Exhibit 2 - Required Findings and Considerations
PLANNING COMMISSION – December 17, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
178 Twin Oaks Drive
Architecture and Site Applications S-24-023 through -032 and S-24-059
Vesting Tentative Map Application M-24-013
Mitigated Negative Declaration ND-25-001
Consider a Request for Approval for the Subdivision of One Lot into Twelve
Lots with a Vesting Tentative Map, Construction of a New Single-Family
Residence on Each Lot, Site Work Requiring a Grading Permit, and Removal of
Large Protected Trees Under Senate Bill 330 (SB 330) on a Vacant Property
Zoned RC. APN 532-16-006. An Initial Study and Mitigated Negative
Declaration Have Been Prepared.
Property Owner/Applicant: Larry Dodge
Project Planner: Erin Walters
FINDINGS
Required finding for CEQA:
■ An Initial Study and Mitigated Negative Declaration have been prepared for this project. It has
been determined that this project will not have a significant impact on the environment with
adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program to mitigate potential impacts to a less than significant level.
Required finding for consistency with the Town’s General Plan:
■ That the proposed project is consistent with the General Plan with the incentives, and waivers
requested pursuant to State Density Bonus Law and granting of the requested exceptions to
the maximum allowed density pursuant to the Builder’s Remedy provision of the Housing
Accountability Act, CA Gov. Code § 65589.5 (d).
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 with granting of the requested exceptions to Town standards pursuant to the
Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).
Instead, the Town Council makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan with granting of
the requested exceptions to Town standards pursuant to the Builder’s Remedy provision
EXHIBIT 2
of the Housing Accountability Act, California Government Code Section 65589.5(d).
b. That the design and improvement of the proposed subdivision is consistent with all
elements of the General Plan with granting of the requested exceptions to Town
standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act,
CA Gov. Code § 65589.5 (d).
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 with implementation of the Mitigation Monitoring and Reporting Program
and the Conditions of Approval.
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 Subdivision Map Findings for the Board of Forestry and Fire Protection:
■ For tentative or parcel maps approved in state responsibility areas (SRA) or very high fire
hazard severity zones (VH), the following findings are required to be made to the State Board
of Forestry and Fire Protection (14 CCR Section 1266.02):
1. A finding supported by substantial evidence in the record that the subdivision
is consistent with:
a. Regulations adopted by the State Board of Forestry and Fire Protection
pursuant to Sections 4290 and 4291 of the Public Resources Code, or
b. Consistent with local ordinances certified by the State Board of Forestry
and Fire Protection as meeting or exceeding the state regulations.
2. A finding supported by substantial evidence in the record that structural fire
protection and suppression services will be available for the subdivision
through any of the following entities:
a. A county, city, special district, political subdivision of the state, or another
entity organized solely to provide fire protection services that is
monitored and funded by a county or tother public entity.
b. The Department of Forestry and Fire Protection by contract entered into
pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) with the incentives and waivers requested pursuant to State Density Bonus Law
(CA Gov. Code § 65915) and granting of the requested exceptions to Town standards
pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code
§ 65589.5 (d).
Required compliance with the Town of Los Gatos Hillside Development Standards and
Guidelines:
■ The project meets the Town of Los Gatos Hillside Development Standards and Guidelines
with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov.
Code § 65915) and granting of the requested exceptions to Town standards pursuant to the
Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).
Required compliance with the Town of Los Gatos Hillside Specific Plan:
■ The project meets the Town of Los Gatos Hillside Specific Plan with the incentives and
waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting
of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision
of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).
Required for granting concession and waivers pursuant through State Density Bonus Law:
Concession(s) or incentive(s)
■ CA Government Code § 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,
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 § 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
Density Bonus Law.
Required findings to deny a project under State Builder’s Remedy Law:
As required by CA Government Code § 65589.5 (d) of the California Housing Accountability Act, a
qualifying housing development project invoking Builder’s Remedy shall not be denied by the
Town, or condition approval in a manner that renders the housing development project
infeasible, including through the use of design review standards, unless it makes written findings,
based on the preponderance of the evidence in the record, as to one of the following: None of
the findings could be made to deny the application.
1. The Town did not have a certified sixth cycle Housing Element by January 31, 2023.
2. The housing development project would not have a specific, adverse impact on the public
health or safety.
3. The denial of the housing development project or imposition of conditions is not required
in order to comply with specific state or federal law.
4. The housing development project is not proposed on land zoned for agriculture or resource
preservation that is surrounded on at least two sides by land being used for agricultural or
resource preservation purposes, or which does not have adequate water or wastewater
facilities to serve the project.
5. On the date the application for the housing development project was deemed complete,
the Town had not adopted a revised housing element that was in substantial compliance
with California Government Code Section 65589.5(d) of the California Housing
Accountability Act, and the housing development project was inconsistent with both the
Town’s Zoning Ordinance and General Plan Land Use Designation.
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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