06 Attachment 5 - August 23, 2023 Planning Commission Desk Item with Exhibit 11PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Community Development Director, Planning Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 5
DESK ITEM
DATE: August 23, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on a Request to Amend the
General Plan Land Use Designation of 16492 Los Gatos Boulevard and
Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to
Neighborhood Commercial; Amend the General Plan Land Use Designation of
Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density
Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and
Apply the Housing Element Overlay Zone to Allow for Increases to the
Allowable Density, Height, Floor Area Ratio, and Lot Coverage to the Sites
Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:
APN’s 42406116, 42407116, 42408029, 42408058, 42408059, 42408060,
42408074, 52924001, 52924003, and 53207085; 401 through 409 Alberto
Way; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260,
and 16270 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka
Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos
Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917,
14925, 15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151,
16203, 16392, and 16492 Los Gatos Boulevard; 50 and 165 Los Gatos
Saratoga Road; 61 Montebello Way; 14800 and 14840 Oka Road; 50 Park
Avenue; 101 South Santa Cruz Avenue. An Environmental Impact Report
(EIR) was Prepared and Certified for the 2040 General Plan Update on June
30, 2022, which Included the Proposed General Plan Amendments. No
further Environmental Analysis is Required. Zoning Code Amendment
Application Z-23-003 and General Plan Amendment Application GP-23-003.
Applicant: Town of Los Gatos.
ATTACHMENT 5
PAGE 2 of 2
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/
Z-23-003 and GP-23-003
DATE: August 23, 2023
REMARKS:
Exhibit 11 contains public comments received between 11:01 a.m., Tuesday, August 22, 2023,
and 11:00 a.m., Wednesday, August 23, 2023.
EXHIBITS:
Previously received with the August 23, 2023, Staff Report:
1. Draft Findings
2. Appendix D, Sites Inventory Analysis of the July 2023 Interim Working Draft Revised Housing
Element
3. Appendix H, Sites Inventory Form of the July 2023 Interim Working Draft Revised Housing
Element
4. Location Maps – 16492 Los Gatos Boulevard (Showing Existing and Proposed General Plan
Designations)
5. Location Maps – Parcel 532-07-086 (Showing Existing and Proposed General Plan
Designations)
6. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed General Plan
Designations)
7. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed Zoning)
8. Location Maps – 2023-2031 Housing Element (Showing Existing and Proposed Zoning)
9. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone
Previously received with the August 22, 2023, Addendum Report:
10. Public Comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m.,
Tuesday, August 22, 2023.
Received with this Desk Item Report:
11. Public Comments received between 11:01 a.m., Tuesday, August 22, 2023, and 11:00 a.m.,
Wednesday, August 23, 2023.
From: Respicio, Maryknol <mrespicio@rutan.com>
Sent: Tuesday, August 22, 2023 12:39 PM
To: Joel Paulson <jpaulson@losgatosca.gov>
Cc: Phil Koen () <>; Town Manager
<Manager@losgatosca.gov>; Attorney <Attorney@losgatosca.gov>; Paul.McDougall@hcd.ca.gov;
jose.jauregui@hca.ca.gov; Francois, Matthew <MFrancois@rutan.com>
Subject: Los Gatos 2023-2031 Housing Element
Dear Mr. Paulson:
Attached please find a letter regarding Los Gatos 2023-2031 Housing Element issues.
Please let Matt Francois if you have any questions.
Thank you.
Maryknol Respicio
Assistant to Matthew D. Francois
Five Palo Alto Square, 3000 El Camino Real, Ste. 200 | Palo Alto, CA 94306
O. (650) 320-1500 | D. (650) 320-1500 x7723
mrespicio@rutan.com | www.rutan.com
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EXHIBIT 11
Matthew D. Francois
Direct Dial: (650) 798-5669
E-mail: mfrancois@rutan.com
August 22, 2023
Rutan & Tucker, LLP | 455 Market Street, Suite 1870
San Francisco, CA 94105 | 650-263-7900 | Fax 650 -263-7901
Orange County | Palo Alto | San Francisco | Scottsdale | www.rutan.com 2382/037011-0001
19498744 2 a08/22/23
VIA E-MAIL - jpaulson@losgatosca.gov
Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: Los Gatos 2023-2031 Housing Element
Dear Mr. Paulson:
We write on behalf of the Los Gatos Community Alliance (“LGCA”), a group of
concerned citizens, in regard to the Los Gatos 2023-2031 Housing Element (the “Housing
Element”). In previous correspondence to the Town of Los Gatos (the “Town”), LGCA
expressed concern that the Housing Element Sites Inventory overstated the development
potential on two key sites—Los Gatos Lodge and North 40 Phase II—in light of SB 330
Preliminary Applications submitted for both sites which vest development rights at overall lower
densities with far fewer affordable units than assumed by the Sites Inventory. LGCA also
expressed concerns with the reasonableness of development capacity on North 40 Phase II given
that the site is more than 10 acres and a comparable development (the adjacent North 40 Phase I)
was developed at an overall lower density with less affordable units than assumed by the prior
housing element. The reductions are significant enough that the Town would not meet its
Regional Housing Needs Allocation (“RHNA”) for very low and moderate income units. As the
Town prepares its fourth revision to the Housing Element, LGCA writes to request that the Town
update the Sites Inventory and make other changes to the Housing Element so as to comply with
State Housing Element Law.
1. Background
Faced with a January 31, 2023 deadline to adopt a compliant Housing Element, the Town
submitted its first draft Housing Element to the State Department of Housing & Community
Development (“HCD”) on October 14, 2022. In its January 12, 2023 comment letter HCD found
that this first submittal was not compliant with State Housing Element Law. The Town Council
nonetheless proceeded to adopt a slightly revised version of the Housing Element and submitted
it to HCD on February 13, 2023. HCD responded to this second submittal on April 14, 2023
indicating that it too was not compliant with State Housing Element Law. On March 31, 2023,
the Town sent its third submittal to HCD on March 31, 2023.
Joel Paulson
August 22, 2023
Page 2
2382/037011-0001
19498744 2 a08/22/23
After the third submittal had been sent to HCD, the Town received two SB 330
Preliminary Applications for two key sites on the Sites Inventory—Los Gatos Lodge (Site B1)
and North 40 Phase II (Site D1)—on which the Housing Element proposes to accommodate
more than 50 percent of the Town’s low and very low RHNA.1 As illustrated by the chart below,
the SB 330 Preliminary Applications include a greatly reduced number of affordable housing
units from that assumed in the Sites Inventory. The reductions are significant enough that the
Town would not meet its RHNA for very low and moderate income units. The Town’s RHNA
for very low units is 537 units and for moderate units is 320. With the reductions associated with
the SB 330 Preliminary Applications, the Town only has 396 very low units and 253 moderate
units.
Project Housing Element
Sites Inventory
SB 330 Preliminary
Applications Submitted
Los Gatos Lodge
(Site B-1)
Very Low: 86
Low: 86
Moderate: 62
Above-Moderate: 30
Total: 264
Very Low: 0
Low: 32
Moderate: 0
Above-Moderate: 126
Total: 158
North 40-Phase II
(Site D-1)
Very Low: 184
Low: 89
Moderate: 92
Above-Moderate: 96
Total: 461
Very Low: 0
Low: 88
Moderate: 0
Above-Moderate: 349
Total: 437
In its May 30, 2023 letter, HCD again found that the Town’s third submittal of the
Housing Element to be non-compliant with State Housing Element Law. In pertinent part, HCD
stated that the Housing Element needed to be revised to, among others, contain an accurate Sites
Inventory accounting for: (1) the likelihood of 100 percent nonresidential development in zones
allowing 100 percent nonresidential uses and (2) the realistic potential for additional
development on non-vacant sites. As to the first point, HCD indicated that the Town should
consider the development activity of 100 percent nonresidential uses, stating the element should
analyze all development activity in these nonresidential zones, how often residential
development occurs and adjust residential capacity calculations, policies, and programs
accordingly. As to the second point, HCD stated that the element should address “the extent to
which existing uses may constitute an impediment to additional residential development, the
Town’s past experience with converting existing uses to higher density residential development,
1 True and correct copies of these applications for Site B1 and Site D1 are attached hereto as
Exhibit A and Exhibit B, respectively.
Joel Paulson
August 22, 2023
Page 3
2382/037011-0001
19498744 2 a08/22/23
the current market demand for the existing use, an analysis of any existing leases or other
contracts that would perpetuate the existing use or prevent redevelopment of the site for
additional residential development, development trends, market conditions, and regulatory or
other incentives or standards to encourage additional residential development on these sites.”
2. Housing Element Law Requires A Sites Inventory That Reflects Realistic Capacity
And Properly Accounts For Large And Nonvacant Sites.
Government Code Section 65583 requires that a housing element “identify adequate sites
for housing” and “make adequate provision for the existing and projected needs of all economic
segments of the community.” Specifically, a housing element must contain “[a]n inventory of
land suitable and available for residential development, including vacant sites and sites having
realistic and demonstrated potential for redevelopment during the planning period to meet the
locality’s housing need for a designated income level, and an analysis of the relationship of
zoning and public facilities and services to these sites, and an analysis of the relationship of the
sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair
housing.” (Gov. Code § 65583(a)(3).)
The sites inventory shall be used to identify sites throughout the community that can be
developed for housing within the planning period and that are sufficient to provide for the
jurisdiction’s share of the regional housing need for all income levels. (Gov. Code
§ 65583.2(a).) An agency is required to determine whether each site in its inventory can
accommodate the development of some portion of its share of the regional housing need by
income level during the planning period. (Gov. Code § 65583.2(c).) A local agency must
demonstrate how the number of units determined for a particular site in the inventory will be
accommodated. (Gov. Code § 65583.2(c)(1).) The number of units shall be adjusted as
necessary based on land use controls and site improvements, the realistic development capacity
for the site, typical densities of existing or approved residential developments at a similar
affordability level in the jurisdiction, and the current and planned availability and accessibility of
sufficient water, sewer, and dry utilities. (Gov. Code § 65583.2(c)(2).)
Parcels larger than 10 acres are considered inadequate to accommodate housing
affordable to lower income households, unless the local agency demonstrates that sites of
equivalent size were successfully developed during the prior planning period for an equivalent
number of lower income housing units as projected for the site, or there is other evidence that the
site is realistic and feasible for lower income housing.2 (Gov. Code § 65583.2(c)(2)(B).) “A site
2 Such evidence may include developer interest, proposed specific-plan development, potential
for subdivision, the jurisdiction’s role or track record in facilitating lot splits, or other
information that can demonstrate to HCD the feasibility of the site for development. (HCD’s
Housing Element Site Inventory Guidebook (May 2020), p. 17.)
Joel Paulson
August 22, 2023
Page 4
2382/037011-0001
19498744 2 a08/22/23
may be presumed to be realistic for development to accommodate lower income housing need if,
at the time of the adoption of the housing element, a development affordable to lower income
households has been proposed and approved for development on the site.” (Gov. Code
§ 65583.2(c)(2)(C).)
When a housing element relies on nonvacant sites to accommodate more than 50 percent
of the RHNA for lower income households, it must demonstrate that existing uses are not an
impediment to additional residential development and will likely discontinue in the planning
period. (Gov. Code § 65583.2(g)(2).) Absent findings based on substantial evidence, the
existing uses will be presumed to impede additional residential development and cannot be used
to demonstrate adequate sites to accommodate the agency’s RHNA. (Id.)
3. The Housing Element Does Not Comply with State Housing Element Law.
The Sites Inventory has not been revised to reflect the SB 330 Preliminary Applications
for Los Gatos Lodge and North Forty Phase II. The inventory assumes that these two sites will
provide more than 50 percent of the RHNA for low and very low income units. But since these
two sites can legally be developed in accordance with their SB 330 Preliminary Applications, the
Town would have a shortfall of 141 very low units and 67 moderate units.3 The Sites Inventory
does not meet the Town’s RHNA obligations and the capacity assumed for Sites B-1 and D-1 is
not realistic.
Los Gatos Lodge (Site B-1) is comprised of three parcels totaling 8.81 acres and
identified as having a realistic capacity of 264 units. Of these 264 units, 86 are identified as very
low, 86 as low, 62 as moderate, and 30 as above-moderate. The Los Gatos Lodge site is
occupied by an existing motel and thus nonvacant. It has a proposed General Plan designation of
Mixed Use Commercial and a proposed Zoning designation of CH-PD HEOZ, which would
allow minimum densities of 30 units per acre. The Housing Element incorrectly refers to this
site as already containing these designations. (Housing Element, Appendix D, p. D-15.)4
A SB 330 Preliminary Application was submitted for Los Gatos Lodge on June 30, 2023.
Because the Town does not have a certified Housing Element, the project is subject to the
“builder’s remedy” and can proceed irrespective of its non-conformity with current planning and
zoning designations. (Gov. Code § 65589.5(d).) Any subsequently enacted planning or zoning
3 Where there would still be a nominal surplus of 58 low income units, this would only be
8 percent above the Town’s RHNA allocation, falling far short of HCD’s recommended
15-30 percent buffer. (HCD’s Housing Element Site Inventory Guidebook (May 2020), p. 22.)
4 References herein to the Housing Element are to the Interim Working Draft Revised Housing
Element dated July 2023.
Joel Paulson
August 22, 2023
Page 5
2382/037011-0001
19498744 2 a08/22/23
changes would not legally apply to the project proposed on Site B-1.5 The Preliminary
Application includes a total of 158 units. Of these 158 units, 126 are identified as market rate (or
above-moderate) units and 32 are identified as low income units. Thus, Site B-1 is subject to a
vested development application for 106 overall fewer units and 86 less very low, 54 less low, and
62 less moderate units than assumed by the Sites Inventory.
North 40 Phase II (Site D-1) is comprised of seven parcels totaling 15.39 acres and
identified as having a realistic capacity of 461 units. Of these 461 units, 184 are identified as
very low, 89 as low, 92 as moderate, and 96 as above-moderate. The North 40 Phase II site is
occupied by single-family residences and agricultural uses and thus nonvacant. It is planned and
zoned North Forty Specific Plan. The Specific Plan currently allows for a maximum of
270 units. (Specific Plan, Table 2-2 and Section 2.7.3.) Phase I was developed with 270
above-moderate units, 1 moderate unit, and 49 very low units.
A SB 330 Preliminary Application was submitted for North 40 Phase II on April 17,
2023. Because the Town does not have a certified Housing Element, the project is subject to the
“builder’s remedy” and can proceed irrespective of its non-conformity with current planning and
zoning designations. (Gov. Code § 65589.5(d).) Any subsequently enacted planning or zoning
changes would not legally apply to the project proposed on Site D-1. The Preliminary
Application includes a total of 437 units. Of these 437 units, 349 are identified as market rate (or
above-moderate) units and 88 are identified as low income units. Thus, Site B-1 is subject to a
vested development application for 24 overall fewer units and 184 less very low, 1 less low, and
92 less moderate units than assumed by the Sites Inventory.
Town Staff has indicated that these are just preliminary applications and do not need to
be factored into the analysis as to whether the capacity is realistic. Such a response significantly
downplays the legal significance of the SB 330 Preliminary Applications submitted. Moreover,
the Town itself used such an application for Site I-1 (405 Alberto Way) as the basis for the
overall density and number of affordable units in its Sites Inventory. Also, other agencies with
certified Housing Elements, such as the City of Campbell, considered SB 330 Preliminary
Applications when preparing their Housing Sites Inventory.6
In addition, Site D-1 is 15.39 acres. Per State Housing Element Law, such a large site is
considered inadequate to accommodate housing affordable to lower income households, unless
5 A Preliminary Application allows a developer to “freeze” the applicable ordinances, policies,
and standards in place at the time of submittal thus preventing later changes to development
requirements that could impact the project. (Gov. Code §§ 65589.5(o), 65941.1.)
6 Specifically, Campbell’s Housing Element included a discussion of requests to develop
housing below identified densities as a non-government constraint to housing. (Campbell
Housing Element, p. H.II-172.)
Joel Paulson
August 22, 2023
Page 6
2382/037011-0001
19498744 2 a08/22/23
the Town demonstrates that sites of equivalent size were successfully developed during the prior
planning period for an equivalent number of lower income housing units as projected for the site.
(Gov. Code § 65583.2(c)(2)(B).) The Housing Element contains no such supporting analysis.
The reality is that there is no such supporting evidence. For instance, while North 40 Phase I
was planned for 270 units (156 very low, 84 low, 30 moderate, and 0 above-moderate), what was
actually built was 270 above-moderate units, 49 very low units, and 1 moderate unit.
Further, the Town’s Housing Element relies almost exclusively on nonvacant sites to
accommodate its RHNA for lower income households.7 By law, the existing uses on these sites
are deemed to be an impediment to residential development absent substantial evidence to the
contrary. (Gov. Code § 65583.2(g)(2).) Most of the projects the Town relies on to support its
claim that the existing uses are not an impediment are in other jurisdictions. The Housing
Element states that development in those other jurisdictions provide examples of “the type of
development that could be projected to be developed in the Town based on the proposed
Housing Element Overlay Zone.” (Housing Element, Appendix D, p. D-3.) But there is no
evidence to support this statement nor is there any indication that the proposed overlay zone
would pass legal muster.8 As to the few sites in Los Gatos, most appear to be lower density,
single-family developments. (Id. at pp. D-3 to D-4.) Further, the Housing Element cites to
property interest forms without including or detailing the information on those forms, as HCD
previously requested. (Id. at pp. D-4 to D-5.) Absent findings based on substantial evidence, the
existing uses will be presumed to impede additional residential development and cannot be used
to demonstrate adequate sites to accommodate the RHNA. (Id.)
Finally, it is unclear whether the Housing Element complies with Government Code
Section 65583.2(h). That section requires that at least 50 percent of the very low income and
low income housing be located on sites designated for residential use only except that an agency
may accommodate all of its very low and low income housing need on sites designated for mixed
use if those sites allow 100 percent residential use and require that residential use occupy
50 percent of the total floor area of a mixed use project. Of the 50 housing opportunity sites,
only 11 are designated to allow residential units only; the remaining 39 are designed to allow for
commercial and mixed-use opportunities. (Housing Element, Appendix D, p. D-5.) Citing a
mere two previously entitled commercial development projects for which residential
development projects have since been proposed, the Housing Element state that the likelihood
that commercial or mixed-use sites would redevelop without some residential component is
“clearly low.” (Id. at p. D-6.) The law requires more than this. The planning and zoning
7 The only exception appears to be for two very low income units on one vacant parcel:
APN 424-06-116.
8 (See Martinez v. City of Clovis (2023) 90 Cal. App.5th 193 [housing element’s reliance on a
regional housing need overlay zone district failed to comply with State Housing Element Law
because the base zoning allowed development at a density lower than the statutory minimum].)
EXHIBIT A
The loca Ɵon of any recorded public easement, such as easements for uƟliƟes, storm drains, water lines,
and other public rights-of-way.
Whether a por Ɵon of the property is located within any of the following:
Yes No
A very high fire hazard severity zone, as determined by the Department of Forestry and Fire
ProtecƟon pursuant to SecƟon §51178.
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2
(June 21, 1993).
A hazardous waste site that is listed pursuant to SecƟon §65962.5 or a hazardous waste site
designated by the Department of Toxic Substances Control pursuant to SecƟon §25356 of the
Health and Safety Code.
A special flood hazard area subject to inundaƟon by the one (1) percent annual chance flood
(100-year flood) as determined by the Federal Emergency Management Agency in any official
maps published by the Federal Emergency Management Agency.
A delineated earthquake fault zone as determined by the State Geologist in any official maps
published by the State Geologist, unless the development complies with applicable seismic
protecƟon building code standards adopted by the California Building Standards Commission
under the California Building Standards Law [Part 2.5 (commencing with SecƟon §18901) of
Division 13 of the Health and Safety Code], and by any local building department under
Chapter 12.2 (commencing with SecƟon §8875) of Division 1 of Title 2.
A stream or other resource that may be subject to a streambed alteraƟon agreement
pursuant to Chapter 6 (commencing with SecƟon §1600) of Division 2 of the Fish and Game
Code.
SB 330 PRELIMINARY APPLICATION SUBMITTAL CHECKLIST
Page 2 of 2
✔
✔
✔
✔
✔
✔
✔
✔
SENATE BILL 330 PRELIMINARY APPLICATION
PURPOSE
This form serves as the Preliminary ApplicaƟon for housing development projects seeking vesƟng rights
pursuant to SB 330, the Housing Crisis Act of 2019.
GENERAL INFORMATION
An applicant for a housing development project that includes (1) residenƟal units (2) a mix of commercial and
residenƟal uses with two-thirds of the project’s square footage used for residenƟal purposes; or (3)
transiƟonal or supporƟve housing, shall be deemed to have submiƩed a Preliminary ApplicaƟon upon
provision of all of the informaƟon listed in this Preliminary ApplicaƟon form and payment of the permit
processing fee to the agency from which approval for the project is being sought.
AŌer submiƫng this Preliminary ApplicaƟon to the local agency, an applicant has 180 days to submit a full
applicaƟon or the Preliminary ApplicaƟon will expire.
Notes:
1. California Environmental Quality Act (CEQA) and Coastal Act standards apply.
2. AŌer submiƩal of all of the informaƟon required, if the development proponent revises the project to
change the number of residenƟal units or square footage of construcƟon changes by 20 percent or more,
excluding any increase resulƟng from Density Bonus Law, the development proponent must resubmit the
required informaƟon so that it reflects the revisions.
3. SubmiƩal of all the informaƟon listed and payment of the permit processing fee freezes fees and
development standards as of the date that the Preliminary ApplicaƟon is “deemed submiƩed,” unless
excepƟons per Government Code § 65889.5(o) are triggered.
4. Record keeping pertaining to which standards and fees apply at date of submiƩal is imperaƟve, as
penalƟes may apply for imposing incorrect standards.
SITE INFORMATION
1.PÙʹã LÊã®ÊÄ – The specific locaƟon, including parcel numbers, a legal descripƟon, and site address,
if applicable.
Street Address _______________________________________ Unit/Space Number _____________
Legal DescripƟon (Lot, Block, Tract) AƩached? YES NO
Assessor Parcel Number(s) _____________________________________________________________
2.Eø®Ýã®Ä¦ UÝÝ – The exisƟng uses on the project site and idenƟficaƟon of major physical alteraƟons to the
property on which the project is to be located (if you have aƩached a site plan that clearly depicts all
exisƟng uses and proposed physical alteraƟons, please enter “See AƩached Plan” below).
3.S®ã P½Ä – A site plan showing the building(s) locaƟon on the property and approximate square footage
of each building that is to be occupied.
AƩached? YES NO
4.E½òã®ÊÄÝ – All elevaƟons of all buildings showing design, color, material, and the massing and height of
each building that is to be occupied.
AƩached? YES NO
5.PÙÊÖÊÝ UÝÝ – The proposed land uses by number of units and square feet of residenƟal and
nonresidenƟal development using the categories in the Zoning Ordinance.
✔
See Attachment 2, Exhibit A.
529-24-001, 529-24-003, 529-24-032
The Project site is currently occupied by Los Gatos Lodge, a hotel/motel. Onsite operations consist of
temporary (less than 30 days) lodging of hotel guests, meeting and event rooms, recreational areas, dining
areas, routine facility maintenance, accessory office uses and a duplex dwelling unit for hotel staff. In
addition to the buildings and other structures, the Project site is improved with asphalt-paved parking/drive
areas, concrete-paved patios and walkways, a swimming pool, and landscaped areas. (See also
Attachment 3.) With the exception of the duplex dwelling unit, all existing structures and improvements will
be removed for the Project.
✔
✔
SummerHill proposes to develop 158 new three-story for-sale attached townhouses in 28 buildings (multiple-family
dwellings) on a portion of an approximately 8.81-acre tract of land, with associated amenities, landscaping, private
streets, utilities and other infrastructure improvements. The living area of the townhouses will range from approximately
1,270 to 2,230 square feet, with a total living area of approximately 282,931 square feet and a total gross floor area of
approximately 352,919 square feet. Each townhome will have assigned parking, either in an attached garage or in a
shared parking area. The boundaries of the individual townhomes will be established through a condominium plan, and
the community will be governed by a professionally managed homeowners association.
50 Los Gatos-Saratoga Road, Los Gatos, et al.
a. RÝ®Ä㮽 D󽽮Ħ UÄ®ã CÊçÄã:
Please indicate the number of dwelling units proposed, including a breakdown of levels by
affordability, set by each income category.
Other notes on units:
6. F½ÊÊÙ AÙ – Provide the proposed floor area and square footage of residenƟal and nonresidenƟal
development, by building. (AƩach relevant informaƟon by building and totals here. If more space is
needed, enter “See AƩached,” and aƩach a modified table.):
7. PÙ»®Ä¦ – The proposed number of automobile parking spaces:
Number of Units
Market Rate
Manager Unit(s) - Market Rate
Extremely Low Income (%)
Very Low Income (%)
Low Income (%)
Moderate Income (%)
Total Number of Units
Total Number of Affordable Units
Total Number of Density Bous Units
ResidenƟal NonresidenƟal Total
Floor Area (Zoning)
Square Footage of ConstrucƟon
ResidenƟal NonresidenƟal Total Automobile Parking
126 Units
0
0
0
32 Units (20.3%)
0
158 Units
32 Units
5 Units
SummerHill will use a density bonus to achieve 158 units, if necessary. The existing
duplex dwelling unit is not included in the unit counts listed above.
352,919 SF 0 352,919 SF
352,919 SF 0 352,919 SF
351 spaces 0 351 spaces
8. A¥¥ÊÙ½ HÊçݮĦ IÄÄã®òÝ, W®òÙÝ, CÊÄÝÝ®ÊÄÝ Ä PÙ»®Ä¦ Rçã®ÊÄÝ – Will the project
proponent seek Density Bonus incenƟves, waivers, concessions, or parking reducƟons pursuant to
California Government Code SecƟon 65915?
YES NO
If “YES,” please describe:
9. Sç®ò®Ý®ÊÄ – Will the project proponent seek any approvals under the Subdivision Map Act, including,
but not limited to, a parcel map, a vesƟng or tentaƟve map, a condominium map?
YES NO
If “YES,” please describe:
10. Pʽ½çãÄãÝ – Are there any proposed point sources of air or water pollutants?
YES NO
If “YES,” please describe:
11. Eø®Ýã®Ä¦ S®ã CÊÄ®ã®ÊÄÝ – Provide the number of exisƟng residenƟal units on the project site that will
be demolished and whether each exisƟng unit is occupied or unoccupied. Provide aƩachment, if
needed.
Occupied
ResidenƟal Units
Unoccupied
ResidenƟal Units
Total
ResidenƟal Units
ExisƟng
To Be Demolished
✔
SummerHill may utilize: (1) a density bonus, if necessary to achieve 158 units; (2) a concession or waiver to
eliminate mixed-use requirements, if necessary; (3) parking reductions; and/or (4) waivers or reductions of
development standards necessary for the development of the project, potentially including, without limitation:
an increase in the height limit to 45 feet, a reduction of the required private open space and community
recreation open space, a modification of set-to requirements, and/or a waiver of the requirement to provide a
primary entrance for each building. SummerHill reserves the right to request additional concessions, waivers
or reductions pursuant to Gov. Code section 65915.
✔
SummerHill will seek approval of a vesting tentative map and a final map and will record a
condominium map.
✔
2 Units
0
0
0
2 Units
0
12. A®ã®ÊĽ S®ã CÊÄ®ã®ÊÄÝ –
a. Whether a porƟon of the property is located within any of the following:
i. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire
ProtecƟon, pursuant to SecƟon 51178?
YES NO
ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June
21, 1993)?
YES NO
iii. A hazardous waste site that is listed pursuant to SecƟon 65962.5, or a hazardous waste site
designated by the Department of Toxic Substances Control pursuant to SecƟon 25356 of the
Health and Safety Code?
YES NO
iv. A special flood hazard area subject to inundaƟon by the 1 percent annual chance flood (100-year
flood) as determined by any official maps published by the Federal Emergency Management
Agency?
YES NO
v. A delineated earthquake fault zone as determined by the State Geologist in any official maps
published by the State Geologist, unless the development complies with applicable seismic
protecƟon building code standards adopted by the California Building Standards Commission
under the California Building Standards Law (Part 2.5 (commencing with SecƟon 18901) of
Division 13 of the Health and Safety Code), and by any local building department under Chapter
12.2 (commencing with SecƟon 8875) of Division 1 of Title 2?
YES NO
vi. A stream or other resource that may be subject to a streambed alteraƟon agreement pursuant to
Chapter 6 (commencing with SecƟon 1600) of Division 2 of the Fish and Game Code?
YES NO
✔
✔
✔
✔
✔
✔
IF YOU CHECKED "YES" FOR ITEM (vi), ATTACH A SITE MAP SHOWING THE LOCATION OF ANY SUCH
STREAM OR OTHER RESOURCE. REGARDLESS OF WHETHER YOU CHECKED "YES," PROVIDE AN AERIAL
PHOTOGRAPH SHOWING EXISTING ENVIRONMENTAL SITE FEATURES SUBJECT TO REGULATIONS BY A
PUBLIC AGENCY, INCLUDING CREEKS AND WETLANDS.
Check here to indicate you have read this statement and have aƩached the required materials
If “YES” to any, please describe:
b. Does the project site contain historic and/or cultural resources?
YES NO
If “YES,” please describe:
c. Does the project site contain any species of special concern, such as special status flora or fauna,
protected trees, or wildlife?
YES NO
If “YES,” please describe:
d. Does the project site contain any recorded public easement, such as easements for storm drains,
water lines, electricity, and other public rights-of-way?
YES NO
If “YES,” please describe:
IF “YES,” PROVIDE A SITE PLAN SHOWING THE LOCATION OF ANY SUCH EASEMENTS. Check here to
indicate you have read this statement and, if applicable, have aƩached the required materials
✔
None known at this time.
✔
None known at this time. Some of the existing structures are more than 50 years old but
none have been identified as historically or culturally significant.
✔
None known at this time.
✔
The Project site does not contain any recorded public easements such as easements for storm
drains, water lines, electricity and other public rights-of-way. However, the Project site contains
public restrictions and private and/or utility easements for water, road and sewer purposes. See
Attachments 2 & 5.
✔
13. PÙʹã Tà IÄ¥ÊÙÃã®ÊÄ – The applicant’s contact informaƟon and, if the applicant does not own the
property, consent from the property owner to submit the applicaƟon.
AÖÖ½®Äã:
Name _______________________________________ Company/Firm __________________________
Address _______________________________________________ Unit/Space Number _____________
City ________________________________ State ____________ Zip Code _______________________
Telephone _____________________________ Email ________________________________________
Are you in Escrow To Purchase The Property? YES NO
PÙÊÖÙãù OóÄÙ: Same as applicant Di fferent from applicant
Name _______________________________________________________________________________
Company/Firm _______________________________________________________________________
Address _______________________________________________ Unit/Space Number _____________
City ________________________________ State ____________ Zip Code _______________________
Telephone _____________________________ Email ________________________________________
OÖã®ÊĽ: Agent/RepresentaƟve
Name _______________________________________ Company/Firm __________________________
Address _______________________________________________ Unit/Space Number _____________
City ________________________________ State ____________ Zip Code _______________________
Telephone _____________________________ Email ________________________________________
OÖã®ÊĽ: Other
Name _______________________________________ Company/Firm __________________________
Address _______________________________________________ Unit/Space Number _____________
City ________________________________ State ____________ Zip Code _______________________
Telephone _____________________________ Email ________________________________________
Primary Contact for Project: Owner Applicant Agent/Representa Ɵve Other
John Hickey, Vice President of Development SummerHill Homes LLC
777 S. California Ave.
Palo Alto CA 94304
650-842-2360 jhickey@shhomes.com
✔
✔
Keet Nerhan
Los Gatos Lodge, LLC
210 San Mateo Road 201
Half Moon Bay CA 94019
650-726-4457
David J. Bugatto The Bugatto Group, Inc.
300 University Avenue Suite 230
Sacramento CA 95825
916-648-7718 david@thebugattogroup.com
✔
PÙÊÖÙãù OóÄÙ A¥¥®ò®ã
Before the applicaƟon can be accepted, the owner of each property involved must provide a signature to
verify the Preliminary ApplicaƟon is being filed with their knowledge. Staff will confirm ownership based on
the records of the County Assessor. In the case of partnerships, corporaƟons, LLCs or trusts, the agent for
service of process or an officer of the ownership enƟty so authorized may sign as sƟpulated below.
x Ownership Disclosure. If the property is owned by a partnership, corporaƟon, LLC or trust, a disclosure
idenƟfying the agent for service or process or an officer of the ownership enƟty must be submiƩed. The
disclosure must list the names and addresses of the principal owners (25 percent interest or greater).
The signatory must appear in this list of names. A leƩer of authorizaƟon, as described below, may be
submiƩed provided the signatory of the leƩer is included in the Ownership Disclosure. Include a copy of
the current partnership agreement, corporate arƟcles, or trust document as applicable.
x LeƩer of AuthorizaƟon (LOA). A LOA from a property owner granƟng someone else permission to sign the
Preliminary ApplicaƟon form may be provided if the property is owned by a partnership, corporaƟon, LLC
or trust, or in rare circumstances when an individual property owner is unable to sign the Preliminary
ApplicaƟon form. To be considered for acceptance, the LOA must indicate the name of the person being
authorized to file, their relaƟonship to the owner or project, the site address, a general descripƟon of the
type of applicaƟon being filed and must also include the language in items 1-3 below. In the case of
partnerships, corporaƟons, LLCs or trusts, the LOA must be signed by the authorized signatory as shown
on the Ownership Disclosure or in the case of private ownership by the property owner. Proof of
Ownership for the signatory of the LOA must be submiƩed with said leƩer.
x Grant Deed. Provide Copy of the Grant Deed if the ownership of the property does not match local
records. The Deed must correspond exactly with the ownership listed on the applicaƟon.
x MulƟple Owners. If the property is owned by more than one individual (e.g., John and Jane Doe, or
Mary Smith and Mark Jones) signatures are required of all owners.
1.I hereby cerƟfy that I am the owner of record of the herein previously described property located in the Town
of Los Gatos which is involved in this Preliminary ApplicaƟon, or have been empowered to sign as the owner
on behalf of a partnership, corporaƟon, LLC, or trust as evidenced by the documents aƩached hereto.
2.I hereby consent to the filing of this Preliminary ApplicaƟon on my property for processing by the
Town of Los Gatos Community Development Department for the sole purpose of vesƟng the proposed
housing project subject to the Planning and Zoning ordinances, policies, and standards adopted and in effect
on the date that this Preliminary ApplicaƟon is deemed submiƩed.
3.Further, I understand that this Preliminary ApplicaƟon will be terminated and vesƟng will be forfeited if the
housing development project is revised such that the number of residenƟal units or square footage of
construcƟon increases or decreases by 20 percent or more, exclusive of any increase resulƟng from the
receipt of a density bonus, incenƟve, concession, waiver, or similar provision, and/or an applicaƟon
requesƟng approval of an enƟtlement is not filed with Town of Los Gatos Community Development
Department within 180 days of the date that the Preliminary ApplicaƟon is deemed complete.
4.By my signature below, I cerƟfy that the foregoing statements are true and correct.
Signature ____________________________________ Signature ____________________________________
Printed Name _________________________________ Printed Name _________________________________
Date ________________________________________ Date ________________________________________
^/'EdhZ ^ KE &K>>Kt/E' W'
Attachment 2 to SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
SUPPLEMENTAL RESPONSES
1. Project Location – The specific location of the Project, including parcel numbers, a legal description,
and site address:
Primary Address: 50 Los Gatos-Saratoga Road, Los Gatos, California
Other Addresses:
• 92 Los Gatos-Saratoga Road1
• 96 Los Gatos-Saratoga Road2
• 225 Bella Vista Avenue
• 227 Bella Vista Avenue
APNs:
• 529-24-001
• 529-24-003
• 529-24-032
Legal Description:
• See Exhibit A (Legal Description of Project Site).
2. Existing Uses – The existing uses on the project site and identification of major physical alterations
to the property on which the project is to be located:
The Project site is currently occupied by Los Gatos Lodge, a hotel/motel. Onsite operations
consist of temporary (less than 30 days) lodging of hotel guests, meeting and event rooms,
recreational areas, dining areas, routine facility maintenance, accessory office uses and a duplex
dwelling unit for hotel staff. In addition to the buildings and other structures, the Project site is
improved with asphalt-paved parking/drive areas, concrete-paved patios and walkways, a
swimming pool, and landscaped areas. With the exception of the duplex dwelling unit, all
existing structures and improvements will be removed for the Project. See also Attachment 3
(ALTA/ACSM Land Title Survey).
3. Site Plan – A site plan showing the building location(s) on the property and approximate square
footage of each building that is to be occupied:
See Attachment 4 (Site Plan & Elevations).
1 See https://tlggis.losgatosca.gov/. Address not used.
2 See https://tlggis.losgatosca.gov/. Address not used.
Attachment 2 to SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
2 2023-06-21
4. Elevations – Elevations of each building showing design, color, material, and the massing and height
of each building that is to be occupied:
See Attachment 4 (Site Plan & Elevations). SummerHill welcomes comments from the Town of
Los Gatos regarding the proposed architectural style. SummerHill is open to the possibility of a
more traditional architectural style if that would be preferred.
12.a.iv. Special Flood Hazard Area – Is the site in a special flood hazard area subject to inundation by
the 1 percent annual chance flood (100-year flood) as determined by any official maps published
by the Federal Emergency Management Agency?
No, the site is not in a Special Flood Hazard Area. However, as with a substantial portion of Los
Gatos between Los Gatos Boulevard and N. Santa Cruz Avenue, the site is in an area of potential
flooding due to dam failure.
12.a.v. Earthquake Fault Zone – Is the site in a delineated earthquake fault zone as determined by the
State Geologist in any official maps published by the State Geologist?
No, the site is not in in a delineated earthquake fault zone as determined by the State Geologist
in any official maps published by the State Geologist.
According to the Geology Chapter of the General Plan Background Report, fault traces belonging
to numerous faults, including the Shannon and Monte Vista Faults, are located in the vicinity of
Los Gatos. As a result, significant bands of both high and moderate fault rupture hazard cover
most of the Town of Los Gatos. These zones are generally northwest/southeast running, in
conformance with the direction of the surrounding San Andreas and Monte Vista Fault systems.
Nearly the entire southern portion of the Town is an area of high fault rupture hazard. Smaller
portions of central Los Gatos are of moderate rupture hazard, while a large zone of high rupture
hazard intersects the northern portion of Town. The Public Record indicates only small portions
of northern, central and southern Los Gatos lie outside of fault rupture areas.
The project will comply with applicable seismic protection building code standards adopted by
the California Building Standards Commission under the California Building Standards Law and
by the Town of Los Gatos under Chapter 12.2 of Division 1 of Title 2 of the Government Code.
12.a.vi. Aerial Photograph – Provide an aerial photograph showing existing environmental site features
subject to regulation by a public agency, including creeks and wetlands.
See Attachment 5 (Record Boundary Exhibit & Aerial Photograph). The Project site does not
contain any creeks, wetlands or other environmental site features subject to regulation by a
public agency.
12.d. Recorded Public Easements – Does the project site contain any recorded public easements,
such as easements for storm drains, water lines, electricity, and other public rights-of-way?
The Project site does not contain any recorded public easements such as easements for storm
drains, water lines, electricity and other public rights-of-way. However, the Project site contains
the following public restrictions and private easements for water, road and sewer purposes:
Attachment 2 to SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
3 2023-06-21
1. An easement for water pipe lines and aqueducts and incidental purposes, recorded May
25, 1870 in Book 18 of Deeds, Page 88, between John Goldsworthy et al. and San Jose
Water Company.
2. The fact that the ownership of said land does not include any right of ingress or egress to
or from the highway contiguous thereto, said rights have been condemned by final decree
of condemnation, a certified copy of which was recorded March 08, 1955 in Book 3108,
Page 322, of Official Records.
3. A waiver of any claims for damages by reason of the location, construction, landscaping or
maintenance of a contiguous freeway, highway, roadway or transit facility as contained in
the document recorded March 17, 1955 as Book 3117, Page 135 of Official Records.
4. The terms and provisions contained in the document entitled "Agreement" for road and
sewer purposes, recorded November 05, 1957 as Book 3930, Page 579 of Official Records,
between Joseph Moucressey et al. and Milton K. Lepetich et al.
5. The fact that the land lies within the boundaries of the Central Los Gatos Redevelopment
Project Area, as disclosed by the document recorded December 05, 1991 as Book L955,
Page 1734 in Instrument No. 11155292 of Official Records.
6. The terms, provisions and easement(s) contained in the document entitled "Grant of
Easement" recorded November 07, 2012 as Document No. 21942580 of Official Records,
by and between Los Gatos Lodge LLC and San Jose Water Company.
For further detail, please see Attachment 5 (Record Boundary Exhibit and Aerial Photograph).
777 S. California Avenue, Palo Alto, CA 94304 phone 650.857.0122 fax 650.857.1077 SHHomes.com
June 30, 2023
VIA ELECTRONIC MAIL
Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
jpaulson@losgatosca.gov
Re: SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
APN 529-24-001, -003 & -032
Dear Mr. Paulson:
Thank you for the collaboration the Town of Los Gatos has extended to us through your Department
regarding our inquiries in connection with our proposed development project at 50 Los Gatos-Saratoga
Road.
SummerHill Homes hereby submits a Preliminary Application for a proposed housing development project
at 50 Los Gatos-Saratoga Road. This letter and the enclosed information constitute the submittal materials
required to satisfy the application checklist for a Preliminary Application under Government Code section
65941.1(a). We have been told by the Planning Department that no permit processing fee is due for
Preliminary Applications submitted on or before June 30, 2023.
SummerHill proposes to develop 158 new three-story for-sale townhouses on a portion of an approximately
8.81-acre tract of land (APN 529-24-001, -003 & -032), with associated amenities, landscaping, private
streets, utilities and other infrastructure improvements. The living area of the townhouses will range from
approximately 1,270 to 2,230 square feet, with a total living area of approximately 282,930 square feet.
Each townhome will have assigned parking, either in an attached garage or in a shared parking area. The
boundaries of the individual townhomes will be established through a condominium plan, and the
community will be governed by a professionally managed homeowners association. SummerHill will work
with the Town to modify or refine the proposed architectural style through the design review process.
SummerHill intends to designate 20 percent of the townhomes in the Project for lower income households.
As a result, the Project is a housing development project protected by the provisions of the Housing
Accountability Act (Gov. Code § 65589.5), including without limitation the provisions of Section
65589.5(d)(5). (The Project does not fall within the provisions of Section 65589.5(d)(1) through (4).) The
Project is also entitled to the benefits of the State Density Bonus Law (Gov. Code § 65915 et seq.).
Joel Paulson
Community Development Director
June 30, 2023
Page 2 of 2
The Project site is designated as Mixed Use in the Town’s currently applicable 2020 General Plan and is
zoned CH (Restricted Commercial Highway) with a PD (Planned Development) overlay. SummerHill
anticipates that the Project may require City approval of a vesting tentative subdivision map, a conditional
use permit, and architecture and site approval, with review generally limited to compliance with applicable
objective development standards in effect as of the date of this Preliminary Application and applicable state
and federal law. SummerHill also may use the benefits available under the State Density Bonus Law, as
preliminarily outlined in the enclosed materials (subject to refinement as the Project application proceeds).
SummerHill intends to submit a full application for all required entitlements within 180 days of this
Preliminary Application.
SummerHill is excited to work with the Town to provide much needed housing for the community. We have
met individually with members of the Town Council about the Project, and we appreciate the comments
and observations that we’ve received. We would be happy to discuss the Project with you further. Please
let us know if you have any questions.
Sincerely,
John Hickey
Vice President of Development
cc: Los Gatos Planning Department (planning@losgatosca.gov)
Kevin Ebrahimi, Senior Vice President of Development
Keet Nerhan, Los Gatos Lodge, LLC
David J. Bugatto, The Bugatto Group, Inc.
Attachments:
SB 330 Preliminary Application Checklist & Form
1. Property Owner Information and Consent
2. Supplemental Responses
3. ALTA/ACSM Land Title Survey
4. Site Plan & Elevations
5. Record Boundary Exhibit & Aerial Photograph
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
July 6, 2023
John Hickey, Vice President of Development
SummerHill Homes LLC
777 California Avenue
Palo Alto, CA 94304-1179
Via email
RE: 50 Los Gatos-Saratoga Road
Senate Bill 330 Preliminary Application PRE23-00824
Preliminary Application Under Senate Bill (SB) 330 for Construction of a Residential
Development (158 Residential Units) on Property Zoned CH:PD. APNs 529-24-001,
-003, and -032.
PROPERTY OWNER: Keet Nerhan. APPLICANT: John Hickey, SummerHill Homes LLC.
Thank you for submitting your SB 330 preliminary application for a proposed project at 50 Los
Gatos-Saratoga Road. The preliminary application materials were received on June 30, 2023.
The preliminary application has been determined to be compliant with the submittal
requirements of California Government Code §65941.1 (a) and is deemed submitted as of July
6, 2023. Your submittal invokes Government Code Section 65589.5(d)(5). Please note that the
Town adopted its Housing Element on January 30, 2023.
Pursuant to California Code §65941.1 (d)(1), a formal application for development must be
submitted within 180 calendar days after submitting a preliminary application with all the
required information. The formal application must be received no later than January 2, 2024.
If a formal application is not received within 180 days, this preliminary application is considered
expired.
The Town looks forward to receiving your formal application.
Best regards,
Jennifer Armer, AICP
Planning Manager
JArmer@losgatosca.gov
(408) 399-5706
cc: David Bugatto, The Bugatto Group, Inc., Owner Representative
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT B
4860-2020-1565 v1 1
North 40 Phase II – SB 330 Pre-Application
8. Affordable Housing Incentives, Waivers, Concessions and Parking Reductions – Will the
project proponent seek Density Bonus incentives, waivers, concessions, or parking reductions
pursuant to California Government Code Section 65915?
The Project proponent will seek bonus units, incentives or concessions, waivers, and parking
reductions pursuant to the State Density Bonus Law (Gov. Code § 65915). The Project is
designated for 461 units in the Town’s adopted Housing Element, which equates to a density of
approximately 30 dwelling units per acre (du/ac). The Project is consistent with the density
specified in the Housing Element, as it proposes 437 units on the 15.3-acre project site for a gross
density of 28.6 du/ac and a net density of 33.36 du/ac, assuming a 13.1 acres developable site after
removing area for roadway widths. With the bonus units the Project is eligible for under the State
Density Bonus Law, the Project is consistent the Town’s density limit established in the Housing
Element.
As explained elsewhere in this Preliminary Application, the Project will dedicate 88 of its 437
units, twenty percent of the total, as units that will be sold or rented to lower income households,
as defined in Section 50079.5 of the Health and Safety Code at a monthly cost that does not exceed
30 percent of 60 percent of the area median income. By providing this level of affordability, the
Project is entitled to the following benefits under State Density Bonus Law:
A density bonus of 35% above the otherwise maximum allowable residential density (Gov.
Code § 65915(f)(1);
Two incentives or concessions (Gov. Code § 65915(d)(2)(B); for purposes of the State
Density Bonus Law, the terms “incentives” and “concessions” are interchangeable, and
this summary will use “concession” going forward);
Waivers or reductions for “any development standard that will have the effect of
physically precluding the construction of a development” that provides enough affordable
housing to qualify for the State Bonus Law (Gov. Code § 65915(e)); and
Minimum parking requirements, inclusive of guest parking and including paring provided
in uncovered or tandem spaces, that do not exceed the following ratios:
o Zero to one bedroom: one onsite parking space
o Two to three bedrooms: one and one-half onsite parking spaces
o Four and more bedrooms: two and one-half parking spaces (Gov. Code §
65915(p)).
As detailed below, the Project proponent will request to use the State Density Bonus Law’s bonus
units, concessions, waivers, and parking reduction benefits to allow the development of the Project
as proposed. The discussion below is intended to identify anticipated State Density Bonus Law
requests in connection with the Preliminary Application; further discussion and analysis will be
provided in connection with the Project’s formal development application. In addition, although
the discussion below is complete for purposes of the anticipated State Density Bonus Law requests
at this time, the Project proponent reserves the right to modify the request to include different or
additional concessions and waivers if needed to address additional, applicable development
standards.
4860-2020-1565 v1 2
Bonus Units
The Housing Element establishes a base density of approximately 30 du/ac. Applied to the 13.1
net acres of the Project site, this would result in 393 units. The 35% density bonus entitles the
Project to up to 530 units. The Project proposes 437 units, well within the density permitted by
the Housing Element and State Density Bonus Law.
Concessions
1. Allow residential uses on the ground floor of buildings. Section 2.5.10c of the North 40
Specific Plan prohibits residential uses on the ground floor of buildings in the Northern
District, which covers the Project site. Because the Housing Element designates the Project
site as a site that is suitable for very low, low-, or moderate-income households at a
residential density of 30 du/ac, inconsistency with this zoning standard is not a basis to
deny the Project under Government Code section 65589.5(d)(5)(A). Accordingly, we do
not believe that this standard is applicable to the Project. However, to the extent it applies,
the Project proponent requests a concession to allow residential uses on the ground floor
of buildings. Although portions of the Project incorporate commercial elements, it is not
financially feasible to develop commercial spaces in the ground floor of all the buildings
on the Project site. Therefore, eliminating this development standard will result in cost
savings to help provide the level of affordability proposed.
2. Relief from Intersection Improvement Standards. Section 4.6 of the North 40 Specific Plan
calls for the first developer in the Northern District of the Specific Plan Area to improve
the Los Gatos Boulevard/Samaritan Drive/Burton Road intersection by converting the
existing eastbound lane on Burton Road to a through/left turn lane, adding one dedicated
eastbound left turn lane and one eastbound right turn lane on Burton Road at Los Gatos
Boulevard (including widening Burton Road for about 200 feet west from Los Gatos
Boulevard), and making Burton Road a through road. Although the Project proponent
would be the first developer in the Northern District of the Specific Plan Area, the
improvements require expanding the right-of-way over property that the Project proponent
does not own or control, and the Project proponent proposes to limit Burton Road to
emergency vehicle access only. Accordingly, eliminating this development standard will
result in cost savings by removing the need to acquire additional land for intersection
improvements; moreover, by limiting Burton Road to EV access, there is no longer a need
to implement the intersection improvements previously identified.
Waivers
1. Increased Maximum Height. Section 2.5.2 of the North 40 Specific Plan sets a maximum
building height of 30 feet across the Project site. The Project requires a waiver to allow
the Affordable Multifamily units to achieve a maximum height of 60 feet, the Townhome
units to achieve a maximum height of 37 feet, and the Mixed-Income Multifamily units to
achieve a maximum height of 94 feet. The Specific Plan’s development standards do not
accommodate the Project’s proposed density of 28.6 du/ac, which is allowed pursuant to
4860-2020-1565 v1 3
the adopted Housing Element. Increased height is necessary for each proposed building
typology to accommodate the proposed unit count and necessary parking facilities across
the Project site.
2. Modified Street Sections. Section 4.13.3 of the North 40 Specific Plan defines a 40’ road
section for Section 6d of North A Street with two 12’ drive lanes and two 8’ parking lanes.
The Project proposes wider sidewalks, bicycle lanes, and reduced lane widths;
accommodating all of the proposed facilities in the street would require additional right of
way that would reduce the amount of developable area for buildings, resulting in a lower
unit count. Therefore, the Project proponent requests a waiver from the required street
section dimensions.
3. Deviations from Objective Design Standards. The Town adopted “Objective Design
Standards for Qualifying Multi-Family and Mixed-Use Residential Development” that
applies to multi-family and residential mixed-use developments. The Standards provide
that these standards are only to be used for review of qualifying projects where Town
review, approval, and/or denial is limited to only objective design standards. For projects
that will proceed through the standard review process, the objective design standards would
not apply. The Project has been designed to comply with as many of the objective design
standards as feasible while meeting the unit count called for in the Housing Element;
however, to physically fit the Project as designed at the density allowed, the following
standards must be waived:
o A.2. Short-Term Bicycle Parking requirements cannot be accommodated for
residential uses while maintaining adequate space for buildings and open space.
o 3.4.e: dimensions of long-term bicycle spaces are proposed to be accommodated
with stacked parking to save space for residential units.
o A.11.1.b: The Affordable Multifamily building cannot accommodate balconies and
cannot meet the private open space requirements while maintaining the unit count;
the Mixed-Income Multifamily building can accommodate balconies on only 50%
of the units
o A.12.1: The Townhomes deviate from the continuous frontage requirement
o B.1.2: Upper story stepbacks reduce the residential unit count
o B.4.3: The Affordable Multifamily Building cannot reach 16 points through street-
facing façade plan variation while maintaining its unit count
o B.4.5: The Townhomes do not change materials at the inside corners
o B.4.11: The Mixed-Income Multifamily Building’s balconies extend into the
airspace beyond the building footprint
Parking Reduction
Based on the bedroom count for the proposed residential units, Section (p)(1) of the State
Density Bonus Law requires 592 parking spaces for the Project’s 437 units. Section 2.5.8 of the
North 40 Specific Plan requires 50 additional spaces for the Project’s commercial uses, for a total
of 642 spaces. The Project proposes 730 parking spaces, which satisfies the applicable parking
requirements.
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
April 18, 2023
Steve Buster
Grosvenor USA Limited
One California Street, Suite 3000
San Francisco, CA 95032
Via email
RE: 14859 Los Gatos Boulevard
Senate Bill 330 Preliminary Application PRE23-00472
Preliminary Application Under Senate Bill (SB) 330 for Construction of a Mixed-Use
Development (437 Residential Units) on Property Zoned North Forty Specific Plan.
APN 424-07-009, -053, -081, -094, -095, -115, and -116.
PROPERTY OWNER: Yuki Farms, LLC
APPLICANT: Steve Buster, Grosvenor USA Limited
Thank you for submitting your SB 330 preliminary application for a proposed project at 14859
Los Gatos Boulevard. The preliminary application materials were received on April 17, 2023.
The preliminary application has been determined to be compliant with the submittal
requirements of California Government Code §65941.1 (a) and is deemed submitted as of April
18, 2023.
Pursuant to California Code §65941.1 (d)(1), a formal application for development must be
submitted within 180 calendar days after submitting a preliminary application with all the
required information. The formal application must be received no later than October 15, 2023.
If a formal application is not received within 180 days, this preliminary application is considered
expired.
The Town looks forward to receiving your formal application.
Best regards,
Jennifer Armer, AICP
Planning Manager
JArmer@losgatosca.gov
(408) 399-5706
cc: Don Capobres, Harmonie Park Development Group LLC
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
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