Exhibit 22 - Required Findings and ConsiderationsS:\PLANNING COMMISSION REPORTS\2025\10-29-2025 SPECIAL\Item 1 - N40 Phase II\Exhibit 22 - Required Findings and Considerations.docx
PLANNING COMMISSION – October 29, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116
Architecture and Site Application S-23-031
and Subdivision Application M-23-005
Consider a Request for Approval to Construct a Mixed-Use Residential Development
(450 Units), a Vesting Tentative Map, Site Improvements Requiring a Grading Permit,
and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property
Zoned North Forty Specific Plan: Housing Element Overlay Zone. Located at 14859,
14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270 Burton
Road; and Assessor Parcel Number 424-07-116. APNs 424-07-009, -052, -053, -081, -
094, -095, -115, and -116. Additional Environmental Review is Necessary Pursuant to
CEQA Guidelines Section 15183: Projects Consistent with a Community Plan, General
Plan, or Zoning Since the Proposed Project’s Environmental Impacts were Adequately
Addressed in the 2040 General Plan EIR.
Property Owner: Yuki Farms LLC
Applicant: Grosvenor Property Americas c/o Steve Buster
Project Planner: Jocelyn Shoopman
FINDINGS
Required finding for CEQA:
■ An Initial Study was prepared for the project concluding that additional environmental review
is not necessary pursuant to California Environmental Quality Act (CEQA) Guidelines Section
15183: Projects Consistent with a Community Plan, General Plan, or Zoning since the
proposed project’s environmental impacts were adequately addressed in the 2040 General
Plan EIR.
Required finding for consistency with the Town’s General Plan:
■ That the project is consistent with the General Plan with the incentives, concessions, waivers,
and parking reductions requested pursuant to State Density Bonus Law.
Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act, the map shall be denied if any
of the following findings are made: None of the findings could be made to deny the
application.
EXHIBIT 22
S:\PLANNING COMMISSION REPORTS\2025\10-29-2025 SPECIAL\Item 1 - N40 Phase II\Exhibit 22 - Required Findings and Considerations.docx
Instead, the Town Council makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan.
b. That the design and improvement of the proposed subdivision is consistent with all
elements of the General Plan.
c. That the site is physically suitable for the type of development.
d. That the site is physically suitable for the proposed density of development
e. That the design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat
f. That the design of the subdivision and type of improvements is not likely to cause serious
public health problems.
g. That the design of the subdivision and the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) with the concessions, waivers, and parking reductions requested pursuant to
State Density Bonus Law.
Required compliance with the North Forty Specific Plan:
■ The project meets the objective standards of the North 40 Specific Plan with the
concessions, waivers, and parking reductions requested pursuant to State Density Bonus
Law.
Required compliance with the Town of Los Gatos Objective Design Standards for Qualifying
Multi-Family and Mixed-Use Residential Development:
■ The project meets the Town of Los Gatos Objective Design Standards for Qualifying Multi-
Family and Mixed-Use Residential Development with the waivers requested pursuant to
State Density Bonus Law.
Required for granting concession and waivers pursuant through State Density Bonus Law:
Concession(s) or incentive(s)
■ CA Government Code Section 65915:
(d) The Town shall grant concession(s) or incentive(s) requested by the applicant unless the
Town makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost
reductions, consistent with subdivision (k), to provide for affordable housing costs,
S:\PLANNING COMMISSION REPORTS\2025\10-29-2025 SPECIAL\Item 1 - N40 Phase II\Exhibit 22 - Required Findings and Considerations.docx
as defined in Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse impact, as defined in
paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety
or on any real property that is listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact without rendering the development
unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law.
Waivers
■ CA Government Code Section 65915 (a)(2):
The Town shall grant waivers to the Town’s development standards requested by the
applicant unless the Town makes a written finding, based upon substantial evidence, that the
development standard for which the waiver is requested would not physically preclude the
construction of the development at the densities and with the concession permitted through
State Density Bonus Law.
Required finding pursuant to state density bonus law and the state Housing
Accountability Act for imposition of the condition regarding construction of the
affordable housing units:
1. In accordance with Government Code Section 65915(d)(1)(C), the Town finds
that the applicant’s requested incentive/concession to phase or delay
development of the below market price units until after all of the market rate
townhomes have been developed, with no schedule for developing the
affordable units or evidence that financing can be obtained for the affordable
units, is contrary to state law, as follows:
a. The Housing Crisis Act of 2019 (Government Code Sections 66300.5 and
66300.6) provides that the Town shall not approve a housing development
project that proposes to demolish one or more protected units (as that term
is defined in state law) unless the housing development project will replace
each demolished protected unit with a comparable new unit in the new
development and provide each lower-income household that is displaced
with a right to return to a comparable unit in the new development at a rent
and housing cost that is affordable to their household. There are currently
eight residential dwelling units on the project site, which will be demolished
in order to develop the project. Four of these units qualify as a “protected
unit” because they have or have been occupied by a lower-income
household in the past five years. As proposed with the requested
incentive/concession, the project is contrary to state law because the
protected units will be demolished with no assurance that they will ever be
S:\PLANNING COMMISSION REPORTS\2025\10-29-2025 SPECIAL\Item 1 - N40 Phase II\Exhibit 22 - Required Findings and Considerations.docx
replaced with comparable and affordable units in the new development and
that the lower-income households residing in those protected units will be
provided with a right to return.
b. State density bonus law requires that the applicant agree to construct
housing development containing specified percentages of affordable units to be
eligible for incentives, concessions, and waivers. As proposed, the requested
incentive/concession is contrary to state law, because the applicant has not
agreed to construct the required affordable units needed to entitle the project
to two concessions and numerous waivers of development standards.
2. Because the requested concession is contrary to state law, the Town denies the
concession.
3. To ensure that the project complies with state law and to maintain the project’s
eligibility for the requested concessions and waivers, the Town is adopting a
condition of approval to require that the affordable units be constructed
concurrently with the rest of the project.
4. In accordance with Government Code Section 65589.5, the Town finds that the
condition of approval related to the provision of affordable units is necessary
for the project to comply with state law and the Town’s standards and policies,
which are consistent with meeting the Town’s share of the regional housing
need pursuant to Section 65584, because:
a. Government Code Section 65915 (b)(1) and (d)(2) required that the
applicant provide 17% of the total units in the project as affordable to
lower-income households in order to be eligible for a density bonus, two
incentives/concessions, and waivers; and
b. The Town’s Below Market Price housing regulations require that 20% of the
market-rate housing units be affordable to low-income households.
Required finding for consistency with California Government Code Section 65863 regarding
state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law:
As required by Government Code Section 65863 to approve this housing development project,
the Town makes the following No-Net-Loss findings:
▪ The applicant proposes a housing development project on one or more parcels
identified in the Sites Inventory of the Town’s Housing Element;
▪ The applicant proposes to provide fewer units by income category than was identified
for those parcels in the sites inventory. Specifically, the project will provide fewer
Very Low- and Moderate-Income units than identified in the Housing Element Sites
Inventory, but will provide more Low- and Above Moderate-Income units;
▪ The remaining sites identified in the Sites Inventory of the Town’s Housing Element
are not adequate to meet the requirements of Section 65583.2 and to accommodate
S:\PLANNING COMMISSION REPORTS\2025\10-29-2025 SPECIAL\Item 1 - N40 Phase II\Exhibit 22 - Required Findings and Considerations.docx
the Town’s regional housing needs allocation (RHNA) for the planning period by
income category, specifically its RHNA for the Very Low- and Moderate-Income
categories pursuant to Section 65584;
▪ The remaining unmet need for the Town’s RHNA at each income level and the
remaining capacity of the sites in the Town’s Housing Element are quantified in the
table below, which is incorporated in the Town’s findings; and
▪ Within 180 days of approval of the project, the Town will identify and rezone additional
site(s) to accommodate its remaining RHNA for the Very Low- and Moderate-Income
categories.
No Net Loss Evaluation
Evaluation of the Proposed Project’s Impact on the Cumulative Housing Element Sites Inventory Surplus
Units by Income Category
Very Low Low Moderate Above
Moderate
Net Total
Housing Element Sites
Inventory Surplus 101 78 138 558 601
Net Site-Level Impact from
the Proposed Project to
Housing Element Assumed
Development Potential -117 -79 -92 286 -14
Remaining Housing Element
Sites Inventory Surplus with
Project Approval -16 33 -6 122 898
CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the applicable considerations in
review of an Architecture and Site application were all made in reviewing this project.
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