Staff Report with the attachment
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/17/2023 ITEM NO: 12
DATE: January 12, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a General Plan Amendment by Resolution to Add Policies to the
Hazards and Safety Element. Location: Town-Wide. General Plan
Amendment Application GP-22-002
RECOMMENDATION:
Adopt a General Plan amendment by resolution to add policies to the Hazards and Safety
Element.
BACKGROUND:
On June 30, 2022, the Town Council adopted the 2040 General Plan. On August 16, 2022,
signatures were submitted to the Town in support of a referendum on the Land Use and
Community Design Elements of the adopted 2040 General Plan. The referendum proposes that
the Land Use and Community Design Elements of the 2040 General Plan be repealed. Once the
referendum signatures were verified by the County Registrar in late September, the 2040
General Plan Land Use and Community Design Elements were suspended in accordance with
Elections Code Section 9237.
On October 4, 2022, Town Council adopted a Resolution to confirm suspension of the 2040
General Plan Land Use and Community Design Elements and provide that the 2020 General
Plan Land Use and Community Design Elements govern during the suspension period.
State Law requires that any General Plan or Housing Element update conducted after January 1,
2014, include review and update of the Safety Element to address the risk of fire for land
classified as very high fire hazard severity zones (VHFHSZ’s) [Gov. Code, § 65302, subd. (g)(3)].
Some of the language in the Community Design Element, adopted as part of the 2040 General
PAGE 2 OF 2 SUBJECT: Hazards and Safety Element Amendment/GP-22-002 DATE: January 12, 2023
BACKGROUND (continued):
Plan, was prepared in coordination with the California Board of Forestry for compliance with
this State law.
On October 26, 2022, the General Plan Committee met (Attachment 1, Exhibit 2) and
recommended the addition of two policies to the Hazards and Safety Element of the General
Plan to ensure that the specific wording identified by the California Board of Forestry was
maintained in the General Plan.
On December 14, 2022, the Planning Commission met (Attachments 1 and 2) and
recommended that the Town Council add two policies to the Hazards and Safety Element of the
General Plan, as recommended by the General Plan Committee and described below.
DISCUSSION:
As part of the review by the California Board of Forestry, two policies within the suspended 2040
General Plan Community Design Element were identified with specific wording added to
reference VHFHSZ’s:
Policy CD-5.2 Hillside Development Limitation
Limit hillside development, specifically in VHFHSZ’s, to mitigate wildfire risk.
Policy CD-6.1 Least Restrictive Development Areas
All development, including those in VHFHSZ’s, is required to adhere to the Least
Restrictive Development Areas (LRDA) to ensure minimal disturbance of the
natural environment and to avoid wildfire and geological hazards.
These two policies are proposed to be added as new policies in the 2040 General Plan Hazards
and Safety Element under Goal HAZ-2 and renamed as Policies HAZ-2.10 and HAZ-2.11.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for Implementation of
California Environmental Quality Act, Section 15061(b)(3).
Attachments:
1. December 14, 2022, Planning Commission Staff Report, with Exhibits 1 and 2
2. December 14, 2022, Planning Commission Verbatim Minutes
3. Draft Resolution
PREPARED BY: JENNIFER ARMER, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 12/14/2022
ITEM NO: 6
DATE: December 9, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a General Plan Amendment to Add Policies to the Hazards and
Safety Element. Location: Town-wide. General Plan Amendment Application
GP-22-002.
RECOMMENDATION:
Consider a General Plan amendment to add policies to the Hazards and Safety Element.
BACKGROUND:
On June 30, 2022, the Town Council approved the 2040 General Plan. On August 16, 2022,
signatures were submitted to the Town in support of a referendum on the Land Use and
Community Design Elements of the approved 2040 General Plan. The referendum proposes
that the Land Use and Community Design Elements of the 2040 General Plan be repealed.
Once the referendum signatures were verified by the County Registrar in late September, the
2040 General Plan Land Use and Community Design Elements were suspended in accordance
with Elections Code Section 9237.
On October 4, 2022, Town Council approved a Resolution to confirm suspension of the 2040
General Plan Land Use and Community Design Elements and provide that the 2020 General
Plan Land Use and Community Design Elements govern during the suspension period.
State Law requires that any General Plan or Housing Element update conducted after January 1,
2014, include review and update of the Safety Element to address the risk of fire for land
classified as very high fire hazard severity zones (VHFHSZ’s) [Gov. Code, § 65302, subd. (g)(3)].
Some of the language in the Community Design Element adopted as part of the 2040 General
Plan was prepared in coordination with the California Board of Forestry, for compliance with
this State law.
ATTACHMENT 1
PAGE 2 OF 3
SUBJECT: Hazards and Safety Element Update/GP-22-001
DATE: December 9, 2022
BACKGROUND (continued):
On October 26, 2022, the General Plan Committee recommended the addition of two policies
to the Hazards and Safety Element of the General Plan, as described below (Exhibit 2).
DISCUSSION:
As part of the review by the California Board of Forestry, two policies within the suspended 2040
General Plan Community Design Element were identified with specific wording added to
reference the VHFHSZ:
Policy CD-5.2 Hillside Development Limitation
Limit hillside development, specifically in VHFHSZ’s, to mitigate wildfire risk.
Policy CD-6.1 Least Restrictive Development Areas
All development, including those in VHFHSZ’s, is required to adhere to the Least
Restrictive Development Areas (LRDA) to ensure minimal disturbance of the
natural environment and to avoid wildfire and geological hazards.
These could be added as new policies in the 2040 General Plan Hazards and Safety Element
under Goal HAZ-2 and renamed as Policies HAZ-2.10 and HAZ-2.11.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for Implementation of
California Environmental Quality Act, Section 15061(b)(3).
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comment.
CONCLUSION:
A. Recommendation
Staff recommends that the Planning Commission:
1. Receive and consider public comments;
2. Complete the review of the proposed General Plan amendment; and
3. Forward a recommendation to the Town Council to approve the Draft Resolution
(Exhibit 1).
PAGE 3 OF 3
SUBJECT: Hazards and Safety Element Update/GP-22-001
DATE: December 9, 2022
CONCLUSION (continued):
B. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Recommend approval with modifications.
EXHIBITS:
1. Draft Resolution
2. October 26, 2022 General Plan Committee Staff Report
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Resolution 20__ - _________________, 20__
Draft Resolution to
be modified by Town
Council deliberations
and direction.
RESOLUTION 20__-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE HAZARDS AND SAFETY ELEMENT
OF THE GENERAL PLAN.
WHEREAS, the Town of Los Gatos has prepared the 2040 General Plan to update and
enhance the 2020 General Plan, along with the Final Environmental Impact Report (Final EIR);
and
WHEREAS, on June 30, 2022, Town Council adopted Resolution 2022-046 and certified
the Environmental Impact Report for the 2040 General Plan; and
WHEREAS, on June 30, 2022, Town Council adopted Resolution 2022-047 approving the
2040 General Plan; and
WHEREAS, on October 4, 2022, Town Council adopted Resolution 2022-064 to confirm
the suspension of the 2040 General Plan Land Use and Community Design Elements because
sufficient signatures had been gathered to place a referendum on a future ballot with regard to
those two Elements, provide that the 2020 General Plan Land Use and Community Design
Elements govern during the suspension period, and that the remaining Elements of the 2040
General Plan remain in effect; and
WHEREAS, language required by the State Board of Forestry was included in the
Community Design Element, which is now suspended; and
WHEREAS, the Town wishes to move the required language to the Town’s Hazards and
Safety Element; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on _______________.
WHEREAS, the Town Council finds as follows:
A. The project is Categorically Exempt pursuant to the adopted Guidelines for
Implementation of California Environmental Quality Act, Section 15061(b)(3);
and
EXHIBIT 1
2 of 2
Resolution 20__ - _________________, 20__
B. The General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its corresponding elements; and
C. That all proceedings have been conducted in compliance with the provisions of
Government Code Section 65350 et seq.
NOW, THEREFORE, BE IT RESOLVED:
The Hazards and Safety Element shall be amended to add:
Policy HAZ-2.10 Hillside Development Limitation
Limit hillside development, specifically in VHFHSZ’s, to mitigate wildfire risk.
Policy HAZ-2.11 Least Restrictive Development Areas
All development, including those in VHFHSZ’s, is required to adhere to the
Least Restrictive Development Areas (LRDA) to ensure minimal disturbance
of the natural environment and to avoid wildfire and geological hazards.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the __th day of _________, 20__, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: JENNIFER ARMER, AICP
Planning Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
GENERAL PLAN COMMITTEE
REPORT
MEETING DATE: 10/26/2022
ITEM NO: 2
DATE: October 21, 2022
TO: General Plan Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a General Plan Amendment to Add Policies to the Hazards and Safety
Element. Location: Townwide. General Plan Amendment Application GP-22-
002.
RECOMMENDATION:
Consider a General Plan amendment to add policies to the Hazards and Safety Element.
BACKGROUND:
On June 30, 2022, the Town Council approved the 2040 General Plan. On August 16, 2022,
signatures were submitted to the Town in support of a referendum on the Land Use and
Community Design Elements of the approved 2040 General Plan. The referendum proposes
that the Land Use and Community Design Elements of the 2040 General Plan be repealed.
Once the referendum signatures were verified by the County Registrar in late September, the
2040 General Plan Land Use and Community Design Elements were suspended in accordance
with Elections Code Section 9237.
On October 4, 2022, Town Council approved a Resolution to confirm suspension of the 2040
General Plan Land Use and Community Design Elements and provide that the 2020 General
Plan Land Use and Community Design Elements govern during the suspension period.
State Law requires that any General Plan or Housing Element update conducted after January 1,
2014, include review and update of the Safety Element to address the risk of fire for land
classified as very high fire hazard severity zones (VHFHSZ’s) [Gov. Code, § 65302, subd. (g)(3)].
Some of the language in the Community Design Element adopted as part of the 2040 General
Plan was prepared in coordination with the California Board of Forestry, for compliance with
this State law.
EXHIBIT 2
PAGE 2 OF 2
SUBJECT: Hazards and Safety Element Update/GP-20-001
DATE: October 21, 2022
N:\DEV\GPC\GPC Staff Reports\2022\10-26-22\Item 2 - Safety Element Update\Staff Report.Safety Element Update.docx
DISCUSSION:
As part of the review by the California Board of Forestry, two policies within the suspended 2040
General Plan Community Design Element were identified with specific wording added to
reference the VHFHSZ:
Policy CD-5.2 Hillside Development Limitation
Limit hillside development, specifically in VHFHSZ’s, to mitigate wildfire risk.
Policy CD-6.1 Least Restrictive Development Areas
All development, including those in VHFHSZ’s, is required to adhere to the Least
Restrictive Development Areas (LRDA) to ensure minimal disturbance of the
natural environment and to avoid wildfire and geological hazards.
For simplicity, staff’s recommendation is to add these as new policies in the 2040 General Plan
Hazards and Safety Element under Goal HAZ-2 as Policies HAZ-2.10 and HAZ-2.11.
PUBLIC COMMENTS:
As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
The Committee should review the proposed amendments and provide a recommendation of
approval to the Planning Commission and the Town Council.
LOS GATOS PLANNING COMMISSION 12/14/2022
Item #6, General Plan Amendment to
Hazards and Safety Element
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Melanie Hanssen, Chair
Jeffrey Barnett, Vice Chair
Kathryn Janoff
Steve Raspe
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 2
LOS GATOS PLANNING COMMISSION 12/14/2022
Item #6, General Plan Amendment to
Hazards and Safety Element
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P R O C E E D I N G S:
CHAIR HANSSEN: We can move on to the next item,
which is Item 6, which is considering a General Plan
Amendment to add policies to the Hazards and Safety
Element. Location: Town-wide. General Plan Amendment
Application GP-22-002.
I assume we have a Staff Report for this as well.
JENNIFER ARMER: Thank you, Chair and Planning
Commissioners. As stated, this is a proposed amendment to
the Hazards and Safety Element of the General Plan.
As you may remember from last year when the Draft
General Plan was brought to the Planning Commission for
consideration, one component of the recommended changes
from the draft that was prepared by the GPAC were some
modifications required by the State as part of the CAL FIRE
review and the Board of Forestry review.
A couple of those changes were included within
the Community Design Element, and because at this point the
Community Design Element is on hold because the referendum
that qualified for the ballot has not yet been voted upon,
Staff is recommending that we take the two policies that
included those changes from the State and move them into
the Hazards and Safety Element, which is in effect, so that
LOS GATOS PLANNING COMMISSION 12/14/2022
Item #6, General Plan Amendment to
Hazards and Safety Element
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it is clear that we have complied with that requirement for
update to the Safety Element, both for the General Plan as
a whole as well as for future adoption of the Housing
Element.
This concludes Staff’s presentation, but if you
have any questions I’d be happy to answer.
CHAIR HANSSEN: Thank you for that. Before I take
any questions I’ll just add on that since I’m chairing the
General Plan Committee this year that when we heard this at
the General Plan Committee it seemed to make a lot of
sense, given that the Community Design Element had been
suspended, to have these safety provisions moved into the
Hazards and Safety Element, and the only question that I
recall coming up during that meeting was just about the
number of General Plan amendments, because some people
thought it was limited to four, and so Ms. Armer, if you
could let the Commission know what you told us yesterday.
JENNIFER ARMER: Yes, thank you for that
question. We did verify the language of State law that does
limit the number of changes to a General Plan within each
calendar year. The limitation of four is actually to each
of the required elements.
For example, the Safety Element is a required
element, and so we could make up to four changes to the
LOS GATOS PLANNING COMMISSION 12/14/2022
Item #6, General Plan Amendment to
Hazards and Safety Element
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Safety Element. That does not limit possible changes to,
say, the Land Use Element or the Housing Element within
that same year; those each could have four changes.
In addition, those that are not required
elements, for example, our Community Design Element is not
a required element, it is not one of those that’s listed in
that law.
CHAIR HANSSEN: So we can take comfort that we’re
not going to bump up against that, especially considering
that due to the referendum there’s likely to be more
multiple changes to the General Plan next year, or those
two elements.
Commissioner Thomas.
COMMISSIONER THOMAS: Ms. Armer, can you also
confirm—we did talk about this at the General Plan Update
Committee meeting—that also when we make an amendment you
can clump more than one change together and that just
counts as one, one time?
JENNIFER ARMER: That is correct. It’s not each
individual change we take forward. We are making this group
of changes that counts as a single amendment to the General
Plan for each of those chapters.
COMMISSIONER THOMAS: Thank you.
LOS GATOS PLANNING COMMISSION 12/14/2022
Item #6, General Plan Amendment to
Hazards and Safety Element
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CHAIR HANSSEN: I will put it out there to see if
any Commissioners have questions for Staff beyond what we
just talked about. I’m not seeing any, and so like our
previous item, this would be a motion to make a
recommendation to Town Council to approve the movement of
these items to the Hazards and Safety Element, and we would
follow the same process.
Oh, I forgot to do public comment, so let me stop
and see if there are any members of the public that would
like to speak on this item.
JENNIFER ARMER: Please raise your hand if you’d
like to speak on this item. I’m not seeing any hands
raised.
CHAIR HANSSEN: Okay, thank you for that. That
being the case, if no one wants to speak on this item, is
there a motion to make this recommendation?
Vice Chair Barnett.
VICE CHAIR BARNETT: Concerning our Agenda Item
#5 tonight, I move that we recommend to the Town Council
the amendments which are set forth in the Staff Report on
that item. I can make the findings that there’s no
possibility that the project will have a significant impact
on the environment and is therefore not subject to CEQA,
LOS GATOS PLANNING COMMISSION 12/14/2022
Item #6, General Plan Amendment to
Hazards and Safety Element
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and also that the Town Code Amendments are consistent with
the General Plan.
CHAIR HANSSEN: Ms. Armer has her hand up; so let
me see before I take a second.
JENNIFER ARMER: Thank you. I just wanted clarify
that you are referring to Item #6, the Amendments to the
General Plan. You stated Item #5.
VICE CHAIR BARNETT: Gosh, mine looks like #5,
but in any event the appropriate provision of our Staff
Report, thank you.
CHAIR HANSSEN: Is there a second? Commissioner
Raspe.
COMMISSIONER RASPE: I second the motion.
CHAIR HANSSEN: Thank you for that. Any further
discussion? Okay, Commissioner Thomas.
COMMISSIONER THOMAS: Yes.
CHAIR HANSSEN: Commissioner Raspe.
COMMISSIONER RASPE: Yes.
CHAIR HANSSEN: Commissioner Janoff.
COMMISSIONER JANOFF: Yes.
CHAIR HANSSEN: Vice Chair Barnett.
VICE CHAIR BARNETT: Yes.
CHAIR HANSSEN: And I vote yes as well, and like
our previous item, since is a recommendation to Town
LOS GATOS PLANNING COMMISSION 12/14/2022
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Council I do not believe there are any appeal rights. Ms.
Armer is shaking her head.
(END)
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Resolution 2023 - Council Meeting Date
Draft Resolution to
be modified by Town
Council deliberations
and direction.
DRAFT RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE HAZARDS AND SAFETY ELEMENT OF THE 2040 GENERAL PLAN WHEREAS, the Town of Los Gatos prepared the 2040 General Plan to update and
enhance the 2020 General Plan, along with the Final Environmental Impact Report (Final EIR);
and
WHEREAS, on June 30, 2022, Town Council adopted Resolution 2022-046 and certified
the Environmental Impact Report for the 2040 General Plan; and
WHEREAS, on June 30, 2022, Town Council adopted Resolution 2022-047 approving the
2040 General Plan; and
WHEREAS, on October 4, 2022, Town Council adopted Resolution 2022-064 to confirm
the suspension of the 2040 General Plan Land Use and Community Design Elements because
sufficient signatures had been gathered to place a referendum on a future ballot with regard to
those two Elements, provide that the 2020 General Plan Land Use and Community Design
Elements govern during the suspension period, and that the remaining Elements of the 2040
General Plan remain in effect; and
WHEREAS, language required by the State Board of Forestry was included in the 2040
General Plan Community Design Element, which is now suspended; and
WHEREAS, the Town wishes to move the required language to the 2040 General Plan
Hazards and Safety Element; and
WHEREAS, on October 26, 2022, the General Plan Committee met to consider this
matter. The General Plan Committee unanimously recommended that the Town Council adopt
this amendment to the Hazards and Safety Element of the General Plan; and
WHEREAS, on December 14, 2022, the Planning Commission held a public hearing to
consider this matter. The Planning Commission received and considered public comments and
unanimously recommended that the Town Council adopt this amendment to the Hazards and
Safety Element of the General Plan; and
ATTACHMENT 3
2 of 3
Resolution 2023 - Council Meeting Date
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on January 17, 2023; and
WHEREAS, the Town Council finds as follows:
A. The project is Categorically Exempt pursuant to the adopted Guidelines for
Implementation of California Environmental Quality Act, Section 15061(b)(3);
and
B. The General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its corresponding elements; and
C. That all proceedings have been conducted in compliance with the provisions of
Government Code Section 65350 et seq.
NOW, THEREFORE, BE IT RESOLVED:
The Hazards and Safety Element shall be amended to add the following policies:
Policy HAZ-2.10 Hillside Development Limitation
Limit hillside development, specifically in VHFHSZ’s, to mitigate wildfire risk.
Policy HAZ-2.11 Least Restrictive Development Areas
All development, including those in VHFHSZ’s, is required to adhere to the
Least Restrictive Development Areas (LRDA) to ensure minimal disturbance
of the natural environment and to avoid wildfire and geological hazards.
3 of 3
Resolution 2023 - Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of January, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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