chlorofluorocarbons (CFCs), demonstrates that global cooperation can work, even if getting there remains difficult. Everyone has contributed to the problem of global warming and everyone will suffer the consequences — the classic scenario for a legislative or international solution. This order fully accepts the vast scientific consensus that the combustion of fossil fuels has materially increased atmospheric carbon dioxide levels, which in turn has increased the median temperature of the planet and accelerated sea level rise. But questions of how to appropriately balance these worldwide negatives against the worldwide positives of the energy itself, and of how to allocate the pluses and minuses among the nations of the world, demand the expertise of our environmental agencies, our diplomats, our Executive, and at least the Senate. Nuisance suits in various United States judicial districts regarding conduct worldwide are far less likely to solve the problem and, indeed, could interfere with reaching a worldwide consensus. Plaintiffs argue against this result on several grounds. First, plaintiffs argue that adjudication of plaintiffs’ claims would not infringe on the role of the political branches because the undersigned judge need not weigh or consider the social utility of defendants’ conduct. The commentary to Section 826 of the Restatement explains that in some scenarios harm may be “so severe” that the conduct becomes unreasonable “as a matter of law,” and that in such situations monetary recovery is available “regardless of the utility of the activity in the abstract.” Restatement § 826 cmt. b. Plaintiffs similarly rely on Section 829A, which provides: An intentional invasion of another’s interest in the use and enjoyment of land is unreasonable if the harm resulting from the invasion is severe and greater than the other should be required to bear without compensation. Plaintiffs claim that the harm alleged in these actions is “undeniably severe” such that global warming constitutes a nuisance as a matter of law. But in AEP, the Supreme Court addressed public nuisance claims based on similar allegations of harm, and nonetheless cautioned that policy questions concerning global warming require an “informed assessment of competing Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 12 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 interests” and that “[a]long with the environmental benefit potentially achievable, our Nation’s energy needs and the possibility of economic disruption must weigh in the balance.” 564 U.S. at 427. Plaintiffs next cite to Section 821B, comment i (entitled “Action for damages distinguished from one for injunction”) which provides: In determining whether to award damages, the court’s task is to decide whether it is unreasonable to engage in the conduct without paying for the harm done. Although a general activity may have great utility it may still be unreasonable to inflict the harm without compensating for it. In an action for injunction the question is whether the activity itself is so unreasonable that it must be stopped. It may be reasonable to continue an important activity if payment is made for the harm it is causing, but unreasonable to continue it without paying. This question of reasonableness nevertheless falls squarely within the type of balancing best left to Congress (or diplomacy). Judge Martin Jenkins rejected a similar argument in People of the State of California v. General Motors Corp., No. 06-cv-05755, 2007 WL 2726871 (N.D. Cal. Sept. 17, 2007). There, the State of California sued several automakers for contributing to global warming. California argued that because it sought damages, resolution of its federal common law public nuisance claim would not require the district court to determine whether the defendants’ actions had been unreasonable, but rather whether the interference suffered by California was unreasonable. Id. at *8. Judge Jenkins disagreed that this distinction would allow him to avoid making policy determinations, explaining that “regardless of the relief sought, the Court is left to make an initial decision as to what is unreasonable in the context of carbon dioxide emissions.” Ibid. So too here. Finally, plaintiffs point to Section 826, which provides: An intentional invasion of another’s interest in the use and enjoyment of land is unreasonable if (a) the gravity of the harm outweighs the utility of the actor’s conduct, or (b) the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible. Plaintiffs claim that they can be compensated pursuant to subsection (b), which does not require weighing the utility of defendants’ conduct. The commentary to this section is clear, however, that “[i]f imposition of this financial burden would make continuation of the activity not feasible, the weighing process for determining unreasonableness is similar to that in a suit for injunction.” Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 13 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 The parties have identified seven similar actions brought by cities and counties across the country. Cty. of San Mateo v. Chevron Corp., et al., No. 17-cv-4929 (N.D. Cal.); City of Imperial Beach v. Chevron Corp., et al., No. 17-cv-4934 (N.D. Cal.); Cty. of Marin v. Chevron Corp., et al., No. 17-cv-4935 (N.D. Cal.); Cty. of Santa Cruz v. Chevron Corp., et al., No. 18-cv-450 (N.D. Cal.); City of Santa Cruz v. Chevron Corp., et al., No. 18-cv-458 (N.D. Cal.); City of Richmond v. Chevron Corp., et al., No. 18-cv-732 (N.D. Cal.); City of New York v. BP P.L.C., et al., No. 18-cv-182 (S.D.N.Y.); King Cty. v. BP P.L.C., et al., No. 18-2-11859-0 (Sup. Ct. King Cty., Wash.). 14 Restatement § 826 cmt. f. In these actions alone, two plaintiffs seek billions of dollars each in the form of an abatement fund. It seems a near certainty that judgments in favor of the plaintiffs who have brought similar nuisance claims based on identical conduct (let alone those plaintiffs who have yet to file suit) would make the continuation of defendants’ fossil fuel production “not feasible.” This order accordingly disagrees that it could ignore the public benefits derived from defendants’ conduct in adjudicating plaintiffs’ claims. In the aggregate, the adjustment of conflicting pros and cons ought to be left to Congress or diplomacy.9 Second, plaintiffs point to the Court of Appeals for the Second Circuit’s decision in AEP, where the court held that a global-warming nuisance claim did not present non-justiciable political questions, a conclusion affirmed by an equally-divided Supreme Court. AEP, 564 U.S. at 420 n.6. As previously explained, however, AEP addressed different claims. To be sure, the Second Circuit disagreed that it had been asked “to fashion a comprehensive and far-reaching solution to global climate change, a task that arguably falls within the purview of the political branches.” Connecticut v. Am. Elec. Power Co., 582 F.3d 309, 325 (2d Cir. 2009), rev’d on other grounds, 564 U.S. 410 (2011). But in doing so, the court highlighted that the plaintiffs there sought only to limit emissions from six domestic coal-fired electricity plants, and that “[a] decision by a single federal court concerning a common law of nuisance cause of action, brought by domestic plaintiffs against domestic companies for domestic conduct, does not establish a national or international emissions policy (assuming that emissions caps are even put into place).” Ibid. (emphasis in original). Here, the claims are plainly not so limited. Third, plaintiffs argue that Sosa and its progeny are not instructive because those decisions arose in the context of the Alien Tort Statute. The Alien Tort Statute simply provides that “[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” 28 U.S.C. § Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 14 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 1350. “The statute provides district courts with jurisdiction to hear certain claims, but does not expressly provide any causes of action.” Kiobel, 569 U.S. at 114–15. This grant of jurisdiction is “read as having been enacted on the understanding that the common law would provide a cause of action for [a] modest number of international law violations.” Sosa, 542 U.S. at 724. Federal courts may therefore “recognize private claims [for such violations] under federal common law.” Id. at 732. The broader point made by the Supreme Court in these decisions is that federal courts should exercise great caution before fashioning federal common law in areas touching on foreign affairs. For the reasons explained above, such concerns of caution are squarely presented here. The federal common law claims must be dismissed. * * * The foregoing disposes of the federal common law claims in their entirety. The amended complaints also assert a state law claim for public nuisance. For the reasons stated in the February 27 order denying remand, however, plaintiffs’ nuisance claims must stand or fall under federal common law. Accordingly, plaintiffs’ state law claims must also be dismissed. CONCLUSION It may seem peculiar that an earlier order refused to remand this action to state court on the ground that plaintiffs’ claims were necessarily governed by federal law, while the current order concludes that federal common law should not be extended to provide relief. There is, however, no inconsistency. It remains proper for the scope of plaintiffs’ claims to be decided under federal law, given the international reach of the alleged wrong and given that the instrumentality of the alleged harm is the navigable waters of the United States. Although the scope of plaintiffs’ claims is determined by federal law, there are sound reasons why regulation of the worldwide problem of global warming should be determined by our political branches, not by our judiciary. In sum, this order accepts the science behind global warming. So do both sides. The dangers raised in the complaints are very real. But those dangers are worldwide. Their causes are worldwide. The benefits of fossil fuels are worldwide. The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case. While it Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 15 of 16 United States District CourtFor the Northern District of California1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 remains true that our federal courts have authority to fashion common law remedies for claims based on global warming, courts must also respect and defer to the other co-equal branches of government when the problem at hand clearly deserves a solution best addressed by those branches. The Court will stay its hand in favor of solutions by the legislative and executive branches. For the reasons stated, defendants’ motion to dismiss is GRANTED. IT IS SO ORDERED. Dated: June 25, 2018. WILLIAM ALSUPUNITED STATES DISTRICT JUDGE Case 3:17-cv-06011-WHA Document 283 Filed 06/25/18 Page 16 of 16 This Page Intentionally Left Blank