Staff Report with Exhibits 21 through 26.North Forty Phase II
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, 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: 10/29/2025
ITEM NO: 1
DATE: October 24, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request 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. Architecture
and Site Application S-23-031 and Subdivision Application M-23-005.
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, as Applicable. Property Owner: Yuki
Farms LLC. Applicant: Grosvenor Property Americas c/o Steve Buster. Project
Planner: Jocelyn Shoopman.
RECOMMENDATION:
Consider a request 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 (HEOZ), located at 14859, 14917, 14925, and 16392 Los Gatos Boulevard;
16250, 16260, and 16270 Burton Road; and Assessor Parcel Number 424-07-116.
PROJECT DATA:
General Plan Designation: North Forty Specific Plan (NF-SP)
Zoning Designation: NF-SP:HEOZ, Housing Element Overlay Zone
Applicable Plans & Standards: General Plan; Objective Design Standards for Qualifying
PAGE 2 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
Multi-Family and Mixed-Use Residential Development; and
NF-SP
Parcel Size: 682,017 square feet (15.65 acres)
Surrounding Area:
CEQA:
An Initial Study (Exhibit 21) 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.
FINDINGS:
▪ As required, additional environmental review is not necessary pursuant to CEQA Guidelines
Sections 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;
▪ As required that the project is consistent with the General Plan with the incentives,
concessions, waivers, and parking reductions requested pursuant to State Density Bonus
Law;
▪ As required by Section 66474 of the Subdivision Map Act;
▪ 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;
▪ The project meets the objective standards of the North Forty Specific Plan with the
incentives, concessions, waivers, and parking reductions requested pursuant to State
Density Bonus Law;
▪ 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;
▪ As required by State Density Bonus Law for granting concessions pursuant to California
Government Code Section 65915 (d) and for granting waivers pursuant to California
Government Code Section 65915 (a)(2); and
Existing Land Use General Plan Zoning
North Residential and Commercial NF-SP NF-SP:HEOZ
South Residential NF-SP NF-SP:HEOZ
East Residential and Commercial Mixed Use
Commercial
R-1:10, C-1, CH:PD, and NF-SP
West Highway 17 N/A N/A and NF-SP
PAGE 3 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
▪ As required by California Government Code Section 65863 regarding state RHNA
requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law.
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The Planning Commission will provide a recommendation to the Town Council who will render
the final decision on the proposal.
BACKGROUND:
On April 30, 2025, the Planning Commission held a special meeting to consider the request,
take public comment, and discuss the project. The Planning Commission continued the item to
a date uncertain pending completion of the environmental analysis.
As discussed in the April 30, 2025, staff report, the Housing Crisis Act of 2019, or SB 330 statute,
requires that a final decision on a project be made in no more than five public hearings,
including appeals. The SB 330 preliminary application for this project achieved a vesting date of
April 18, 2023. The Planning Commission meeting of October 29, 2025, is the second public
hearing for this application.
A. Housing Accountability Act
The Housing Accountability Act (“HAA”) is codified at Government Code Section 65589.5.
Per the HAA, a local agency may not deny, reduce the density of, or make infeasible housing
development projects that are affordable to low- or moderate-income households and are
consistent with local objective development standards.
In order for a development to qualify for the protections under the HAA it must meet the
definition of a “housing development project.” Furthermore, for a project to qualify for the
affordable housing protections, it must also meet the definition of “Housing for very low-,
low-, or moderate-income households.”
1) What is an eligible housing development project?
Pursuant to Government Code Section 65589.5(h)(2), a “housing development project”
is a use consisting of residential units only, mixed use developments consisting of
residential and non-residential uses with at least two-thirds of the square footage
PAGE 4 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
designated for residential use, or transitional or supportive housing. Because the term
“units” is plural, a development must consist of more than one unit to qualify under the
HAA. The development can consist of attached or detached units and may occupy more
than one parcel, so long as the development is included in the same development
application.
Pursuant to Government Code Section 65589.5(h)(3), “a housing development
affordable to lower- or moderate- income households” means a project that provides
either of the following:
• At least 20 percent of the total units shall be sold or rented to lower income
households. Lower-income households are those persons and families whose
income does not exceed that specified by Health and Safety Code, § 50079.5, which
is 80 percent of area median income.
• 100 percent of the units shall be sold or rented to persons and families of moderate
income, or persons and families of middle income. Moderate-income households
are those persons and families whose incomes are 80 percent to 120 percent of area
median income (Health and Safety Code, § 50093.) Middle-income households are
those persons and families whose income does not exceed 150 percent of area
median income (Gov. Code, § 65008 subd. (c).)
In addition, the rent or sales prices of the affordable housing that is provided cannot
exceed the following:
• For lower-income units, the monthly housing cost does not exceed 30 percent of 60
percent of area median income with adjustments for household size made in
accordance with the adjustment factors on which the lower income eligibility limits
are based.
• For moderate-income units, the monthly housing cost does not exceed 30 percent of
100 percent of area median income with adjustments for household size made in
accordance with the adjustment factors on which the moderate-income eligibility
limits are based.
2) What are Objective Development Standards?
Pursuant to Government Code Section 65589.5(f), local agencies are not prohibited
from requiring a housing development project to comply with objective, quantifiable,
written development standards, conditions, and policies that were in effect at the time
of project vesting. Those standards, conditions, and policies must meet the following
criteria:
- Be appropriate to, and consistent with, meeting the local agency’s share of its
Regional Housing Needs Allocation;
PAGE 5 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
- Be applied to facilitate and accommodate development at the density permitted on
the site and proposed by the development; and
- Meet the definition of “objective.” Objective standards are those that involve no
personal or subjective judgment by a public official and are uniformly verifiable by
reference to an external and uniform benchmark or criterion available and knowable
by both the development applicant and the public official.
3) HAA Provisions Addressing Disapproval of Housing Development Projects
Pursuant to Government Code Section 65589.5, the HAA limits, but does not prohibit a
local agency from disapproving a housing development project. The HAA defines
“disapproval” to include the following:
- A vote to disapprove a housing development project application.
- Failure to comply with statutory deadlines for a decision, including, but not limited
to:
o 90 days after certification of an environmental impact report pursuant to the
California Environmental Quality Act (“CEQA”);
o 60 days from the date of adoption of a negative declaration pursuant to
CEQA;
o 60 days from a determination by the local agency that the project is exempt
from CEQA.
The foregoing is a non-exhaustive list of the local agency actions that constitute
“disapproval” of a housing development project under the HAA.
4) Ability to Impose Development Conditions
The HAA does not prohibit a local agency from imposing conditions of approval on
housing development projects. However, the HAA limits the application of conditions
that lower the residential density of the project and, for housing affordable to low- and
moderate-income households, would render the project economically infeasible or
would have a substantial adverse effect on the viability of the proposed housing --
unless specific findings are made and supported by a preponderance of evidence in the
record. The “preponderance of the evidence” standard requires that local agencies
weigh the evidence and conclude that the evidence on one side outweighs the evidence
on the other side (i.e. 51 percent to 49 percent).
5) Determination of Consistency with Applicable Standards is Based on “Reasonable
Person” Standard
In most cases, courts will uphold an agency’s determination if there is “substantial
evidence” to support that determination. “Substantial evidence” means that there is
PAGE 6 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
reasonable, adequate evidence in in the administrative record to support of the
agency’s findings. However, when a project is subject to the HAA, a housing
development project will be deemed consistent with local standards if there is
substantial evidence that could allow a “reasonable person” to conclude that it is
consistent.
6) Application of State Density Bonus Law
The use of a density bonus pursuant to state density bonus law does not constitute a
valid basis on which to find a proposed housing development project is inconsistent with
local standards. Here, with the use of incentives, concessions, and waivers that are
available pursuant to state density bonus law, the project is consistent with Town
standards. However, in order to be eligible for these incentives, concessions, and
waivers, the applicant must “seek and agree” to build affordable housing.
7) Denial of a Housing Project that is Consistent with Local Standards
When a proposed housing development complies with applicable local standards, but
the local agency proposes to disapprove the project or to impose a condition that the
project be developed at a lower density, the local agency shall adopt written findings
supported by a preponderance of the evidence that both of the following conditions
exist:
- The housing development project would have a specific, adverse impact upon the
public health or safety unless the project is disapproved or approved upon the
condition that the project be developed at a lower density.
- There is no feasible method to satisfactorily mitigate or avoid the adverse impact,
other than the disapproval of the housing project or the approval of the project
upon the condition that it be developed at a lower density. “Feasible” means
capable of being accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and technological factors.
8) Denial or Conditioning of Affordable Housing Affordable to Low- and Moderate-Income
Households
The HAA specifies findings that local agencies must make if they wish to deny a housing
development project that provides housing affordable to low-or moderate-income
households, or condition such a project so as to render it infeasible or have a substantial
adverse effect on the viability or affordability of the project. These findings are in
addition to the findings described above. Under the version of the HAA that was in
effect at the time that the preliminary application for this project was submitted, the
local agency must make one of the following specific findings based upon a
preponderance of the evidence:
PAGE 7 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
- The local government has an adopted Housing Element and has met its share of the
RHNA in all income categories proposed in the housing development project.
- The housing development project would have a specific, adverse impact upon public
health or safety and there is no feasible method to mitigate or avoid the impact
without rendering the project unaffordable or financially infeasible.
- Denial of the housing project or the imposition of conditions is required to comply
with specific state or federal law, and there is no feasible method to comply without
rendering the project unaffordable to low- and moderate-income households.
- The housing development project is proposed on land zoned for agriculture or
resource preservation that is either 1) surrounded on two sides by land being used
for agriculture or resource preservation; or 2) does not have adequate water or
wastewater facilities to serve the housing development project.
- The housing development project meets both of the following conditions:
o Is inconsistent with both the zoning ordinance and general plan land use
designation as specified in any element of the general plan as it existed on the
date the application was deemed complete. This finding cannot be used when
the project is inconsistent with one but is consistent with the other.
o The local government has an adopted Housing Element in substantial compliance
with state housing element law.
o This finding cannot be used when:
▪ The project is proposed for a site identified as suitable or available for very
low, low, or moderate-income households within the Housing Element and
the project is consistent with the specified density identified in the Housing
Element.
▪ The local agency has failed to identify sufficient adequate sites in its
inventory to accommodate its RHNA, and the project is proposed on a site
identified in any Element of its General Plan for residential use or in a
commercial zone where residential uses are permitted or conditionally
permitted.
In September 2024, the California State Legislature passed, and the Governor signed
into law, Assembly Bill 1893, which went into effect on January 1, 2025. AB 1893 made
revisions to the findings in subsection (d) of Government Code Section 65589.5.
However, the applicant for this project has not chosen to invoke the provisions of AB
1893. Therefore, the findings enumerated above are the ones that remain relevant to
this project.
9) Violations of the HAA
If a plaintiff alleges an HAA violation and prevails, the court must issue an order
compelling compliance with the HAA in 60 days. The court may also issue an order
directing the local agency to approve the project. If the plaintiff prevails, the court
PAGE 8 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
awards attorney fees and costs to the plaintiff. If the local agency fails to comply with
the order, the court must impose a minimum fine of $10,000 per housing unit.
B. Explanation of Concessions/Incentives and Waivers
The applicant is seeking to use state density bonus law, which is codified at Government
Code Sections 65915 through 65918.
The intent of state density bonus law is to encourage builders and local governments to
include low- and moderate-income housing units in proposed developments. Under the
statutes, the local authority must grant a density bonus or other specified incentives or
concessions to a developer who “seeks and agrees” to build affordable housing.
Concessions and Incentives
So long as the required percentage of affordable housing is provided, a developer may opt
to request “concessions and incentives” without seeking the density bonus. A local agency
may decline to grant the concessions or incentives only under certain limited circumstances
set forth in Government Code Section 65915(d). Those circumstances are:
1) The concession or incentive does not result in identifiable and actual cost reductions to
provide for affordable housing;
2) The concession or incentive would result in a “specific adverse impact . . . upon public
health and safety or the physical environment or on any real property that is listed in
the California Register of Historical Resources,” which cannot be feasibly mitigated
without rendering the development unaffordable to low-income and moderate-income
households; or
3) The concession or incentive would be contrary to state or federal law. (Gov. Code
Section 65915(d)(1)(A)-(C).)
Concessions and incentives include the following:
1) Reduction in site development standards;
2) Modifications of zoning or architectural design requirements that exceed state
standards;
3) Approval of mixed-use zoning in conjunction with the project if commercial, office,
industrial, or other land uses will reduce the cost of, and are compatible with, the
development; and
4) Any other regulatory incentive or concession proposed by either party that results in
“identifiable and actual cost reductions to provide for affordable housing costs” or to
provide for affordable rents. (Gov. Code Section 65915(k).)
PAGE 9 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
Under the statute, two incentives or concessions are granted for projects that include at
least 17 percent of the total units for lower income households. This applicant is proposing
a project with 17 percent of the residential units affordable for lower income households
and is therefore entitled to two incentives or concessions.
This applicant is seeking two incentives or concessions.
The first request is to eliminate the requirement for commercial uses on the ground floor of
the townhomes and affordable multi-family apartment building (Exhibit 24). The applicant
states that this will result in a cost reduction in that although portions of the Project
incorporate commercial elements, it is not financially feasible to develop commercial spaces
on 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.
The second request is to deviate from the Town’s Below Market Rate Program Guidelines.
The Town’s Below Market Rate Program Guidelines provide that affordable units are to be
provided concurrently with market rate units:
“Phasing of the Construction of On- and Off-Site BMP Units: On- and off-site BMP units shall
be constructed and Certificates of Occupancies secured concurrently with or prior to the
construction of the market-rate units. The BMP requirement will be calculated on the basis
of the whole development. The Town Council may grant an exception to these phasing
requirements during the Planned Development approval process.”
The applicant is asking to build 127 market-rate townhomes before constructing any
affordable units. The applicant states that this will provide for a “cost reduction” in that the
applicant will receive cash for the sale of the townhome parcels, which can be used to fund
the project infrastructure and will reduce the need for financing and the associated interest
payments. In staff’s view, this explanation satisfies the legal standard for establishing a cost
reduction. If the Town disagrees, the burden is on the Town to produce evidence that there
is no cost reduction associated with the requested incentive or concession.
However, state density bonus law only applies if an applicant is “seeking and agreeing” to
build affordable housing. In this application, the applicant is proposing to build affordable
housing, but is not committing to do so.
For that reason, staff recommends imposing the Town’s standard Below Market Program
condition of approval, which requires that the same ratio (here, 17%) of affordable units to
market rate units be provided throughout construction.
The applicant has proposed an alternative condition of approval, which would provide that
127 market rate townhomes could be built first and that, if the 255-unit multi-family
PAGE 10 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
apartment building is built before the 100% affordable housing project, the 67 affordable
units will need to be included in the 255-unit multi-family building in addition to the ten
proposed to be included already. The applicant’s proposed condition of approval is included
for the Planning Commission’s consideration in Exhibit 24.
In discussions with the applicant, the following additional proposed conditions of approval
were proposed, but the applicant declined to agree to them:
1) Include a deadline for development of either the 100% affordable housing building or
the multi-family apartment building.
2) Limit the number of building permits issued for the townhomes until building permits
are pulled for the affordable units.
3) Make a deposit to be used toward the development of affordable housing if the
affordable housing units are not constructed within a specified period of time.
4) Pay a penalty for each affordable unit that has not been constructed within three years
of pulling the first townhome building permit.
In Phase 1 of the project, the BMP condition of approval read as follows:
“BMP Units. BMP applicants shall be qualified by the Santa Clara Housing Authority. The
affordable units shall be required to be maintained for the term required under state
density bonus law or for the life of the buildings, whichever is longer. The developer shall
enter into an Affordable Housing Agreement with the Town prior to issuance of building
permits. The proposed BMP units must be available and/or occupied prior to final
occupancy issuance for the 187th market rate unit.”
Waivers of Development Standards
Applicants are eligible for unlimited waivers of development standards when they “seek and
agree” to provide affordable housing. This applicant is also requesting waivers from the
Town’s development standards. A local agency may not apply any development standard
that will have the effect of physically precluding the construction of a development meeting
the criteria for density bonuses set forth in Government Code Section 65915(b) or with the
concessions or incentives permitted by Government Code Section 65915.
One waiver that this applicant is seeking is a waiver of the Town’s setback requirement in
the North 40 Specific Plan. Section 2.5.7 of the North 40 Specific Plan, “Perimeter Overlay
Zone,” requires that “buildings or portions of buildings located within 50 feet of Los Gatos
Boulevard shall be restricted to a maximum building height of 25 feet.” The applicant is
proposing a 100-foot building to be located 20 feet from Los Gatos Boulevard.
PAGE 11 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
C. BMP Unit Phasing
The applicant has proposed that the 127 market rate townhomes be constructed first. The
applicant’s stated rationale is that the profits from the sale of the townhome parcel are
needed in order to fund the required project infrastructure, which will reduce the cost of
project financing.
The applicant anticipates that the 100% affordable housing project will be built by Eden
Housing after construction of the townhomes. In the event that the 100% affordable
housing project has not begun construction when the townhomes have been finished, the
applicant will include all of the required affordable units in the multi-family apartment
building with the ability to transfer the affordability restrictions to the 100% affordable
housing project in the future. The applicant’s proposal does not include a timeline by which
the affordable housing units will be built.
Over many months, Town staff and the applicant have discussed a wide variety of options
to guarantee that construction of the affordable units will start by a specified date. The
options discussed included:
1) Requiring that affordable units be constructed along with market-rate units, such that
17% of the constructed units are affordable at all times during construction.
2) Requiring that construction on the affordable units begin after a specified number of
townhomes, but not all 127 townhomes, have been built.1
3) Imposing a monetary penalty if the affordable units have not been built by a specified
date.
4) Requiring a deposit that will be forfeited if the affordable units have not been built by a
specified date.
To date, the applicant has not been able to guarantee that construction of the affordable
units will start by a specified date. Staff is recommending that the Planning Commission
recommend option #1 above to the Town Council for consideration. Staff and the applicant
will be prepared to discuss the other options at the public hearing.
D. No Net Loss Law
Pursuant to Government Code Section 65863 (No Net Loss Law), the Town must maintain
adequate capacity in the Housing Element to accommodate its remaining unmet Regional
Housing Needs Assessment (RHNA) by each income category at all times throughout the
entire planning period. To comply with the No Net Loss Law, as the Town makes decisions
1 Staff is currently gathering information regarding whether such a condition of approval would render the project
“economically infeasible,” which is prohibited by the state Housing Accountability Act.
PAGE 12 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
regarding zoning and land use, or as development is approved, the Town must assess
whether it has adequate site capacity in the Housing Element to accommodate its RHNA at
all income levels. If the Town approves a development of a parcel identified in the Housing
Element with fewer units than anticipated, or at different income levels than projected, the
Town must either find that the remaining capacity of the sites identified in the Housing
Element is sufficient to accommodate the remaining unmet RHNA by each income level or
identify and make available sufficient sites to accommodate the remaining unmet RHNA for
each income category.
If a developer proposes fewer units than shown in the Housing Element, then the developer
may be required to identify additional sites if the Town does not have adequate capacity for
its total RHNA. However, If the approval of a housing development results in the remaining
sites capacity becoming inadequate to accommodate the RHNA by income category, the
Town may not disapprove the development but has up to 180 days from the approval to
identify and rezone, “sufficient additional, adequate, and available sites” to accommodate
the remaining RHNA for each income category. Sites identified and rezoned must meet the
following criteria:
• Must be considered an adequate site pursuant to the requirements of Government
Code section 65583.2; and
• If the capacity to be replaced was on a site that was zoned by-right pursuant to
Government Code section 65863.2 (h) and (i), then the replacement site must also
satisfy those requirements.
As described in the table below, the project provides fewer Very Low-, Low-, and Moderate-
Income units than anticipated in the Sites Inventory of the Housing Element, but more
Above Moderate-Income units.
No Net Loss Evaluation
Proposed Project’s Impact on the Anticipated Development in the Housing Element Sites Inventory
Units by Income Category
Very Low Low Moderate Above
Moderate Net Total
Anticipated Development Included
in the Housing Element Sites
Inventory
184 89 92 87 464
Proposed Project 67 10 0 373 450
Net Site-Level Impact from the
Proposed Project to the Housing
Element Sites Inventory
-117 -79 -92 +286 -14
Table A, Table B, and Table C on the following pages show that after project approval, the
remaining capacity of the Sites Inventory will become inadequate to accommodate the very
PAGE 13 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
low and moderate-income RHNA categories. The evaluation procedure for the creation of
the tables below were created using the HCD Technical Memorandum on No Net Loss.
Pursuant to No Net Loss law, 180 days from approval of a project, the Town must identify
and rezone available sites to accommodate the remaining RHNA for each income category.
The following table shows that the cumulative impact of the project on the capacity of the
Housing Element creates a negative surplus in the Very Low and Moderate income
categories. Therefore, the remaining capacity of the Housing Element is not adequate to
meet the Town’s remaining RHNA requirements. The No Net Loss findings cannot be made,
and the Town is required to identify additional site(s) to accommodate the remaining RHNA
should this project be approved.
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
E. CEQA Determination
The Town Council adopted the 2040 General Plan and certified the 2040 General Plan
EIR on June 30, 2022. On April 2, 2024, the Town Council voted to rescind the Land Use
Element and Community Design Element of the 2040 General Plan. Therefore, the
Town’s current General Plan consists of the Land Use Element and Community Design
Element of the 2020 General Plan, and the remaining elements of the 2040 General
Plan.
CEQA Guidelines Section 15183 provides that a programmatic EIR, in this case the 2040
General Plan EIR, may serve as the EIR for subsequent activities or implementing
actions, provided that it contemplates and adequately analyzes the potential
environmental impacts of those subsequent activities. If the Town, as the CEQA Lead
Agency, determines, pursuant to Section 15183 of the CEQA Guidelines, no Subsequent
EIR would be required, the agency can approve the activity as being within the scope of
PAGE 14 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
the project covered by the programmatic EIR, and new environmental documentation
would not be required.
In accordance with Section 15183 of the CEQA Guidelines, an Initial Study Checklist
(Exhibit 21) was prepared to provide project-level consideration of potential new or
more severe significant impacts associated with the proposed project to determine
whether the project: 1) is within the scope of activities evaluated in the 2040 General
Plan EIR; and 2) would trigger any of the criteria in CEQA Guidelines Section 15183.
The Initial Study includes a number of project-level technical studies, including: an Air
Quality, Health Risk, and Greenhouse Gas Assessment; Noise Assessment; Arborist
Report; and Transportation Analysis (Exhibit 21). All technical reports were peer
reviewed by the Town or the Town’s consultants. The Initial Study determined that the
project’s environmental impacts have been considered in the 2040 General Plan EIR that
was certified by the Town, which remains relevant, and the conditions set forth in Section
15183 are not triggered by the proposed project. In addition, the analysis determined that
the proposed project is within the scope of activities evaluated in the 2040 General Plan EIR
and the Environmental Analysis for the 6th Cycle Housing Element. As such, this Initial Study
is the appropriate environmental document for the proposed project, pursuant to CEQA
Guidelines Section 15183 and no additional environmental review is necessary.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 1,000 feet of the subject
property and notice of public hearing signage was installed on the street frontages in
anticipation of the October 29, 2025, Planning Commission meeting.
Staff conducted outreach through the following media and social media resources, for the
notice of the public hearing:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s NextDoor page.
Public comments received by 11:00 a.m., Friday, October 24, 2025, are included as Exhibit X.
PAGE 15 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
CONCLUSION:
A. Summary
The applicant is requesting approval of Architecture and Site and Subdivision applications 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 SB
330 on property zoned NF-SP:HEOZ, located at 14859, 14917, 14925, and 16392 Los Gatos
Boulevard; 16250, 16260, and 16270 Burton Road; and Assessor Parcel Number 424-07-116.
As detailed above, a preliminary application was submitted under SB 330. The project
qualifies for two concessions and unlimited waivers under SDBL. The application meets the
definition of a builder’s remedy project, but the applicant has requested that the project be
reviewed under the January 2023 Housing Element and the NF-SP zoning and has not cited
provisions of the HAA regarding the builder’s remedy that became effective January 1,
2025. The deviations from the Town’s standards included in the project are requested
exclusively through SDBL for which the applicant has provided justification (Exhibit 24).
B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found
with the proposed project, forward a recommendation that the Town Council approve the
Architecture and Site and Subdivision applications by taking the following actions:
1. Make the finding that additional environmental review is not necessary pursuant to
CEQA Guidelines Sections 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 (Exhibit 22);
2. Make the finding that the project is consistent with the General Plan with the incentives,
concessions, waivers, and parking reductions requested pursuant to State Density Bonus
Law (Exhibit 22);
3. Make the finding that the proposed project complies with Section 66474 of the State
Subdivision Map Act and make affirmative findings to approve the subdivision (Exhibit
22);
4. Make the finding that 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 (Exhibit 22);
5. The project meets the objective standards of the North Forty Specific Plan with the
incentives, concessions, waivers, and parking reductions requested pursuant to State
Density Bonus Law (Exhibit 22);
6. 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 (Exhibit 22);
PAGE 16 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
7. Make the affirmative findings as required by State Density Bonus Law for granting
concessions pursuant to California Government Code Section 65915 (d) and for granting
waivers pursuant to California Government Code Section 65915 (a)(2) (Exhibit 22);
8. Make the findings that the proposed project complies with California Government Code
Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites
Inventory, and No Net Loss Law (Exhibit 22); and
9. Make the considerations as required by Section 29.20.150 of the Town Code for
granting approval of an Architecture and Site application (Exhibit 22);
10. Approve Architecture and Site Application S-23-031 and Subdivision Application M-23-
005 with the recommended conditions contained in Exhibit 23 and the development
plans in Exhibits 11 through 16.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Recommend approval of the applications with additional and/or modified conditions; or
3. Recommend denial of the applications.
EXHIBITS:
Previously Received with the April 30, 2025, Staff Report:
1. Location Map
2. Letter of Justification with Proposed Density Bonus Concessions, Waivers, and Parking
Reductions
3. Consulting Architect’s Report
4. Applicant’s Response to Consulting Architect’s Report
5. Final Arborist Report
6. Neighbor Outreach Summary
7. Visual Renderings
8. Objective Design Standards Checklist
9. Public Comments Received by 11:00 a.m., Friday, April 25, 2025
10. Transportation Analysis Report
11. Development Plans, Part 1
12. Development Plans, Part 2
13. Development Plans, Part 3
14. Development Plans, Parts 4 through 6
15. Development Plans, Parts 7 through 9
16. Development Plans, Parts 10 through 11
PAGE 17 OF 17
SUBJECT: 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270
Burton Road; and Assessor Parcel Number 424-07-116/S-23-031 and M-23-005
DATE: October 24, 2025
Previously Received with the April 30, 2025, Addendum Report:
17. Public Comments Received Between 11:01 a.m., Friday, April 25, 2025, and 11:00 a.m.,
Tuesday, April 29, 2025
18. Full Transportation Analysis Report
Previously Received with the April 30, 2025, Desk Item Report:
19. Public Comments Received Between 11:01 a.m., Tuesday, April 29, 2025, and 11:00 a.m.,
Wednesday, April 30, 2025
20. Additional Correspondence from the Applicant
Received with this Staff Report:
21. Final Initial Study – September 2025
(available online at https://www.losgatosca.gov/N40II_FinalInitialStudy)
22. Required Findings and Considerations
23. Recommended Conditions of Approval
24. Revised Letter of Justification with Proposed Density Bonus Concessions, Waivers, and
Parking Reductions
25. Revised Objective Design Standards Checklist
26. Public Comments Received Between 11:01 a.m., Wednesday, April 30, 2025, and 11:00
a.m., Friday, October 24, 2025
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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
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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
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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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PLANNING COMMISSION – October 29, 2025
CONDITIONS OF APPROVAL
14859, 14917, and 14925 Los Gatos Boulevard; 16250, 16260, 16270, and 16392 Burton Road; and Assessor Parcel Number 424-07-116
Architecture and Site Application S-23-031
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
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect
on April 17, 2023, and these conditions of approval conform to those ordinances,
policies, and standards. This application shall be completed in accordance with all of
the conditions of approval and in substantial compliance with the approved plans.
Any changes or modifications to the approved plans and/or business operation shall
be approved by the Community Development Director, DRC, or the Planning
Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire upon the later to occur of expiration of
the vesting tentative map or two- and one-half years from the final approval
date, pursuant to subparagraph (D) of paragraph (2) of subdivision (o) of Section
65589.5 of the Government Code, unless the project has commenced
construction. If the final subdivision map is recorded in phases, the life of the
approval will be extended pursuant to Section 66452.6.
3. BELOW MARKET PRICE (BMP) UNITS, MIXED-USE BUILDING: The developer shall
provide 10 BMP units (low-income) as part of the mixed-use building (Building
E1). “BMP Units” are dwelling units to be rented at affordable rent to lower
income households for a 55-year period, as defined by the Town’s applicable
BMP Program Guidelines and the applicable BMP Resolution, state density
EXHIBIT 23
bonus law (Government Code Section 65915 et seq.), and the Housing
Accountability Act (Government Code Section 65589.5). A deed restriction shall
be recorded prior to the issuance of any building permits for residential units in
the mixed-use building providing for 10 BMP Units in Building E1.
4. BELOW MARKET PRICE (BMP) UNITS, AFFORDABLE BUILDING: The developer
shall provide 67 BMP Units as part of the affordable housing building (Building
G1). A deed restriction shall be recorded prior to the issuance of any building
permits for residential units in the affordable housing building providing for 67
BMP units in Building G1.
5. AFFORDABLE HOUSING AGREEMENT: Prior to approval of any final or parcel
map or issuance of any building permit for a residential unit, whichever occurs
first, the developer shall execute and record an Affordable Housing Agreement
with the Town in a form subject to the Town Attorney’s approval. The
Affordable Housing Agreement shall provide for construction of the required
BMP Units and facilitate their rental pursuant to applicable provisions of the
BMP Program Guidelines and BMP Resolution in place as of April 17, 2023, state
density bonus law, and the Housing Accountability Act. The applicant may
satisfy this condition through the recordation of the Affordable Housing
Agreement described in Condition 6.
6. PHASING OF THE CONSTRUCTION OF BMP UNITS: Sufficient units to qualify the
project for two incentives or concessions under the State Density Bonus Law
under subdivision (e) of Section 65915 of the Government Code (i.e., 77 BMP
Units of the project’s 450 units) shall be restricted for occupancy by lower
income households, as defined by Section 50079.5 of the Health and Safety
Code, at rents affordable to the assumed household size for each restricted
unit. Such units shall constitute the project’s BMP Units.
Prior to the approval of any final or parcel map or issuance of any building
permits for residential units, whichever occurs first, the applicant shall execute
and record an Affordable Housing Agreement in a form subject to the Town
Attorney’s reasonable approval. The Affordable Housing Agreement shall
require Lot 19 as shown on the vesting tentative map to be developed for 68
units, consisting of 67 BMP Units to be rented to lower income households and
one unrestricted manager’s unit to remain affordable for a minimum of 55
years.
The Affordable Housing Agreement shall also require the applicant to provide at
least 10 BMP Units affordable to lower income households in Building E1 on Lot
18 as shown on the vesting tentative map.
The BMP Units shall be constructed, and building permits and Certificates of
Occupancy secured, so that at all times at least 17 percent of the residential
units with building permits and Certificates of Occupancy are lower income BMP
Units. If BMP units are provided in the project in addition to those planned to be
included in Buildings E1 and G1, the number of BMP Units required in Buildings
E1 and G1 may be reduced, so long as at least 17 percent of the residential units
with building permits and Certificates of Occupancy are BMP Units.
The Affordable Housing Agreement shall require the BMP Units to be rented to
lower income households at affordable rent for a term of 55 years from the
date of the initial occupancy of the BMP Units, and it shall include terms
regarding provisions for marketing, income certification, and screening of
potential renters of BMP Units including the financing of ongoing administrative
and monitoring costs.
7. REPLACEMENT HOUSING OBLIGATIONS: The project will demolish seven single-family
homes, six of which were occupied when the project application was made and one of
which was vacant. The following conditions are required to comply with Government
Code Sections 66300.5 and 66300.6:
a. Required Replacement Units. Information submitted by the applicant shows that
three homes of three bedrooms each are occupied by very low-income
households, and one home of two bedrooms is occupied by a low-income
household. Based on the most recently available data from the United States
Department of Housing and Urban Development’s Comprehensive Housing
Affordability Strategy database, the vacant unit is assumed to have been occupied
by a very low-income household. The affordable housing agreement shall provide
that five replacement units shall be made available to low and very low-income
households for a term of 55 years from the issuance of a certificate of occupancy
or final inspection, as applicable. Three of the units shall contain three bedrooms
each and shall be made available to very low-income households, as defined in
Health & Safety Code Section 50105, at affordable housing cost or affordable rent.
One unit shall contain two bedrooms and shall be made available to low-income
households, as defined in Health & Safety Code Section 50079.5, at affordable
housing cost or affordable rent. The vacant unit shall be replaced by one or more
units of “equivalent size,” as defined in Government Code Section 66300.5(d),
which shall be made available to very low-income households, as defined in
Health & Safety Code Section 50105, at affordable housing cost or affordable rent.
“Affordable housing cost” is as defined in Health & Safety Code Section 50052.5.
“Affordable rent” is as defined in Health & Safety Code Section 50053.
b. Relocation Benefits. Upon project approval, the Town shall retain a relocation
consultant at the applicant’s expense to determine the relocation benefits that
the very low and low-income tenants are entitled to that are equivalent to the
relocation benefits required to be paid by public entities pursuant to Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the Government Code
and any implementing regulations. Those benefits shall be paid by the applicant
to those lower income tenants at the time required by the statute and
implementing regulations referenced in the previous sentence. Prior to the
approval of a final map, or issuance of any construction permit, whichever is
earliest, the Town shall verify that all lower income tenants have received the
required relocation benefits.
c. Right to Return. The applicant shall offer all very low and low-income tenants the
right to return to a comparable unit at affordable housing cost or affordable rent.
A “comparable unit” for the very low-income tenants must contain three
bedrooms, and a “comparable unit” for the low-income tenant must contain two
bedrooms.
d. Notice to All Tenants. All tenants must be allowed to remain until at least six
months prior to the start of construction activities. If the applicant decides not to
proceed with the project and returns the homes to the rental market, all existing
tenants are entitled to return to the units at their current rent. The applicant shall
provide written notice to all tenants of these rights at least six months prior to the
date the tenants will be required to vacate the existing units. Prior to issuance of
any construction permit, the applicant shall provide contact information to the
Town for all existing tenants so that they may be informed of their rights should
the project not succeed.
8. OUTDOOR LIGHTING: For the life of the project, exterior lighting shall be kept to a
minimum and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties. No flood lights shall be used unless it can be demonstrated
that they are needed for safety or security.
9. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to
be removed, prior to the issuance of Building and/or Grading Permits. Per Town
Code Section 26.20.010 and Chapter 29, Article 1, Division 2, the developer shall
obtain a tree removal permit prior to the removal of protected trees on private or
Town property. The project developer shall abide by any tree replacement ratios
and/or in-lieu payments, tree protection measures, and best management
practices required by the tree removal permit and/or within an updated arborist
report.
10. EXISTING TREES: All existing protected trees with the potential to be preserved
shown on the plan and trees required to remain or to be planted are specific
subjects of approval of this plan and must remain on the site to the extent
feasible during final design.
11. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits,
the developer shall implement, at their cost, all recommendations identified in
the Arborist’s report for the project, on file in the Community Development
Department. These recommendations must be incorporated in the Building
Permit plans and completed prior to issuance of a building permit where
applicable and shall remain through all phases of construction.
12. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective
tree fencing and other protection measures consistent with Section 29.10.1005
of the Town Code shall be placed as shown on the Tree Protection Plan (Sheet T-
5) of the approved plans prior to issuance of demolition and building permits
and shall remain through all phases of construction. Include a tree protection
plan with the construction plans.
13. TREE STAKING: Prior to final inspection, all newly planted trees shall be
double staked using rubber tree ties.
14. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the final
unit within a phase of the final subdivision map, all landscaping within the
phased area must be completed. The meadow must be completed prior to
the Certificate of Occupancy for the final townhome in the project.
15. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet
the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance (WELO), whichever is more restrictive. Submittal of a
Landscape Documentation Package pursuant to WELO is required prior to issuance
of Building and/or Grading Permits. This is a separate submittal from your Building
Permit. A review deposit based on the current fee schedule adopted by the Town
Council is required when working landscape and irrigation plans are submitted for
review. A completed WELO Certificate of Completion Appendix C) is required prior
to final inspection/certificate of occupancy.
16. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project
site shall be removed within 30 days of final action on the applications.
17. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof
mounted equipment shall be fully screened.
18. SIGN PERMIT: A sign permit must be obtained prior to installation of any
permanent new signs, other than those excepted by Section 29.10.110 of the Town
Code.
19. REUSABLE MATERIALS: All reusable materials from residential, commercial, and
construction/renovation activities shall be recycled.
20. NOISE 1: The Town shall include the following measures as standard conditions
of approval for applicable projects involving construction to minimize exposure
to construction vibration:
a. Avoid the use of pile drivers and vibratory rollers (i.e., compactors) within 50
feet of buildings that are susceptible to damage from vibration.
b. Schedule construction activities with the highest potential to produce
vibration to hours with the least potential to affect nearby office uses that
the Federal Transit Administration identifies as sensitive to daytime
vibration.
c. Notify neighbors of scheduled construction activities that would generate
vibration.
21. NOISE 2: For projects involving construction equipment that are located within
25 feet of noise-sensitive receptors the following mitigation would be required:
a. Equipment Staging Areas – Equipment staging shall be located in areas that
will create the greatest distance feasible between construction-related noise
sources and noise-sensitive receptors.
b. Electrically-Powered Tools and Facilities – Electrical power shall be used to
run air compressors and similar power tools and to power any temporary
structures, such as construction trailers or caretaker facilities.
c. Smart Back-up Alarms – Mobile construction equipment shall have smart
back-up alarms that automatically adjust the sound level of the alarm in
response to ambient noise levels. Alternatively, back-up alarms shall be
disabled and replaced with human spotters to ensure safety when mobile
construction equipment is moving in the reverse direction.
d. Additional Noise Attenuation Techniques – During the clearing, earth moving,
grading, and foundation/conditioning phases of construction, temporary
sound barriers shall be installed and maintained between the construction
site and the sensitive receptors. To the extent feasible, temporary sound
barriers shall consist of sound blankets affixed to construction fencing or
temporary solid walls along all sides of the construction site boundary facing
potentially sensitive receptors.
22. ENERGY CONSERVATION AND ENERGY EFFICIENCY:
a. Passive Solar Heating and Cooling. Require new subdivisions to examine the
feasibility of incorporating site layouts that allow for passive solar and
heating and cooling;
b. Solar Orientation. Require new development to incorporate measures that
reduce energy use through solar orientation by taking advantage of shade,
prevailing winds, landscaping and sun screens;
c. Sustainable Practices in Design and Construction. Require new construction
and remodels to use energy- and resource-efficient and ecologically sound
designs, technologies, and building materials, as well as recycled materials to
promote sustainability; and
d. Energy Efficiency Requirement. Require higher levels of energy efficiency as
house size increase.
23. CULTURAL RESOURCES 1: If human remains are found during construction
activities, no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the archeological
monitor and the coroner of Santa Clara County are contacted. If it is determined
that the remains are Native American, the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most likely
descendent (MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation
work, for means of treating or disposing of, with appropriate dignity, the human
remains and associated grave goods as provided in Public Resources Code
section 5097.98. The landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the
Native American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of
the descendent, and the mediation by the Native American Heritage Commission
fails to provide measures acceptable to the landowner.
The Planning Division of the Community Development Department shall be
responsible for ensuring the implementation of this Condition. Costs will be the
responsibility of the developer(s).
24. CULTURAL RESOURCES 2: For grading or excavations deeper than four feet below
the existing surface, a qualified archaeologist shall be retained to monitor the
excavations. The archaeologist shall be present on-site to observe a
representative sample of deep grading or excavations in at least three areas
within the Plan Area until satisfied that there is no longer a significant potential
for finding buried resources. In the event that any potentially significant
archaeological resources (i.e., potential historical resources or unique
archaeological resources) are discovered, the project archaeologist shall
designate a zone in which additional archaeological resources could be found
and in which work shall be stopped. A plan for the evaluation of the resource
shall be submitted to the Community Development Director for approval.
Evaluation normally takes the form of limited hand excavation and analysis of
materials and information removed to determine if the resource is eligible for
inclusion on the California Register of Historic Resources.
In the event that significant paleontological, historic, and/or archaeological
remains are uncovered during excavation and/or grading in the absence of an
archaeological monitor, all work shall stop in the area of the subject property
until a qualified archaeologist can assess the find and, if necessary, develop an
appropriate data recovery program.
The Planning Division of the Community Development Department shall be
responsible for ensuring the implementation of this Condition. Costs will be the
responsibility of the developer(s).
25. CULTURAL RESOURCES 3: Prior to demolition of buildings within the Plan Area
identified as potentially historic resources, the developer(s) shall prepare
photographic documentation of the buildings meeting the documentation
standards of the Historic American Buildings Survey/Historic American
Engineering Record (HABS/HAER), as presented in the North 40 Specific Plan
Historic Resources Technical Report. The historic documentation shall be
prepared at Level IV (sketch plan, digital photographs of exterior and interior
views, and HABS/HAER inventory cards) for the potentially historic buildings. No
historic documentation shall be required for the orchard, except as may be
incidentally included in the documentation of the structures.
The developer(s) shall prepare, or retain a qualified professional who meets the
standards for architectural historian and/or historical architect set forth by the
Secretary of the Interior (Secretary of the Interior’s Professional Qualification
Standards, 36 CFR 61) to prepare documentation of historic resources prior to
any construction work associated with demolition or removal.
The Town of Los Gatos shall identify appropriate repositories for housing the
historical documentation at the time of the project-level analysis. An interpretive
display shall be incorporated into the design within the Plan Area.
26. NESTING BIRDS: If noise generation, ground disturbance, vegetation removal, or
other construction activities begin during the nesting bird season (February 1 to
August 31), or if construction activities are suspended for at least two weeks and
recommence during the nesting bird season, then the project developer shall
retain a qualified biologist to conduct a pre-construction survey for nesting birds.
The survey shall be performed within suitable nesting habitat areas on the
project site, and as feasible within 250 feet of the site boundary, to ensure that
no active nests would be disturbed during project implementation. This survey
shall be conducted no more than two weeks prior to the initiation of disturbance
and/or construction activities. A report documenting the survey results and plan
for active bird nest avoidance (if needed) shall be completed by the qualified
biologist and submitted to the Town of Los Gatos for review and approval prior
to disturbance and/or construction activities.
If no active bird nests are detected during the survey, then project activities can
proceed as scheduled. However, if an active bird nest of a native species is
detected during the survey, then a plan for active bird nest avoidance shall
determine and clearly delineate an appropriately sized, temporary protective
buffer area around each active nest, depending on the nesting bird species,
existing site conditions, and type of proposed disturbance and/or construction
activities. The protective buffer area around an active bird nest is typically 75-
250 feet, determined at the discretion of the qualified biologist and in
compliance with applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no
disturbance and/or construction activities shall occur within the protective
buffer area(s) until the juvenile birds have fledged (left the nest), and there is no
evidence of a second attempt at nesting, as determined by the qualified
biologist.
The developer(s) shall be responsible for the implementation of this Condition,
subject to monitoring by the Town of Los Gatos.
27. BAT ROOSTS: To avoid impacting active bat roosts, if present, any vacant
buildings on the site proposed for removal that are boarded up prior to
construction (dark in the daytime) shall be opened in the winter months (prior to
mid-March) to allow in light, making these areas non-suitable for use as bat
roosts.
Mature trees removed due to project implementation shall be removed in two
stages (with the limbs removed one day, and the main trunk removed on a
subsequent day) to allow any potentially present day-roosting bats the
opportunity to relocate. If bat roosts are encountered during tree removal, a bat
specialist shall be hired to assist in any relocation efforts.
The developer(s) shall be responsible for the implementation of this Condition,
subject to monitoring by the Town of Los Gatos.
28. BURROWING OWLS: To avoid impacts to burrowing owls, a qualified biologist
will conduct a two-visit (i.e. morning and evening) pre-construction
presence/absence survey at all areas of suitable habitat on and within 300 feet
of the construction site within 30 days prior to the start of construction. Surveys
will be conducted according to methods described in the Revised Staff Report on
Burrowing Owl Mitigation (California Department of Fish and Wildlife 2012).
If pre-construction surveys are undertaken during the breeding season (February
through August) and locate active nest burrows near construction zones, then
these nests and a 200-meter (600-foot) exclusion zone will be delineated which
must remain off-limits to ground-disturbing activities until the breeding season is
over. The exclusion zone shall be clearly delineated/fenced, and work could
proceed within the exclusion zone after the biologist has determined that
fledglings were capable of independent flight and the California Department of
Fish and Wildlife has approved the recommencement of work inside the
exclusion zone, or has authorized physical relocation of the owls. Nesting owl
pairs physically relocated (after consultation and approval from the California
Department of Fish and Wildlife) as a consequence of construction activities are
typically provided a habitat replacement mitigation ratio of 6.5 acres per owl
pair/territory relocated.
The project developer(s) shall be responsible for the implementation of this
Condition, subject to monitoring by the Town of Los Gatos.
29. TOWN INDEMNITY: Pursuant to Town Code Section 1.10.115, and the police power
of the Town to impose appropriate Conditions of Approval, the Applicant and its
successors in interest (collectively, “Applicants”) securing the application approvals
for Architecture and Site Application S-23-031 and Subdivision Application M-23-005
(the “Approval”) shall indemnify and hold harmless the Town for any third-party
challenge to the Approval (administrative appeal, judicial review, or otherwise –
collectively, “Challenge”), including without limitation and subject to the following:
(a) Generally: Regarding any such Challenge to any aspect of the Approval, Applicant
shall defend, indemnify, and hold harmless the Town (any reference to “Town”
shall mean and include without limitation Town’s elected officials, appointed
officials, legal counsel, agents, officers, employees, contractors, and special legal
counsel)(with legal counsel approved by Town), from and against any third-party
Challenge against the Town related to the Approval.
(b) Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and
expenses (including, without limitation, any award of attorney fees or damages,
attorney fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any third-party Challenge (“Costs”),
whether incurred by the Applicant, Town, or awarded to any third party, and shall
pay to the Town upon demand made with reasonable written documentation
substantiating the Costs incurred by the Town.
(c) The total of all obligations owing by the Applicant under this Condition of
Approval is collectively referred to as the “Challenge Indemnity.” No modification
of the Approval, nor any application, permit certification, condition,
environmental determination, other approval, change in applicable laws and
regulations, or change in processing methods shall alter the Applicant’s
obligations pursuant to this Condition of Approval. The Town shall promptly notify
the Applicant of any such Challenge, and the Town shall cooperate with the
Applicant as Applicant fulfills its obligations pursuant to this Condition of
Approval.
30. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and
submitted with the building plans for the development within a phase of the
final subdivision map detailing how the applicable Conditions of Approval will be
addressed for that phase.
31. IMPACT FEE TIMING AND CALCULATION: The applicant shall pay all impact fees
prior to the date for final inspection or issuance of a certificate of occupancy for
a building, whichever occurs first, on a pro rata basis by dwelling unit. The
impact fees shall be calculated based on the rates in effect as of April 17, 2023,
the time the applicant submitted its complete SB 330 preliminary application,
subject to any modifications consistent with subdivision (o) of Section 65589.5 of
the Government Code.
32. PUBLIC ART: The applicant shall comply with the requirements of Article VII of
Chapter 25 of the Town Code.
Building Division
33. PERMITS REQUIRED: A Demolition Permit is required for the demolition of each
existing structure. A separate Building Permit is required for each new
structure/building proposed on the site.
34. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2023, are the 2022 California Building Standards Code,
California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy
Reach Codes.
35. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full
within the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application for the development within a
phase of the final subdivision map detailing how the applicable Conditions of
Approval will be addressed for that phase.
36. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the
Building Division prior to submitting for the building permit application process.
37. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
38. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management
District Application for the removal of each existing structure. Once the
demolition form has been completed, all signatures obtained, and written
verification from PG&E that all utilities have been disconnected, submit the
completed form to the Building Department with the Air District’s J# Certificate,
PG&E verification, and site plans showing all existing structures, existing utility
service lines such as water, sewer, and PG&E. No demolition work shall be done
without first obtaining a permit from the Town.
39. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building
Official, containing foundation, and retaining wall design recommendations, shall
be submitted with the Building Permit Application. This report shall be prepared
by a licensed Civil Engineer specializing in soils mechanics.
40. SHORING: Shoring plans and calculations will be required for all excavations which
exceed five (5) feet in depth, or which remove lateral support from any existing
building, adjacent property, or the public right-of-way. Shoring plans and
calculations shall be prepared by a California licensed engineer and shall conform
to the Cal/OSHA regulations.
41. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil
engineer or land surveyor shall be submitted to the project Building Inspector at
foundation inspection. This certificate shall certify compliance with the
recommendations as specified in the Soils Report, and that the building pad
elevations and on-site retaining wall locations and elevations have been
prepared according to the approved plans. Horizontal and vertical controls shall
be set and certified by a licensed surveyor or registered Civil Engineer for the
following items:
a. Building pad elevation;
b. Finish floor elevation;
c. Foundation corner locations; and
d. Retaining wall(s) locations and elevations.
42. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed onto a
plan sheet.
43. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site
shall be provided from public transportation stops, accessible parking and
accessible passenger loading zones and public streets or sidewalks to the
accessible building entrance that they serve. The accessible route shall, to the
maximum extent feasible, coincide with the route for the general public. At least
one accessible route shall connect all accessible buildings, facilities, elements,
and spaces that are on the same site.
44. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where
parking is provided for the public as clients, guests, or employees, shall provide
accessible parking. Accessible parking spaces serving a particular building shall be
located on the shortest accessible route of travel from adjacent parking to an
accessible entrance. In buildings with multiple accessible entrances with adjacent
parking, accessible parking spaces shall be dispersed and located closest to the
accessible entrances.
45. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for
any required sanitary sewer backwater valve on the plans and provide its
location. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD) requires backwater valves on drainage piping serving fixtures that have
flood level rims less than 12 inches above the elevation of the next upstream
manhole.
46. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A
roof assemblies.
47. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section
1704, the Architect or Engineer of Record shall prepare an inspection program
that shall be submitted to the Building Official for approval prior to issuance of
the Building Permit. The Town Special Inspection form must be completely filled
out and signed by all requested parties prior to permit issuance. Special
Inspection forms are available online at www.losgatosca.gov/building.
48. AIR QUALITY 1: High efficiency filtration (MERV rating of 13 or greater) on
ventilation systems shall be required in residential, hotel, and office units located
in areas along State Route 17 identified in the EIR as having cancer risk in excess
of 10 cases per million.
49. AIR QUALITY 2: Ground-level outdoor residential yards that are not oriented to
the Los Gatos Boulevard side of the Plan Area, shall be located no closer than
100 feet from the State Route 17 right-of-way prior to 2015, and, subject to air
hazards modeling to confirm, no closer than 50 feet from the State Route 17
right-of-way thereafter (when diesel fuel and engine changes will reduce diesel
emissions levels).
50. AIR QUALITY 3: The following shall be implemented during construction activities
to reduce emissions:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered;
c. All visible mud or dirt trackout onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 mph;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
f. All excavation, grading, and/or demolition activities shall be suspended when
average wind speeds exceed 20 mph;
g. All trucks and equipment, including their tires, shall be washed off prior to
leaving the site;
h. Unpaved roads providing access to sites located 100 feet or further from a
paved road shall be treated with a 6- to 12-inch layer of compacted layer of
wood chips, mulch, or gravel; and
i. Publicly visible signs shall be posted with the telephone number and name of
the person to contact at the lead agency regarding dust complaints. This
person shall respond and take corrective action within 48 hours. The Air
District’s General Air Pollution Complaints number shall also be visible to
ensure compliance with applicable regulations.
51. CONSTRUCTION BEST MANAGEMENT PRACTICES (BMPs): The Town standard
West Valley Clean Water Authority Nonpoint Source Pollution Control Program
Sheet (page size same as submitted drawings) shall be part of the plan submittal.
The specification sheet is available online at www.losgatosca.gov/building.
52. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Santa Clara County Environmental Health Department: (408) 918-3479
f. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE
CONSTRUCTION PLANS SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF
ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
53. THIRD-PARTY PLAN CHECK FEE AND INSPECTION FEE (Special projects only): The
Town will procure a third-party engineering firm to perform Plan Review and
Inspection Services. Applicant shall provide an initial deposit of $100,000 plus a
20 percent fee to the Town for plan review and inspection services. This deposit
and fee are required at the time of the project building permit submittal. Once
this deposit is received, the Town will select the consultant and initiate the plan
review process. The Applicant’s deposit will be charged on a time and materials
basis. A supplemental deposit will be required if the remaining deposit is
expected to be exhausted prior to completion of the work. Permitted work will
not be allowed to continue without available funds to complete the required
inspection services. Third-party engineering services will be required for the
duration of the construction and project closeout phases.
54. STORM DRAINAGE FEE: The Applicant shall pay Storm Drainage fees in
accordance with the Town’s FY22-23 Adopted Fee Schedule that was in effect at
the date the pre-application was deemed complete for the future construction
of drainage facilities serving new buildings, improvements, or structures to be
constructed which substantially impair the perviousness of the surface of land.
The Storm Drainage fee based on the site area of 15.67 acres is $72,426.74. The
Applicant shall pay this fee to PPW at the time specified in Condition 31.
55. TRAFFIC IMPACT MITIGATION FEES: The project is subject to the Town’s Traffic
Impact Mitigation fee for the generation of an estimated 2,968 net new average
daily trips based on the traffic study submitted by Hexagon Transportation
Consultants dated February 18, 2025. The fee is based on the FY22-23. Fee
Schedule that was in effect at the time the pre-application was deemed
complete indicates a fee of $1,015.00 per additional average daily trip. This
results in an estimated total amount due of $3,012,520. This fee is due at the
time specified in Condition 31.
56. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189): Per the Town’s
Comprehensive Fee Schedule, the project is subject to the Town’s Construction
Activities Mitigation Fee based on the square footage of new buildings. The fee is
based on the FY22-23 Fee Schedule that was in effect at the time the pre-
application was deemed complete, and is $1.26 per square foot of new
residential and non-residential building area. The fee shall be calculated based
on the square footage total for all units shown on the construction plans to the
approval of the Town Engineer. The entitlement plans indicate 718,470 square
feet of new building footage resulting in a fee of $905,272.20, with the final fee
to be calculated based on the actual building area as shown on the building
permit application. This fee is due at the time specified in Condition 31.
57. CONSTRUCTION PLAN SUBMITTAL REQUIREMENTS: The Grading Permit Plans and
Public Improvement Plans for the first phase of construction (together referred to
as “Improvement Plans”) shall be submitted as a set to Parks and Public Works
Department along with a title report dated no older than 60 days from the date
the Improvement Plans are submitted. Improvement Plans for subsequent phases
shall be submitted as a set to Parks and Public Works Department along with a
title report dated no older than 60 days from the date such Improvement Plans
are submitted. The Improvement Plans shall be submitted at the same time as
the Building Plans are submitted to the Building Department. All improvements
shall be designed and constructed in accordance with Federal law, State law, Los
Gatos Town Code, and the Los Gatos Standard Specifications and Details.
Construction drawings shall comply with Section 1 (Construction Plan
Requirements) of the Town’s Engineering Design Standards, which are available
for download from the Town’s website. The Improvement Plans shall include:
a. A cover sheet with at least the proposed development vicinity map showing
nearby and adjacent major streets and landmarks, property address, APN,
scope of work, project manager and property owner, a “Table of
Responsibilities” summarizing ownership, access rights, and maintenance
responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a
sheet index including a sequential numeric page number for each sheet (i.e.
“Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type,
proposed floor areas by type for each building, average slope, proposed
maximum height, and required and proposed parking count and type.
b. The Approved Conditions of Approval printed within the plan set
starting on the second sheet of the plan set.
c. An Existing Site Plan showing existing topography, bearing and distance
information for all rights-of-way, easements, and boundaries, any existing
easements proposed to be quit-claimed, existing hardscape, existing above
ground utility features, and existing structures. The Improvement Plans shall
identify the vertical elevation datum, date of survey, and surveyor responsible
for the data presented.
d. A Proposed Site Plan showing proposed topography, boundaries, proposed
and existing to remain easements, hardscape, above ground utility features
(hydrants, transformers, control cabinets, communication nodes, etc.), and
structures. Include top and bottom elevations of every inflection point of
each wall. Show proposed public right-of-way improvements. Distinguish
proposed linework from existing linework using heavier line type for
proposed.
e. A Grading and Drainage Plan clearly showing existing onsite and adjacent
topography using labeled contour lines, drainage direction arrows with slope
value, and break lines. Proposed and existing to remain hardscape elevations
must be provided in detail including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the
different types of utilities and pipe sizes. Utility boxes, hydrants, backflow
preventers, water meters, sanitary sewer cleanouts, etc. shall be located on
private property unless otherwise approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing the full-width of the adjacent right-of-
way. The plan shall show the average maintained horizontal illumination in
foot-candles and the average to minimum uniformity ratio. Lighting shall be in
compliance with the Town’s Standard Specification section 2.38.
h. A Landscaping Plan for the project site and the full width of the public rights-
of-way adjacent to the project. The plans shall clearly identify public and
private utilities and points of demarcation between the two.
i. A Composite Plan showing civil, landscape, electrical, and joint trench
locations combined on one drawing to identify potential conflicts between
disciplines. The Composite Plan shall include the size, location, and details of
all trenches, locations of building utility service stubs and meters, and
placements or arrangements of junction structures as a part of the
Improvement Plan submittals for the project. Show preferred and alternative
locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the Composite Plan.
(All dry utilities shall be placed underground). A note shall be placed on the
joint trench composite plans which states that the plan agrees with Town
Codes and Standards and that no underground utility conflict exists.
j. General Notes found in the Town of Los Gatos General Guidelines.
k. A statement in the general notes indicating the need to obtain a Caltrans
Oversized/Overweight Vehicles Transportation Permit if oversized or
overweight vehicles are expected to be used.
l. A statement that all utility boxes in vehicular pathways shall be traffic-
rated.
58. STANDARD PLAN COMPLIANCE: The project shall comply with the Town’s
Standard Plans to the extent applicable and subject to the reasonable approval
of the Town Engineer. Street improvements, all street sections, the design of all
off-site storm drainage facilities shall be in accordance with Town Standard
Specifications and Standard Plans in effect as of April 17, 2023 or North 40
Specific Plan street standards for private roads, as applicable and approved by
the Town Engineer. Improvements deemed necessary by the Town Engineer
shall be shown on the Improvement Plans.
59. GRADING PERMIT: A grading permit is required for all site grading and drainage
work that is outside the perimeter of a building, retaining wall footing, or other
structure authorized by a valid building permit. The Applicant must submit a
grading permit application after the appeal period of the entitlement approval
process has passed. Submittals are accepted through Accela only. The grading
permit application shall include detailed grading plans and associated required
materials. Plan check fees are based on the scope of onsite work. Prior to
approval of the grading permit, the Applicant shall pay all fees due and provide
faithful performance and payment securities for the performance of the work
described and delineated on the approved grading plan, final erosion and
sedimentation control plan, and interim erosion and sedimentation control plan
(if required), in an amount to be set by the Town Engineer (but not to exceed
one hundred (100) percent) of the approved estimated cost of the grading and
erosion and sedimentation control measures. The form of security shall be one
or a combination of the following to be determined by the Town Engineer and
subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or
more duly authorized corporate sureties on a form approved by the Town; (2)
Deposit with the Town, money, or negotiable bonds of the kind approved for
securing deposits of public monies; or (3) other instrument of credit from one or
more financial institutions subject to regulation by the State or Federal
Government wherein such financial institution pledges funds are on deposit and
guaranteed for payment. The grading permit shall be issued prior to the issuance
of the building permit unless otherwise allowed by the Town Engineer. The
permit shall be limited to work shown on the grading plans approved by the
Town Engineer. In granting a permit, the Town Engineer may impose any
condition deemed necessary to protect the health, safety, and welfare of the
public, to prevent the creation of a nuisance or hazard to public or private
property, and to assure proper completion of the grading including but not
limited to: (1) Mitigation of adverse environmental impacts; (2) Improvement of
any existing grading or correction of any existing grading violation to comply
with Town Code; (3) Requirements for fencing or other protection of grading
which would otherwise be hazardous; (4) Requirements for dust, erosion,
sediment, and noise control, hours of operation and season of work, weather
conditions, sequence of work, access roads, and haul routes; (5) Requirements
for safeguarding watercourses from excessive deposition of sediment or debris
in quantities exceeding natural levels; (6) Assurance that the land area in which
grading is proposed and for which habitable structures are proposed is not
subject to hazards of land slippage or significant settlement or erosion and that
the hazards of seismic activity or flooding can be eliminated or adequately
reduced; (7) Temporary and permanent landscape plans.
60. PUBLIC IMPROVEMENTS: Prior to the issuance of any building permit within a
phase of the final subdivision map and prior to any work being done in the
Town's right of way, the Applicant must submit Public Improvement Plans for
improvements related to that phase for review and approval. All public
improvements shall be made according to the Town’s adopted Standard Plans,
Standard Specifications, and Engineering Design Standards in effect as of April
17, 2023. The Applicant is required to confirm the location of existing utility lines
along the project frontage by potholing. Prior to any potholing, Applicant shall
submit an Encroachment Permit application with a pothole plan for Town review
and approval. The Applicant shall provide the pothole results to the Town
Engineer prior to final design. All existing public utilities shall be protected in
place and, if necessary, relocated as approved by the Town Engineer. No private
facilities are permitted within the Town right of way or within any easement
unless otherwise approved by the Town Engineer. The Applicant shall have
Public Improvement Plans prepared, stamped, and signed by a California
licensed civil engineer.
a. Once the Public Improvement Plans have been approved, the Applicant shall
submit an application for an Encroachment Permit. The Encroachment
Permit requires the Applicant to post the required bonds and insurance and
provide a one (1) year warranty for all work to be done in the Town's right of
way or Town easement. New concrete shall be free of stamps, logos, names,
graffiti, etc. Any new concrete installed that is damaged shall be removed
and replaced at the Contractor’s sole expense. Prior to issuance of the
encroachment permit, the Applicant shall submit a temporary traffic control
plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk
closures. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may
be required. The TTCP shall comply with the State of California Manual of
Uniform Traffic Control Devices (“MUTCD”) and standard construction
practices.
b. The project engineer shall notify the Town Engineer in writing of any
proposed changes. Any proposed changes to the approved plans shall be
subject to the approval of the Town. The Applicant shall not commence any
work deviating from the approved plans until such deviations are approved.
Any approved and constructed changes shall be incorporated into the final
“as-built” plans.
c. The following right-of-way improvements shall be completed prior to the
issuance of the first occupancy permit, unless otherwise noted or approved
by the Town Engineer:
i. BURTON ROAD IMPROVEMENTS: The Applicant shall make a contribution
to the Town in the amount of $155,000 towards the construction of the
required half street section pursuant to Los Gatos Town Code Section
24.50.080. Submittal of this in-lieu payment shall be paid prior to the
issuance of the occupancy permit for the 200th site unit, or later as may
otherwise approved by the Town Engineer.
ii. LOS GATOS BOULEVARD IMPROVEMENTS:
a. The Applicant shall improve the western side of Los Gatos
Boulevard’s frontage along the project site with a 10-feet wide
multi-use path and 6-feet wide planter strip from the northern
boundary of North 40 Phase I to the northern boundary of APN
424-070-064 as shown on the approved plans and as approved by
the Town Engineer.
b. The Applicant shall construct a continuation of the center median
north to the intersection of Los Gatos Boulevard and Samaritan
Drive with mountable sections for northbound emergency vehicle
access to the site at the two proposed connections along Los
Gatos Boulevard as shown on the approved plans.
c. STREET TREES: The Applicant shall plant a minimum of 10 trees
along the Los Gatos Boulevard frontage, to match the spacing
along the Phase I frontage. The street tree plans shall be per
Town Standard Drawings and will include Town Standard tree
grates.
d. TREE GRATES: The Applicant shall install Town Standard Tree
Grates around each street tree. Tree grates shall be 4-feet by 6-
feet, model OT-T24 by Urban Accessories, and shall be black
power coated. The tree grates shall be shown on the
Improvement Plans to be located at the back of curb to the
approval of the Town Engineer and shall be installed with the
street trees prior to the first occupancy.
iii. STREET MARKINGS: The Applicant shall install necessary street markings
of a material and design approved by the Town Engineer and replace any
that are damaged during construction. These include but are not limited
to all pavement markings, painted curbs, and handicap markings. All
permanent pavement markings shall be thermoplastic and comply with
Caltrans Standards. Color and location of painted curbs shall be shown
on the plans and are subject to approval by the Town Engineer. Any
existing painted curb or pavement markings no longer required shall be
removed by grinding if thermoplastic, or sand blasting if in paint.
iv. CURB RAMP(S): The Applicant shall construct curb ramps in accordance
with the latest Caltrans State Standard Drawings and in the location
shown on the approve plans. The actual ramp "Case" shall be identified
on the plans and shall be to the approval of the Town Engineer.
v. CURB AND GUTTER: The Applicant shall replace to existing Town
standards all curb and gutter along the western side of Los Gatos
Boulevard’s frontage along the project site from the northern boundary
of North 40 Phase I to the southern boundary of APN 424-070-064. New
curb and gutter shall be constructed per the Town Standard Drawing ST-
210 (Vertical) adopted and in effect as of April 17, 2023.
vi. DRIVEWAY REMOVAL: The Applicant shall remove all existing driveway
approaches and replace them with sidewalk, curb, and gutter per the
Town Standard Drawings in effect as of April 17, 2023.
vii. SEWER CLEAN-OUT: The Applicant shall install the sewer lateral clean-out
on private property just behind the property line in accordance with the
West Valley Sanitation District standards in effect as of April 17, 2023.
Sewer clean-out(s) shall be constructed prior to occupancy of the first
building.
viii. WATER METER: The Applicant shall install the water meter(s) on private
property just behind the property line in accordance with the San Jose
Water Company standards.
ix. PARKING LOTS: The Applicant shall submit plans for all required off
street parking lots showing proper grading, drainage, ramps profile, and
parking dimensions in conformance with applicable Town parking
standards adopted and in effect as of April 17, 2023. The plans shall be
approved by the Town Engineer prior to the issuance of the first building
permit within a phase of the final subdivision map. Construction shall be
completed prior to the occupancy permit of any adjacent building.
x. BICYCLE PARKING: The Applicant shall provide both long-term bicycle
lockers and short-term bicycle racks on-site, as shown on the approved
site plan, to the approval of the Town Engineer. Construction of bicycle
parking shall be completed prior to the occupancy permit of any
adjacent building.
xi. STORM WATER CATCH BASIN(S): The Applicant shall install standard
storm water catch basins per approved plans and in accordance with the
Town Standard Drawing adopted and in effect as of April 17, 2023.
Construction shall be completed at the same time the associated
improvements are completed.
xii. STREETLIGHT(S): The Applicant shall provide and install seven (7)
standard galvanized steel octaflute electrolier streetlight poles with a
pole height of 30-feet on the project site’s frontage along Los Gatos
Boulevard. The Applicant is responsible for all PG&E service fees and
hook up charges. Any new service point connection required to power
the new lights shall be shown on the construction drawings along with
the conduit, pull boxes and other items necessary to install the
streetlights. An Isometric lighting level needs to be provided by the
designer/contractor. The Applicant shall provide a separate light study
of the impact of the proposed streetlights. The new streetlights shall
each have a 31-feet 9-inches mounting height with mounting arm length
of 8-feet. the Fixtures shall be CREE, Type III Cut-Off Model XSP2, 4000K,
240 volts, 165W or approved equal. The streetlights shall be installed at
the locations as shown on the approved offsite plans.
1) A letter shall be provided by PG&E stating that public street light billing
will be per Rule LS2A. Private lights shall be metered with billing
addressed to the homeowners’ association. Pole numbers, assigned by
PG&E, shall be clearly delineated on the plans.
2) Public street lighting will not be required/allowed per General Plan
update and Hillside designation. On-lot lighting shall be incorporated
and promoted.
xiii. BICYCLE FACILITIES: The Applicant shall install bike facilities as shown on
the approved plans and as directed by the Town Engineer.
61. TREE REMOVAL PERMIT: The Applicant shall apply and obtain a Tree Removal
Permit from the Parks and Public Works Department for the removal of existing
trees on-site or in the public right-of-way prior to the issuance of a building
permit or demolition building permit, whichever is issued first. Tree removals
shall be consistent with the arborist report and approved entitlement plans.
62. PHASED PERMITS: The Applicant may, with the approval of the Town Engineer,
phase the permits to expedite the construction process. If this is done, each
phase of the work will require a separate and complete set of plans to be
submitted, reviewed, and approved prior to the issuance of the said permit.
Overlapping of permits may occur, if approved by the Town Engineer. No work
on the next phase of construction, in advance of the permitted work, may
occur. No “at risk” work will be permitted. Only the below phased permitted
work will be allowed:
a. Clearing-Grubbing/Rough Grading;
b. Fine Grading;
c. Underground Utilities;
d. Site Improvements;
e. Off-Site Improvements; and
f. Plans shall be submitted, reviewed, and approved by the Town Engineer prior
to the commencement of work.
63. EXISTING FACILITY PROTECTION AND REPAIR: All existing public utilities shall be
either protected in place, relocated, or repaired. The Applicant shall repair or
replace all existing improvements not designated for removal, and all new
improvements that are damaged during construction or removed because of
the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights,
valley gutters, curb ramps, and any other existing improvements in the area
that are not intended to be removed and replaced. The Applicant shall request
a walk-through with the PPW construction Inspector before the start of
construction to verify existing conditions. Said repairs shall be completed prior
to issuance of the first certificate of occupancy of the project.
64. UNDERGROUND UTILITIES: This project abuts one of the Town’s Underground
Utility Districts. All new services to the development shall be placed
underground in accordance with the various utility regulations. Transformers
and switch gear cabinets within designated Underground Districts shall be
placed underground unless otherwise approved by the Town Engineer or if the
applicable utility company or district with jurisdiction otherwise requires.
Underground utility plans must be submitted to the Town and approved by the
Town Engineer prior to installation.
65. UTILITY RESPONSIBILITIES: The Applicant is responsible for the maintenance of
existing stormwater drainage facilities, including piped and open channel
stormwater conveyances in private areas. The Applicant is responsible for all
expenses necessary to connect to the various utility providers. Currently, the
public storm sewer system is owned and maintained by the Town of Los Gatos,
the water system in Los Gatos is owned and maintained by San José Water
Company, and the sanitary sewer system in Los Gatos is owned and maintained
by West Valley Sanitation District. Any alterations of the approved utilities
listed must be approved by the Town prior to any construction.
66. UTILITY COMPANY COORDINATION: The Applicant shall negotiate any
necessary right-of-way or easements with the various utility companies in the
area, subject to the review and approval by the Town Engineer and the utility
companies. Prior to the approval of the site plan for construction, the Applicant
shall submit “Will Serve” letters from PG&E, San José Water, West Valley
Sanitation District, West Valley Collections and Recycling, and AT&T (or the
current “Carrier of Last Resort”) with a statement indicating either a list of
improvements necessary to serve the project or a statement that the existing
network is sufficient to accommodate the project. Coordination of the
stormwater conveyance system will be addressed during the Grading Permit
review.
67. PREPARATION OF ELECTRICAL PLANS: All street lighting electrical plans shall be
prepared by a California registered professional engineer experienced in
preparing these types of plans.
68. EXTERIOR SITE LIGHTING STANDARDS: The Applicant shall submit a
photometric plan for on-site lighting showing lighting levels in compliance with
the Town Standard Specifications section 2.38. The plan shall show the
minimum maintained horizontal illumination in foot-candles and the uniformity
ratio for all areas. This lighting standard is applicable to all parking lots,
driveways, circulation areas, aisles, passageways, recesses, and accessible
grounds contiguous to all buildings. Private, interior courtyards not accessible
to the public are not required to meet this standard. The lighting system shall
be so designed as to limit light spill beyond property lines and to shield the light
source from view from off site. The photometric plan for each phase shall be
approved by the Town Engineer and shall be addressed on the construction
plans submitted for the first building permit within the applicable phase. Any
subsequent building permits that include any site lighting shall also meet these
requirements.
69. STORM DRAINAGE STUDY: The Applicant shall submit a Master Storm Drainage
Study for the entire proposed development stormwater conveyance system
evaluating pre- and post-development peak discharge rates for the theoretical
2-year, 10-year, and 100-year (50-percent, 10-percent, and 1-percent annual
chance) storm events including supporting hydraulic calculations for proposed
pipe network. The study must address sizing and design details for the
stormwater treatment systems proposed with the development. The study
shall include an evaluation of the project site drainage including topography,
natural drainage patterns, and existing man-made diversions (structures, raised
pads, fences, etc.). If the study indicates that the theoretical water surface
elevation or hydraulic grade line of the proposed development during a 10
percent annual chance storm event is above ground level at any point, the
Applicant shall construct and dedicate to the Town new downstream storm
drainage facilities necessary to achieve a connection point water depth no
more than 80 percent full during the projected 10 percent annual chance storm
event. The study must evaluate the 1 percent annual chance storm event base
flood elevation. The finish floor elevations of all structures shall be constructed
to be reasonable safe from flooding per Town Code Section 29.90.080(1) (c.)
which is typically done by constructing finished floors at 1-foot above base
flood elevation. The Applicant shall submit the master study for review and
approval by the Town Engineer. The applicant shall submit an amended Master
Storm Drainage Study for any phase of construction which modifies the storm
drainage system evaluated in the Master Storm Drainage Study. The amended
Master Storm Drainage Study shall be approved by the Town Engineer prior to
the issuance of the first building permit for the applicable phase.
70. STORMWATER MANAGEMENT PLAN: The Applicant shall develop a Storm Water
Management Plan (“SWMP”) that complies with the California Water Board
regulations and delineates site design measures, source control measures, low-
impact-development (LID) treatment measures, hydromodification
management measures, and construction site controls as appropriate. The Plan
must indicate erosion protection measures for the inlet structures (e,g., pipe
outlets, pump dissipator pipes, and/or bubblers). For the Bay Area Hydrologic
Modification (“BAHM”) analysis, the Applicant must provide pump operations
and intended routing during various runoff conditions (i.e., treatment runoff vs.
Hydrologic Modification controls) and the rationale for the pump size selected
relative to the treatment flow rate. The Applicant shall update the BAHM
analysis to conform to project conditions to the satisfaction of the Town
Engineer and include a summary of the changes made to the BAHM analysis
since the entitlement plan review for review by the C3 consultant. The
Applicant must select and indicate bioretention area plants capable of
withstanding and surviving the higher design ponding conditions if bioretention
is proposed. If pumps are proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable
of treating, to avoid consistently overwhelming the bioretention areas.
b. The Applicant must include an alarm system that will notify the owner or
operator of a pump failure.
c. If off-site improvements modify the quantities of regulated and
unregulated off-site impervious area, the Applicant must update Section 2,
item “d” and Section 8 of the C.3 Data Form to reflect those changes.
71. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The Applicant is
responsible for ensuring that all contractors including subcontractors are aware
of all stormwater quality measures and implement such measures. The
Applicant shall perform all construction activities in accordance with approved
Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and
Sediment Control, and the National Pollutant Discharge Elimination System
(NPDES) General Permit. Failure to comply with these rules and regulations will
result in the issuance of correction notices, citations, or a project stop order.
72. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No
through curb drains will be allowed in public curbs. Any storm drains (public or
private) directly connected to public storm system shall be stenciled/signed
with appropriate “NO DUMPING - Flows to Bay” NPDES required language
using methods approved by the Town Engineer on all storm inlets surrounding
and within the project parcel. Furthermore, storm drains shall be designed to
serve exclusively stormwater. Dual-purpose storm drains that switch to
sanitary sewer are not permitted in the Town of Los Gatos. No improvements
shall obstruct or divert runoff to the detriment of an adjacent, downstream or
down slope property.
73. OFF-SITE DRAINAGE – The Applicant shall not alter any existing drainage
patterns without an approved Grading Permit.
74. CLEAN, INSPECT, AND REPAIR STORM LINE: If the project will connect to the
public storm drainage system, the Applicant is required to evaluate the
conditions of the existing storm lines along the project frontage by videotaping
and providing the result to the Town Engineer. The Applicant shall clean and
inspect (via remote TV camera) the storm line from the manhole upstream to the
manhole downstream of the project area. The video inspection shall be done by
a professional video inspection company and be completed prior to building
permit issuance. The video of the inspection shall be reviewed with PPW and any
cracked, broken, or otherwise compromised integrity is found, the areas of the
line along the project frontage shall be repaired by the Applicant at the
applicant’s expense. The Applicant shall include the required repairs on the
Improvement Plans submitted. All necessary repairs to the storm line shall be
completed and approved prior to the project connecting to the storm drainage
system.
75. GRADING & DRAINAGE WINTER MORATORIUM: All grading activity shall comply
with the Municipal Regional Stormwater Permit and Chapter 12 of the Town
Code. There shall be no earthwork disturbance or grading activities between
October 15th and April 15th of each year unless approved by the Town
Engineer. In order to be considered for approval, the Applicant must submit a
Winterization Erosion Control Plan certified by a California certified QSD to the
Town Engineer for review and approval. If grading is allowed during the rainy
season, a maximum of two (2) weeks is allowed between clearing of an area
and stabilizing/building on the exposed area. The submission of a certified plan
does not guarantee approval. Any approved and executed plan must be kept
on-site while the project is in construction.
76. SWPPP AND EROSION CONTROL: The Applicant shall prepare and submit a
comprehensive stormwater pollution prevention plan (SWPPP) inclusive of
interim and final erosion control plans to the Town Engineer for review and
approval. The interim erosion control plan(s) shall include measures carried out
during construction before final landscaping is installed. Multiple phases of
interim erosion control plans may be necessary depending on the complexity of
the project. Interim erosion control best management practices may include silt
fences, fiber rolls, erosion control blankets, Town approved seeding mixtures,
filter berms, check dams, retention basins, etc. The Applicant shall ensure a
Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP)
monitors erosion and sediment control as required by the Construction General
Permit. The Applicant must take measures to ensure continuous compliance
with the Construction General Permit, and shall install, maintain, and modify
the erosion control measures as needed to continuously protect downstream
water quality. In the event an emergency modification is deemed necessary,
the Applicant is to implement necessary measures to protect downstream
waterways immediately and then submit the changes made within 24-hours to
the Town Engineer for review and approval. The Applicant shall provide the
Town Engineer the assigned Notice of Intent (NOI) permit number received
after filing a Notice of Intent under the Construction Stormwater General
Permit. The erosion control plans and SWPPP shall comply with applicable
measures contained in the most current Santa Clara County National Pollutant
Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). All
test submitted to the regional board must also be submitted to the Town
Engineer. Any fees or penalties assessed against the Town in response to the
Applicant’s failure to comply with the Permit must be paid by the Applicant.
The Applicant must permit Town staff onsite to conduct periodic NPDES
inspections throughout the recognized storm season to verify compliance with
the Construction General Permit and Stormwater ordinances and regulations.
77. SITE TRIANGLE AND TRAFFIC VIEW AREA: Fencing, landscaping, and permanent
structures shall not visually obstruct line of sight between three-feet and 7.5-
feet in height if located within the driveway view area, traffic view area, or
corner sight triangle. The driveway and intersection site triangles are
represented on Town Standard Drawing ST-231. The traffic view area and
corner sight triangle are shown on Town Standard Drawing ST-232. This
includes all above ground obstructions including utility structures, for example
electric transformers. The various clearance lines shall be shown on the site
plan to demonstrate compliance.
78. GEOTECHNICAL REVIEW: New development shall be sited away from high risk
geologic and seismic hazard zones or, if located in a high-risk zone, shall
incorporate construction techniques or specialized technologies to reduce risk.
Prior to any building permit issuance, the Applicant’s California State licensed
engineering geologist and/or geotechnical engineer shall submit a design level
geotechnical report for new developments proposed with significant grading,
potential erosion, and sedimentation hazards or in hazard zones mapped by
the State or identified by the Town, as shown in Figures 9-2 through 9-5 of the
Town’s 2040 General Plan Chapter 9 Hazards and Safety Element. The report
shall identify all site geologic, seismic, and geotechnical engineering conditions
and potential hazards and include appropriate design measures to mitigate
potential fault ground rupture/deformation impacts to acceptable levels. The
report shall also specify construction methods to protect existing and future
residences from identified hazards. The report will require a peer review by the
Town’s geological and geotechnical consultant. A deposit and fee for the peer
review will be required per the Town’s current fee schedule, unless there are
any remaining deposit funds from the entitlement phase. The Town will route
the design level geotechnical report to the Town’s peer review consultant once
the report is submitted and deposit and fee are available. Once the design level
report is approved, the Applicant’s geotechnical engineer shall review the
grading and drainage plan and proposed pavement and foundation designs to
verify that the designs are in accordance with their recommendations. The
Applicant’s geotechnical engineer’s approval shall be conveyed to the Town
either by letter or by signing and stamping the plans. All grading operations and
soil compaction activities shall be per the approved project’s design level
geotechnical report. The Applicant shall add this condition to the general notes
on the grading plan.
79. GEOTECHNICAL ENGINEER OBSERVATION: All grading activities shall be
conducted under the observation of, and tested by, a licensed geotechnical
engineer. A report shall be filed with the Town of Los Gatos for each phase of
construction stating that all grading activities were performed in conformance
with the requirements of the project’s design level geotechnical report. The
Applicant shall submit a Final Geotechnical Construction Observation and
Testing Summary in an “as-built” letter/report prepared and submitted to the
Town prior to issuance of the certificate of occupancy. The Applicant shall add
this condition to the general notes on the grading plan.
80. GEOLOGIC HAZARDS CHECKLIST: The applicant’s geotechnical engineer shall
complete, sign, stamp, and submit the Town’s Geologic Hazards Checklist for all
new proposed development to demonstrate that potential hazards have been
identified and that proposed structures, including grading cuts and fills, will be
designed to resist potential earthquake effects. The applicant shall submit this
form at the same time as the design level geological report.
81. PRECONSTRUCTION MEETING: After the issuance of any Grading or
Encroachment permit and before the commencement of any on or off-site
work, the Applicant shall request a pre-construction meeting with the PPW
Inspector to discuss the project conditions of approval, working hours, site
maintenance, and other construction matters. At that meeting, the Applicant
shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval;
b. They will require that all project sub-contractors read and understand
these project Conditions of Approval; and
c. They ensure a copy of these project Conditions of Approval will be posted
on-site at all times during construction.
82. STREET CUT RESTORATION: Where the Applicant makes pavement cuts on Los
Gatos Boulevard for a utility trench, the trench shall be backfilled using the
Town’s standard “T” trench detail, including Town-approved controlled density
fill. The asphalt thickness of the T trench section shall be a minimum of 3-inches,
meet Town standards, or shall match the existing pavement thickness,
whichever is greater. Because the utility trenches are expected to extend across
Los Gatos Boulevard to the furthermost northbound lane, the Applicant shall
grind off the existing thermoplastic lane markings and apply a micro-surfacing
coating along the entire length of Los Gatos Boulevard, from curb to curb, from
the northern boundary of North 40 Phase I to the southern boundary of APN
424-070-064 as directed by the Town Engineer. The Contractor shall schedule a
pre-paving meeting with the PPW Inspector prior to the day the paving is to
take place. Restoration materials shall be approved by the Town Engineer prior
to placement. All striping and pavement markings shall be replaced in-kind with
thermoplastic upon completion of roadway surfacing. All pavement
restorations shall be completed and approved by the Town Engineer within six
months of the final utility cuts on Los Gatos Boulevard, or as directed by the
Town Engineer.
83. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary
sewer system only. Site design must facilitate drainage away from building floor
drains.
84. GARBAGE/RECYCLE STORAGE AND SERVICE: The Applicant shall provide adequate
area for the purposes of storing garbage, composting and recycling collection
containers for scheduled servicing by the Town’s solid waste collection provider.
New food service buildings and/or multi-family residential complexes shall provide
a covered or enclosed area for dumpsters and recycling containers. The area shall
be designed to be hydrologically isolated. Areas around trash enclosures, recycling
areas, and/or food compactor enclosures shall not discharge directly to the storm
drain system. Any drains installed in or beneath dumpsters and compactors shall
be connected to the sanitary sewer. Any drains installed in or beneath tallow bin
areas serving food service facilities shall be connected to the sanitary sewer
system with a grease removal device prior to discharging. The Applicant shall
contact the local permitting authority and/or West Valley Sanitation District for
specific connection and discharge requirements. Per Town Code Section
29.10.09010, the collection containers shall not be placed in the right of way
except during the period of time necessary to allow removal of the waste. brought
to the service area on the day of service and returned to the storage enclosure by
the property owner that same day. The containers are not to be in public view or
in the public right-of-way prior to or beyond the scheduled service times. A letter
from West Valley Collection and Recycling confirming serviceability and site
accessibility shall be provided to the Town Engineer for approval prior to the
approval of an occupancy permit.
85. SITE LANDSCAPING COORDINATION: The Applicant shall coordinate the overall site
landscaping and, if proposed, the stormwater treatment area landscaping.
Stormwater treatment areas should be identified on the site first, and then site
landscaping to make sure the correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment
areas due to the nature of the facility. Sanitary sewer facilities cannot be aligned
through stormwater treatment facilities.
86. OFF-HOURS MATERIAL DELIVERY: The Applicant shall coordinate with the future
site operators of commercial uses so that all site delivery of materials and goods to
non-residential portions of the project are delivered off-hours and on-site. This will
allow the on-site customer parking for the development site to be utilized during
business hours and not be impacted by the staging of delivery vehicles. The
Applicant shall provide a written plan, to ensure that this condition is satisfied, prior
to occupancy of the first site building. The plan shall be to the approval of the Town
Engineer.
87. MULTI-FAMILY BUILDING LOADING ZONE – The Applicant shall provide a Town
compliant loading zone for the mixed-use building (building E1) that is 10-feet
wide and 30-feet long, or as determined by the Town Engineer. Construction
shall be completed prior to any occupancy permit is issued for the Multi-Family
Building (building E1).
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL
MAP OR PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT
THAT TIME.
88. DEDICATIONS: The Applicant shall dedicate in Fee title to an eight (8) foot wide
strip of land along the project frontage of Burton Road for roadway purposes. The
Applicant shall also dedicate a 14.5-feet public access easement along Los Gatos
Boulevard and public utility easement as shown on the approved plans and as
approved by the Town Engineer.
89. TEMPORARY CONSTRUCTION EASEMENT: Prior to the issuance of a grading or
building permit, it shall be the sole responsibility of the project to obtain any
and all proposed or required easements and/or permissions necessary to
perform any work on neighboring private property herein proposed. Proof of
agreement/approval is required prior to the issuance of any Permit.
90. SUBDIVISION (FINAL) MAP: The Applicant shall have a subdivision map,
prepared by a person authorized to practice land surveying in California,
delineating all parcels created or deleted and all changes in lot lines in
conformance with the Los Gatos Town Code and the Subdivision Map Act.
Existing buildings shall be demolished prior to the recordation of the map if
they conflict with any newly created lot line. The Town Council must approve
all Final Maps. The Town Council meeting will be scheduled approximately fifty
(50) days after the Final Map, Public Improvement Plans, Stormwater
Treatment Facilities Maintenance Agreement, Landscape Maintenance
Agreement, and Subdivision Improvement Agreement are approved by the
Town Engineer. The Final Subdivision Map shall be approved by PPW and
recorded by the County Recorder’s Office prior to the issuance of the first
building permit. In lieu of the Town Clerk’s Office coordinating the recordation
of the Final Map(s) with the County, the Applicant may submit a map
guarantee by the Applicant’s title company for the release of the signed Final
Map to the title company for recordation. Prior to the Town’s release of the
Final Map, the Town Engineer may require the Applicant to submit to the Town
an electronic copy of the map in the AutoCAD Version being used by the Town
at the time of recordation. It is the Applicant's responsibility to check with their
title company and the County Recorder’s Office to determine the time
necessary to have the map recorded after Town approval.
91. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter as a
contractor into a Subdivision Improvement Agreement (“SIA”) with the Town
per Town Code Section 24.40.020, Gov. Code Section 66462(a), and shall
arrange to provide Payment and Performance bonds each for 100 percent of
the cost of public infrastructure improvements to be constructed in the public
right-of-way and grading work performed onsite. These improvements shall
include, but are not limited to, roadway construction, sidewalk, curb and
gutter, storm lines, street lights, signal equipment, and earthwork. Town
Standard insurance shall be provided per the terms of the agreement. The
agreement shall be approved by the Town Council with the project’s first Final
Map.
92. MONUMENTS: The Applicant shall arrange for the engineer to have all
monuments set per the recorded map. A certificate letter by the Surveyor or
Engineer stating the monuments are set per plan shall be provided to the Town
Engineer prior to occupancy.
93. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R): The Applicant shall prepare
and submit draft project Covenants, Conditions and Restrictions (CC&R) for the
project, except for the affordable housing (Lot 19). The CC&Rs shall be
submitted with the project map for review of the Town Engineer, the Town
Attorney, and the Planning Manager. The CC&Rs shall include relevant project
Conditions of Approval. Such CC&R terms related to the project’s Conditions of
Approval and/or any obligations directly involving the Town shall be subject to
approval by the Town Engineer, the Town Attorney, and the Planning Manager
and shall include language that restricts the Homeowner’s Association from
making changes to those provisions of the CC&Rs related to the project’s
Conditions of Approval and/or any obligations directly involving the Town
without first obtaining approval from the Town. References to the Stormwater
Treatment Facilities Maintenance Agreement obligations shall be incorporated.
The CC&Rs shall be reviewed and approved by Town staff prior to the Town
Council approval of the Final map.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY WITHIN A PHASE OF THE
FINAL MAP, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME.
94. RECORD DRAWINGS: The Applicant shall submit a scanned PDF set of stamped
record drawings and construction specifications for all off-site improvements
related to the phase of the final map to the Department of Parks and Public Works.
All underground facilities shall be shown on the record drawings as constructed in
the field. The Applicant shall also provide the Town with an electronic copy of the
record drawings in the AutoCAD Version being used by the Town at the time of
completion of the work. The Applicant shall also submit an AutoCAD drawing file
of all consultants composite basemap linework showing all public improvements
and utility layouts. This condition shall be met prior to the release of utilities, final
inspection, or issuance of a certificate of occupancy, whichever occurs first.
95. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed
during construction. Improvements such as, but not limited to curbs, gutters,
sidewalks, driveways, signs, streetlights, pavements, raised pavement markers,
thermoplastic pavement markings, etc., shall be repaired or replaced to a
condition equal to or better than the original condition. Any new concrete shall be
free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or
replaced shall be at the direction of the PPW Inspector and shall comply with all
Title 24 Disabled Access provisions. The restoration of all improvements identified
by the PPW Inspector shall be completed before the issuance of a certificate of
occupancy. The Applicant shall request a walk-through with the PPW Inspector
before the start of construction to verify existing conditions.
96. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT: The
Applicant shall execute and record a Stormwater Treatment Facilities Maintenance
Agreement to ensure perpetual maintenance of the regulated project’s treatment
facilities. The agreement shall outline the operation and maintenance (O&M) plan
for the permanent storm water treatment facilities. The Town-Standard
Stormwater BMP Operation and Maintenance Agreement will be provided by PPW
upon request. The agreement shall be executed prior to occupancy of the first
building and include the following:
a. The property owner shall operate and maintain all on-site stormwater
treatment facilities in good condition and promptly repair/replace any
malfunctioning components.
b. The property owner shall inspect the stormwater treatment facilities at least twice
per
year and submit an inspection report to PPW at
PPW_Stormwater@losgatosca.gov no later than October 1st for the Fall report,
and no later than March 15th of the following year for the Winter report. Written
records shall be kept of all inspections and shall include, at minimum, the
following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and
vii. As applicable, the need for site re-inspection.
c. The property owner shall not make any design changes to the system with the
Town’s approval.
d. The property owner(s) shall develop a maintenance and replacement
schedule for the stormwater treatment facilities that describes maintenance
frequency and responsibility. This maintenance schedule shall be included
with the approved Stormwater Treatment Facilities Maintenance Agreement.
e. The property owner(s) shall reimburse the Town for the cost of site
inspections required under the Municipal Regional Permit.
f. The property owner(s) shall authorize Town Staff to perform maintenance
and/or repair work and to recover the costs from the property owner in the
event that maintenance or repair is neglected, or the stormwater
management facility becomes a danger to public health or safety.
97. STORMWATER MANAGEMENT FACILITIES INSPECTION: Prior to covering
underground stormwater treatment facilities or final inspection, as applicable,
the Applicant must facilitate the testing of all stormwater facilities by a certified
QSP or QSD to confirm the facilities are meeting the minimum design
infiltration rate. All tests shall be made at on 20 foot x 20 foot grid pattern over
the surface of the completed stormwater facility unless otherwise approved by
the Town Engineer. All soil and infiltration properties for all stormwater
facilities shall be evaluated by the geotechnical engineer. Percolation tests
(using Double Ring Infiltrometer Testing) at horizontal and vertical (at the
depth of the stormwater facility) shall be conducted for each stormwater
facility. A 50 percent safety factor shall be applied to the calculated percolation
test and shall be used as the basis for design (the design percolation rate). The
geotechnical report shall include a section designated for stormwater design,
including percolation results and design parameters. Sequence of construction
for all stormwater facilities (bioswales, detention/ retention basins, drain rock,
etc.) shall be done toward final phases of project to prevent silting of the
stormwater treatment facilities.
98. LANDSCAPE MAINTENANCE AGREEMENT: The Applicant shall enter into a
Landscape Maintenance Agreement with the Town of Los Gatos in which the
property owner agrees to maintain the vegetated areas along the project’s Los
Gatos Boulevard and Burton Road frontages located within the public right-of-
way. The agreement must be executed and accepted by the Town Attorney prior
to the issuance of any occupancy permit.
99. TRANSPORTATION DEMAND MANAGEMENT PLAN: The Applicant shall submit
for approval a Transportation Demand Management (“TDM”) Plan prior to the
issuance of any building permit within a phase. The TDM plan shall include
measures that are required to obtain the goal of a 15 percent vehicle trip
reduction. Such measures may include bicycle facility provisions, shower
facilities, local shuttle service, transit passes and subsidies, carpool incentive,
designated car share parking, or other trip-reducing measures. The TDM plan
shall also include a TDM Coordinator and identify the requirement for an
annual TDM effectiveness report to be submitted the Town of Los Gatos. The
TDM Plan shall be approved prior to the first occupancy of the given phase.
100. DEDICATION OF PUBLIC ACCESS EASEMENT FOR CONSTRUCTION OF BURTON
ROAD CONNECTION: The Applicant shall dedicate an irrevocable, nonexclusive
Public Access Easement (“PAE”) over Lots AAA, BBB, CCC, DDD, EEE, CC, and a
portion of Lot AA as shown on the vesting tentative map to the Town to
accommodate the Town or a third-party’s future construction of a through-
connection from the project site to Burton Road. Upon completion of the
through-connection, the PAE shall allow public vehicular access. The PAE shall
be conveyed to the Town on the final map phase that includes Lots AAA, BBB,
CCC, DDD, EEE, CC, and AA and perfected with an Easement Agreement that
includes plats and legal descriptions of the PAE, the form of which shall be
subject to the reasonable approval of the Town Engineer and the Town
Attorney. The Easement Agreement shall include rights for the Town or its
designee to construct the future through-connection within the PAE area using
a design approved by the Town, subject to the condition that the party
performing such construction shall repair or replace any improvements not
designated for removal and that are damaged during construction, including
without limitation, any public or private utilities within the PAE and
improvements located outside the PAE.
101. LOS GATOS BOULEVARD, SAMARITAN DRIVE, AND BURTON ROAD
INTERSECTION IMPROVEMENTS CONTRIBUTION: Upon completion of a future
through-connection from the project site to Burton Road, the project would
contribute additional traffic to the intersection of Los Gatos Boulevard/Burton
Road, which would be addressed through traffic signal improvements
conceptually estimated to cost $590,000 plus a 25 percent ($147,550) design
and construction contingency for a total of $737,500. The project’s fair share
contribution for the necessary improvements is calculated to be 22.9 percent
resulting in a shared cost estimate of $168,887.50. Funding shall be submitted
by the applicant within 30 days of notice from the Town that the connection
between the development and Burton Road is complete.
102. VMT REDUCTION STRATEGIES: For projects that would generate VMT, one or
more VMT reduction strategies included in the SB 743 Implementation
Decisions for the Town of Los Gatos (July 2020) document shall be required to
reduce VMT of the project. Examples of VMT reduction strategies that shall be
implement are provided below. The VMT reduction strategies are organized by
their relative scale for implementation (i.e., individual site level, Town-wide
level, and regional level).
Individual Site Level
• Encourage Telecommuting and Alternative Work Schedules: This strategy
relies on effective internet access and speeds to individual project
sites/buildings to provide the opportunity for telecommuting. This strategy
would reduce commute VMT but also result in a change in VMT for other
travel purposes; thus, this strategy should consider the net change in the
Town’s project-generated VMT.
• Provide Ride-Sharing Programs: This strategy focuses on encouraging
carpooling and vanpooling by project site/building tenants.
• Provide Local Shuttles: This strategy focuses on providing local shuttle
service. The local shuttles would provide service to transit hubs, schools,
commercial centers, and residential areas to improve transit connectivity
and address the “first/last mile” problems. Alternatively, a demand
responsive service could be provided as subsidized trips by contracting to
private transportation network companies (TNCs) or taxi companies. Note
that implementation of this strategy would require regional or local agency
implementation.
• Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on
employers purchasing or leasing vans or shuttles, and often subsidizing the
cost of at least program administration, if not more. Vanpools typically
service employee’s commute to work, while shuttles service nearby transit
stations and surrounding commercial centers. Scheduling and rider
charges, if any, are within the employer’s purview.
Town-Wide Level
Commented [A1]: Should this reference any future owner
so the developer will be off the hook when the property
sells?
Commented [A2R1]: COA 107 below uses this language
“or future owners and operators of development “
• Bicycle and Pedestrian Network Improvements: This strategy focuses on
creating a comprehensive bicycle and pedestrian network within the
project and connecting to nearby destinations. Projects in Los Gatos tend
to be smaller so the emphasis of this strategy would likely be the
construction of network improvements that connect the project site
directly to nearby destinations. Alternatively, implementation could occur
through an impact fee program or benefit/assessment district based on
regional or local plans such as the Bicycle and Pedestrian Master Plan and
Connect Los Gatos.
• Provide Traffic Calming Measures: This strategy combines the California Air
Pollution Control Officers Association (CAPCOA) research focused on traffic
calming with new research on providing a low-stress bicycle network.
Traffic calming creates networks with low vehicle speeds and volumes that
are more conducive to walking and bicycling. Building a low-stress bicycle
network produces a similar outcome. One potential change in this strategy
over time is which could enhance the effectiveness of this strategy.
• Implement Car-Sharing Program: This strategy reduces the need to own a
vehicle or reduces the number of vehicles owned by a household by
making it convenient to access a shared vehicle for those trips where
vehicle use is essential. Examples include programs like ZipCar, Car2Go,
and Gig.
• Limit Parking Supply: When combined with companion TDM measures,
reduced parking supply discourages driving by limiting easy and convenient
parking options. Implementation of this strategy may require reducing (or
removing) minimum parking requirements and allowing developers to use
shared parking strategies.
• Unbundle Parking Costs from Property Cost: Unbundling separates parking
costs from property cost, for instance by not including a parking space in a
residential unit’s rent, or by requiring employers to lease each parking
space separately from the building owner. This strategy ensures that the
user understands that the cost of driving includes parking and can
encourage people to use an alternative mode to save money.
• Implement Market Price Public Parking (On-Street): This strategy focuses
on implementing a pricing strategy for parking by pricing all on-street
parking in central business districts, employment centers, and retail
centers. Priced parking would encourage “park once” behavior and may
also result in area-wide mode shifts.
Regional Level
• Increase Density: This strategy focuses on increasing density of land uses,
where allowed by the General Plan and/or Zoning Ordinance, to reduce
distances people travel and provide more travel mode options. This
strategy also provides a foundation for many other strategies. For
example, densification increases transit ridership, which justifies enhanced
transit service.
• Increase Diversity of Urban and Suburban Developments: This strategy
focuses on inclusion of mixed uses within projects or in consideration of
the surrounding area to minimize vehicle travel in terms of both the
number of trips and the length of those trips.
• Increase Transit Accessibility: This strategy focuses on encouraging the use
of transit by locating a project with high density near transit. A project with
a residential/commercial center designed around a bus station is referred
to as a transit-oriented development (TOD).
• Integrate Affordable and Below Market Rate Housing: This strategy
provides greater opportunities for lower income families to live closer to
job centers since income effects probability that a commute will take
transit or walk to work.
• Increase Transit Service Frequency/Speed: This strategy focuses on
improving transit service convenience and travel time competitiveness
with driving. Given existing land use density in Los Gatos, this strategy may
be limited to traditional commuter transit where trips can be pooled at the
start and end locations, or it may require new forms of demand-responsive
transit service. Note that implementation of this strategy would require
regional or local agency implementation, substantial changes to current
transit practices, and would not likely be applicable for individual
development projects.
• Implement Area or Cordon Pricing: This strategy focuses on implementing
a cordon (i.e., boundary) pricing scheme, where a cordon is set around a
specific area to charge a toll to enter the area by vehicle. The cordon
location is usually the boundary of an area with limited points of access.
The cordon toll may be constant, applied during peak periods, or be
variable, with higher prices during congestion peak periods. The toll can
also be based on a fixed schedule or be dynamic, responding to real-time
congestion levels. Note that implementation of this strategy requires
alternative modes of travel that are available and reliable, such as high-
quality transit infrastructure.
103. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): In the event that the
Town adopts a TMA policy in the future, the Town and/or future owners and
operators of development in the North 40 Phase II area (inclusive of the
properties designated as Phase II in the North 40 Specific Plan as of the date of
the project’s SB 330 preliminary application) other than the project shall
participate in the TMA to fund, implement, coordinate and manage VMT-
reduction programs as determined appropriate by the TMA members. The TMA
shall also be responsible for conducting TDM monitoring to quantify
performance required by the Town. The Applicant (or the HOA formed by
Applicant) shall join and maintain membership in any TMA formed with service
area that includes the project site within either 6 months after the TMA
formation or the date of occupancy of the first unit in the project, whichever is
later. Participation in the TMA shall be optional for the operator of the
affordable housing located on Lot 19.
104. EMERGENCY RESPONDER RADIO COVERAGE: All new buildings, including parking
garages shall have approved radio coverage for emergency responders
throughout their interiors. Prior to issuance of the final occupancy permit, the
Applicant shall conduct a radio signal survey demonstrating compliance with
Section 510 of the California Fire Code and the applicable provisions of NFPA 72
(National Fire Alarm and Signaling Code) and NFPA 1221 (Standard for the
Installation, Maintenance, and Use of Emergency Services Communications
Systems). Radio coverage must meet a minimum signal strength of -95 dBm,
ensuring at least 95 percent coverage throughout general building areas and 99
percent coverage within critical areas, as defined by these standards. If the
survey shows inadequate coverage, the Applicant shall install an approved
Emergency Responder Radio Coverage System (ERRCS), such as an FCC-certified
signal booster or distributed antenna system (DAS), meeting the requirements
of the California Fire Code and referenced NFPA standards. All ERRCS
installations must include battery backup, monitoring systems, and shall be
tested and approved by the Fire Marshal (or designee) prior to occupancy. With
approval of the Community Development Director and Police Chief, the
requirements in this condition can be waived or modified when such change
would not unnecessarily impair the provision of emergency communication as
specified in this condition.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME.
105. PROJECT CONSTRUCTION SETUP: All storage and office trailers will be kept off
the public right-of-way.
106. PUBLIC WORKS CONSTRUCTION NOTICE: The contractor shall notify the PPW
Inspector at least ten (10) working days prior to the start of any construction
work. At that time, the Contractor shall provide an initial project construction
schedule and a 24-hour emergency telephone number list.
107. PROJECT CONSTRUCTION SCHEDULE: The contractor shall submit the project
schedule in a static PDF 11-inches by 17-inches format and Microsoft Project,
or an approved equal. The Contractor shall identify the scheduled critical path
for the installation of improvements to the approval of the Town Engineer. The
schedule shall be updated monthly and submitted to the PPW Inspector in the
same formats as the original.
108. PROJECT CONSTRUCTION HANDOUT: The Contractor shall provide to the Town
Engineer an approved construction information handout for the purpose of
responding to questions the Town receives regarding the project construction.
109. PROJECT CONSTRUCTION SUPERVISION: The Contractor shall always provide a
qualified supervisor on the job site during construction.
110. PUBLIC WORKS CONSTRUCTION INSPECTION: All work shown on the
Improvement Plans shall be inspected to the approval of the Town Engineer.
Uninspected work shall be removed as deemed appropriate by the Town
Engineer.
111. PROJECT CONSTRUCTION HOURS: Construction activities related to the issuance
of any PPW permit shall comply with Town Code Section 16.20.035 which
restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and
Saturday 9:00 a.m. to 4:00 p.m. No work shall be done on Sundays or on Town
Holidays unless otherwise approved by the Town Engineer. Please note that no
work shall be allowed to take place within the Town right-of-way after 5:00 p.m.
Monday through Friday. In addition, no work being done under Encroachment
Permit may be performed on the weekend unless prior approvals have been
granted by the Town Engineer. The Town Engineer may apply additional
construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
Onsite project signage must state the project construction hours. The permitted
construction hours may be modified if the Town Engineer finds that the
following criteria is met:
a. Permitting extended hours of construction will decrease the total time
needed to complete the project without an unreasonable impact to the
neighborhood.
b. Permitting extended hours of construction is required to accommodate a
construction requirement such as a large concrete pour or major road
closure. Such a need would be presented by the project's design
engineer and require approval of the Town Engineer.
c. An emergency situation exists where the construction work is necessary
to correct an unsafe or dangerous condition resulting in obvious and
eminent peril to public health and safety. If such a condition exists, the
Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval
required by the Town to mitigate significant environmental impacts.
e. The contractor or property owner will notify residential and commercial
occupants of adjacent properties of the modified construction work
hours. This notification must be provided three days prior to the start of
the extended construction activity.
f. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed by any
interested member of the public.
g. The Town Engineer may revoke the extended work hours at any time if
the contractor or owner of the property fails to abide by the conditions
of extended work hours or if it is determined that the peace, comfort,
and tranquility of the occupants of adjacent residential or commercial
properties are impaired because of the location and nature of the
construction.
h. The waiver application must be submitted to the PPW Inspector ten (10)
working days prior to the requested date of waiver.
112. PROJECT CONSTRUCTION BMPs: All construction activities shall conform to the
requirements of the CASQA Stormwater Best Management Practices
Handbooks for Construction Activities and New Development and
Redevelopment, the Town's grading and erosion control ordinances, the
project specific temporary erosion control plan, and other generally accepted
engineering practices for erosion control as required by the Town Engineer
adopted an in effect as of April 17, 2023, when undertaking construction
activities.
113. PROJECT CONSTRUCTION EXCAVATION: The following provisions to control
traffic congestion, noise, and dust shall be followed during site excavation,
grading, and construction:
a. All construction vehicles should be properly maintained and equipped with
exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour.
c. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as
possible.
d. Water trucks shall be present and in use at the construction site. All portions
of the site subject to blowing dust shall be watered as often as deemed
necessary by the
Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers
on all
unpaved access roads, parking areas, and staging areas at construction sites
in order to ensure proper control of blowing dust for the duration of the
project.
e. Watering on public streets and wash down of dirt and debris into storm drain
systems is prohibited. Streets will be cleaned by street sweepers or by hand
as often as deemed necessary by the PPW Inspector, or at least once a day.
Watering associated with on-site construction activity shall take place
between the hours of 8 a.m. and 5 p.m. and shall include at least one late-
afternoon watering to minimize the effects of blowing dust. Recycled water
shall be used for construction watering to manage dust control where
possible, as determined by the Town Engineer. Where recycled water is not
available potable water shall be used. All potable construction water from fire
hydrants shall be coordinated with the San José Water Company.
f. All public streets soiled or littered due to this construction activity shall be
cleaned and swept on a daily basis during the workweek to the satisfaction of
the Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions in
excess of 25 miles per hour, or that in the opinion of the PPW Inspector
cause excessive neighborhood dust problems.
h. Site dirt shall not be tracked into the public right-of-way and shall be
cleaned immediately if tracked into the public right-of-way. Mud, silt,
concrete and other construction debris shall not be washed into the
Town’s storm drains.
i. Construction activities shall be scheduled so that paving and foundation
placement begin immediately upon completion of grading operation.
j. All aggregate materials transported to and from the site shall be covered
in accordance with Section 23114 of the California Vehicle Code during
transit to and from the site.
k. Prior to issuance of any permit, the Applicant shall submit any applicable
pedestrian or traffic detour plans to the satisfaction of the Town Engineer for
any lane or sidewalk closures. The temporary traffic control plan shall be
prepared by a licensed professional engineer with experience in preparing
such plans and in accordance with the requirements of the latest edition of
the California Manual on Uniform Traffic Control Devices (MUTCD) and
standard construction practices. The Traffic Control Plan shall be approved
prior to the commencement of any work within the public right-of-way.
l. During construction, the Applicant shall make accessible any or all public and
private utilities within the area impacted by construction, as directed by the
Town Engineer.
m. The minimum soils sampling and testing frequency shall conform to Chapter 8
of the Caltrans Construction Manual. The Applicant shall require the soils
engineer submit to daily testing and sampling reports to the Town Engineer.
114. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to,
or larger than two-axle, six-tire single unit truck size as defined by FHWA
Standards, the Applicant shall submit a truck hauling route that conforms to
Town of Los Gatos Standards for approval. Note that the Town requires a Haul
Permit be issued for any hauling activities. The Applicant shall require
contractors to prohibit trucks from using “compression release engine brakes”
on residential streets. The haul route for this project unless otherwise approved
by the Town Engineer, shall be northbound Los Gatos Boulevard to Highway 85
or southbound Los Gatos Boulevard to westbound Lark Avenue to Highway 17.
A letter from the Applicant confirming the intention to use the designated haul
route shall be submitted to the Town Engineer for review and approval prior to
the issuance of any Town permits. All material hauling activities including but
not limited to, adherence to the approved route, hours of operation, staging of
materials, dust control and street maintenance shall be the responsibility of the
Applicant. Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m.
and 6:00 p.m.), and at other times as specified by the Town Engineer. The
Applicant must provide an approved method of cleaning tires and trimming
loads on site. All material hauling activities shall be done in accordance with
applicable Town ordinances and conditions of approval.
115. HERITAGE TREE PROTECTION MEASURES: The Applicant shall submit a tree
protection plan showing how all on- and off-site heritage trees will be protected
during construction. All approved and installed Heritage Tree protection
measures shall be installed prior to any site activities and maintained throughout
the period of construction. The Project Arborist shall complete inspections on an
as-needed basis during the construction period and shall submit a monthly
report of findings in an email or letter to the Town Engineer and Town Planner
assigned to this project.
116. PROJECT CLOSE-OUT: Prior to requesting a Final Inspection, the Applicant shall
submit to the Town Engineer a letter indicating that all project conditions have
been met, and all improvements are complete. All work must be completed to
the satisfaction of the Planning Director and Town Engineer prior to the first
occupancy. All public improvements, including the complete installation of all
improvements relative to streets, fencing, storm drainage, underground
utilities, etc., shall be completed and attested to by the Town Engineer before
approval of occupancy of any unit. Where facilities of other agencies are
involved, including those for water and sanitary sewer services, such
installation shall be verified as having been completed and accepted by those
agencies. In addition, the Applicant shall submit an itemized final quantities list
of all public improvements constructed on-site and within the public right-of-
way. The final quantities list shall be prepared by the project engineer and be
to the approval of the Town Engineer. The final quantities list shall be broken
out into on-site and off-site improvements based on the format provided by
the Town. Until such time as all required improvements are fully completed
and accepted by Town, the Applicant shall be responsible for the care,
maintenance, and any damage to such improvements. Town shall not, nor shall
any officer or employee thereof, be liable or responsible for any accident, loss
or damage, regardless of cause, happening or occurring to the work or
improvements required for this project prior to the completion and acceptance
of the work or Improvements. All such risks shall be the responsibility of and
are hereby assumed by the Applicant.
117. CONSTRUCTION WORKER PARKING: The Applicant shall provide a Construction
Parking Plan that minimizes the effect of construction worker parking in the
neighborhood and shall include an estimate of the number of workers that will
be present on the site during the various phases of construction and indicate
where sufficient off-street parking will be
utilized and identify any locations for off-site material deliveries. Said plan shall be
approved by the Town Engineer prior to issuance of Town permits and shall be
complied with at all times during construction. Failure to enforce the parking plan
may result in suspension of the Town permits. No vehicle having a manufacturer's
rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be
allowed to park on the portion of a street which abuts property in a residential
zone without prior approval from the Town Engineer (§15.40.070).
121. SITE WATER DISCHARGE: In accordance with the Town Code, Prohibition of Illegal
Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may
approve in coordination West Valley Sanitation District the discharge of
uncontaminated pumped ground waters to the sanitary sewer only when such
source is deemed unacceptable by State and Federal authorities for discharge to
surface waters of the United States, whether pretreated or untreated, and for
which no reasonable alternative method of disposal is available. Following the
verification of the applicable local, state and/or federal approvals, a Discharge Plan
will be approved and monitored by the Town Engineer.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES.
118. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): Post construction
storm water pollution prevention requirements shall include:
a. The Applicant shall be charged the cost of abatement for issues associated
with, but not limited to, inspection of the private stormwater facilities,
emergency maintenance needed to protect public health or watercourses, and
facility replacement or repair if the treatment facility is no longer able to meet
performance standards or has deteriorated. Any abatement activity performed
on the Applicant’s property by Town staff will be charged to the Applicant at
the Town’s adopted fully-loaded hourly rates.
b. Maintenance of the storm drain inlets “No Dumping – Drains to Bay”
plaques to alert the public to the destination of storm water and to prevent
direct discharge of pollutants into the storm drain. Template ordering
information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum based wastes, tallow,
and grease planned for storage outdoors shall be stored in covered
containers at all times.
d. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained
with permanent covers to prevent exposure of trash to rain. Trash enclosure
drains shall be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to
implement a plan for street sweeping of paved private roads and cleaning of all
storm drain inlets.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
119. GENERAL: Review of this Developmental proposal is limited to acceptability of site
access, water supply and may include specific additional requirements as they
pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. Prior
to performing any work, the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
120. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet G10) Approved automatic sprinkler
systems in new and existing buildings and structures shall be provided in the locations
described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the
more restrictive. For the purposes of this section, firewalls used to separate building
areas shall be constructed in accordance with the California Building Code and shall
be without openings or penetrations. NOTE: The owner(s), occupant(s) and any
contractor(s) or subcontractor(s) are responsible for consulting with the water
purveyor of record in order to determine if any modification or upgrade of the
existing water service is required. A State of California licensed (C-16) Fire Protection
Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their
work. CFC Sec. 903.2.
121. FIRE ALARM REQUIREMENTS: (As Noted on Sheet G10) Refer to CFC Sec. 907 and the
currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit
application to the SCCFD for approval before installing or altering any system. Call
(408) 341-4420 for more information.
122. EMERGENCY RESPONDER RADIO COVERAGE IN NEW BUILDINGS: (As Noted on Sheet
G10) All new buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety communication systems.
CFC Sec. 510.1.
123. FIRE HYDRANT SYSTEMS REQUIRED: (As Noted on Sheet G10) Where a portion of the
facility or building hereafter constructed or moved into or within the jurisdiction is
more than 400 feet from a hydrant on a fire apparatus access road, as measured by
an approved route around the exterior of the facility or building, onsite fire hydrants
and mains shall be provided where required by the fire code official. Exception: For
Group R3 and Group U occupancies equipped throughout with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2
or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section
507.5.1].
124. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C17) The fire department
connection (FDC) shall be installed at the street on the street address side of the
building. It shall be located within 100 feet of a public fire hydrant and within ten (10)
feet of the main PIV (unless otherwise approved by the Chief due to practical
difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2-
1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be
such that hose lines may be readily and conveniently attached to the inlets without
interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard].
125. STANDPIPES REQUIRED: (As Noted on Sheet G10) Standpipe systems shall be
provided in new buildings and structures in accordance with this section. Fire hose
threads used in connection with standpipe systems shall be approved and shall be
compatible with fire department hose threads. The location of fire department
hose connections shall be approved. Standpipes shall be manual wet type. In
buildings used for high-piled combustible storage, fire hose protection shall be in
accordance with Chapter 32. Installation standard. Standpipe systems shall be
installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905.
126. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: (As Noted on Sheet G10) Provide
public/private fire hydrant(s) at location(s) to be determined jointly by the Fire
Department and San Jose Water Company. Maximum hydrant spacing shall be 450
feet, with a minimum single hydrant flow of 4,500 GPM at 20 psi, residual. Fire
hydrants shall be provided along required fire apparatus access roads and
adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and
Appendix C.
127. BUILDINGS AND FACILITIES ACCESS: (As Noted on Sheet G10) Approved fire
apparatus access roads shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or with the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and shall
extend to within 150 feet of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility. [CFC, Section 503.1.1].
128. REQUIRED AERIAL ACCESS: (As Noted on Sheet C17) 1. Where required: Buildings
or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above
the lowest level of fire department vehicle access shall be provided with approved
fire apparatus access roads capable of accommodating fire department aerial
apparatus. Overhead utility and power lines shall not be located within the aerial
fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a
minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any
building or portion of building more than 30 feet (9144 mm) in height, as shown on
the approved vesting tentative map. 3. Proximity to building: At least one of the
required access routes meeting this condition shall be located within a minimum of
15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be
positioned parallel to one entire side of the building, as approved by the fire code
official. SCCFD SD&S A-1.
129. TURNING RADIUS: (As Noted on Sheet C17) As shown on the approved vesting
tentative map, the minimum inside turning radius is 30 feet and outside turning
radius is 50 feet for required access roadways. Greater radius up to 60 feet may be
required where the Fire Department determines that Ladder Truck access is
required. Circulating refers to travel along a roadway without dead ends.
130. FIRE DEPARTMENT ROADWAY TURNAROUND REQUIRED: (As Noted on Sheet C17)
Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Provide an
approved fire department roadway turnaround with a minimum radius of 50 feet
outside and 30 feet inside. Maximum grade in any direction shall be 5%.
Installations shall conform with Fire Department Standard Details and
Specifications A-1. [CFC Section 503.2.5].
131. REQUIRED FIRE FLOW: The fire flow for this project is 6000 GPM at 20 psi residual
pressure. If an automatic fire sprinkler system will be installed, the fire flow will be
reduced by 25%, establishing a required adjusted fire flow of 4500 GPM at 20 psi
residual pressure. Note: The minimum required number and spacing of the
hydrants shall be in accordance with CFC Table C102.1.
132. TIMING OF INSTALLATION: (As Noted on Sheet G10) When fire apparatus access
roads or a water supply for fire protection is required to be installed, such protection
shall be installed and made serviceable prior to and during the time of construction
except when approved alternative methods of protection are provided. Temporary
street signs shall be installed at each street intersection when construction of new
roadways allows passage by vehicles in accordance with Section 505.2. Construction
documents. Construction documents for proposed fire apparatus access, location of
fire lanes, security gates across fire apparatus access and construction documents and
hydraulic calculations for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. CFC Sec. 501.3, 501.4.
133. GROUND LADDER ACCESS: (As Noted on Sheet C17) Ground-ladder rescue from
second and third floor rooms shall be made possible for fire department operations.
With the climbing angle of seventy-five degrees maintained, an approximate walkway
width along either side of the building shall be no less than seven feet clear.
Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503
and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
134. PARKING: When parking is permitted on streets, in both residential/commercial
applications, it shall conform to the dimensions shown on the approved street
sections included with the vesting tentative map.
NOTE: Fire lane and turnaround striping shall be provided and verified by site
inspection.
135. FIRE LANES REQUIRED: (As Noted on Sheet C17) Fire apparatus access roads
shall be designated and marked as a fire lane as set forth in Section 22500.1
of the California Vehicle Code.
136. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS: Where access to or within
a structure or an area is restricted because of secured openings or where immediate
access is necessary for lifesaving or firefighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The Knox
Key Box shall be a of an approved type and shall contain keys to gain necessary
access as required by the fire code official. Locks. An approved Knox Lock shall be
installed on gates or similar barriers when required by the fire code official. Key box
maintenance. The operator of the building shall immediately notify the fire code
official and provide the new key when a lock is changed or re-keyed. The key to such
lock shall be secured in the key box. [CFC Sec. 506].
137. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based
fire protection systems, and/or fire suppression water supply systems or storage
containers that may be
physically connected in any manner to an appliance capable of causing
contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2019 CFC
Sec. 903.3.5 and Health and Safety Code 13114.7.
138. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals,
as appropriate to the project. CFC Chp. 33.
139. ADDRESS IDENTIFICATION: New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by
the fire code official, address numbers shall be provided in additional approved
locations to facilitate emergency response. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6
mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by
means of a private road and the building cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the structure.
Address numbers shall be maintained. CFC Sec. 505.1.
140. TWO-WAY COMMUNICATION SYSTEM: (As Noted on Sheet G10) Two-way
communication systems shall be designed and installed in accordance with NFPA
72 (2022 edition), the California Electrical Code (2022 edition), the California Fire
Code (2022 edition), the California Building Code (2022 edition), and the city
ordinances where two-way system is being installed, policies, and standards.
Other standards also contain design/installation criteria for specific life safety
related equipment. These other standards are referred to in NFPA 72.
141. REQUIRED SECONDARY FIRE DEPARTMENT ACCESS: (As Noted on Sheet C17)
Commercial and Industrial Developments 1. Buildings exceeding three stories or
30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three
stories in height shall have a least two means of fire apparatus access for each
structure. 2. Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 mm) shall be
provided with two separate and approved fire apparatus access roads. Exception:
Projects having a gross building area of up to 124,000 square feet (11520 mm)
that have a single approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler systems. Multi-Family
Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential
projects having more than 100 dwelling units shall be equipped throughout with
two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as
adopted.
142. GENERAL: This review shall not be construed to be an approval of a violation of
the provisions of the California Fire Code or of other laws or regulations of the
jurisdiction. A permit presuming to give authority to violate or cancel the
provisions of the fire code or other such laws or regulations shall not be valid. Any
addition to or alteration of approved construction documents shall be approved
in advance. [CFC, Ch.1, 105.3.6].
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Direct No.: 415.655.8114
ephillips@bwslaw.com
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County
1 California Street - Suite 3050
San Francisco, California 94111-5432
voice 415.655.8100 - fax 415.655.8099
www.bwslaw.com
March 6, 2025
Jocelyn Shoopman
Senior Planner
Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
Re: Supplemental Material for 14859 Los Gatos Blvd and 16270 Burton Road
(APN 424-07-009, -053, -081, -094, -095, -115, -116, and -052)
Architecture and Site Application S-23-031
Subdivision Application M-23-005
Dear Ms. Shoopman:
On behalf of Grosvenor Property Americas (“Applicant”), we are pleased to submit
further updates to our complete application for a development project at 14859 Los Gatos Blvd
and 16270 Burton Road (“Project Site”) in the Town of Los Gatos (“Town”) to develop 450
homes, 15,000 square feet of retail, over 3,000 square feet of commercial and civic space, and
associated on- and off-site improvements (the “Project”).
The Applicant submitted a complete preliminary application for the Project on April 18,
2023, and followed with its formal development application on September 18, 2023. The Town
found the application complete on April 17, 2024. The Town’s completeness determination
included numerous substantive comments regarding the Project. The Applicant supplemented its
complete application in May of 2024, and the Town issued a series of written consistency
evaluation letters on July 17, 2024. The Applicant submitted additional information on October
3, 2024, which triggered further comments from the Town on October 30, 2024. The Applicant
responded with revisions on November 23, 2024, and the Town provided additional written
comments on December 23, 2024. Since then, the Applicant team and the Town staff have had
ongoing meetings and exchanged written comments. Based on those discussions we believe that
this submittal fully responds to the comments raised by the Town in its December 23, 2024
letters.
EXHIBIT 24
March 6, 2025
Page 2
I. Updated Project Description.
The Applicant proposes the construction of the Project, a mixed-use housing
development project that includes 450 homes, 15,000 square feet of retail, over 3,000 square feet
of commercial and civic space, and associated on- and off-site improvements located in the
North 40 Specific Plan area of the Town.
The Project Site is 15.65 total acres, which includes unbuildable areas, areas planned for
open space, and all of the land that will be dedicated to the public for access to the Project’s
circulation system and public utilities. Excluding the primary backbone public infrastructure and
circulation portions of the Project Site that will be dedicated by easement for public use results in
a lot area of 14.47 acres, which conservatively includes alleys, open space, and undevelopable
land on the Project Site.
The Project Site currently includes eight (8) single family homes, which would be
demolished (as anticipated in the previously certified North 40 Specific Plan Environmental
Impact Report) and replaced by the Project.
The Town’s Housing Element includes the Project Site in its inventory of sites available
for housing development that will be affordable to lower income households to accommodate the
Town’s RHNA. The Housing Element designates the Project Site for residential development at
a minimum density of at least 30 dwelling units per acre, and it assumed a development capacity
of up to 461 units. The Project proposes 450 dwelling units on a site area of 14.47 acres,
resulting in a gross density of 31.1 du/ac, which is consistent with the Housing Element’s use
and density designations.
The Project’s residential program will provide a total of 450 new rental apartments and
for-sale and/or rental town homes. Of the 450 total units, the Project will dedicate 77 units as
units that will be rented to lower income households, as defined in Section 50079.5 of the Health
and Safety Code as affordable rents, as defined in Section 50053 of the Health and Safety Code.
The 77 dedicated units will include 67 affordable rental homes available to low and very low-
income households (in addition to one unit reserved for a manager) on approximately 1.25 acres
that will be transferred to an affordable housing developer. Ten additional units dedicated to
low-income households will be made available in the Project’s mixed-income multi-family
building.
The 450 homes are complemented by various resident amenities and community-serving
ground floor commercial spaces within the multi-family rental building. The new buildings are
arranged around a generously sized central public open space (the “Meadow”), open to all and
visible from Los Gatos Boulevard along a pedestrian “Paseo”. The Meadow will feature active
uses, landscaping, and an interpretive display that features the existing red barn, that collectively
celebrate the Property’s agricultural heritage. The Meadow will also include a new public
March 6, 2025
Page 3
pavilion, which is designed to be adaptable for a variety of civic, community and/or retail uses
for future flexibility.
Adjacent to the public open space, a 2,400 square foot barn-inspired commercial space,
Building J, is proposed and envisioned to complement both the Meadow’s agrarian theme and
the retail uses in Building I. A new 4,800 square foot retail building (Building I) is located
closer to Los Gatos Boulevard and is designed to be sub-dividable for multiple tenants and
includes generous outdoor dining areas. Building J and Building I are part of approximately
15,000 square feet of commercial space that helps create vibrancy and a sense of place.
The Project includes all necessary access, circulation, streetscape, and landscaping to
complement and service the new buildings and to complete relevant sections of the bicycle and
pedestrian routes through and around the site. On-site streets will be connected to existing North
40 Phase I streets. The Applicant will dedicate land to the Town to accommodate the future
widening of Burton Road and a through-connection between Burton Road and the Project to
complete the internal circulation system as anticipated in the North 40 Specific Plan.
II. The Project is Consistent with Applicable Objective Development Standards.
On January 31, 2023, the Town adopted its first version of the Sixth Cycle Housing
Element Update, which was adopted and in effect when the Applicant submitted its complete
preliminary application. The California Department of Housing and Community Development
(“HCD”) found that the Town’s January 31, 2023 Housing Element did not substantially comply
with the requirements of state Housing Element law. The Town made numerous revisions to its
Housing Element in response to HCD’s findings before adopting a substantially compliant
Housing Element that HCD certified on July 10, 2024. However, because the Project has a
vested right to proceed under the ordinances, policies, and standards in place at the time the
Applicant submitted the preliminary application, the January 31, 2023 Housing Element applies.
(See Gov. Code § 65589.5(o).)
The Project proposes to provide 77 of its 450 dwelling units at rents affordable to lower
income households as defined in Health and Safety Code section 50079.5. Therefore, the Project
is “housing for very low, low-, or moderate-income households” as defined in the Housing
Accountability Act. (Gov. Code § 65589.5(h)(3).) In addition, as discussed above, the Project is
consistent with the Housing Element’s land use and density designations. Because the Town
identified the Project Site “as suitable or available for very low, low-, or moderate-income
households” in its Housing Element, and the Project is consistent with the Housing Element’s
specified density, the Town may not “disapprove or conditionally approve” the Project,
notwithstanding potential inconsistencies with the Town’s “zoning ordinance [including the
North 40 Specific Plan] and general plan land use designation.” (Gov. Code §
65589.5(d)(5)(A).) This means that the Town’s Housing Element overrides the North 40
Specific Plan’s requirement as applied to the Project.
March 6, 2025
Page 4
Because the Project provides 77 of its 450 dwelling units as affordable to lower income
households, it is eligible for benefits under the State Density Bonus Law, including two
concessions/incentives that result in cost reductions and unlimited waivers of development
standards necessary to accommodate the Project as proposed. (Gov. Code § 65915(d)(2)(B), (e).)
Attachment A to this letter includes a complete enumeration of all requested
incentives/concessions and waivers, and the updated Objective Design Standards checklist
references such modifications where appropriate.
Finally, the Project complies with the Town’s affordability requirements as adopted in
the BMP Ordinance (Division 6 of Chapter 29 of the Town Code). Of the Project’s 450 total
units, 373 units would be rented or sold at market rate. The Town’s BMP Ordinance requires
that 20 percent of the 373 market rate units – or 75 units – be reserved as affordable housing.
The Project exceeds this requirement and will dedicate 77 units (21 percent of the market rate
units) as units dedicated to lower income households, as defined in Section 50079.5 of the Health
and Safety Code as affordable rents, as defined in Section 50053 of the Health and Safety Code.
Note that because the Project’s complete preliminary application was submitted before
the Town adopted a Housing Element certified by HCD, the Project is eligible for the Builder’s
Remedy. This means that Town would be forbidden from denying the Project, even if the
Project were not consistent with the Town’s standards. Although the Project is eligible for the
Builder’s Remedy, it is not necessary to invoke the Builder’s Remedy here, because the Project
complies with the Housing Element and applicable, objective standards as modified via the State
Density Bonus Law.
III. Conclusion
With this submittal, the Applicant has responded to each of the Town’s substantive,
applicable comments provided on December 23, 2024, and during subsequent conversations and
meetings with Town staff. Accordingly, we look forward to the Project’s Planning Commission
hearing in April.
Sincerely,
Eric S. Phillips
Encls.
September 3, 2025 Version
4903-2191-1588 v3 1
14859 Los Gatos Blvd and 16270 Burton Road (APN 424-07-009, -053, -081, -094, -095, -115, -116, and -052)
Architecture and Site Application S-23-031 Subdivision Application M-23-005 Proposed Density Bonus Concessions, Waivers, and Parking Reductions
Although the Project meets many of the General Plan policies, including the land use and density
designated in the Housing Element, and the guidelines of the North 40 Specific Plan, the Applicant seeks incentives or concessions, waivers, and parking reductions pursuant to the State Density Bonus Law (Gov. Code § 65915).
The Project will dedicate 77 of its 450 units to be rented to lower income households, as defined
in Section 50079.5 of the Health and Safety Code at a monthly cost that is an affordable rent, as defined in Section 50053 of the Health and Safety Code. Note that this level of affordability equals 21 percent of the Project’s market rate units, which exceeds the affordability requirements in the Town’s BMP Ordinance. In addition, by providing this level of affordability, the Project
is entitled to the following benefits under State Density Bonus Law:
• A density bonus of 30.5% 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 parking provided in uncovered or tandem spaces, that do not exceed specified ratios. (Gov. Code
§ 65915(p).)
As detailed below, the Applicant proposes to use the State Density Bonus Law’s concessions, waivers, and parking reduction benefits to allow the development of the Project as proposed. In addition, the Applicant reserves the right to modify the request to include different or additional
concessions and waivers if needed to address additional applicable development standards.
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 at least 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.
September 3, 2025 Version
4903-2191-1588 v3 2
Although portions of the Project incorporate commercial elements, it is not financially feasible to
develop commercial spaces on 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.1 2. Alternative BMP Phasing Requirements. Los Gatos Municipal Code Section 29.10.3025
requires that “BMP units shall be constructed and Certificate of Occupancies secured
concurrently with or prior to the construction of the market-rate units.” It also provides that “The Town Council may grant an exception to the phasing requirements during the project approval process.” Due to the phased nature of the Project, it is necessary for a portion of the Project’s market rate units to develop and receive Certificates of Occupancy to raise sufficient
funds to create the building pad and infrastructure necessary to develop the 100% affordable
multifamily building on Lot 19 within the Project. Specifically, the Project needs the ability to develop and sell 127 units (29% of the 450 total units in the Project) before being required to develop the 100% affordable multifamily building. If the Project were required to include affordable units within the first 127 units built and developed, it would reduce the return on these
units and increase the cost burden of financing the creation of the 100% affordable multifamily
building on Lot 19. Therefore, approval of a concession to allow for alternative BMP phasing requirements would result in actual and identifiable cost reductions for the Project. Notwithstanding this proposed concession, if the mixed-income multifamily building (Building E1) on Lot 18 develops before the Project has secured full financing for the development of Lot
19, the Project would provide BMP units within Building E1 in proportion to the Project’s
market-rate units. Moreover, if Building E1 develops after the Project has secured full financing for the development of Lot 19, the Project would provide the 10 BMP units required within Building E1 concurrently with Building E1’s market-rate units.
To memorialize the requested alternative BMP phasing requirements, while continuing to
provide the Town with security that all 450 units within the Project would be developed, the Project proposes the following condition be memorialized as part of the Project approvals: PHASING OF THE CONSTRUCTION OF BMP UNITS: At full buildout
of the project, sufficient units to qualify the project for two incentives or
concessions under the State Density Bonus Law under subdivision (e) of Section 65915 of the Government Code (i.e., 77 units of the project’s 450 units) shall be restricted for occupancy by lower income households, as defined by Section 50079.5 of the Health and Safety Code, at affordable
rents for the assumed household size, calculated pursuant to Section 50053
of the Health and Safety Code, for each restricted unit. Such units shall constitute the project’s BMP units.
1 See HCD Notice of Violation to City of Elk Grove (October 12, 2022), which concludes that allowing residential ground floor development in mixed use areas that otherwise require ground floor commercial uses results in actual and identifiable cost reductions such that refusal to approve a concession would violate the State Density Bonus Law.
September 3, 2025 Version
4903-2191-1588 v3 3
Prior to the approval of building permits for residential units, the applicant shall execute and record an affordable housing agreement in a form subject
to the Town Attorney’s reasonable approval. The affordable housing
agreement shall:
• Require the applicant to provide no fewer than 10 BMP units affordable to lower income households in Building E1 on Lot 18
as shown on the vesting tentative map. The BMP units within Building E1 shall be constructed and Certificate of Occupancies secured in proportion with or prior to the construction of the market rate units within Building E1;
• Require the applicant to provide no fewer than 67 BMP units affordable to lower income households with one unrestricted manager’s unit in Building G1 on Lot 19 as shown on the vesting tentative map;
• Restrict BMP units for a term of 55 years from the date of the
initial occupancy of the BMP units;
• Include terms regarding provisions for marketing, income certification, and screening of potential renters of BMP units including the financing of ongoing administrative and
monitoring costs. The affordable housing agreement shall also include the following phasing requirements and performance criteria:
• The Town shall issue no more than 127 Certificates of Occupancy (29% of the 450 total units in the project) until the project satisfies the Affordable Housing Completion Milestone.
• The “Affordable Housing Completion Milestone” shall mean:
o The applicant or its assignee has completed all backbone infrastructure and grading necessary to serve Lot 19; and o The applicant or its assignee has accepted an
allocation of 4% or 9% Low Income Housing Tax
Credits to construct no fewer than 67 BMP units affordable to lower income households with one unrestricted manager’s unit on Lot 19.
• Until the project achieves the Affordable Housing Completion
Milestone, the applicant or its designee shall diligently pursue financing for the construction of the 68 approved units on Lot 19. This shall require, at a minimum, the submittal of an application for private grant funding or county, state, and/or
federal government funding at least once per calendar year.
• The applicant may elect to commence Building E1 before achieving the Affordable Housing Completion Milestone subject to the following:
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o If Building E1 is developed before any townhomes, 17% of total units within Building E1 (e.g., 44 of 255
units) shall be provided as BMP units.
o If Building E1 is developed after some or all of the townhomes have received Certificates of Occupancy, Building E1 shall provide 44 units as BMP units plus 17% of the number of townhomes
that have received Certificates of Occupancy (up to
21 additional BMP units in Building E1).
o Once the project achieves the Affordable Housing Completion Milestone, the affordability restrictions shall be released from all but 10 units in Building E1.
Waivers When considering the following proposed waivers, it is important to remember that “[i]n no case may [the Town] apply any development standard that will have the effect of physically
precluding the construction of a development [that qualifies for the State Density Bonus Law] at
the densities” allowed and with the requested concessions. (See Gov. Code, § 65915(e)(1).) Cases have confirmed that once a project qualifies for a density bonus, “the law provides a developer with broad discretion to design projects with additional amenities even if doing so would conflict with local development standards.” (Bankers Hill 150 v. City of San Diego (2022)
74 Cal.App.5th 755, 774-75; see also Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329,
1346–1347 [waivers must be granted even though redesigning thee project to decrease amenities would reduce the need for waivers].) 1. Increased Maximum Height. Section 2.5.2 of the North 40 Specific Plan and referenced in
Policy LU5 sets a maximum building height of 30 feet across the Project site and Section
2.5.7(b) sets a maximum building height of 25 feet for buildings located within 50 feet of Los Gatos Boulevard. The Project requires a waiver to allow the Affordable Multifamily (Building G) units to achieve a maximum height of 63 feet measured from the lowest natural grade to highest roof surface or 61 feet when measured from the proposed grade, and the town home units
to achieve a maximum height of 49 feet when measured from the lowest natural grade or 44 feet
when measured from lowest proposed grade, and the Mixed‐Income Multifamily (Building E) units to achieve a maximum height of 100 feet from when measured from the lowest natural grade to the highest roof surface or approximately 94 feet when measured from the lowest proposed grade. It should be noted that Building E is approximately 89 feet when measured from
Los Gatos Boulevard and that detailed measurements are included in the updated architectural
sheets in the attached revised drawings (Planning Comments 18, 27 and 29). The Specific Plan’s development standards do not accommodate the Project’s proposed density, which is allowed pursuant to the adopted Housing Element. Increased height is necessary for each proposed
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building typology to accommodate the proposed unit count and necessary parking facilities across the Project site.2, 3
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 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:
• A.2.1. (100% affordable multifamily housing, townhomes, and commercial buildings only) Short-term bicycle parking cannot be accommodated within 50' of each building
entry while maintaining adequate space for residential density and proposed open space. In the alternative, the project distributes bike parking throughout the site to balance even distribution and convenience, while also supporting active community use.
• A.2.2. (100% affordable multifamily housing, mixed-use multifamily, and townhomes)
Long-term bicycle parking is provided at one space per unit. To maintain adequate space for residential density and proposed open space, short-term bicycle parking is provided at a ratio of one space per 2,000 square feet of non-residential floor area.
• A.3.4.e. (100% affordable multifamily housing and mixed-use multifamily only) To
maintain adequate space for residential density and proposed open space, long‐term
bicycle spaces are proposed to be accommodated with stacked parking. Although the proposed bicycle racks would not meet the Objective Design Standards’ dimensions, a reduction is necessary to provide adequate long-term bicycle parking without reducing the Project’s residential density.
• A.5.1. (Commercial building only) The project is designed to prioritize the pedestrian experience and active ground-floor retail uses where the buildings have frontage on C1 Street, D4 Street, and the Pedestrian Paseo, which is proposed as a Project amenity serving the public and future Project residents. It is necessary to locate surface parking
between the buildings and Los Gatos Boulevard, otherwise the Project would need to be
redesigned to remove the proposed amenity or reduce its residential density.
• A.6.3, (Mixed-use multifamily only) The multifamily building has a parking structure, and a pedestrian access gate cannot be provided without redesigning the Project and
2 In some cases, the height waivers proposed may exceed the more precise heights shown on the architectural plans. We propose rounding the height up to nearest foot to allow for some variance between the current plans and final
construction plans.
3 See HCD Notice of Violation to City and County of San Francisco (December 29, 2022), which concludes that it is a violation of the State Density Bonus Law to approve a project subject to a condition of approval that the applicant reduce the height proposed as a waiver.
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affecting its density. Pedestrians can access the exterior by using an elevator, corridor or stairs.
• A.10.2. (Mixed-use multifamily and townhomes only) The Project requires a new unbroken retaining wall between C5 Street and the neighboring property so long as the adjacent grade remains lower than the Project Site’s grade to support development at the permitted density.
• A.11.1.b. (100% affordable multifamily housing, mixed-use multifamily, and townhomes) The 100% affordable multifamily building cannot accommodate balconies and cannot meet the private open space requirements while maintaining the unit count. The mixed-use multifamily building can accommodate balconies on only 49% of the units (126 units) without reducing Project density. In addition, it may be necessary for
the Project to remove some or all of the roof decks from the townhomes before submitting for building permits.
• A.12.1. (Mixed-use multifamily and commercial buildings only) The Project proposes a Paseo to connect Los Gatos Boulevard to the Meadow, which would house the ground
floor retail consistent with the Project’s first concession request and serve as a Project
amenity serving the public and future Project residents. Providing 75 percent of any street-facing façade would require a Project redesign to remove the proposed amenity and conflict with its concession request.
• B.1.1. (Townhomes only) The primary street-facing façade of the townhomes complies
with B1.1.1b, c, and f. However, since each facade of the townhomes faces a street, depending on siting, it is not possible for the townhomes to comply with the requirement that all street-facing facades incorporate three of the identified design solutions.
• B.1.2. (100% affordable multifamily housing and mixed-use multifamily only) An upper-
story setback would reduce the density of the Project.
• B.3.1. (Mixed-use multifamily only) The mixed‐use multifamily building (E1) cannot comply with the requirement to install horizontal eave breaks every 40 feet of building façade without redesigning the Project and reducing its density.
• B.4.1. (Townhomes only) Townhomes comply at Front Facade of each building, but redesigning the Project to differentiate the base of the buildings at the Rear/Garage or Side Facades would affect the overall residential capacity by reducing the building form and floor area for the Project’s residential uses.
• B.4.3. (100% affordable multifamily housing and townhomes only) The 100% affordable multifamily building (6 points) and the townhomes (14 points) cannot reach 16 points through street‐facing façade plan variation while maintaining the unit count.
• B.4.4. (Townhomes only) The Project proposes the Meadow as an amenity serving the
public and future Project residents. Townhomes H1 and H2 are designed to face the Meadow rather than the street to activate this project amenity. As a result, the garage doors on these two townhomes exceed 40 percent of the length of the façade; otherwise, the Project would need to be designed to modify the proposed amenity or reduce its residential density.
• B.4.6.b. (Commercial building only) The Project proposes a Paseo to connect Los Gatos Boulevard to the Meadow, which would house the ground floor retail consistent with the Project’s first concession request and serve as a Project amenity serving the public and future Project residents. To activate the Paseo and accommodate the design of this
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Project amenity consistent with the Project’s concession request, the commercial buildings deviate from the façade requirements.
• B.4.10. (Townhome F3 only) Townhome B3 is adjacent to a single-family use and cannot be designed to set back five additional feet from the façade plan of the lower floor without reducing the project’s residential development capacity.
• B.4.11. (Mixed-use multifamily building and townhomes only) The mixed-use
multifamily building’s balconies extend into the airspace beyond the building footprint, as does the balcony for Townhome F3. This encroachment must be allowed to accommodate the project’s residential density and open space amenities.
• B.4.13. (Mixed-use multifamily building only) The mixed‐use multifamily building (E1)
cannot comply with the façade requirement without redesigning the Project and reducing
its density. 4. BMP Program Standards. As noted above, because the Project is consistent with the Housing Element’s designated density for the Property and because it reserves 77 of its units as affordable
to lower income households, the Housing Accountability Act prohibits the Town from denying
the Project based on inconsistencies with zoning standards, including the Town’s BMP Program. However, to the extent applicable, we request a waiver from the BMP Program requirement to provide affordable units proportionately in the same unit type mix as the market rate units and to have the units be dispersed throughout the Property. Because the Project would involve a
partnership with a non‐profit developer to provide affordable housing units using tax credits and
other financing mechanisms that require the affordable units be consolidated, compliance with the BMP Program requirements would physically preclude development of the Project. Likewise, requiring larger affordable units would result in few units per building, reducing the Project’s density.
Parking Reductions Consistent with the standards established in subdivision (p) of Government Code section 65915, the Applicant proposes that the mixed-use multifamily housing building and the townhomes be
subject to the following minimum parking ratios, inclusive of guest parking:
• Zero to one bedroom: one onsite parking space;
• Two to three bedrooms: one and one‐half onsite parking spaces; and
• Four and more bedrooms: two and one‐half parking spaces. Note that the 100% affordable multifamily housing building complies with the Town’s parking standards, which require less parking than the State Density Bonus Law. Therefore, this portion
of the request is not applicable to the affordable housing component of the Project.
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Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025YES NON/ASHEETObj. Design Std.Yes/No/NA Applicant Response Yes/No/NA Applicant Response Yes/No/NA Applicant Response Yes/No/NA Applicant ResponseYES NON/ASHEETA.1.1G3, C6, L1.00A.1.1Yes4-foot-wide min. pedestrian pathway network is provided throughout the side to all on-site buildings, entries, facilities, amenities, vehicular & bicycle parking. See Civil Sections on C6 and note added to Landscape Site Plan on L1.00Yes4-foot-wide min. pedestrian pathway network is provided throughout the side to all on-site buildings, entries, facilities, amenities, vehicular & bicycle parking.See Civil Sections on C6 and note added to Landscape Site Plan on L1.00Yes4-foot-wide min. pedestrian pathway network is provided throughout the side to all on-site buildings, entries, facilities, amenities, vehicular & bicycle parking. See Civil Sections on C6 and note added to Landscape Site Plan on L1.00Yes4-foot-wide min. pedestrian pathway network is provided throughout the side to all on-site buildings, entries, facilities, amenities, vehicular & bicycle parking.See Civil Sections on C6 and note added to Landscape Site Plan on L1.00A.1.2G3A.1.2YesProject CompliesYesProject CompliesYesProject CompliesYesProject CompliesYES NON/ASHEETL4.02A.2.1G12A.2.1NoBike parking is distributed throughtout the site to consider even distribution and convenience, while also supporting active community use. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YesShort-term bicycle parking is distributed throughout the project site area near building entrances. NoShort-term bicycle parking cannot be accommodated within 50' of each townhome entry door while maintaining adequate space for residential density and proposed open space. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.NoShort-term bicycle parking cannot be accommodated within 50' of each building entry while maintaining adequate space for residential density and proposed open space. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. A.2.2G12A.2.2NoLong-term bicycle parking is provided at one space per unit. Short-term bicycle parking cannot reasonably be provided at a rate of one space per dwelling unit while maintaining adequate space for residential density and proposed open space. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. One space per 2,000 square feet of non-residential floor area is provided. See sheet G12 for more information.NoLong-term bicycle parking is provided at one space per unit. Short-term bicycle parking cannot reasonably be provided at a rate of one space per dwelling unit while maintaining adequate space for residential density and proposed open space. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. One space per 2,000 square feet of non-residential floor area is provided. See sheet G12 for more information.NoLong-term bicycle parking is provided at one space per unit. Short-term bicycle parking cannot reasonably be provided at a rate of one space per dwelling unit while maintaining adequate space for residential density and proposed open space. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. One space per 2,000 square feet of non-residential floor area is provided. See sheet G12 for more information.YesOne space per 2,000 square feet of non-residential floorarea is provided. See sheet G12 for more information.A.2.3L4.02 A.2.3N/AProject Complies. See 3/L4.02.YesProject Complies. See 3/L4.02.YesProject Complies. See 3/L4.02.YesProject Complies. See 3/L4.02.XA.2.4N/AA.2.4N/ANot applicable, all short-term racks are less than 20 spaces, and distributed throughout the site.N/ANot applicable, all short-term racks are less than 20 spaces, and distributed throughout the site.N/ANot applicable, all short-term racks are less than 20 spaces, and distributed throughout the site.N/ANot applicable, all short-term racks are less than 20 spaces, and distributed throughout the site.YES NON/ASHEETA.3.1A2.100 A4.011 A4.013A.3.1YesProject Complies. See A2.100.YesProject Complies. See A4.011 and A4.013.N/ANot applicable; Townhomes have garages.N/ANot applicableA.3.2A2.100 A4.020 A4.011 A4.013A.3.2YesProject Complies. See A2.100.YesProject Complies. See A4.020, A4.011 and A4.013.N/ANot applicable; Townhomes have garages.N/ANot applicableA.3.3N/A A3.3a N/A Not Applicable, Bicycle Room Provided N/A Not Applicable, Bicycle Room Provided N/A Not applicable; Townhomes have garages.N/A Not applicableN/A A3.3b N/A Not Applicable, Bicycle Room Provided N/A Not Applicable, Bicycle Room Provided N/A Not applicable; Townhomes have garages.N/A Not applicableN/AA3.3c N/A Not Applicable, Bicycle Room ProvidedN/A Not Applicable, Bicycle Room ProvidedN/A Not applicable; Townhomes have garages.N/A Not applicableA.3.4A2.100, A2.300 A4.013A3.4aYesProject Complies. See A2.100 and A2.300. YesProject Complies. See A4.013.N/ANot applicable; Townhomes have garages.N/ANot applicableA2.100, A2.300 A4.013A3.4bYesProject Complies. See A2.100 and A2.300. YesProject Complies. See A4.013.N/ANot applicable; Townhomes have garages.N/ANot applicableA2.100, A2.300 A4.013A3.4cYesProject Complies. See A2.100 and A2.300. YesProject Complies. See A4.013.N/ANot applicable; Townhomes have garages.N/ANot applicableA2.100, A2.300 A4.013A3.4dYesProject Complies. See A1.101 and A2.100. 10' separation is provided when loading bikes on both sides (6' aisle + 2' on each side for maneuvering room). 8' separation is provided when loading bikes on one side (6' aisle + 2' on one side for maneuvering room).YesProject Complies. See A4.013.N/ANot applicable; Townhomes have garages.N/ANot applicableA.3. Long-Term Bicycle Parking (Class I)Short-term bicycle parking (Class II bicycle parking facility) consists of racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.Short-term bicycle parking space shall be located within 50 feet of the primary pedestrian building entrance.Short-term bicycle parking shall be provided at a rate of one space per dwelling unit and one space per 2,000 square feet of non-residential floor area.A.1. Pedestrian AccessObjective Design StandardAll on-site buildings, entries, facilities, amenities, and vehicular and bicycle parking areas shall be internally connected with a minimum four-foot-wide pedestrian pathway or pathway network thatmay include use of the public sidewalk. The pedestrian pathway network shall connect to the public sidewalk along each street.Pedestrian pathways within internal parking areas shall be separated from vehicular circulation by a physical barrier, such as a grade separation or a raised planting strip, of at least six inches in height and at least six feet in width. A pedestrian pathway is exempt from this standard where it crosses a parking vehicular drive aisle.a. Dimensions of 42 inches wide, 75 inches deep, and 54 inches high.Objective Design StandardA. SITE STANDARDSAPPENDIX B – OBJECTIVE DESIGN STANDARDS CHECKLIST - CUMULATIVEObjective Design StandardLong-term bicycle parking facilities (Class I bicycle parking facility) consists of bicycle lockers or bicycle rooms with key access for use by residents.Long-term bicycles parking facilities shall be located on the ground floor and shall not be located between the building and the streetEach short-term bicycle parking space shall be a minimum of seven feet in length and two feet in width.If more than 20-short term bicycle spaces are provided, at least 50 percent of the spaces shall be covered by a permanent solid-roofed weather protection structure.A.3. Long-Term Bicycle Parking (Class I)A.2. Short-Term Bicycle Parking (Class II)Objective Design Standardb. Must withstand a load of 200 pounds per square foot.c. Opened door must withstand 500-pound vertical load.Bicycle rooms with key access minimum requirements:a. Bicycle rooms shall have a minimum ceiling height of seven feet.b. Bicycle rooms shall contain racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.c. Long-term bicycle parking spaces shall be served by an aisle with a minimum width of six feet.d. Maneuverability space of at least two feet shall be provided between the aisle and long-term bicycle parking spacesMulti-family residential and residential mixed-use buildings shall provide one long-term bicycle parking space per dwelling unit. Developments such as townhomes that include individual garages for each unit shall not be required to provide long-term bicycle parking.Bicycle locker minimum requirements:Applicants are responsible for accurately responding to each objective design standard listed below by indicating whether each standard has been met or does not apply. Applicants shall indicate the sheet(s) within the project plans that show compliance with each objective design standard.Appendix B – OBJECTIVE DESIGN STANDARDS CHECKLISTAPPLICANT RESPONSIBILITYBicycle rooms with key access minimum requirements:Commercial BuildingsA.2. Short-Term Bicycle Parking (Class II)100% Affordable Housing Mixed Use Multifamily TownhomesPage 1 of 7EXHIBIT 25
Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025A2.100 A4.013A3.4eNoTo maintain adequate space for residential density and proposed open space, the Affordable Housing proposes horizontal stacked parking. See sheet A2.100. Each 78" x 34" clear module can store (4) bicycles. Although the proposed bicycle racks would not meet the Objective Design Standards’ dimensions, a reduction is necessary to provide adequate long-term bicycle parking without reducing the Project’s residential density. Because a waiver pursuant to the State Density Bonus Law has beenrequested, this standard is not applicable. NoTo maintain adequate space for residential density and proposed open space, the Multi-family building provides a mix of two-tier lift assist, vertical and circular bicycle racks to provide a higher capacity to meet the requirements. A variety of bicycle rack types are proposed to accommodate a variety of bicycle sizes. Seesheet A4.013. Although the proposed bicycle racks would not meet the Objective Design Standards’ dimensions, a reduction is necessary to provide adequate long-term bicycle parking without reducing the Project’s residential density. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot applicable; Townhomes have garages.N/ANot applicableYES NO N/ASHEETA.4.1G3A4.1YesProject complies, see G3.YesProject complies, see G3.YesProject complies, see G3.YesProject complies, see G3.YES NO N/ASHEETA.5.1G3 A.5.1YesProject complies, see G3.YesProject complies, see G3.YesProject complies, see G3.NoThe project is designed to prioritize the pedestrian experience and active ground-floor retail uses where the buildings have frontage on C1 Street, D4 Street, and the Pedestrian Paseo, which is proposed as a Project amenity serving the public and future Project residents. It is necessary to locate surface parking between the buildings and Los Gatos Boulevard, otherwise the Project would need to be redesigned to remove the proposed amenity or reduce its residential density. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.A.5.2G3 A.5.2YesProject complies, see G3.YesProject complies, see G3.YesProject complies, see G3.YesProject complies, see G3.YES NO N/ASHEETA.6.1A4.011 A4.301 A.6.1N/ANot Applicable.YesMulti-family Building has a Parking Structure. At the garage entry closest to D4 Street and going down into level B, a roll-up door is provided. A minimum 18 feet between this roll up door and back of sidewalk is provided. At the garage entry located mid-block along C5 Street and going into level 1, no gates or roll-up doorare provided, so the 18 feet clearance is not provided at this location. See sheet A4.011 and A4.301, detail 2.N/ANot Applicable.N/ANot Applicable.A.6.2A4.011A.6.2N/ANot Applicable.YesMulti-family Building has a Parking Structure. See sheet A4.011.N/ANot Applicable.N/ANot Applicable.A.6.3A4.020A.6.3N/ANot Applicable.NoMulti-family Building has a Parking Structure, but a pedestrian access gate cannot be provided without redesigning the project and affecting its density. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. Pedestrians can access the exterior by using elevator, corridor or stairs. See sheet A4.020.N/ANot Applicable.N/ANot Applicable.YES NO N/ASHEETA.7.1EL100EL300 EL301A.7.1YesProject complies, see sheets EL100, EL300 and EL301.YesProject complies, see sheets EL100, EL300 and EL301.YesProject complies, see sheets EL100, EL300 and EL301.YesProject complies, see sheets EL100, EL300 and EL301.A.7.2EL100 A.7.2YesProject complies, see sheet EL100YesProject complies, see sheet EL100YesProject complies, see sheet EL100YesProject complies, see sheet EL100A.7.3L1.00 through L1.11A.7.3YesProject complies. See L1.00 and landscape enlargements on sheets L1.01 through L1.11.YesProject complies. See L1.00 and landscape enlargements on sheets L1.01 through L1.11.YesProject complies. See L1.00 and landscape enlargements on sheets L1.01 through L1.11.YesProject complies. See notes on L1.00 and landscape enlargements on sheets L1.01 through L1.11.A.7.4A2.100-A2.104 A3.1.1.101,A3.2.1.101,A3.3.1.101,A3.4.1.101,A3.5.1.101, A3.6.1.101A.7.4YesAffordable housing complies; see sheet A2.100-A2.104.YesMultifamily complies; see sheet A4.108.YesTownhomes Comply; See Sheet A3.1.1.101, A3.2.1.101, A3.3.1.101,A3.4.1.101, A3.5.1.101, A3.6.1.101YesBlock I and pavilions comply. See 5/A5.202. YES NO N/ASHEETA.8.1G4A.8.1YesProject complies. Note added to L1.00 through L1.11.YesProject complies. Note added to L1.00 through L1.11.YesProject complies. Note added to L1.00 through L1.11.Yes See notes on L1.00 and landscape enlargements on sheets L1.01 through L1.11.A parking structure shall not occupy more than 50 percent of the building width of any street-facing façade, and it shall be recessed a minimum of five feet from the street-facing façade of the building.For projects with five or more residential units and that have a vehicle access gate to the parking structure, a pedestrian gate shall also be provided.Objective Design StandardSurface parking lots and carports shall not be located between the primary building frontage and the street.Uncovered parking rows with at least 15 consecutive parking spaces shall include a landscape area of six feet minimum width at intervals of no more than 10 consecutive parking stalls. One tree shall be provided in each landscape area.A.6. Parking Structure AccessObjective Design StandardOff-street parking lots shall have vehicular circulation using an internal vehicular network that precludes the use of a public street for aisle-to-aisle internal circulation.Any vehicular entry gate to a parking structure shall be located to allow a minimum of 18 feet between the gate and the back of the sidewalk to minimize conflicts between sidewalks and vehicle queuing.A.5. Parking Location and Designe. Each horizontal long-term bicycle parking space shall be a minimum of seven feet in length, two feet in width, four-and one-half feet in height. Each vertical long-term bicycle parking space shall be a minimum of three-and one- half feet in length, two feet in width, and seven feet in height.A.4. Vehicular AccessObjective Design StandardRooftop mechanical equipment shall be screened from view from the street. Solar equipment is exempt from this requirement.A.8. Landscaping and ScreeningObjective Design StandardAt least 50 percent of the front setback area shall be landscaped.A.7. UtilitiesObjective Design StandardPedestrian-oriented lighting shall be provided along all pedestrian paths in community recreation spaces. Exterior lighting fixtures shall be a minimum of three feet and a maximum of 12 feet in height. Light fixtures shall be placed along the pedestrian path at a spacing of no more than 30 linear feet.Exterior lighting shall be fully shielded and restrain light to a minimum 30 degrees below the horizontal plane of the light source. Lighting shall be arranged so that the light will not shine directly on lands of adjacent residential zoned properties. Uplighting is prohibited.Street-level views of ground level utility cabinets, mechanical equipment, trash, and service areas shall be screened from sight with landscape planting, fencing, or a wall, as allowed by the Town Code. The screening shall be at least the same height as the item being screened and screening that is not landscape material shall be constructed with one or more of the materials used on the primary building.A.8. Landscaping and ScreeningA.4. Vehicular AccessA.5. Parking Location and DesignA.6. Parking Structure AccessA.7. UtilitiesPage 2 of 7
Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025A.8.2L1 seriesA.8.2N/ANot Applicable.YesProject complies. See note added to L1.00.N/ANot Applicable.N/ANot Applicable.A.8.3L1.00A.8.3YesSurface parking lots are screened by primary building or 3-foot height landscaping. See sheet L1.00.YesSurface parking lots are screened by primary building or 3-foot height landscaping. See sheet L1.00.N/ANot Applicable.YesProject complies. See note on Sheet L1.00.YES NO N/ASHEETA.9.1A2.100A.9.1Yes100% Affordable Housing complies this this standard - no fences, walls or gates witin setbacks. YesNo fences, walls, or gates within setbacks. YesNo fences, walls, or gates within setbacks. YesNo fences, walls, or gates within setbacks. A.9.2N/A A.9.2 Yes Project complies. Yes Project complies. Yes Project complies. Yes Project complies.A.9.2N/A A.9.2N/ANot Applicable.N/ANot Applicable.N/ANot Applicable.N/ANot Applicable.A.9.4A4.011 A4.201 A.9.4N/ANot Applicable.YesThe multi-family building complies. The overhead roll up open grill door at the basement entry is greater than 50% open free area and view as noted on sheet A4.011 and A4.201.N/ANot Applicable.N/ANot Applicable.YES NO N/ASHEETA.10.1C7-C12A.10.1YesProject complies. YesProject complies. YesProject complies. YesProject complies. A.10.2C7-C12A.10.2YesProject complies. NoThere is a new retaining wall between C5 street and the neighboring property. Adjacent neighbor existing grade is lower than this project site. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.NoThere is a new retaining wall between C5 street and the neighboring property. Adjacent neighbor existing grade is lower than this project site. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YesProject complies. YES NO N/ASHEETA.11.1G11A.11.1YesRecreational and landscaped spaces are annotated alongside Open Space on Sheet G11.YesRecreational and landscaped spaces are annotated alongside Open Space on Sheet G11.YesRecreational and landscaped spaces are annotated alongside Open Space on Sheet G11.YesRecreational and landscaped spaces are annotated alongside Open Space on Sheet G11.G11 A.11.a.YesProject complies. See Sheet G11.YesProject complies. See Sheet G11.YesProject complies. See Sheet G11.YesProject complies. See Sheet G11.A1.101 A4.030-A4.031A.11.b.No100% Affordable Housing Building cannot accommodate balconies and cannot meet the private open space requirements while maintaining the unit count. See sheetA1.101. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. No49% of the units (126 units) comply with private recreation space requirement. The remainder of the units cannot accommodate balconies while maintaining the unit count. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. YESAll Townhome units comply as currently designed, see Townhome plan sheets. Note that to achieve theproposed density, it may be necessary for the Project to remove some or all of the roof decks before submitting for building permits, which would cause the Project to fall short of the open space standard. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard would not be applicable, and future modifications would be allowed.N/ANot Applicable.G3 A.11.b.i.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. See sheet G3.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. See sheet G3.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. See sheet G3.N/ANot Applicable.A2 Series A3 SeriesA4.030-A4.031A.11.b.ii.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. No49% of the units (126 units) comply. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. YESAll Townhome units comply, see Townhome plan sheets.N/ANot Applicable.G11A.11.c.YESResidential community recreation space (100 sf x 255 units = 25,500 sf) is provided as part of the site-wide open space. See sheet G11.YESResidential community recreation space (100 sf x 255 units = 25,500 sf) is provided as part of the site-wide open space. See sheet G11.YESResidential community recreation space (100 sf x 255 units = 25,500 sf) is provided as part of the site-wide open space. See sheet G11.N/ANot Applicable.G11A.11.c.i.YESFor the purposes of this calculation, the Meadow and the Paseo meet the Community Recreation space requirement. Please see sheet G11 for more information.YESFor the purposes of this calculation, the Meadow and the Paseo meet the Community Recreation space requirement. Please see sheet G11 for more information.YESFor the purposes of this calculation, the Meadow and the Paseo meet the Community Recreation space requirement. Please see sheet G11 for more information.YESFor the purposes of this calculation, the Meadow and the Paseo meet the Community Recreation space requirement. Please see sheet G11 for more information.A1.101 G11 A.11.c.ii.YES100% Affordable Housing building complies. Recreation space requirements are indicated on sheet A1.101. Total site community recreation space is indicated on G11 alongside site Open Space requirements.YESFor the purposes of this calculation, the Meadow and the Paseo meet the Community Recreation space requirement. Please see sheet G11 for more information.YESFor the purposes of this calculation, the Meadow and the Paseo meet the Community Recreation space requirement. Please see sheet G11 for more information.N/ANot Applicable.N/A A.11.c.iIi.N/ANot Applicable.G11A.11.c.iv.N/ANot Applicable.YESProject complies without counting the Mixed Use Multi-Family landscaped roof. See sheet G11.N/ANot Applicable.N/ANot Applicable.YES NO N/ASHEETA minimum 10-foot-wide landscape buffer shall be provided along the full length of the shared property line between multi-family or Residential Mixed- Use development and abutting residential properties. The buffer shall include the following:a. A solid masonry wall with a six-foot height, except within a street-facing setback where walls are not permitted; andb. Trees planted at a rate of at least one tree per 30 linear feet along the shared property line. Tree species shall be selected from the Town of Los Gatos Master Street Tree List and shall be a minimum 15-gallon size.Solid vehicular and pedestrian entry gates are prohibited. Entry gates shall be a minimum 50 percent open view.A.10. Retaining WallsObjective Design StandardRetaining walls shall not exceed five feet in height. Where an additional retained portion is necessary, multiple-terraced walls shall be used. Terraced walls shall set back at least three feet from the lower segment.Retaining walls shall not run in a straight continuous direction for more than 50 feet without including the following:a. A break, offset, or landscape pocket in the wall plane of at least three feet in length and two feet in depth; andb. Landscaping at a minimum height of three feet at the time of installation along a minimum of 60 percent of the total length of the retaining wall.A.11. Landscaped, Private, and Community Recreation SpacesSurface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three A.9. FencingObjective Design StandardFences, walls, and gates within required setbacks along all street frontages are prohibited unless used to screen on-site parking spaces from view from the street.Chain link fencing is prohibited.Perimeter barrier gates for vehicles and pedestrian entry gates shall have a maximum height of six ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.iii. A project with four or less residential units is exempt from community recreation space requirements.iv. Landscaped roof space can satisfy both required landscaping requirements and community recreation space requirements. Landscaped roof space may not be used to satisfy more than 50 percent of the required landscaping for the site.A.12. Building PlacementObjective Design StandardThe landscaped, private, and community recreation spaces listed below are required for all qualifying projects. Community recreation spaces and private recreation spaces are calculated independent of each other. Landscaped areas within community recreation spaces can contribute to required minimums for both landscaped area and community recreation space.a. Landscaped space: A minimum of 20 percent of the site area shall be landscaped.b. Private recreation space: The minimum horizontal dimension is six feet in any direction and a minimum area of 60 square feet. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit. Landscaped sections of private recreation space shall not count towards required landscaping requirements.i. Each ground floor dwelling unit shall have a minimum of 120 square feet of usable private recreation space.ii. Each dwelling unit above the ground floor shall have a minimum of 60 square feet of usable private recreation space. Where multiple balconies are provided for a single unit, the 60-square-foot minimum can be an aggregate of all balconies, provide each balcony meets the requirements for minimum horizontal dimensions.Objective Design StandardA.11. Landscaped, Private, and Community Recreation SpacesA.12. Building PlacementA.10. Retaining WallsA.9. Fencingc. Community recreation space: The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the non-residential square footage.Page 3 of 7
Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025A.12.1A1.100A.12.1N/ANot Applicable.NoThe Project proposes a Paseo to connect Los Gatos Boulevard to the Meadow, which would house the ground floor retail consistent with the Project’s first concession request and serve as a Project amenity serving the public and future Project residents. Providing 75 percent of any street-facing façade would require a Project redesign to remove the proposed amenity and conflict with its concession request. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.NoThe Project proposes a Paseo to connect Los Gatos Boulevard to the Meadow, which would house the ground floor retail consistent with the Project’s first concession request and serve as a Project amenity serving the public and future Project residents. Providing 75 percent of any street-facing façade would require a Project redesign to remove the proposed amenity and conflict with its concession request. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.A.12.2L1.11 A4.011 A.12.2N/ANot Applicable.YESProject Complies with all elements utilized. Refer to sheet A4.011 for location of commercial storefront. Amenities below are detailed all along the commercial storefront and shown on L1.11.N/ANot Applicable.N/ANot Applicable.L1.11 A.12.2.a. N/A Not Applicable. YES See note above. N/A Not Applicable. N/A Not Applicable.L1.11 A.12.2.b.N/ANot Applicable.YESSee note above.N/ANot Applicable.N/ANot Applicable.L1.11 A.12.2.c.N/ANot Applicable.YESSee note above.N/ANot Applicable.N/ANot Applicable.L1.11 A.12.2.d. N/A Not Applicable. YES See note above. N/A Not Applicable. N/A Not Applicable.YES NO N/ASHEETB.1.1See belowB.1.1YES100% Affordable Housing - Complies, as noted below.YESMixed Use Multi-Family - Complies, as noted below.NoThe primary street-facing façade of townhomes complies with B1.1.1b, c, and f. However, since each facade of the townhomes faces a street, depending on siting, the Townhomes do not comply. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. N/ANot Applicable.A4.102B1.1aN/ANot Utilized for 100% Affordable Housing.YESMixed Use Multi-Family - complies, See Sheet A4.102.N/ANot utilized for Townhomes.N/ANot Applicable.A3 SeriesB1.1bN/ANot Utilized for 100% Affordable Housing.N/ANot Utilized for Mixed Use Multi-Family.N/AThe primary street-facing façade of the townhomes complies, however, since each facade of the townhomes faces a street, depending on siting, it is not possible for the townhomes to comply with this requirement. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. N/ANot Applicable.A2.100-A2.104 A4.101B1.1cYES100% Affordable Housing - complies, See Sheets A2.100-A2.104.YESMixed Use Multi-Family - complies, See Sheet A4.101N/AThe primary street-facing façade of the townhomes complies, however, since each facade of the townhomes faces a street, depending on siting, it is not possible for the townhomes to comply with this requirement. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. N/ANot Applicable.N/AB1.1dN/ANot Utilized for 100% Affordable Housing.N/ANot Utilized for Mixed Use Multi-Family.N/ANot utilized for Townhomes.N/ANot Applicable.A2.100-A2.104 A4.101B1.1eYES100% Affordable Housing - complies, See Sheets A1.101, A2.100-A2.104.YESMixed Use Multi-Family - complies, See Sheets A4.101N/ANot utilized for Townhomes.N/ANot Applicable.A2.100-A2.104B1.1fYES100% Affordable Housing - complies, See Sheets A2.100-A2.104.N/ANot Utilized for Mixed Use Multi-Family.N/AThe primary street-facing façade of the townhomes complies, however, since each facade of the townhomes faces a street, depending on siting, it is not possible for the townhomes to comply with this requirement. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. N/ANot Applicable.B.1.2N/A B.1.2NoNot Utilized for 100% Affordable Housing. Because a waiver pursuant to the State Density Bonus Law has beenrequested, this standard is not applicable.NoNot Utilized for Mixed Use Multi-Family. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot utilized for Townhomes.N/ANot Applicable.YES NO N/ASHEETB.2.1A4.011B.2.1N/ANot Applicable.YESYes, the ground floor facades of the parking structure facing the streets will be fenestrated on a minimum 40% of the facade as noted on sheet A4.011.N/ANot Applicable.N/ANot Applicable.B.2.2N/AB.2.2N/ANot Applicable.N/AN/A, there are no upper levels of parkingN/ANot Applicable.N/ANot Applicable.B.2.3N/AB.2.3N/ANot Applicable.N/AN/A, there are no portions of the parking structure façade facing a street longer than 40 feet in length.N/ANot Applicable.N/ANot Applicable.N/AB.2.3.a.N/ANot Applicable.N/AN/A, there are no portions of the parking structure facade facing a street longer than 40 feet in length.N/ANot Applicable.N/ANot Applicable.N/AB.2.3.b.N/ANot Applicable.N/AN/A, there are no portions of the parking structure facade facing a street longer than 40 feet in length.N/ANot Applicable.N/ANot Applicable.Objective Design StandardMultiple-story building façades that face a street shall incorporate breaks in the building mass by implementing a minimum of three of the following solutions along the combined façade area of all primary buildings facing the street:a. A minimum of 40 percent of the upper floor façade length shall step back from the plane of the ground-floor façade by at least five feet;To ensure buildings provide a continuous frontage along sidewalks, development in commercial zones shall place at least 75 percent of any ground floor street-facing façade on or within five feet of the setback line designated in the Town Code.A Residential Mixed-Use project with a ground-floor non-residential use shall provide site amenities on a minimum of 15 percent of the ground plane between the building and the front or street-side property line. The site amenities shall be comprised of any of the following elements:a. Landscape materials or raised planters;b. Walls designed to accommodate pedestrian seating, no higher than 36 inches;c. Site furnishings, including fountains, sculptures, and other public art; orb. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet;c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet. Where an awning or entry covering is provided, it can extend beyond the wall plane;d. An exterior arcade that provides a sheltered walkway within the building footprint with a minimum depth of eight feet. For a façade 50 feet or greater, the arcade must be a minimum length of 65 percent of the full building façade; for a facade less than 50 feet, the arcade must be a minimum of 80 percent of the full building façade.e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet; orf. Vertical elements, such as pilasters or columns, that protrude a minimum of one foot from the façade and extend the full height of the building base or ground floor, whichever is greater.Upper floors above two stories shall be set back by a minimum of five feet from the ground-floor façade.B.2. Parking Structure DesignObjective Design StandardThe ground-floor façade of a parking structure facing a street or pedestrian walkway shall be fenestrated on a minimum of 40 percent of the façade.Façade openings on upper levels of a parking structure shall be screened at a minimum 10 percent and up to 30 percent of the opening to prevent full transparency into the structure.Parking structures facing a street and greater than 40 feet in length shall include landscaping between the building façade and the street, or façade articulation of at least 25 percent of the façade length. The façade articulation shall be implemented by one of the following solutions:a. An offset of the façade plane with a depth of at least 18 inches for a minimum of eight feet in horizontal length; orB.2. Parking Structure Designb. A different building material covering the entire façade articulation.B. BUILDING DESIGNB.1. Massing and Scaled. Tables and chairs associated with the ground floor use.B. BUILDING DESIGNB.1. Massing and ScalePage 4 of 7
Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025YES NO N/ASHEETB.3.1A2.104B.3.1YES100% Affordable Housing complies, See sheet A2.104NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YESTownhomes comply - see A3.1.2.200 through A3.7.2.200.N/ANot Applicable.A2.104B3.1.a.YES100% Affordable Housing complies, See sheet A2.104NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YESTownhomes comply. Please see sheets A3.1.2.200, A3.2.2.200, A3.3.2.200, A3.4.2.200, A3.5.2.200, A3.6.2.200, A3.7.2.200. N/ANot Applicable.A2.104B.3.1.b.YESYES,MIN 2' PROJECTION are indicated to demonstrate compliance, See sheet A2.104 AND A2.200-A2.201.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.N/ANot Applicable.A2.104B3.1.c.YESYES,MIN 2' CHANGE IN HEIGHT are indicated to demonstrate compliance, See sheet A2.104 AND A2.200-A2.201.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YESAll townhomes comply. See sheets A3.1.2.200, A3.2.2.200, A3.3.2.200, A3.4.2.200, A3.5.2.200, A3.6.2.200. N/ANot Applicable.A2.104B3.1.d.YESYES, CHANGE IN PITCH are indicated to demonstrate compliance, See sheet A2.104 AND A2.200-A2.201.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.N/ANot Applicable.A2.104B3.1.e.YESYES, PARAPET ANNOTATIONS AREINDICATED TO demonstrate compliance, See sheet A2.104 AND A2.200-A2.201.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.N/ANot Applicable.B.3.2N/A B.3.2 N/A Not Applicable. N/A Not Applicable. N/A Not Applicable. N/A Not Applicable.B.3.3A2.104 B.3.3N/ANot Applicable, as there is no dormer on the 100%Affordable BuildingN/ANot Applicable.N/ANot Applicable.N/ANot Applicable.B.3.4N/A B.3.4 N/A Not Applicable. N/A Not Applicable. N/A Not Applicable. N/A Not Applicable.YES NO N/ASHEETB.4.1A2.200-A2.201A3 Series A4.400-A4.401B.4.1YES100% Affordable Housing complies. See sheet A2.200-A2.201YESMixed Use Multi-family complies with two of the solutions, items b and d.NoTownhomes comply at Front Facade of each building, but redesigning the Project to differentiate the base of the buildings at the Rear/Garage or Side Facades would affect the overall residential capacity by reducing the building form and floor area for the Project’s residential uses. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. N/ANot Applicable.A2.200-A2.201A3 SeriesB4.1.a.YES100% Affordable Housing complies. See sheet A2.200-A2.201N/ANot Utilized.N/ANot Applicable.N/ANot Applicable.A3 Series A4.200 A4.104B4.1.b.N/ANot Utilized.YESMixed Use Multi-family complies. For the balcony length calculations, see sheet A4.104 N/ANot Applicable.N/ANot Applicable.A2.200 A2.201 B4.1.c.N/ANot Utilized.N/ANot Utilized.N/ANot Utilized.N/ANot Applicable.A2.200-A2.201A3 Series A4.200-A4.201B4.1.d.YES100% Affordable Housing complies. See Notes on sheet: A2.200, A2.201YESMixed Use Multi-family complies.See sheets A4.200-A4.201N/ANot Utilized.N/ANot Applicable.A3 SeriesB4.1.e.N/ANot Utilized.N/ANot Utilized.N/ANot Utilized.N/ANot Applicable.B.4.2A2.200-A2.201A3 Series A4.200-B.4.2YES100% Affordable Housing complies. See sheet A2.200-A2.201YESMixed Use Multi-family complies.See sheets A4.200-A4.202YESAll Townhomes comply. See A3 Series.N/ANot Applicable.YES NOSHEETB.4.3B.4.3NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YESMixed Use Multi-family - complies, see below for point break-down and total points summary.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.o Arcade or gallery along the ground floor; 8poB.4.3N/ANot Utilized.N/ANot Utilized.N/ANot Utilized.N/ANot Applicable.o Awnings or canopies on all ground floor windows of commercial space; 6poA4.200 A4.201 B.4.3N/ANot Utilized.YESMixed Use Multi-family complies, 6 pointsN/ANot Utilized.N/ANot Applicable.o Building cornice; 5pointsA4.200 A4.201 A4.400 A4.401B.4.3N/ANot Utilized.YESMixed Use Multi-family complies, 5 pointsBuilding cornices are used on street-facing facades as shown on sheets A4.200-A4.201 and A4.400-A4.401N/ANot Utilized.N/ANot Applicable.o Façade sconce lighting at a minimum of one light fixture per 15 linear feet. 3pointA4.200 A4.201B.4.3N/ANot Utilized.YESMixed Use Multi-family complies, 3 pointsRefer to sheets A4.200-A4.201 for sconce lighting spacing calculations.N/ANot Utilized.N/ANot Applicable. Bay or box windows projecting a minimum of 18 inches from the façade plane and comprising a minimum of 20 percent of the fenestration on the upper floors of the facade;6pointB.4.3N/ANot Utilized.N/ANot Utilized.YESAll Townhomes comply, 6 pointsN/ANot Applicable. Balconies or Juliet balconies provided on a minimum of 40 percent of the fenestration on the upper floors of the facade;5poB.4.3N/ANot Utilized.N/ANot Utilized.YESAll Townhomes comply, 5 pointsN/ANot Applicable. Landscaped trellises or lattices extending across a minimum of 65 percent of any level of the facade;5poB.4.3N/ANot Utilized.N/ANot Utilized.N/ANot Utilized.N/ANot Applicable. Materials and color changes; 3poA2.200- A2.202 A4.200- A4.202B.4.3YES100% Affordable Housing complies, 3 pointsYESMixed Use Multi-family complies, 3 pointsYESAll Townhomes comply, 3 pointsN/ANot Applicable. Eaves that overhang a minimum of two feet from the facade with supporting brackets; 3poB.4.3N/ANot Utilized.N/ANot Utilized.N/ANot Utilized.N/ANot Applicable. Window boxes or plant shelves under a minimum of 60 percent of the fenestration on theupper floors of the facade; or3poB.4.3N/ANot Utilized.N/ANot Utilized.N/ANot Utilized.N/ANot Applicable. Decorative elements such as molding, brackets, or corbels 3 B.4.3 N/A Not Utilized. N/A Not Utilized. N/A Not Utilized. N/A Not Applicable.TOTAL6 Points (G)14 Points (TH)17 Points (E1)B.4.3No100% Affordable Housing Total = 6 PointsYESMixed Use Multifamily Total = 17 PointsNoTownhomes Total = 14 PointsN/ANot Applicable.At intervals of no more than 40 feet along the building façade, horizontal eaves shall be broken using at least one of the following strategies:a. Gables;b. Building projection with a depth of a minimum of two feet;All façade materials, such as siding, window types, and architectural details, used on the street-facing façade shall be used on all other building façades.B.4. Façade Design and Articulation (continued)Objective Design Standardc. Change in façade or roof height of a minimum of two feet;d. Change in roof pitch or form; ore. Inclusion of dormers, parapets, and/or varying cornices.Skylights shall have a flat profile rather than domed.The total width of a single dormer or multiple dormers shall not exceed 50 percent of the total roof length at the street-facing façade. The dormer width shall be measured at dormer roof fascia, d. The use of at least two different façade materials, each covering a minimum of 20 percent of the street-facing façade, orB.3. Roof DesignB.4. Façade Design and ArticulationB.4. Façade Design and Articulation (continued)Variation in the street-facing façade planes shall be provided for buildings greater than one story by incorporating any combination of the following architectural solutions to achieve a minimum of 16 points:B.4. Façade Design and ArticulationObjective Design StandardBuildings greater than two stories shall be designed to differentiate the base, middle, and top of the building on any street-facing façade. Each of these elements shall be distinguished from one another using at least two of the following solutions:a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two b. Balconies or habitable projections with a minimum depth of two feet for a minimum of 20 percent length of the street-facing façade;c. Variation in façade articulation, using shade and weather protection components, projecting a minimum of three feet for a minimum of 20 percent length from the street-facing façade;Carport roof materials shall be the same as the primary building.B.3. Roof DesignObjective Design StandardArchitectural features, such as:e. The upper floor shall implement a façade height that is a minimum of two feet greater than the façade height of the floor immediately below. The greater façade height shall be made evident by Page 5 of 7
Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025B.4.4 Garage doors shall be recessed a minimum of 12 inches from the façade plane and along the street-facing façade shall not exceed 40 percent of the length of the building façade.A4.011B.4.4N/ANot Applicable.YESMixed Use Multi-family complies. See sheet A4.011.NoThe Project proposes the Meadow as an amenity serving the public and future Project residents. Townhomes H1 and H2 are designed to face the Meadow rather than the street to activate this project amenity. As a result, the garage doors on these two townhomes exceed 40 percent of the length of the façade; otherwise, the Project would need to be designed to modify the proposed amenity or reduce its residential density. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.B.4.5 Changes in building materials shall occur at inside corners. A2.200 A2.201A3.2 Series A4.4 SeriesB.4.5YES100% Affordable Housing complies, see sheets A2.200-A2.201YESMixed Use Multi-family complies, See A4.4 SeriesYESAll Townhomes Total complies, See A3.2 SeriesN/ANot Applicable.B.4.6 A primary building entrance shall be provided facing a street or community recreation space. Additionally, all development shall meet the following requirements:A2.200-A2.201 A4.101B.4.6YES100% Affordable Housing complies, see sheets A2.200-A2.201YESMixed Use Multi-family complies, See A4.101.N/AAll Townhomes: N/AN/ANot Applicable.a. Pedestrian entries to ground-floor and upper-floor non- residential uses shall meet at least one of the following standardsA2.200-A2.201 A4.101B4.6.a.N/A100% Affordable Housing: N/A - units accessed through main entryYESMixed Use Multi-family complies, See A4.101 and A4.200-A4.202N/AAll Townhomes: N/AN/ANot Applicable.i. The entrance shall be recessed in the façade plane at least three feet in depth; or B4.6.a.i.N/A100% Affordable Housing: N/A - units accessed through main entryN/AMixed Use Multi-family - not required, other 1 standard met.N/AAll Townhomes: N/AN/ANot Applicable.ii. The entrance shall be covered by an awning, portico, or other architectural element projecting from the façade a minimum of three feetA4.101 A4.101-4.102B4.6.a.ii.N/A100% Affordable Housing: N/A - units accessed through main entryYESMixed Use Multi-family complies, See A4.101 and A4.102.N/AAll Townhomes: N/AN/ANot Applicable.YES NOSHEETA4.200-A4.201B4.6.b.N/ANot Applicable.YESMixed Use Multi-family complies, see sheet A4.200-A4.201N/ANot Applicable.NoThe Project proposes a Paseo to connect Los Gatos Boulevard to the Meadow, which would house the ground floor retail consistent with the Project’s first concession request and serve as a Project amenity serving the public and future Project residents. To activate the Paseo and accommodate the design of this Project amenity consistent with the Project’s concessionrequest, the commercial buildings deviate from the façade requirements. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.B.4.7A2.200-A2.201A3.2 Series A4.2 SeriesA 5.202-A5.203B.4.7YES100% Affordable Housing complies, see sheets A2.200-A2.201YESMixed Use Multi-family complies, see A4.101YESAll Townhomes Comply, see A3.2 SeriesYESComplies. See A5.202-A5.203A3.2 Series A4.2 B.4.7.a.N/ANot Applicable.N/ANot Applicable.YESAll Townhomes ComplyN/ANot Applicable.A2.200-A2.201 A4.101B.4.7.b.YES100% Affordable Housing complies, see A2.200-A2.201 or A2.100YESMixed Use Multi-family complies. See sheet A4.101N/AAll Townhomes: N/AN/ANot Applicable.A2.200-A2.201 A4.101B.4.7.c.YES100% Affordable Housing complies, see A2.200-A2.201 or A2.100YESMixed Use Multi-family complies. See sheet A4.101N/AAll Townhomes: N/AYESComplies. See A5.202-A5.203B.4.8N/A B.4.8YESNo mirrored windows proposed.YESNo mirrored windows proposed.YESNo mirrored windows proposed.YESNo mirrored windows proposed.B.4.9A2.200-A2.201A3.2 Series A4.2 B.4.9YES100% Affordable Housing complies, see A2.200-A2.201.YESMixed Use Multi-family complies, see A4.2 YESAll Townhomes comply, see A3.2 SeriesYESComplies. See A5.202-A5.203A2.200-A2.201A3.2 Series A4.200-A4.201B.4.9.a.YES100% Affordable Housing - vertical height of awning + canopies is indicated to demonstrate compliance, See sheet A2.200.YESMixed Use Multi-Family complies -see A4.200-A4.201.YESTownhomes comply. Dimensions added to townhome elevation sheets: A3.1.2.200, A3.2.2.200, A3.3.2.200, A3.4.2.200, A3.5.2.200, A3.6.2.200, A3.7.2.200YESComplies. See A5.202-A5.204A2.200-A2.201A3.2 Series A4.200-B.4.9.b.YES100% Affordable Housing complies, see A2.200-A2.201.YESMixed Use Multi-family complies, see A4.2 YESAll Townhomes comply, see A3.2 SeriesYESComplies. See A5.202-A5.205A2.200-A2.201A3.2 Series A4.400-A4.401B.4.9.c.YES100% Affordable Housing complies, see A2.200-A2.201.YESMixed Use Multi-family complies, seeA4.400-A4.401.YESAll Townhomes comply, see A3.2 SeriesYESComplies. See A5.202-A5.206B.4.10A2.200-A2.201 B.4.10N/ANot Applicable.YESMixed Use Multi-family Complies. NoAll Townhomes comply Except for F3. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.N/ANot Applicable.B.4.11A2.200-A2.201A3.2 SeriesB.4.11YES100% Affordable Housing complies, see A2.200-A2.201.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.NoAll Townhomes comply Except for F3. Because a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable. N/ANot Applicable.B.4.12B.4.12N/ANot Applicable.YESMixed Use Multi-family complies.N/ANot Applicable.N/ANot Applicable.A4.101 B.4.12.a. N/A Not Applicable. YES Mixed Use Multi-family complies, see A4.101. N/A Not Applicable. N/A Not Applicable.B.4.12.b.N/ANot Applicable.N/ANot UtilizedN/ANot Applicable.N/ANot Applicable.B.4.12.c.N/ANot Applicable.N/ANot UtilizedN/ANot Applicable.N/ANot Applicable.B.4.13B.4.13YES100% Affordable Housing complies, see A2.200.NoBecause a waiver pursuant to the State Density Bonus Law has been requested, this standard is not applicable.YESAll Townhomes comply, see A3.1.2.200, A3.2.2.200, A3.3.2.200, A3.4.2.200, A3.5.2.200, A3.6.2.200, A3.7.2.200YESComplies. See A5.202-A5.206c. Common open space, such as a plaza, outdoor dining area, or other spaces.Continuous blank façades on any floor level shall not exceed 25 percent of the entire façade length along any street.c. Shall not be patterned or striped.For buildings abutting a single-family zoning district or existing single- family use, no part of a rooftop or upper floor terrace or deck shall be closer than five feet from the facade plane of the lower floor, to prevent views into adjacent residential uses.Balconies are allowed on facades facing the street and those facades facing existing non-residential uses on abutting parcels. Such balconies shall be without any projections beyond the building footprint.Residential Mixed-Use buildings shall provide at least one of the following features along street-facing façades where the façade exceeds 50 feet in length:a. A minimum five-foot offset from the façade plane for a length of at least 10 feet;b. Multiple pilasters or columns, each with a minimum width of two feet; orb. Single entry to multiple residential unit building, including Residential Mixed-Use buildings: eight feet in widthc. Storefront entry: six feet in widthMirrored windows are prohibited.Awnings shall be subject to the following requirements:a. A minimum vertical clearance of eight feet measured from the pedestrian pathway;b. Shall not extend beyond individual storefront bays; anda. Individual residential entries: five feet in widthB.4. Façade Design and Articulation (continued)b. For ground-floor commercial uses, façades facing a street shall include windows, doors, or openings for at least 60 percent of the building façade that is between two and 10 feet above the level of the sidewalk.Pedestrian entries to buildings shall meet minimum dimensions to ensure adequate access based on use and development intensity. Building entries inclusive of the doorway and the facade plane shall meet the following minimum dimensions:B.4. Façade Design and Articulation (continued)Objective Design StandardPage 6 of 7
Los Gatos N40 Phase IIObjective Design Standards Checklist03.05.2025Page 7 of 7
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Left Blank
From: Javier Zaldivar
Sent: Wednesday, April 30, 2025 11:36 AM
To: Planning <Planning@losgatosca.gov>
Cc: Lourdes Gonzalez
Subject: Support for north 40 phase 2
[EXTERNAL SENDER]
Please see the attached support letter.
I can be reached at . Thank you.
Javier Zaldivar
Executive Director
San Andreas Regional Center
A message from jz's iPhone
EXHIBIT 26
April 29, 2025
Via
email:planning@losgatosca.gov
April 28, 2025
Re: April 30, 2025 Public Comment Item #1
Dear Planning Commissioners,
I am writing on behalf of San Andreas Regional Center to express my strong support for the
North 40 Phase II Development, particularly the inclusion of affordable housing and
designated units for adults with intellectual and developmental disabilities (IDD).
San Andreas Regional Center (SARC) is funded by the State of California to serve people with
Intellectual and Developmental Disabilities as required by the Lanterman Developmental
Disabilities Act. Our service area includes Santa Clara County and the Town of Los Gatos.
The purpose of this letter is to support the advancement of the North 40 Phase II
Development as this project will include 16 apartments subject to a preference for extremely
low income people with developmental disabilities. On a daily basis, SARC’s Service
Coordinators must address the impact of the lack of permanent supportive housing for people
with developmental disabilities in Los Gatos. More than 100 people with developmental
disabilities, including families who live in Los Gatos have been referred by SARC to Housing
Choices for help finding affordable housing.
Although SARC is not able to pay for residents’ actual housing costs, we are funded to provide
a variety of services that help residents with developmental disabilities live successfully in
integrated housing in the community. In addition to funding on-site housing support services
provided by Housing Choices, SARC will provide a variety of other services depending on the
Individual Program Plan of each resident, including, for example, Independent Living,
Supported Living, Community Day Programs, Employment Services and Behavioral Support.
The need is urgent. Many other local families are aging and worry about what will happen to
their loved ones with disabilities in the future.
I urge the Planning Commission to approve this development and ensure that the IDD-
designated units and affordable housing components are preserved and prioritized as the
project moves forward.
Please contact me if I can provide any further information.
Javier Zaldivar
Executive Director
San Andreas Regional Center
From: Lucas, Jennifer@SCDD
Sent: Wednesday, April 30, 2025 11:44 AM
To: Planning <Planning@losgatosca.gov>
Cc: Lucas, Jennifer@SCDD
Subject: Item #1 - Letter of support for North 40 Phase II Development
[EXTERNAL SENDER]
Dear Planning Commissioners,
Please find my letter of support regarding Item #1 for tonight’s Commission
meeting.
Thank you,
Jennifer Lucas (she/her)
Manager, Central Coast Office
State Council on Developmental Disabilities
www.scdd.ca.gov
Make your voice count. Share your story
today: bit.ly/scddmedicaid
Stay informed and sign up for our newsletter!
Page 2
The majority of adults with IDD continue to live with their aging parents and caregivers. Many
families are grappling with the difficult question of what will happen to their adult children with
disabilities when they are no longer able to provide care. This project offers both a housing
solution and peace of mind. In fact, the Los Gatos Union High School District’s post-secondary
program serves around 30 students with disabilities—several of whom age out each year with
no clear next step. North 40 Phase II provides that critical next step.
In addition to being socially responsible, this development plays a pivotal legal role. It supports
Los Gatos in meeting its Housing Element obligations and complying with SB 330. Approving
this project helps the town avoid risk of state intervention, such as the builder’s remedy, while
maintaining local control and alignment with state priorities for affordable, accessible, and
inclusive housing.
We urge the Planning Commission to approve this development and ensure that the IDD-
designated units and affordable housing components are preserved and prioritized as the
project moves forward.
Thank you for your commitment in addressing the urgent need for affordable and inclusive
housing in our community. Please contact me if I can provide any additional information in
support of this project.
Respectfully submitted,
Jennifer Lucas
Regional Manager, Central Coast Office
CA State Council on Developmental Disabilities
2580 N. First Street, Ste. 240
San Jose, CA 95131
From: Sara Grignon
Sent: Wednesday, April 30, 2025 1:42 PM
To: Planning <Planning@losgatosca.gov>
Subject: April 30, 2025 Public Comment Item #1
[EXTERNAL SENDER]
Please find the attached public comment for tonight’s meeting.
Thank you,
Sara
Sara Grignon • Central District Director
Hope Services
30 Las Colinas Ln San Jose, CA 95119-1212
College of Adaptive Arts
Swenson Flagship Campus at West Valley College
14000 Fruitvale Ave., Saratoga CA 95070 | info@collegeofadaptivearts.org | 408-538-3809
Re: April 30, 2025 Public Comment Item #1
Dear Planning Commissioners,
I am writing on behalf of College of Adaptive Arts to express my strong support for the
North 40 Phase II Development, particularly the inclusion of affordable housing and
designated units for adults with intellectual and developmental disabilities (IDD).
College of Adaptive Arts provides an equitable and lifelong collegiate experience for
adults with intellectual and developmental disabilities. Our college sees first-hand how
important it is for the students to have access to affordable and inclusive housing. It
gives them so much pride and independence to become successful contributing citizens
in our community.
The proposal delivers on Los Gatos’ commitment to affordable housing. After
years of market-rate development, it is refreshing to see meaningful progress toward
housing for all income levels. This project directly responds to the town’s long-standing
necessity of creating more inclusive and accessible housing opportunities.
The inclusion of at least 16 units for individuals with IDD is especially critical.
Adults with IDD often face some of the steepest barriers to housing access, despite their
strong ties to our community. This project offers them the chance to live independently
with dignity, near their families and the services they rely on. These are residents who
grew up here, attended our schools, and now deserve the opportunity to thrive in their
hometown. Additionally, these individuals would receive onsite support from Housing
Choices, a vendor of San Andreas Regional Center, to ensure they are stable in their
unit. These services are different than their individual supportive services such as
Independent Living Services and Supported Living Services.
People with developmental disabilities have the legal right to live in community-based
settings, not institutions, under the Lanterman Act and the Americans with Disabilities
Act (ADA). Without affordable housing like Los Gatos North 40 Phase II, many
individuals with IDD cannot fully enjoy these rights.
This project plays a critical role in ensuring the Town of Los Gatos meets its legal
obligations under state housing law, including compliance with its certified
Housing Element and Senate Bill 330 (SB 330). Approval of the North 40 Phase II
development provides a clear demonstration to the California Department of Housing
and Community Development (HCD) that Los Gatos is taking thoughtful steps to fulfill its
affordable housing obligations. Advancing this project reduces the risk of state
intervention, such as the imposition of the builder’s remedy, and strengthens the Town’s
College of Adaptive Arts
Swenson Flagship Campus at West Valley College
14000 Fruitvale Ave., Saratoga CA 95070 | info@collegeofadaptivearts.org | 408-538-3809
position in maintaining local land use authority while aligning with state priorities for fair,
inclusive, and accessible housing.
The need is urgent. Many other local families are aging and worry about what will
happen to their loved ones with disabilities in the future.
I urge the Planning Commission to approve this development and ensure that the IDD-
designated units and affordable housing components are preserved and prioritized as
the project moves forward.
Thank you for your commitment in addressing the urgent need for affordable and
inclusive housing in our community.
Sincerely,
DeAnna Pursai
Co-founder & Director of Development and Community Outreach
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Thursday, May 1, 2025 9:55 PM
To: Planning <Planning@losgatosca.gov>
Subject: Online Form Submission #15863 for Community Development Contact Form
[EXTERNAL SENDER]
Community Development Contact Form
First Name Field not completed.
Last Name Field not completed.
Email Address
(Required)
Phone Number Field not completed.
Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
143-151 E. Main St
Message (Required) Letter to Council requesting EIR for SB 330 projects
Add An Attachment if
applicable
scan0789.pdf
Email not displaying correctly? View it in your browser.
From: Gopi Ayer <>
Sent: Sunday, May 4, 2025 4:50 PM
To: Planning <Planning@losgatosca.gov>
Subject: Public comment, Project North 40, reservation of units for IDD
[EXTERNAL SENDER]
Subject: April 30, 2025, Public Comment Item #1
Dear Planning Commissioners,
I am writing to express my strong support for the North 40 Phase 2 Development,
particularly the inclusion of affordable housing and designated units for adults with
intellectual and developmental disabilities (IDD). As a resident and advocate who cares
deeply about housing equity and community inclusion, I believe this project is an essential
step forward for Los Gatos.
The proposal delivers on Los Gatos’ commitment to affordable housing.
After years of market-rate development, it is refreshing to see meaningful progress toward housing
for all income levels. This project directly responds to the town’s long-standing necessity of
creating more inclusive and accessible housing opportunities.
Adults with IDD often face some of the steepest barriers to housing access, despite their
strong ties to our community. This project offers them the chance to live independently
with dignity, near their families and the services they rely on. These are residents who grew
up here, attended our schools, and now deserve the opportunity to thrive in their
hometown.
As the parent of an adult with IDD, I have seen him and his small group of friends thrive in
Los Gatos, intimate with its geography and comfortable with the choices offered. It is
imperative that we find appropriate housing for these people who are a part of the fabric of
Los Gatos community.
This project plays a critical role in ensuring the Town of Los Gatos meets its legal obligations
under state housing law, including compliance with its certified Housing Element and Senate
Bill 330 (SB 330).
Advancing this project reduces the risk of state intervention, such as the imposition of the builder’s
remedy, and strengthens the Town’s position in maintaining local land use authority while aligning
with state priorities for fair, inclusive, and accessible housing.
The need is urgent. Many other local families are aging and worry about what will happen to
their loved ones with disabilities in the future.
I urge the Planning Commission to approve this development and ensure that the IDD-
designated units and affordable housing components are preserved and prioritized as the
project moves forward.
Thank you for your thoughtful consideration and your service to the community.
Sincerely,
Gopi Ayer
Mandeep Ayer
From: Noa Sklar
Sent: Saturday, May 3, 2025 5:33 PM
To: Planning <Planning@losgatosca.gov>
Cc: Gia Pham
Subject: From the mother of Romi
[EXTERNAL SENDER]
Dear Planning Commissioners
I am writing to express my strong support for the North 40 Phase 2 Development, particularly the
inclusion of affordable housing and designated units for adults with intellectual and developmental
disabilities (IDD). As a resident and advocate who cares deeply about housing equity and community
inclusion, I believe this project is an essential step forward for Los Gatos.
The proposal delivers on Los Gatos’ commitment to affordable housing. After years of market-rate
development, it is refreshing to see meaningful progress toward housing for all income levels. This project
directly responds to the town’s long-standing necessity of creating more inclusive and accessible housing
opportunities.
Adults with IDD often face some of the steepest barriers to housing access, despite their strong ties to our
community. This project offers them the chance to live independently with dignity, near their families and
the services they rely on. These are residents who grew up here, attended our schools, and now deserve
the opportunity to thrive in their hometown.
My daughter Romi is 22 y/o native to Los Gatos , she is on the autism spectrum. It’s been a lifelong of
struggle, but she made the best out of it - she is even graduating college and hoping to become a
productive member of society. (She already is). With that being said, it’s time for her to
move out of my house to begin and independent life yet I would still like to keep her
nearby in Los Gatos for obvious reasons, but the prices are ridiculous! We must must
have affordable living options for our special kids as a priority ! By the way - 16 units is
not enough! It should be at least double as there are many kids with different kind of
disabilities in Los Gatos.
This project plays a critical role in ensuring the Town of Los Gatos meets its legal obligations
under state housing law, including compliance with its certified Housing Element and Senate Bill
330 (SB 330). Advancing this project reduces the risk of state intervention, such as the imposition of the
builder’s remedy, and strengthens the Town’s position in maintaining local land use authority while
aligning with state priorities for fair, inclusive, and accessible housing.
The need is urgent. Many other local families are aging and worry about what will happen to their loved
ones with disabilities in the future.
I urge the Planning Commission to approve this development and ensure that the IDD-designated units
and affordable housing components are preserved and prioritized as the project moves forward.
Thank you for your thoughtful consideration and your service to the community.
Sincerely,
Noa and Abraham Sklar
Los Gatos
Sent from my iPhone
From:
To:Joel Paulson
Cc:Town Manager; Gabrielle Whelan
Subject:Fwd: Legal and Policy Issues Related to Grosvenor N40 Phase II
Date:Sunday, May 4, 2025 10:10:38 PM
Attachments:image.png
[EXTERNAL SENDER]
To: Joel Paulson, Director of Community DevelopmentFrom: Los Gatos Community AllianceDate: May 5, 2025 EMAIL 2
Subject: Summary of Legal and Policy Issues Related to Grosvenor N40 Phase II ProjectThis memorandum outlines critical legal and planning concerns regarding the GrosvenorN40 Phase II project, which purports to comply with objective development standardsunder SB 330 and the Town’s Housing Element. Based on our analysis, the project raisessignificant inconsistencies with applicable zoning, density, and affordability requirementsand merits clarification from the California Department of Housing and CommunityDevelopment (HCD).
1. Vesting Under a Non-Certified Housing ElementThe applicant claims the project vested on April 18, 2023, based on the Housing Elementadopted by the Town on January 30, 2023. However, HCD issued a formal determination onApril 14, 2023, finding that the element did not comply with State Housing Law. UnderGovernment Code § 65589.5(o), a housing element must be legally 'in effect' to vestdevelopment standards. Because the January 30, 2023 element lacked HCD certification, itwas not in effect at the time of vesting and cannot serve as a valid basis for entitlement.Importantly, self-certification of a housing element contravenes state law and carries nolegal effect under the Housing Element Law.
2. Applicable Zoning Standards at Time of VestingAs of April 18, 2023, the operative zoning was that established under the 2020 General PlanLand Use Element, which capped residential density at 20 dwelling units per gross acre. Theproject proposes 28.75 DU/acre and therefore exceeded the applicable density standard. Asa result, the project was not compliant with objective zoning on the vesting date and is notentitled to SB 330’s five-hearing limit (Gov. Code § 65905.5(a)).
3. Inconsistency with the Certified 2040 Housing ElementThe applicant ambiguously refers to compliance with 'the Housing Element' withoutclarifying whether it means the uncertified January 2023 version or the certified 2040Housing Element adopted July 10, 2024. The certified element designates the site for aminimum density of 30 DU/acre and assumes 464 units. The proposed 450 units at 28.75DU/acre fall short of this minimum and are therefore inconsistent with adopted policy.
4. Affordable Housing CommitmentsThe certified Housing Element allocates 273 very low- and low-income units to the projectsite. The applicant proposes only 77 such units. Moreover, the Planning Directoracknowledged on April 30, 2025, that affordability targets for other parcels are unlikely tobe met. Under Gov. Code §§ 65863(b)(2)(B) and 65863(e), the Town may require theproject to meet full affordability allocations or amend the site inventory to maintain RHNAcompliance.
5. Separate Projects for BMP ComplianceOf the 77 affordable units proposed, 67 units are being transferred to Eden Housing, whichwill separately finance, construct, and manage them. The two components will proceed onindependent timelines with distinct contractors and funding mechanisms. Eden Housingmust obtain approximately $45 million from various federal, state, and local sources inorder to finance construction of the 67 units. There are no guarantees that such funding willbe secured. This arrangement constitutes two separate projects. Under the Town’s BMPordinance, the Grosvenor portion must independently meet its affordability obligations.However, it includes only 10 affordable units out of 383 market-rate units—well below the20% requirement (75 units).
6. CEQA Compliance and Need for New EIRThe project cannot legally tier from the 2040 General Plan EIR due to substantial newinformation and changes in policy. The Town Council has formally repealed the Land Useand Community Design elements of the 2040 General Plan—two foundational componentsof the EIR’s analysis. Additionally, multiple Builder’s Remedy projects have emerged thatwere not studied in the original EIR. Under CEQA Guidelines §§ 15162 and 15163, theseconstitute significant new information requiring a full project-specific EnvironmentalImpact Report (EIR) to evaluate cumulative impacts including traffic, GHG emissions,infrastructure, and community character.
7. Builder’s Remedy EligibilityThe applicant claims the project is eligible for the Builder’s Remedy but argues it need notinvoke it due to compliance with the Housing Element. This is misleading. As noted inComment 1, the January 30, 2023 Housing Element was not certified by HCD and cannotserve as a legal basis for compliance, meaning the project is, in substance, a Builder’sRemedy proposal. However, its eligibility is also questionable. If the project is correctlyviewed as two separate developments—one by Grosvenor and the other by EdenHousing—then the Grosvenor portion alone does not meet the 13% very low-incomeaffordability threshold required to qualify under the Builder’s Remedy. Absent thisthreshold, the project cannot lawfully claim Builder’s Remedy protections underGovernment Code § 65589.5(d).
Conclusion and Request for HCD Technical Assistance:
Given the unresolved issues related to vesting, zoning consistency, Housing Elementcompliance, CEQA, and potential misapplication of the Builder’s Remedy, we strongly urgethe Town of Los Gatos to request formal technical assistance from HCD. This review shouldclarify which standards applied as of the vesting date, confirm whether the Builder’sRemedy is properly invoked, and assess whether affordability and density commitmentsalign with state housing law. Seeking HCD guidance will help ensure the Town’s decisionsare legally sound and transparent to the public.
Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.townInfo@lgca.town
From:
To:Joel Paulson
Cc:Town Manager; Gabrielle Whelan; ; Bridgette Falconio;
Subject:Los Gatos North Forty - Phase II (HCD reference number HAU0001928)
Date:Sunday, June 29, 2025 12:42:19 PM
Attachments:image.png
[EXTERNAL SENDER]
Mr. Joel Paulson
Director of Community Planning
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Subject: Classification of Eden Housing Component as a Separate Project under HAA and SDBL
Dear Mr. Paulson,
On behalf of the Los Gatos Community Alliance, I respectfully request that the Town of Los Gatos classifythe 1.25-acre affordable housing component, to be developed by Eden Housing within the 450-unitGrosvenor project (North 40 Phase II) in the North 40 Specific Plan area, as a separate project underCalifornia’s Housing Accountability Act (HAA) (Government Code § 65589.5) and State Density BonusLaw (SDBL) (Government Code § 65915). The following arguments, supported by the 9 separate APNparcels listed in the housing element site inventory, demonstrate that the Eden Housing component is adistinct project, despite the single application and CEQA review. Grosvenor’s claim of a single integratedproject appears motivated to meet the Below Market Price (BMP) ordinance (20% of market-rate units) byincluding the 67 Eden Housing units (77 ÷ 373 = 20.6%), avoiding additional affordable units on the 14.4-acre parcels.
Legal Subdivision via Deeded Land Transfer and 9-Parcel Structure
The 1.25-acre parcel will be deeded to Eden Housing with a separate title, constituting a legal subdivision
under the Subdivision Map Act (Government Code § 66410 et seq.). The North 40 Phase II site’s division
into 9 separate APN parcels, listed individually in the housing element site inventory, confirms the 1.25
acres as a distinct parcel, enabling Eden Housing to independently own, develop, and manage the 67
affordable units (plus one manager unit).
Summary: The deeded title and 9-parcel structure establish legal subdivision, supporting a separate
project.
Non-SDBL Donation Enhances Separation
The donation of the 1.25-acre parcel, not under SDBL (§ 65915), is a contribution of land value for Eden
Housing’s expertise, reducing regulatory linkage to the Grosvenor project. This independent transaction
allows Eden Housing to operate without SDBL-related coordination, aligning with HCD’s recognition of
parcel-specific evaluations (HCD Housing Element Site Inventory Guidebook, 2023).
Summary: The non-SDBL donation positions the 1.25 acres as a standalone partnership, reinforcing
separation.
Independent Financing Structure
Eden Housing will finance the 67 units separately, likely through Low-Income Housing Tax Credits
(LIHTC) and conventional financing, distinct from the Grosvenor project’s funding for the 383 units. TCAC
Regulations (§ 10325(c)(1)) and HCD’s Multifamily Housing Program Guidelines (§ 7304) prioritize fee
title ownership, which the deeded parcel satisfies, establishing a distinct operational scope.
Summary: Independent financing supports the 1.25 acres as a separate project with its own funding.
Separate Development Timeline
The 1.25-acre component will follow a distinct timeline driven by LIHTC cycles, differing from the
Grosvenor project’s schedule. The non-SDBL donation reinforces this temporal separation, aligning with
HAA and SDBL’s recognition of independent projects.
Summary: A separate timeline establishes the 1.25 acres as a distinct project with independent execution.
Independent Management
Eden Housing will manage the 67 units independently, with distinct affordability restrictions and tenant
protocols, separate from the Grosvenor project’s components. This operational independence supports
the standalone status under HAA (§ 65589.5(d)(5)(A)).
Summary: Independent management positions the 1.25 acres as a separate project with distinct
operations.
Compliance with Housing Element Density RequirementsThe 1.25-acre parcel achieves 53.6 du/ac (67 units ÷ 1.25 acres), exceeding the housing element’s 30du/ac minimum (per the December 15, 2022, HCD letter to Watsonville). The 9-parcel structure indicatesHCD recognizes the 1.25 acres as a distinct RHNA site, fulfilling lower-income housing obligations(Health and Safety Code § 50079.5), unlike the 14.4 acres (26.6 du/ac).
Summary: Density compliance and 9-parcel recognition support the 1.25 acres as a separate RHNAproject.
Addressing Unified Application and CEQA Review
The single application and North 40 EIR reflect coordination, but the deeded title, non-SDBL donation,
and 9-parcel structure enable separate entitlements. CEQA allows distinct reviews for subdivided parcels
(Guidelines § 15378), outweighing the unified process.
Summary: The unified application is outweighed by factors enabling separate entitlements.
Grosvenor’s Motivation to Claim Integration
Grosvenor’s claim of integration aims to meet the BMP ordinance’s 20% affordability requirement for
market-rate units (77 ÷ 373 = 20.6%) by including the 67 Eden units. If separated, the Grosvenor parcels
(10 ÷ 373 = 2.68%) require ~75 additional affordable units, supporting separate evaluation to uphold BMP
compliance.
Summary: Grosvenor’s BMP motivation reinforces the need to treat the 1.25 acres as a separate project.
Conclusion and Request
The deeded title, non-SDBL donation, independent financing, separate timeline, independent
management, density compliance, and 9-parcel structure demonstrate that the Eden Housing component
is a separate project under HAA and SDBL. Grosvenor’s BMP strategy underscores the need for
separate evaluation. We request the Town assess the 1.25-acre parcel independently, potentially
approving it apart from the non-compliant Grosvenor project (28.75 du/ac). Please provide the housing
element site inventory, parcel map, donation agreement, entitlement records, financing details, and
timeline to confirm this structure. We appreciate your consideration and are available to discuss further.
Sincerely,
Jak Van Nada on behalf of theLos Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.tow
From:
To:Joel Paulson
Cc:Town Manager; Gabrielle Whelan;
Subject:North 40, Phase II
Date:Sunday, July 20, 2025 7:50:50 PM
Attachments:image.png
[EXTERNAL SENDER]
September 20, 2025
Dear Mr. Paulson,
On behalf of the Los Gatos Community Alliance, we urge the Town to require Grosvenor toprovide reasonable documentation supporting its request for two concessions under theState Density Bonus Law (SDBL) for the North 40 Phase II project. These concessionsappear to benefit 17 market-rate townhome buildings along the site’s western and northernedges—structures not directly tied to the 67-unit affordable Building G1 being developedby Eden Housing or the 10 affordable units in mixed-use Building E1.
Under Government Code § 65915, subdivisions (d)(1)(A) and (k), concessions must resultin identifiable and actual cost reductions necessary to provide affordable housing.Concessions that merely increase profitability or reduce the cost of market-ratedevelopment do not meet this statutory requirement. In this case, Grosvenor has notdemonstrated how the requested concessions materially reduce costs associated with theaffordable units, particularly when those units are in separately financed and developedbuildings.
Grosvenor has cited HCD’s October 12, 2022, letter to the City of Elk Grove. However, thefacts of that case involved a single integrated building—the Oak RoseApartments—containing both affordable and market-rate units. HCD found that the City hadimproperly denied a concession for ground-floor residential use by failing to considerconstruction costs and foregone rental income. That situation differs materially from North40 Phase II, where the affordable and market-rate components are physically, financially,and operationally separate.
The Elk Grove letter does not waive the statutory requirement that concessions produceactual cost savings tied to affordability. Nor does it alter the legal burden on developers topresent documentation justifying such concessions. As confirmed by Schreiber v. City of LosAngeles (2021) 69 Cal.App.5th 549, local governments may reject concessions notsupported by evidence of cost reductions for affordable units, provided their denial is basedon substantial evidence.
We respectfully request that the Town uphold the integrity of the SDBL by requiringGrosvenor to substantiate its concession requests with documentation showing direct costsavings associated with the affordable housing components. Doing so ensures transparency,compliance, and the effective implementation of the SDBL’s affordability objectives.
Please feel free to contact us should you have questions or wish to discuss this further.
Sincerely,
Jak Van Nada - on behalf of,Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters www.lgca.town
From:
To:Joel Paulson
Cc:Town Manager; Gabrielle Whelan;
Subject:RE: Inapplicability of Prior CEQA Documents to the North 40 Phase II Final Transportation Study (Hexagon,February 18, 2025)
Date:Tuesday, June 24, 2025 4:30:58 PM
Attachments:image.png
[EXTERNAL SENDER]
June 24, 2025
Joel PaulsonDirector of Community DevelopmentTown of Los Gatos110 E. Main StreetLos Gatos, CA 95030
RE: Inapplicability of Prior CEQA Documents to the North 40 Phase II Final Transportation Study(Hexagon, February 18, 2025)
Dear Mr. Paulson:
On behalf of the Los Gatos Community Alliance, we submit the following commentsregarding the North 40 Phase II Final Transportation Study, prepared by HexagonTransportation Consultants and dated February 18, 2025. We respectfully challenge theconclusion that no further environmental review under the California EnvironmentalQuality Act (CEQA) is required for the proposed development based on outdated and legallyinsufficient environmental documents.
Specifically, the transportation study improperly relies on the 2040 General PlanEnvironmental Impact Report (EIR) and the North 40 Specific Plan EIR, both of which nolonger reflect the current land use policy framework, CEQA transportation standards, or theactual development conditions within the Town. Our concerns are outlined below.
1. The 2040 General Plan EIR Is No Longer a Valid Tiering DocumentThe 2040 General Plan EIR cannot lawfully serve as a tiering document for CEQA purposesbecause the 2040 Land Use Element on which it was based has been repealed. In November2023, the Town Council formally rescinded the 2040 Land Use and Community DesignElements and adopted the 2020 General Plan Land Use Element, which introducedsignificantly different development patterns, densities, and land use designations.Moreover, at the time the 2040 General Plan EIR was prepared, the 2023–2031 HousingElement had not yet been drafted, let alone adopted or certified by the CaliforniaDepartment of Housing and Community Development (HCD). Consequently, the HousingElement—and the Housing Element Overlay Zone (HEOZ) that was created to meet theTown’s RHNA obligations—was not analyzed in the 2040 General Plan EIR.
The HEOZ materially increased allowable residential densities in specific, concentratedlocations, including areas along Los Gatos Boulevard, in order to accommodate the Town’sRHNA obligations. This pattern of focused high-density development is fundamentallydifferent from the more evenly distributed, town-wide growth pattern assumed and
analyzed in the 2040 General Plan EIR.
CEQA Guidelines §§ 15152 and 15168 permit tiering only when the subsequent projectremains within the scope of a valid prior EIR. When the foundational planning assumptionsare no longer in effect—and where a major new planning program such as the HEOZ wasnot evaluated—the associated EIR becomes legally and factually inapplicable. Therefore, theTown may not rely on the 2040 General Plan EIR to satisfy CEQA for the North 40 Phase IIproject.
2. The North 40 Specific Plan EIR Is Outdated and Noncompliant with Current CEQA StandardsThe North 40 Specific Plan EIR is similarly outdated and legally deficient. It was prepared prior to the enactment of CEQA Guidelines § 15064.3, which mandates the use of VehicleMiles Traveled (VMT)—not Level of Service (LOS)—as the metric for analyzingtransportation impacts under CEQA.
Because the North 40 EIR does not evaluate VMT impacts, it fails to meet current CEQArequirements. Additionally, the transportation assumptions in the North 40 EIR no longerreflect existing or reasonably foreseeable development in the area, rendering its tripprojections and mitigation measures obsolete.
3. The Town’s Failure to Adopt a Certified Housing Element Triggered Builder’s RemedyThe Town failed to adopt a state-certified Housing Element by January 31, 2023, as requiredby state law. This triggered the Builder’s Remedy under the Housing Accountability Act,which limits the Town’s ability to deny or condition qualifying housing proposals.
As a result, the Town has received multiple Builder’s Remedy applications proposingsignificantly higher residential densities than those analyzed in either the 2040 GeneralPlan EIR or the North 40 Specific Plan EIR. These applications are clustered primarily alongLos Gatos Boulevard, including in proximity to the North 40 project area. The Phase IItransportation study fails to account for this fundamental change in development intensityand pattern.
4. The Cumulative Impacts of Builder’s Remedy Projects Have Not Been AnalyzedCEQA requires a cumulative impacts analysis under Guidelines § 15130 to evaluate whethera proposed project, when considered together with other foreseeable development, wouldcause significant environmental effects. The Phase II study fails to analyze or evenacknowledge the cumulative impacts of high-density Builder’s Remedy projects nowpending along Los Gatos Boulevard.
Given the proximity of these projects to North 40 Phase II, their combined impacts on VMT,traffic congestion, and circulation conditions are both foreseeable and substantial. Withoutthis analysis, the Town lacks a legally adequate basis to conclude that the Phase II projectwill not result in new or more severe transportation impacts than those previouslyanalyzed.
5. Actual Development Exceeds Prior Assumptions and Maximums Established by the North 40Specific Plan and General Plan EIRsThe actual and proposed development within the North 40 area now substantially exceedsboth the assumptions analyzed in the North 40 Specific Plan EIR and 2040 General Plan EIR,as well as the development caps established by the North 40 Specific Plan itself.The adopted North 40 Specific Plan allows for a maximum of 270 residential units, alongwith up to 250,000 square feet of office or hotel uses and 400,000 square feet of othercommercial uses.
Notably, even the two higher-density alternatives studied in the North 40 Specific Plan EIRevaluated a maximum of only 364 residential units. The current scale of developmentsignificantly exceeds the scope of any scenario considered in the environmental review.
Specifically:
Phase I has already delivered 320 residential units and approximately 57,500 squarefeet of commercial space;Phase II proposes an additional 450 residential units, along with approximately15,000 square feet of retail and 3,000 square feet of civic space; A Builder’s Remedy application for 14849 Los Gatos Boulevard proposes 117additional units; andThe remaining undeveloped parcels within the Specific Plan Area, as identified in theHousing Element site inventory, are assumed to accommodate another 103 units.
This results in a cumulative total of 990 residential units proposed or constructed—nearlythree times the amount allowed under the Specific Plan and far beyond what was studied inany of the project alternatives.
Neither the North 40 Specific Plan EIR nor the 2040 General Plan EIR evaluated theenvironmental impacts, particularly transportation and Vehicle Miles Traveled (VMT), ofthis scale or intensity of development. Because this level of development materially exceedsprior planning assumptions, the Town is required to prepare a subsequent or supplementalEIR under CEQA Guidelines § 15162, with a specific focus on cumulative impacts fromnearly 1,000 residential units now planned for the area.
Conclusion:The Town of Los Gatos cannot rely on either the 2040 General Plan EIR or the North 40Specific Plan EIR to satisfy its CEQA obligations for the North 40 Phase II project. The repealof the 2040 Land Use Element; the outdated transportation metrics in the North 40 EIR; theunexamined impacts of the HEOZ; and the pending high-density Builder’s Remedyapplications clustered along Los Gatos Boulevard each independently necessitatepreparation of a subsequent or supplemental EIR under CEQA Guidelines § 15162.
We urge the Town to revise its CEQA approach to ensure full compliance with legalrequirements for environmental analysis, transparency, and public review.
Sincerely,
Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
From:
To:Gabrielle Whelan
Cc:Town Manager; Joel Paulson;
Subject:Re: Legal Effect of Non-Compliant Housing Element Adopted January 30, 2023
Date:Monday, July 14, 2025 9:04:31 AM
Attachments:image.png
[EXTERNAL SENDER]
MEMORANDUM
To: Gabrielle Whelan, Town AttorneyFrom: Los Gatos Community AllianceDate: July 13, 2025
Re: Legal Effect of Non-Compliant Housing Element Adopted January 30, 2023, onDevelopment Applications Deemed Complete April 18, 2023, Including Applicability ofGovernment Code § 65589.5(o)
I. IssueCan a development application deemed complete on April 18, 2023, lawfully rely on theTown’s January 30, 2023, adopted housing element, which HCD determined to be out ofcompliance on April 14, 2023—including through any vesting claims under GovernmentCode § 65589.5(o)?
II. Short AnswerNo. A housing element deemed non-compliant by HCD lacks legal effect for purposes ofvesting or development consistency. Government Code § 65589.5(o) only permits vesting in“valid” standards—those that were in effect and legally enforceable at the time ofapplication. The April 14, 2023, HCD determination renders the January 30, 2023, elementpresumptively invalid, barring reliance on it. Under AB 1886 and existing law, this invaliditytriggers the builder’s remedy, not vested zoning rights based on the defective housingelement.
III. Key Facts
The Town adopted a new housing element on January 30, 2023.
On April 14, 2023, HCD issued a formal determination that the element was not in substantialcompliance with Housing Element Law.The development application was deemed complete on April 18, 2023.The applicant asserts a vested right based on the adopted but non-compliant element’s
provisions, presumably citing Government Code § 65589.5(o).
IV. Legal Analysis
A. HCD Compliance is Determinative Under State LawUnder California law, an adopted housing element has no legal effect unless it is insubstantial compliance with the Housing Element Law. That compliance must beaffirmatively determined by HCD. (Gov. Code § 65585(f); see also Fonseca v. City of Gilroy(2007) 148 Cal.App.4th 1174, 1182.) The courts have consistently rejected the doctrine of“self-certification.” (See also La Cañada Flintridge v. HCD, 2023.)
Moreover, AB 2023 (effective Jan. 1, 2024) codifies a rebuttable presumption that a non-compliant housing element is invalid for all legal purposes, including zoning consistencyand CEQA tiering. This presumption applies retroactively to pending applications that seekto rely on elements found out of compliance by HCD.
B.Vesting Requires a Valid Legal Framework at Time of ApplicationUnder Government Code § 65589.5(o), applicants vest in the “standards and criteria” ineffect at the time a complete application is submitted. However, those standards must belawfully enforceable. The Town’s general plan—of which the housing element is amandatory component—was legally deficient as of April 14, 2023. That deficiency rendersthe entire general plan internally inconsistent and legally inadequate. (See LesherCommunications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 544.)
C.Government Code § 65589.55 (AB 1886) Clarifies Applicable Vesting LawAB 1886, enacted as Government Code § 65589.55, provides: “A housing element or amendmentshall be considered in substantial compliance... only if the element or amendment was insubstantial compliance, as determined by the department or a court of competent jurisdiction,when a preliminary application... was submitted.” (§ 65589.55(a))
“This section does not constitute a change in, but is declaratory of, existing law.” (§65589.55(b))
This confirms that a developer cannot rely on a non-compliant housing element to assertvested rights under § 65589.5(o). Because HCD’s April 14, 2023, finding applies retroactively to the date of preliminary application, no legal vesting occurred. The correct consequence is that the project qualifies under the builder’s remedy, not under the terms of the invalid element.
D. Zoning in Effect at Time of Application Controls Base DensityGiven that the Housing Element cannot be relied upon, the Town must fall back on thezoning regulations in effect as of April 18, 2023—which permitted a maximum of 20dwelling units per acre. This figure governs both consistency determinations andcalculations of base density under the State Density Bonus Law (Gov. Code § 65915(f)).Courts and HCD technical assistance letters confirm that density bonus calculations must begrounded in lawfully adopted and enforceable zoning.
E. Conclusion and Recommendations
Because the January 30, 2023, Housing Element was not in substantial compliance at thetime of application, it cannot form the basis for vesting, project consistency, or densitybonus calculations. The Town must evaluate the application against the prior zoningstandards—namely, 20 units per acre—and not any provisions of the invalid element.
Accordingly:1. The applicant cannot claim vested rights under § 65589.5(o) based on the January 2023Housing Element.2. The application should be analyzed under zoning in effect as of April 18, 2023.3. The applicable base density for the purposes of any density bonus is 20 du/acre.4. The builder’s remedy, rather than vested rights, governs any entitlement claims arisingfrom the Town’s lapse in Housing Element compliance.
We respectfully urge the Town to withhold any discretionary action until HCD responds tothe pending Technical Assistance Request submitted by the Los Gatos Community Alliance.
We remain available to provide further analysis or assistance as needed.
Sincerely,
Jak Van Nada - in behalf of Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
Rebuttal to FAQ Response 3 – Differing Definitions of Density
The Town’s position that different standards apply for Housing Element compliance (“gross
lot area”) versus state Density Bonus Law (“gross acreage”) introduces an unnecessary andimpermissible duality. Both statutory frameworks—Housing Element Law and the DensityBonus Law—share a common goal of maximizing residential production. Artificiallyreducing site capacity in the Housing Element by using a narrower, undefined metric suchas “gross lot area” directly contradicts the state’s intent and may invalidate the HousingElement inventory under HCD review.
HCD guidance repeatedly emphasizes that methodological consistency is necessary acrossdensity calculations to ensure transparent and enforceable RHNA compliance. Deviatingfrom the statewide standard frustrates these objectives and potentially results in siteinventories being rejected for undercounting development potential.
Rebuttal to FAQ Response 4 – RHNA and “No Net Loss” Compliance
The FAQ fails to acknowledge the significant shortfall in affordable housing units proposedin the North 40 Phase II project relative to the site’s assumptions in the certified HousingElement. The Housing Element assumed 474 total units, including 365 affordable unitsacross all income categories. In contrast, the proposed project includes only approximately77 affordable units, a reduction of nearly 80% in low- and moderate-income capacity.Under Government Code § 65863 (“No Net Loss”), the Town bears the burden ofdemonstrating that adequate capacity remains across all income levels. General assertionsof adequate sites are insufficient. The Town must specifically identify developable parcels,by income category, that can accommodate the lost capacity within the 6th cycle. If itcannot, it must rezone equivalent sites within 180 days or risk enforcement by HCD or theAttorney General. The Town’s failure to assess or disclose these shortfalls in the FAQundermines the credibility of its RHNA compliance.
Rebuttal to FAQ Response 5 – Vesting to an Uncertified Housing Element
The suggestion that the North 40 project vested to the January 30, 2023 Housing Elementsimply because it was “adopted” misstates the law. Vesting under SB 330 and GovernmentCode § 65589.5(o) depends not just on timing, but on legal enforceability. A HousingElement that has not been found in substantial compliance with state law by HCD or a courtis not enforceable for purposes of denying or regulating Builder’s Remedy projects.The Town cannot pick and choose when to treat the element as enforceable. If the elementwas noncompliant for Builder’s Remedy purposes, it is likewise invalid for vestingdevelopment standards under SB 330. To hold otherwise creates a legal contradiction andinvites litigation challenging the Town’s selective enforcement.
Rebuttal to FAQ Response 6 – Inadequate CEQA Review
While the FAQ acknowledges that an Initial Study is being prepared under CEQA, this stepalone is inadequate given the project’s scale, policy implications, and departure from whatwas analyzed in the 2040 General Plan EIR. CEQA requires a Subsequent or SupplementalEIR when new information or substantial changes—such as density changes, increasedenvironmental impacts, or cumulative effects—arise that were not addressed in the prioranalysis
Given the concentration of SB 330 and Builder’s Remedy projects in Los Gatos and the TownCouncil’s own admission that cumulative impacts must be studied, the Initial Study shouldbe followed by a full EIR to comply with CEQA and avoid piecemealing.
Conclusion
The Town’s FAQ attempts to rationalize inconsistencies in how it interprets and applies
state housing law, density calculations, and RHNA compliance. However, thoseinterpretations fall short under scrutiny of statutory language, HCD guidance, and legal
precedent. To resolve these disputes, it is essential that the Town seek formal technicalassistance from HCD and refrain from advancing or approving development projects that
rest on legally questionable assumptions.
Let's not lose site of one of the most important objectives of the Housing Element was toincrease the number of affordable units in Los Gatos. Unfortunately, it seems that we arebeing met with resistance from the Town. We are perplexed in that we seem to be arguing against the very parties whom all wanted more affordable housing early on in the process.
Jak Van Nada - Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
June 8, 2025
California Department of Housing and Community Development
Attn: Housing Accountability Unit
2020 W. El Camino Avenue
Sacramento, CA 95833
Re: Request for Technical Assistance – North 40 Phase II Project in Town of Los Gatos
Dear Housing Accountability Unit:
On behalf of concerned stakeholders and community members, we respectfully request
technical assistance from the California Department of Housing and Community
Development (HCD) regarding the proposed North 40 Phase II development project
(Architecture and Site Application S-23-031, Subdivision Application M-23-005) located
at 14859 Los Gatos Blvd and 16270 Burton Road in the Town of Los Gatos, Santa
Clara County.
The North 40 Phase II project is currently under review by the Town, and the first public
hearing before the Planning Commission occurred on April 30, 2025. We are requesting
this technical assistance to aid the Town in its timely decision-making and ensure
proper application of state housing laws.
This request arises due to unresolved legal and policy questions about the project’s
compliance with state housing laws, including the Housing Accountability Act (HAA),
State Density Bonus Law (SDBL), and Government Code Section 65589.5(o).
Specifically, we seek clarification on the following six issues:
1. Applicability of the January 31, 2023 Housing Element
The applicant contends that the Town’s January 31, 2023 Housing Element governs this
project because it was formally adopted and in effect when the applicant submitted its
preliminary application on April 18, 2023. The applicant cites Government Code §
65589.5(o), which allows housing projects to vest under the ordinances, policies, and
standards in effect on the date of the preliminary application.
However, we request HCD’s guidance on whether a housing element that had been
adopted by the Town but already found noncompliant by HCD prior to the preliminary
application date qualifies as an “ordinance, policy, or standard” under Government
Code § 65589.5(o) for vesting purposes.
Specifically:
On April 14, 2023, HCD issued a letter stating that the Town’s January 31, 2023
Housing Element did not substantially comply with State Housing Element Law
and required revisions.
The Town submitted multiple revisions in response to HCD’s comments.
On May 3, 2024, HCD issued a letter indicating it would certify the Town’s
revised Housing Element once adopted.
The Town adopted a revised Housing Element on June 4, 2024.
HCD certified the Housing Element on July 10, 2024.
HCD has emphasized that jurisdictions do not have the authority to “self-certify”
Housing Elements; state certification is required for legal effect. Because the January
31, 2023 element had already been deemed noncompliant before the preliminary
application was submitted, it is unclear whether the project may lawfully rely upon it for
purposes of vesting rights.
We therefore request HCD’s guidance as to whether the applicant may rely on the
noncompliant January 2023 Housing Element, or whether the project must be reviewed
under Builder’s Remedy provisions due to the lack of a certified element at the time of
application.
2. Applicable Zoning at Time of Application
The preliminary application was deemed complete on April 18, 2023. At that time, the
zoning for the project site was governed by the North 40 Specific Plan (NF-SP), which
allowed a maximum density of 20 dwelling units per acre.
In December 2023, the Town adopted a zoning ordinance that amended the Town Code
to replace the Affordable Housing Overlay Zone (AHOZ) with a new Housing Element
Overlay Zone (HEOZ). The HEOZ included the North 40 Specific Plan area and
implemented Housing Element site inventory assumptions allowing higher residential
densities.
We seek HCD’s technical assistance to determine whether the project may rely on the
subsequently adopted HEOZ, or whether Government Code § 65589.5(o) limits the
project to the development standards—including density limits—in effect at the time the
preliminary application was filed.
3. Status as a Single or Separate Housing Development Under State Law
The project proposes 450 units, but these are divided between two distinct components:
Grosvenor proposes to develop 383 units (373 market rate and 10 affordable).
Eden Housing, a separate nonprofit developer, is proposed to construct 67
affordable units on a 1.25-acre parcel that will be donated by Grosvenor.
There is no enforceable agreement between the developers to carry out these projects
as a single development. The Eden Housing component is contingent upon securing
separate financing and would be independently managed. We request HCD’s guidance
on whether this constitutes a single integrated housing development under the HAA and
SDBL, or whether these must be treated as two separate developments.
This distinction is important because Grosvenor’s portion alone falls below the13%
affordability threshold for Builder’s Remedy and below the minimum affordability needed
for SDBL incentives.
4. Use of Net Acreage to Satisfy Minimum Density and Site Capacity
The applicant claims the project meets the Housing Element’s minimum density
requirement of 30 dwelling units per acre by proposing 450 units on a net acreage of
14.47 acres, which excludes public streets and infrastructure. This results in a claimed
density of 31.1 du/ac. However, the actual gross acreage of the site is 15.65 acres,
which yields a density of only 28.8 du/ac—below the minimum required.
The adopted Housing Element includes a specific definition of residential density:
Density. Residential developments are regulated by an allowed density range
(minimum and maximum) measured in “dwelling units per acre.” Residential
density is calculated by dividing the number of housing units on the site (excluding
accessory units) by the gross lot area.
This definition mandates the use of gross acreage, not net, for calculating consistency
with minimum and maximum density limits.
State law is equally clear. Government Code § 65915(f) provides that base density
under the State Density Bonus Law must be calculated using gross acreage. HCD’s
December 2022 letter to the City of Watsonville further clarifies:
Gross acreage includes all land owned in fee, including land encumbered by
easements for public roads, utilities, or rights-of-way.
Areas set aside for future infrastructure, easements, slopes, wetlands, or
dedications must still be included in the gross acreage calculation.
Assessor parcel maps are not reliable for this purpose; legal land surveys must be
used to capture the full gross parcel.
Government Code § 65915(r) requires that the SDBL be interpreted liberally in
favor of producing the maximum number of housing units.
Applied here:
Grosvenor proposes 383 units on 14.40 acres = 26.6 du/ac
Eden Housing proposes 67 units on 1.25 acres = 53.6 du/ac
Total project = 450 units on 15.65 acres = 28.8 du/ac
A-1
ATTACHMENT A
14859 Los Gatos Blvd and 16270 Burton Road
(APN 424-07-009, -053, -081, -094, -095, -115, -116, and -052)
Architecture and Site Application S-23-031
Subdivision Application M-23-005
Proposed Density Bonus Concessions, Waivers, and Parking Reductions
Although the Project meets many of the General Plan policies, including the land use and density
designated in the Housing Element, and the guidelines of the North 40 Specific Plan, the
Applicant seeks incentives or concessions, waivers, and parking reductions pursuant to the State
Density Bonus Law (Gov. Code § 65915).
The Project will dedicate 77 of its 450 units to be rented to lower income households, as defined
in Section 50079.5 of the Health and Safety Code at a monthly cost that is an affordable rent, as
defined in Section 50053 of the Health and Safety Code. Note that this level of affordability
equals 21 percent of the Project’s market rate units, which exceeds the affordability requirements
in the Town’s BMP Ordinance. In addition, by providing this level of affordability, the Project
is entitled to the following benefits under State Density Bonus Law:
• A density bonus of 30.5% 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 parking
provided in uncovered or tandem spaces, that do not exceed specified ratios. (Gov. Code
§ 65915(p).)
As detailed below, the Applicant proposes to use the State Density Bonus Law’s concessions,
rs, and parking reduction benefits to allow the development of the Project d I
addition, the Applicant reserves the right to modify the request to include different or additional
concessions and waivers if needed to address additional applicable development standards.
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 at
least 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
A-2
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 on 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.1
2. Potential Reduction in Private Open Space. (Townhomes only) 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. Objective
Design Standard A.11.1.b requires each ground floor dwelling unit to have a minimum of 120
square feet of usable private recreation space. As currently designed, the Townhomes satisfy this
requirement through the provision of private roof decks. However, to reduce construction costs,
it may be necessary for the Project to remove some or all of the roof decks before submitting for
building permits, which would cause the Project to fall short of the open space standard.
Therefore, the Project requests a concession to remove private roof decks from the design at the
Applicant’s election to result in cost savings to help provide the level of affordability proposed.
Waivers
When considering the following proposed waivers, it is important to remember that “[i]n no case
may [the Town] apply any development standard that will have the effect of physically
precluding the construction of a development [that qualifies for the State Density Bonus Law] at
the densities” allowed and with the requested concessions. (See Gov. Code, § 65915(e)(1).)
Cases have confirmed that once a project qualifies for a density bonus, “the law provides a
developer with broad discretion to design projects with additional amenities even if doing so
would conflict with local development standards.” (Bankers Hill 150 v. City of San Diego (2022)
74 Cal.App.5th 755, 774-75; see also Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329,
1346–1347 [waivers must be granted even though redesigning thee project to decrease amenities
would reduce the need for waivers].)
1. Increased Maximum Height. Section 2.5.2 of the North 40 Specific Plan and referenced in
Policy LU5 sets a maximum building height of 30 feet across the Project site and Section
2 5 7(b) sets a maximum building height of 25 feet for buildings located within 50 feet of Los
Gatos Boulevard. The Project requires a waiver to allow the Affordable Multifamily (Building
G) units to achieve a maximum height of 63 feet measured from the lowest natural grade to
highest roof surface or 61 feet when measured from the proposed grade, and the town home units
to achieve a maximum height of 49 feet when measured from the lowest natural grade or 44 feet
when measured from lowest proposed grade, and the Mixed‐Income Multifamily (Building E)
units to achieve a maximum height of 100 feet from when measured from the lowest natural
grade to the highest roof surface or approximately 94 feet when measured from the lowest
1 See HCD Notice of Violation to City of Elk Grove (October 12, 2022), which concludes that allowing residential
ground floor development in mixed use areas that otherwise require ground floor commercial uses results in actual
and identifiable cost reductions such that refusal to approve a concession would violate the State Density Bonus
Law.
A-3
proposed grade. It should be noted that Building E is approximately 89 feet when measured from
Los Gatos Boulevard and that detailed measurements are included in the updated architectural
sheets in the attached revised drawings (Planning Comments 18, 27 and 29). The Specific Plan’s
development standards do not accommodate the Project’s proposed density, which is allowed
pursuant to 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, 3
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 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:
• A.2.1. (100% affordable multifamily housing, townhomes, and commercial buildings
only) Short-term bicycle parking cannot be accommodated within 50' of each building
entry while maintaining adequate space for residential density and proposed open space.
In the alternative, the project distributes bike parking throughout the site to balance even
distribution and convenience, while also supporting active community use.
• A.2.2. (100% affordable multifamily housing, mixed-use multifamily, and townhomes)
Long-term bicycle parking is provided at one space per unit. To maintain adequate space
for residential density and proposed open space, short-term bicycle parking is provided at
a ratio of one space per 2,000 square feet of non-residential floor area.
• A.3.4.e. (100% affordable multifamily housing and mixed-use multifamily only) To
maintain adequate space for residential density and proposed open space, long‐term
bicycle spaces are proposed to be accommodated with stacked parking. Although the
proposed bicycle racks would not meet the Objective Design Standards’ dimensions, a
reduction is necessary to provide adequate long-term bicycle parking without reducing
the Project’s residential density.
• A.5.1. (Commercial building only) The project is designed to prioritize the pedestrian
experience and active ground-floor retail uses where the buildings have frontage on C1
Street, D4 Street, and the Pedestrian Paseo, which is proposed as a Project amenity
serving the public and future Project residents. It is necessary to locate surface parking
2 In some cases, the height waivers proposed may exceed the more precise heights shown on the architectural plans.
We propose rounding the height up to nearest foot to allow for some variance between the current plans and final
construction plans.
3 See HCD Notice of Violation to City and County of San Francisco (December 29, 2022), which concludes that it is
a violation of the State Density Bonus Law to approve a project subject to a condition of approval that the applicant
reduce the height proposed as a waiver.
A-4
between the buildings and Los Gatos Boulevard, otherwise the Project would need to be
redesigned to remove the proposed amenity or reduce its residential density.
• A.6.3, (Mixed-use multifamily only) The multifamily building has a parking structure,
and a pedestrian access gate cannot be provided without redesigning the Project and
affecting its density. Pedestrians can access the exterior by using an elevator, corridor or
stairs.
• A.10.2. (Mixed-use multifamily and townhomes only) The Project requires a new
unbroken retaining wall between C5 Street and the neighboring property so long as the
adjacent grade remains lower than the Project Site’s grade to support development at the
permitted density.
• A.11.1.b. (100% affordable multifamily housing and mixed-use multifamily only) The
100% affordable multifamily building cannot accommodate balconies and cannot meet
the private open space requirements while maintaining the unit count. The mixed-use
multifamily building can accommodate balconies on only 49% of the units (126 units)
without reducing Project density.
• A.12.1. (Mixed-use multifamily and commercial buildings only) The Project proposes a
Paseo to connect Los Gatos Boulevard to the Meadow, which would house the ground
floor retail consistent with the Project’s first concession request and serve as a Project
amenity serving the public and future Project residents. Providing 75 percent of any
street-facing façade would require a Project redesign to remove the proposed amenity and
conflict with its concession request.
• B.1.1. (Townhomes only) The primary street-facing façade of the townhomes complies
with B1.1.1b, c, and f. However, since each facade of the townhomes faces a street,
depending on siting, it is not possible for the townhomes to comply with the requirement
that all street-facing facades incorporate three of the identified design solutions.
• B.1.2. (100% affordable multifamily housing and mixed-use multifamily only) An upper-
story setback would reduce the density of the Project.
• B.3.1. (Mixed-use multifamily only) The mixed‐use multifamily building (E1) cannot
comply with the requirement to install horizontal eave breaks every 40 feet of building
façade without redesigning the Project and reducing its density.
• B.4.1. (Townhomes only) Townhomes comply at Front Facade of each building, but
redesigning the Project to differentiate the base of the buildings at the Rear/Garage or
Side Facades would affect the overall residential capacity by reducing the building form
and floor area for the Project’s residential uses.
• B.4.3. (100% affordable multifamily housing and townhomes only) The 100% affordable
multifamily building (6 points) and the townhomes (14 points) cannot reach 16 points
through street‐facing façade plan variation while maintaining the unit count.
• B.4.4. (Townhomes only) The Project proposes the Meadow as an amenity serving the
public and future Project residents. Townhomes H1 and H2 are designed to face the
Meadow rather than the street to activate this project amenity. As a result, the garage
doors on these two townhomes exceed 40 percent of the length of the façade; otherwise,
the Project would need to be designed to modify the proposed amenity or reduce its
residential density.
• B.4.6.b. (Commercial building only) The Project proposes a Paseo to connect Los Gatos
Boulevard to the Meadow, which would house the ground floor retail consistent with the
Project’s first concession request and serve as a Project amenity serving the public and
A-5
future Project residents. To activate the Paseo and accommodate the design of this
Project amenity consistent with the Project’s concession request, the commercial
buildings deviate from the façade requirements.
• B.4.10. (Townhome F3 only) Townhome B3 is adjacent to a single-family use and cannot
be designed to set back five additional feet from the façade plan of the lower floor
without reducing the project’s residential development capacity.
• B.4.11. (Mixed-use multifamily building and townhomes only) The mixed-use
multifamily building’s balconies extend into the airspace beyond the building footprint,
as does the balcony for Townhome F3. This encroachment must be allowed to
accommodate the project’s residential density and open space amenities.
• B.4.13. (Mixed-use multifamily building only) The mixed‐use multifamily building (E1)
cannot comply with the façade requirement without redesigning the Project and reducing
its density.
4. BMP Program Standards. As noted above, because the Project is consistent with the Housing
Element’s designated density for the Property and because it reserves 77 of its units as affordable
to lower income households, the Housing Accountability Act prohibits the Town from denying
the Project based on inconsistencies with zoning standards, including the Town’s BMP Program.
However, to the extent applicable, we request a waiver from the BMP Program requirement to
provide affordable units proportionately in the same unit type mix as the market rate units and to
have the units be dispersed throughout the Property. Because the Project would involve a
partnership with a non‐profit developer to provide affordable housing units using tax credits and
other financing mechanisms that require the affordable units be consolidated, compliance with
the BMP Program requirements would physically preclude development of the Project.
Likewise, requiring larger affordable units would result in few units per building, reducing the
Project’s density.
Parking Reductions
Consistent with the standards established in subdivision (p) of Government Code section 65915,
the Applicant proposes that the mixed-use multifamily housing building and the townhomes be
subject to the following minimum parking ratios, inclusive of guest parking:
• Zero to one bedroom: one onsite parking space;
Two to three bedrooms: one and one‐half onsite parking spaces; and
• Four and more bedrooms: two and one‐half parking spaces.
Note that the 100% affordable multifamily housing building complies with the Town’s parking
standards, which require less parking than the State Density Bonus Law. Therefore, this portion
of the request is not applicable to the affordable housing component of the Project.
From:
To:Town Manager
Cc:Matthew Hudes; Gabrielle Whelan; Joel Paulson
Subject:Requesting Technical Assistance from HCD
Date:Monday, June 9, 2025 4:44:15 PM
Attachments:Request for Technical Assistance - North 40 Phase II Project Final to HCD June 9 2025.pdf
[EXTERNAL SENDER]
Today we filed a request for technical assistance from HCD regarding a number of outstanding policy andlegal issues arising from the North 40 Phase II development application. We have previously suggestedthe Town seek technical assistance from HCD for a number of these issues but to our knowledge norequests have been made. Additionally we have asked the Town for clarification regarding these issuesbut never received a reply. Given the importance of this development application, asking HCD fortechnical assistance seemed extremely prudent.
We are providing you a copy of the request for your files.
Thank you
Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
From:
To:Gabrielle Whelan
Cc:Town Manager; Joel Paulson;
Subject:Subject: Urgent Clarification Required on Critical Issues from Our 7/8/25 Meeting
Date:Monday, July 14, 2025 8:40:58 AM
Attachments:image.png
[EXTERNAL SENDER]
Dear Gabrielle,
We appreciate the opportunity to engage in a productive discussion during our recent meeting. However, significant
unresolved concerns regarding legal compliance and procedural integrity necessitate further clarification to prevent
serious risks to the Town’s housing obligations and potential legal challenges.
We respectfully request your prompt attention to the following issues raised during our meeting, each of which
carries substantial implications for the Town’s compliance with state housing law and the integrity of the current
project.
1. Use of Net Acreage in Housing Element (HE) Compliance
You indicated that, despite the HE explicitly defining “density” based on “gross lot area,” the Town’s zoning
code permits the use of “net lot area” to determine HE compliance. This apparent prioritization of the zoning
code over the HE’s clear definition raises serious concerns about legal consistency. Could you provide the
precise statutory or legal authority justifying this deviation from the HE’s defined term? Additionally, please
identify the specific zoning code section governing this calculation. The HE’s unambiguous reliance on “gross
lot area” suggests that using “net lot area” undermines the HE’s intent and may expose the Town to legal
scrutiny for non-compliance with state housing requirements.
2. Inconsistency in Density Computation Between HE and SDBL
A glaring inconsistency exists in the applicant’s approach to density calculations, which threatens the project’s
compliance with both the HE and the State Density Bonus Law (SDBL). The applicant proposes using “net
acreage” for HE compliance, aligning with the Town’s zoning code, while relying on “gross acreage” for
SDBL calculations, as permitted under Government Code Section 65915(f)(1). This contradictory
methodology directly conflicts with guidance from the California Department of Housing and Community
Development (HCD). Specifically, HCD’s technical assistance letter to the City of Agoura Hills dated July 26,
2023, unequivocally mandates the use of “gross acreage” for determining base density. By adopting divergent
metrics—net acreage for HE and gross acreage for SDBL—the Town risks establishing a legally indefensible
framework that could invalidate project approvals and invite litigation. Could you explain the Town’s rationale
for tolerating this inconsistency and its divergence from HCD’s clear directive? To safeguard compliance and
avoid legal jeopardy, must density not be uniformly calculated using gross acreage, as HCD recommends, for
both HE and SDBL purposes?
3. Impact on HE Site Inventory and RHNA Obligations
The use of “net lot area” for HE compliance significantly reduces the developable land in the HE site
inventory, jeopardizing the Town’s ability to meet its 6th Cycle Regional Housing Needs Allocation (RHNA).
This approach may trigger “net loss” provisions under state law, as outlined in Government Code Section
65583.2, due to insufficient land capacity to accommodate required housing units. Could you confirm whether
this methodology jeopardizes RHNA compliance and, if so, detail the potential consequences for the certified
HE, including decertification or mandatory corrective actions? Failure to address this issue could undermine
the Town’s housing obligations and erode public trust in its planning process.
4. Reliance on the January 31, 2023 Housing Element
The Town’s continued reliance on the January 31, 2023 HE is deeply problematic and exposes the project to
significant legal risks. HCD’s letter dated April 14, 2023, explicitly found the HE non-compliant with state
housing law, highlighting that Program D of the North 40 Specific Plan fails to commit to a minimum density.
The determination of the N 40 Phase II minimum density is central to our concern. Furthermore, the Town
Council’s adoption findings lack substantial evidence and appear flawed, while HCD’s March 16, 2023 memo
prohibits local jurisdictions from self-certifying their housing elements. Notably, HCD’s April 14, 2023
findings predate the N40 application’s completion on April 18, 2023, amplifying their relevance. Approving
development under this non-compliant HE, which has undergone material subsequent changes, invites third-
party legal challenges that could halt the project and incur significant costs. To mitigate these risks, we
strongly urge the Town to suspend action until HCD provides technical assistance to resolve these
deficiencies.
5. CEQA Review Approach
Substantial changes in circumstances and new information, unaddressed in the 2040 General Plan EIR or the
N40 Specific Plan EIR, cast doubt on the validity of relying on these documents for CEQA compliance. This
gap risks violating CEQA’s requirement for a thorough environmental review, potentially exposing the project
to further legal challenges. Could you detail the Town’s strategy for ensuring full CEQA compliance,
including whether a supplemental or subsequent EIR will be prepared to address these new conditions?
We value your expertise and commitment to addressing these concerns. To avert third-party legal challenges, project
delays, and potential non-compliance with state housing mandates, we strongly urge the Town to refrain from taking
action until HCD provides technical assistance to resolve these critical issues.
Jak Van Nada In Behalf Of: Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
From:
To:
Cc:; Town Manager; Gabrielle Whelan; Joel Paulson; ;
Matthew Hudes
Subject:Subject: Urgent Request for Technical Assistance – North 40 Phase II (Los Gatos)
Date:Monday, July 28, 2025 8:38:59 PM
Attachments:image.png
[EXTERNAL SENDER]
To:
From: Jak Vannada, Los Gatos Community AllianceDate: July 28, 2025
Email – Urgent Request for Technical Assistance
Dear Mr. Ying,
On behalf of the Los Gatos Community Alliance (LGCA), I write to urgently follow up on ourJune 24, 2025 request for technical assistance regarding the North 40 Phase II project— aproposed 450-unit mixed-use development currently pending before the Town of Los Gatos.Our request raises critical legal questions under the Housing Accountability Act (HAA),State Density Bonus Law (SDBL), and the Permit Streamlining Act (PSA). These issues areessential for ensuring lawful and informed decision-making by the Town’s PlanningCommission.
HCD’s Consolidation of LGCA’s Request
We understand from HCD’s June 26, 2025 response that our request was consolidated intoCase No. HAU 1928, which was initiated by Grosvenor Property Americas through itsattorney, Eric Phillips. While we appreciate the acknowledgment, we are concerned that:
- HCD’s own response admits “the subject matter... is not exactly the same,”
- Yet no direct response has been issued to LGCA’s specific legal concerns, and- Without a written reply, critical guidance is being withheld from both the community and - the Planning Commission.
Timing Concerns
We have learned that HCD does not plan to respond to LGCA’s request until after thePlanning Commission’s next meeting, currently expected in late August. This raises seriousquestions:
How can the Planning Commission fairly and lawfully evaluate the application if HCDwithholds technical guidance until after a vote is taken?
Proceeding without state-level clarification risks a legally flawed decision and increases the
likelihood of litigation, which in turn would delay housing production—contrary to HCD’smission.
Hearing Limit and Process Breakdown
Per Government Code § 65905.5, the Town is limited to five public hearings for this project.One hearing has already occurred, even though:
- The staff report was incomplete,- The independent nature of the Eden Housing component was not adequately addressed, and- The report contained non-CEQA-compliant analysis.
Holding a second hearing without full legal clarity from HCD imposes an unnecessaryburden on both the Commission and the public.
Apparent Inequity in HCD Response Times
By contrast, we note that HCD responded promptly and in detail to a technical assistancerequest submitted by Arielle Harris (Cox Castle) on behalf of SummerHill Homes for theSaratoga Road Project—a smaller, 155-unit development. That response was issued justover four months after the request and addressed narrower PSA and SDBL questions.LGCA’s request is similarly grounded, timely, and highly relevant. It deserves the same levelof attention and transparency.
Our Request
We respectfully urge HCD to issue a separate, written response to LGCA’s June 24, 2025request in advance of the next Planning Commission hearing.This is essential to:
- Ensure legal compliance with state housing laws- Promote transparent and informed public review
- Avoid unnecessary litigation and delays in housing production
Sincerely,
Jak Van NadaLos Gatos Community Alliance
From:
To:Gabrielle Whelan
Cc:; Town Manager; Matthew Hudes; Joel Paulson
Subject:Unequal Treatment of North 40 Phase II Projects – Luxe vs. Grosvenor
Date:Sunday, September 14, 2025 9:03:59 AM
Attachments:image.png
[EXTERNAL SENDER]
September 13, 2025
Re: Unequal Treatment of North 40 Phase II Projects – Luxe vs. Grosvenor
Dear Ms. Whelan:
The Los Gatos Community Alliance (LGCA) is concerned about the inconsistent treatment of two housing projects
in the North 40 Phase II Specific Plan Area:
1. The Luxe Builder’s Remedy project at 14849 Los Gatos Boulevard; and
2. The Grosvenor project at 14859 Los Gatos Boulevard and 16270 Burton Road.
This disparity involves differing baseline density standards and uneven application of the Builder’s Remedy, risking
non-compliance with state law and public trust in the planning process.
1. Application Timing and Housing Element Status
Preliminary application dates determine vesting rights and Builder’s Remedy eligibility:
• Luxe Project: Preliminary application submitted September 13, 2023, invoking Builder’s Remedy.
• Grosvenor Project: Preliminary application deemed submitted April 17, 2023, under SB 330; formal
application submitted September 18, 2023, and deemed complete April 17, 2024.
Both applications preceded the Housing Element’s certification on July 10, 2024. As the January 30, 2023, Housing
Element was uncertified (per HCD’s April 14, 2023, letter), it lacked legal effect under Government Code §§
65589.5(d)(5) and 65589.5(o), as affirmed in California Renters Legal Advocacy and Education Fund v. City of San
Mateo (2021) 68 Cal.App.5th 820. Thus, both projects vested under the North 40 Specific Plan’s baseline zoning
during non-compliance.
1. Inconsistent Baseline Density and Acreage Calculations
The Town has applied divergent standards:
• Luxe Project: Correctly evaluated at 20 dwelling units per acre (du/ac) per Town Code § 29.80.510(6)(b),
Table 1B, for C1-HEOZ zoning, using gross acreage consistent with the Housing Element site inventory
• Grosvenor Project: Claims a 30 du/ac baseline, citing the uncertified Housing Element, and uses net acreage
(14.47 acres) to calculate 31.1 du/ac for 450 units. The proper density is 28.7 du/ac when using gross acreage
(450 ÷ 15.65) as called for by the certified Housing Element.
As both projects vested during non-certification, the baseline must be 20 du/ac. While net acreage may bepermissible under local zoning, HCD’s site inventory methodology requires gross acreage for consistency.Grosvenor’s reliance on a higher baseline and net acreage creates unequal treatment.
1. Builder’s Remedy Application
The Town recognizes Luxe as a Builder’s Remedy project, allowing zoning flexibility for qualifying affordableprojects under Government Code § 65589.5. Grosvenor, however, proceeds under the North 40 Plan withoutinvoking Builder’s Remedy, relying on an inapplicable Housing Element density. This disparity is arbitrary, as bothprojects vested during non-compliance and must adhere to the same zoning baseline unless qualifying for Builder’sRemedy or density bonuses under Government Code § 65915.
1. Requested Action
To ensure compliance with state law, LGCA requests that the Town:
1. Confirm both projects use the 20 du/ac baseline under Town Code § 29.80.510(6)(b), Table 1B, and grossacreage for density calculations, consistent with HCD methodology.
2. Apply Builder’s Remedy uniformly to qualifying projects, per Government Code § 65589.5.
Addressing these inconsistencies will mitigate risks of HCD enforcement or litigation and uphold fair planningprocesses. LGCA requests a written response clarifying the Town’s position before further project advancement.
Respectfully submitted,
Jak Van Nada - Los Gatos Community Alliance Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town