2010-091-Recommend Certification Of The EIR And Adoption Of The 2020 General PlanRESOLUTION 2010-091
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECOMMENDING
GENERAL PLAN.
OF THE ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF THE 2020
WHEREAS, dre Town of Los Gatos has prepared the 2020 General Plan to enhance General Plan 2000 in the
four focus areas of parks and recreation, environment and sustainability, youth needs, and senior needs, along wide the
Environmental Impact Report (EIR); and
WHEREAS, the implementation of the 2020 General Plan is intended to preserve the small town character of
Los Gatos, enhance the community vision established in dxe 2000 Genual Plan and support a sustainable community;
and
WHEREAS, the 2020 General Plan establishes goals, policies and actions to maintain and aclveve these desir
able attributes; and
WHEREAS, pursuant to Government Codc section 65351, numerous opporhuudes were provided fox the in-
volvement of citizens, public agencies, public utilities, and various civic groups through, among other things, through the
meetings of the Gcncxal Plan Advisory Committee and the General Plan Committee over atwo-year period; and
WHEREAS, piusuant to Government Code section 65352, the Draft 2020 General Plan and the Draft ELR
were circulated to all applicable public agencies and interested civic groups; and
WHEREAS, under the provisions of the California Environmental Quality tlct (CEQA) and the CEQA
Guidelines, the Town of Los Gatos pxepaxed responses to comments on environmental issues, which responses clarify
ox correct information contained hi the Draft EIR, providing good-faith reasoned analysis supported by factual infor-
mation, and the comments and responses thereto were prepared and published in a Final Environmental Impact Report
("Final EIR"); and
WHEREAS, under the provisions of the Government Cade and the California Environmental Quality Act,
the Plannuxg Commission conducted drily noticed public hcaring5 mgarding certification of the Final EIR and adoption
of die General Plan on June 23 and 30, 2010, and recommended that the Los Gatos Town Council certify the Final EIR
and adopt the 2020 General Plan; and
WHEREAS, the Planning Commission recommended adoption of the 2020 General Plan, and the Los Gatos
Town Cowrcil considued all recommendations made by the Planning Commission; and
WHEREAS, the Los Gatos Town Council conducted duly noticed public hearings and received public testi-
mony about the 2020 General Plan and the Environmental Impact Report (EIK) on August 2, August 16, August 18 and
September 20, 2D10; and
WHEREAS, on September 2Q 2010, the Los Gatos Town Council found drat the Final EIR fox the 2020
General Plan as recommended fox certification by the Planning Commission, was pxepaxed in compliance with the Cali-
fornia Environmental Quality Act and guidelines and is complete;
THEREFORE, BE IT RESOLVED: The Los Gatos Town Cocmcil certifies dxe Final Environmental Im-
pact Report (Final F.IR) subject to die Fvrdings and Statement of Overiiduig Considerations iu F_shibit ?,, attached here-
to;
FURTHER RESOLVED: The Los Gatos Town Council finds that the 2020 General Plan is consistent with
the goals of the community and that all proceedings have been conducted in compliance with the provisions of Gov-
ernment Code Section 65350 et seq.
2010.
FURTHER RESOLVED: The Los Gatos Town Council adopts the 2020 General Plan dated September
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California,
held on the 20th day of September, 2010 by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pixz}'nski, Steve Rica Baxbaxa Spector, Mike Wasserman, Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
1,TTEST:
SIGNED:
,~i~re /h~Nc~
NIAYOROF THE TOWN OF LOS GATOS
LOS Gr1TOS, CSILIFORNIA
SIG``jjNED/\~~
CLI~MIIgISTRATOR OF THE TOWN OF LOS Gt1TOS
LOS GATOS, CALIFORNIA
Exhibit A
TABLE OF CONTENTS
SECTION I. CEQA TOWN OF LOS GATOS 2020 GENERAL PLAN EIR STATEMENT OF FIND-
INGS
1.0 Introduction ............................................................................................................................. ..................................................1-1
2.0 Purpose and Backgxound ...................................................................................................... ..................................................1-2
3.0 General Findings ..................................................................................:.................................. ..................................................1-5
4.0 Findings Regarding Less-Than-Significant Impacts........, ............................................... ..................................................1-9
5.0 Findings Regarding Significant Unavoidable Impacts ..................................................... ..........._..........................,
..........1-9
6.0 Findings Related to Cumulative Impacts .......................................................................... ................................................1-12
7.0 Findings Regarding Monitoring of NGTigation Measures .................................:............... .........:......................................1-13
8.0 Findings Regarding~lltexnatives .......................................................................................... ................................................1-13
9.0 Growth-Inducing Impacts ................................................................................................... ...............................:.
SECTION II. TOWN OF LOS GATOS GENERAL PLAN 2020 STATEMENT OF OVERRIDING CON-
SIDERATIONS
1.0 Statement of Overriding Considerations
II-1
i
SECTION I
THE TOWN OF LOS GATOS 2020 GENERAL PLAN EIR
STATEMENT OF FINDINGS
1.0 INTRODUCTION
Section 1.1 of dvs document provides a description of CEQA Statute s and Regulations regarding findings related to a
project Section 1.2 provides a description of the public review process that has lead decision makers to their conclu-
sions regarding this proposed 2020 General Plan. Section 2.0 presents the purpose and background of the project, in-
cluding a Project Description to familiarize the reader with the 2020 General Plan and to provide the context upon
wlilch these Findings axe based. Section 3.0 of this document presents the substantiation fox certification of the Final
EIR. The Findings in Section 4.0 relate to those impacts that have been determined to be less than significant. Section
5.0 contains Findings fox impacts that axe considered significant and unavoidable. Section 6.0 contains the Findings fox
cumulative impacts, and Section 7.0 contains Findings regarding monitoring of mitigation measures. Section 8.0 cou-
tains Findings regarding the alternatives to The proposed 2020 General Plan. Section 9.0 contains Findings fox gxowdr
inducing impacts. The Statement of Overxidvrg Considerations in contained in Section II of this document.
1.1 California Environmental Quality Act
1'he Califonila Environmental Quality tlct ("CEQA ") (Public Resources Code Sections 21000-21177) and the State
CEQii Guidelines (Cal. Code of Regulations, Title 14, Sections 15000-15387) require that specific findings be made if a
lead agency decides to approve a pxojcct which will have significant impacts. Section 21081 of the California Public Re-
sources Code states:
[N]o public agency shall approve ox carry out a pxojcct fox which an Environmental Impact Report has been cer-
tified which identifies one ox more significant effects on the environment that would occur if the project is ap-
proved ox carried out unless both of the following occur:
(a) The public agency makes one, ox more, of the following findings with inspect to each significant effect:
(1) Changes ox alterations have been required in, ox incorporated into, the project which mitigate or
avoid the significant effects on the environment.
(2) Those changes ox altemious axe within the responsibility and jurisdiction of another public agency
and have been, ox can and should be, adopted by that other agency.
(3) Speciftc economic, legal, social, technological, ox odrex considerations, including considerations fox
the provision of employment oppoxmnities fox higliy trained workers, make infeasible the mitiga-
tion measures ox alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a),
the public agency finds that specific overriding economic, legal, social, technological, ox other benefits of
the project outweigh the significant effects ou the environment."
The Environmental Impact Report ("EIR") fox the Town of Los Gatos 2020 General Plan (State Clearinghouse No.
2009032078) identifies significant ox potentiall}' significant environmental impacts, which, prior to mitigation as well as
after mitigation implementation, may occur as a result of implementation of the Town of Los Gatos 2020 General Plan
("General Plati'). Thus, in accordance with the provisions of CEQt1 Statute and the State CEQA Gitidelines, the Town
of Los Gatos, as the "lead agency" hereby adopts these Findings.
1.2 Environmental Review Process
Design, Community & Environment Tawn of Los Gatos 2020 General Plan
II-1 Findings of Fact and Statement of Overriding Considerations
In conformance with CEQA Statute and the State CEQA Guidelines, the Community Development Department of the
Town of Los Gatos conducted an environmental review of the proposed 2020 General Plan. The environmental review
process has included the following:
Initial Study/Scoping Process:
The Community Development Department of the Town of Los Gatos prepared a Notice of Preparation (NOP)
and Initial Study fox the proposed CEQA Project in accordance with Section 15082 of the CEQA Guidelines. The
NOP was distributed fox public review on March 23, 2009. Environmental issues raised by comments received in
response to die NOP during its 30-day public review period were considered fox inclusion in the Draft EIR. Public
and agency comments receive on the NOP were reviewed and incoxposated into die Draft EIR.
Pursuant to Section 15060(C) of the CEQA Guidelines, and Section 21083.8 of the State CEQA Statute, the Com-
munity Development Department of the Town of Los Gatos proceeded with preparation of an EIR. The Draft
EIR addressed environmental impacts in the following categories:
• Aesthetics
• Aix Quality
• Biological Resources
• Cultural Resources
• Geology, SoIls and Seismicity
• Gmcnhouse Gas Emissions
• Hazards and Hazardous Materials
• IIydrology and Water Quality
• Land Use and Planning, including Agricultural Resources
• Noise
• Population, IIousirng and Employment
• Public Services and Recreation
• Transportation and Circtilation
• Utilities and Infrastructure
During the scoping process, the mineral resources category was eliminated from the analysis in the Draft EIR since
known mineral resources axe not significant within the Tovm.
Preparation of a Draft EIR by the Community Development Department of the Town of Los Gatos:
The Draft EIR was distributed to Responsible Agencies, other affected agencies, and interested parties. The Notice
of Completion (NOC) of the Draft EIR was distributed as required by CEQi1, including publication in the local
newspaper. A 45-day public review period commenced on March 10, 2010 and concluded on April 26, 2010. Dtu-
ing the public review period, the Draft EIR, including appendices, was made available and circulated fox public re-
view.
• Public Hearings on the Draft 2020 General Plan and EIR:
A public heaxhxg was held by the Town of Los Gatos Planning Commission on Apr$ 21, 2010 to receive public
cornnaent on the Draft EIR. T'he lead agency responded to all questions submitted verbally or in writing in the Fi-
nal EIR and subsequent memorandums.
Preparation of the Final EIR:
Pursuant to Public Resources Code Section 21092.5, the Town prepared the Final EIR in response to comments on
the Draft EIR. The Final EIR contains the following: refinements and clarifications to the Draft EIR, written
comments received on the Draft EIR; responses to those comments; and testimony pmsented to the Planning
Commission and responses thereto. The Final EIR was issued on Jtme 16, 2010.
2.0 PURPOSE AND BACKGROUND
Design, Community & Environment Town of Los Ga[os 2020 General Plan
II-2 Findings of Pact and Statement of Overriding Considerations
2.1 Description of the Project
These fmdntgs relate to the project, the Town of Los Gatos 2020 General Plan. The project includes all of the Town of
Los Gatos within the town limits and land within its Sphere of Influence (SOI).
The Town of Los Gatos is a 14-square-mile community located in the southwestern area of Santa Clara Cotmty com-
monly referred to as Silicon Valley. Los Gatos is positioned in the southeast foothills of the Santa Cruz Mountains, ap-
proximately 25 miles east of the Pacific Ocean and 43 miles south of San Francisco.
The Draft 2020 General Plan is the basis fox the Town's land use and development policy; representing the basic com-
munity values, ideals and aspirations govexnittg development and conservation in Los Gatos through the year 2020. The
Draft 2020 General Plan addresses all aspects of development including land use, community character, transportation,
housing, public facilities, infiastructw:e, parks and open space, among other topics.
California Government Code Section 65300 requires the General Plan to be comprehensive and internally consistent.
The General Plan must provide long-term guidance fox the community. The General Plan must address all issues speci-
fied by State law and can be organized in a way that is most appropriate fox the Town of Los Gatos.
The proposed Dmft 2D20 General Plan cavies forward the majority of General Plan 2000 and also includes: a revised
General Plan structure with new goals, policies and actions focusing on parks and recreation, youth needs, senior needs
and environment and sustainabihty; and a comprehensive update to the Town's Housing Element, in compliance with
Government Code Section 65588.
It should be noted that the Draft 2020 General Plan proposes few changes to the land use designations as specified in
the General Plan 2000 and subsequent amendments thereto. The 2020 General Plau goals, policies, and actions address
buildout conditions within the Town and aims to accommodate anticipated population growth. There axe approximately
28,800 residents cuxxendy located within the Totvn of Los Gatos.
The overall objecfives of the Draft 2020 General Plan axe to ensruc that Los Gatos:
• Maintains the small town chaxactex of the Town.
• Is afull-service community that is also environmentally sensitive.
• Maintains a balanced, well-designed mix of residential, commercial, service and open space uses, fostering a pedes-
trian-oriented community consistent with a small town chaxactex.
• Maintains and expands existing park and open space land to maintain and enhance quality of life and promote sus-
tainabilitp, ox the long-term well-being of the environment and commnunity.
• Nleets the changing needs of the Town's youth anti senior populations.
• Supports an active business community that provides a wide variety of goods and services and a broad range of em-
ployment opportunities, minimizing the need to travel to other communities.
• Provides-a well-inn, efficient municipal government that is fiscally healthy with lilgh levels of public safety, recrea-
tional, art and cultural amenities and that is committed to high quality of life. '
• Promotes a sustainable and environmentally conscience community through conservation of resources, xeductimt of
greenhouse gas emissions, and smart-growth practices.
• Provides housing that meets the needs of a diverse community.
2.2 Purpose of the EIR
Design, Community & Environment Town of Los Gatos 2020 General Pl:ur
II-3 Findings oEFact and Statement of Overriding Considerations
Pursuant to CEQr1, Public Resources Code sections 21000 et seq., and the CEQd Guidelines, California Code of Regu-
lations, Title 14, Section 15000 et seq., (collectively, "CEQd"), the lead agency prepared an EIR for the 2020 General
Plan to anal}'ze the environmental effect of the 2020 General Plan. The Draft EIR was circulated fox public review for a
45-day period between March 10, 2010 and r1pri1 26, 2010, in accordance with CEQr1. Responses to comments were
pxepaxed and axe contained in the Final EIR. The Town of Los Gatos is the CEQA "lead agency" fox the 2020 General
Plan. The EIR was prepared by Design, Community & Environment (DC&E) fox the Community Development De-
partment ofdie Town of Los Gatos.
2.3 The Use of a Program EIR
The CEQr1 Guidelines identify several types of EIRs,each applicable to different project circumstances. This EIR has
been prepared as a Program EIR parsuant to CEQi1 Guidelines secdon.15168 to accommodate a complete analysis of
all of the components of the 2020 Genexal~Plan.
d Program EIR is an EIR that ma}' be prepared on a series of actions that can be characterized as one large project and
axe related in one of the following ways:
a) Geographically;
b) 1s logical parts in the chain of contemplated actions;
c) In connection with issuance of roles, regulations, plans, ox other general criteria to govern the conduct of a
continuing program; ox
d) t1s individual activities cuxied out under the same authorizing statutory ox regulatory authority and having gen-
erally similar environmental effects which can be mitigated in a similar way.
r1 Program EIR enables the lead agency to consider broad environmental implications of development at an early stage
in the process, sometimes when die project is still at a conceptual level, recognizing that a series of actions will occur
prior to development. Because they axe pxepaxed relatively early on, Program EIRs allow greater flexibility in dealing
with overall development options, basic environmental issues, and cumulative impacts.
The pxogxam EIR identifies and mitigates the effects of the overall pxogxam of development to die extent that diet' am
known at this time. The lead agency incorporates feasible mitigation measures developed in die Pxogtam EIR into sub-
sequent actions to implement the program. Requests fox approval of subsequent entitlements in the pxogxam must be
examined in light of the pxogxam EIR to determine whether additional environmental review must be conducted. If the
agency finds that pursuant to CEQd Guidelines section 15162, no new effects could occur and no new mitigation is
inquired, the agenry can approve the activity as being widiln the scope of the pxogxam ELR. However, if a latex activity
would have effects that were not examined in die pxogxam EIR, additional environmental review would need to be con-
ducted and additional opportunities fox public review provided as appropriate under CEQ~. rlddidonal environmental
review is xegtrired for subsequent discretionary approvals requested of the lead agency to hnplement the pxogxam, if,
pursuant to section 15162 of the CEQt1 Gudelines, die following circumstances occur:
a) Substantial changes axe proposed to the project description;
b) Substantial changes occur with inspect to the circumstances under which the project is undertaken (such as
new reguatory regttixements adopted relevant to die project); or
llcsign, Communih~ & Environment 'Down of Los Gatos 2020 General Plan
II-4 Findings of Fact and Statement of Overriding Considerations
c) New information of substantial importance, which was not known and could not have been known with the
exercise of xeasouable diligence at the time the previous EIR was cexdited, identifies new ox more severe im-
pacts fiom those identified in the program EIR ox if new mitigation measures can be identified to offset im-
pacts of the project.
2.4 Description of the Record
Fox purposes of CEQ?, and these findings, the record before the Town includes, without limitation, the following:
1) The NOP;
2) The Draft EIR and all appendices to the Draft EIR;
3) 'I1ie Final EIR and all appendices to the Final EIR;
4) rlll notices required by CEQi1, staff reports and presentation.matexials related to the 2020 Genera] Plan;
5) r1ll studies conducted fox the 2020 General Plan and contained in, ox referenced by, staff reports, the Draft
EIR, or the Final EIR;
6) ~1ll public reports and documents related to the 2020 General Plan prepared fox the Town and other agencies;
7) 11ll documentary and oral evidence received and reviewed at public hearings and workshops and all transcripts
and minutes of dtose hearings related to the 2020 General Plan, the Draft EIR, and the Final EIR;
8) Fox docwnentary and informational purposes, all locally-adopted land use plans and ordhnances, including,
without limitation, specific plans and ordinances, master plans together with environmental review documents,
findings, mitigation monitoring programs and odtu documentation relevant to planned growth ut the area; and
9) <1ny additional items not included above if they axe required by law.
2.5 Discretionary Actions
The discretionary action fox the proposed project involves the following approval by the Los Gatos Town Council:
1) ddoption of the 2020 General Plan.
These findings axe made by the Town pursuant to Section 15091 of die CEQA Guidelines. The Town is also adopthtg a
"Statement of Overriding Considerations" pursuant to Section 15093 of die CEQ11 Guidelhnes.
3.0 GENERAL FINDINGS
3.1 Terminology of Findings
Section 15091 of die CEQi1 Guidelines xegtdxes drat, fox each significant environmental effect identified in an EIR fox a
proposed project, the approving agency must issue a written finding reaching one ox more of three allowable conclu-
sions. The first is that "[c]hanges ox alterations have been required iu, ox incorporated into, the project which avoid ox
substantially lessen dte significant environmental effect as identified at die [Final] EIR." The second potential finding is
that "[s]uch changes ox alterations axe within the responsibility and jurisdiction of another public agency and not dte
agency making the finding. Such changes have been adopted by such other agency ox can and should be adopted by
Design, CommuniTy & Environment 'Down of Los Gatos 2020 General Plan
II-5 rindings of Pact and Statement of Overriding Considerations
such other agency." The dvrd permissible conclusion is that "[s]pecific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identi&ed in the final EIR."
Fox purposes of these findings, the term "mitigation measures" shall constitute the "changes ox alterations" discussed
above. The term "avoid or substantially lessen" will refer to the effectiveness of one ox mace of the mitigation measures
ox alternatives to reduce an otherwise significant environmental effect to ales-than-significant level.
In the process of adopting mitigation, the Town will also be making decisions on whether each mitigation measure pro-
posed in the Draft EIR is feasible ox infeasible. Pursuant to the CEQA Guidelines, "feasible means capable of being
accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental,
legal, social, and teclmological factors." (CEQA Guidelines, ~ 15364.) When the Town finds a measure is not feasible,
evidence fox its decision will be provided.
3.2 Certification of Final Environmental Impact Report and Adoption of Findings
On August 16, 2010, the Town Council of the Town of Los Gatos cexdfred the Environmental Impact Report (SCH
No. 2009032078) (the "EIR") fox the 2020 General Plan ("Plan") (Resolution # ~. Based upon the substantial evi-
dence in the record, the Town of Las Gatos finds and dedaxes as stated herein.
3.3 T1re Town of Los Gatos is the "lead agency" fox die Plan evaluated in die EIR. The Los Gatos Town Council
concurs with the Planning Commission recommendations and supports the findings by the Town of Los Gatos
that the EIR has been prepared in compliance with CEQA Statute and die State CEQA Guidelines.
3.4 The EIR evaluates the following environmental issues:
• Aestiretics
• Air Quality
• Biological Resources
• Culhual Resources
• Geology, Soils and Seismicity
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning, including Agricultural Resources
• Noise
• Population, Housing and Employment
• Public Services and Recreation
• Transportation and Circulation
• Utilities and Infiastructuxe
The EIR considered fhe significant and unavoidable environmental effects, if any, in each of these environmental
issue areas in Chapter 4 of die Draft EIR. Additionally, the llxaft EIR considered the following issues in sepa-
rate sections: Cumulative Impacts; Significant Unavoidable Impacts; Altematives to the 2020 General Plan;
Growth-Inducing Effects as a result of the 2020 General Plan; and Significant Irreversible Changes as a result of
the 2020 General Plan.
The cumulative impacts of the 2020 General Plan and other past, pmsent, and reasonably fomseeable future pro-
jects were considered in the EIR as required by CEQA (Public Resources Code Section 21083) and die State
CEQA Guidelines (Cal. Code of Regulations, Title 14, Section 15130). The cumulative analysis at the end of each
Design, Community & Rnvironment Tow of Los Gatos 2020 General Plan
II-6 Furdings oEFact and Statement of Overriding Considerations
section in Chapter 4 of the Draft EIR includes an analysis of future environmental conditions in the Town of Los
Gatos and surrounding areas to the eetent required in order to determine the significance of the Plan's incremen-
tal contribution to cumulative impacts.
The cumulative impacts analysis in each section of Chapter 4 in the EIR concluded that all cumulative impacts re-
sulting from implementation of die proposed Plan would either be less than significant ox mitigable to a less-
than-significant level. These impacts axe smnmarized in Section 6.0 of this document.
3.5 The Los Gatos Town Council finds that the Draft EIR and Final EIR provide objective information to assist the
Town's deusion-makers and the public-at-large in their consideration of the environmental consequences of the
proposed 2020 General Plan. The public review period provided all interested jurisdictions, agencies, private or-
ganizations, and individuals the opportunity to submit comments regarding the Draft EIR. The Final EIR was
prepared after the public review period and responds to comments made timing the public review period (March
10, 2010 through i\pril 26, 2010), as well as those made at, or poor to die noticed public meetings and/or public
beatings on die issues relevant to die Draft EIR. The Final EIR also includes a summary of the oral and written
comments made prior to the Planning Commission Public I-Iearing and responses to those comments.
The Los Gatos Town Councfl finds drat die Community Development Department evaluated comments on en-
vironmental issues received from persons who reviewed the Draft EIR. In accordance with CEQs1 Statute, the
Community Development Department pxepaxed written responses describing the disposition of significant envi-
ronmental issues raised. The Final EIR provides adequate, good faith, and reasoned responses to the comments
received by the Community Development Department The Community Development Department has re-
viewed the comments received and responses thereto and has determined that neither the comments received nor
the responses to such comments add significant new information regarding environmental impacts to the Draft
EIR consistent with Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5. Specifically,
changes insulting fiom comments made on the Draft EIR do not result in the following:
1. r1 significant new environmental impact drat would result fiom the 2020 General Plan ox an adopted
mitigation measure;
2. A substantial increase in die severity of an environmental impact that is not reduced to a level of less
than significant by adopted mitigation measures;
3. r1 feasible Project alternative ox mitigation measure not adopted that is considerably different fiom oth-
ers analyzed in die Draft EIR that would deafly lessen the significant environmental impacts of the
2020 General Plan; ox
4. Information that indicates that die public was deprived of a meaningful opportunity to review and
comment on die Draft EIR.
The Town of Los Gatos' decision-makers have based dxeix recommendation on full appraisal of all viewpoints,
including all comments received up to the date of adoption of these Findings, concerning the environmental im-
pacts identified and analyzed in the EIR.
3.6 These findings ire based upon substantial evidence in the entire record before die Town as described in Section
2.4.
The references to die Draft EIR and Final EIR set foxdi in these findings axe fox ease of reference and axe not
intended to provide an exhaustive list of theevidence relied upon for these findings.
3.7 These Findings reflect dxe Los Gatos Town Council's final recommendation regarding the significance of impacts
of die proposed 2020 General Plan as approved by the Los Gatos Town CouncIl.
Design, Community & Envuonmrnt Town of Los Gatos 2020 Gencx:d Plan
II-7 Findings oFPact and Statement of Ovexuding Considen[ians
3.8 The Los Gatos Town Council certifies that it has independently reviewed and analyzed the Draft EIR and that
the Community Development Department circulated a Draft EIR, which reflected its independent judgment.
3.9 The Los Gatos Town Council cexti&es that the Final EIR xeIlects the independent judgment of The lead agenry,
identified as the Town of Los Gatos Town.
3.10 CEQA defines the term "project" as the whole of an action ox "activity which is being approved and which may
be subject to several discretionary approvals by governmental agencies." Accordingly, the Los Gatos Town
Council has certified the EIR and the Los Gatos Town Council is approving and adopting Findings fox the en-
tirety of the actions described in these Findings and in the EIR as comprising the Project.
It is contemplated that there may be a variety of discxedonaxy actions undertaken by other State and local agen-
cies (who might be referred to as "responsible agencies" under CEQA), concerning the Project, including without
limitation:
0 California Department of Fish and Game (CDFG)
• California Environmental Protection Agency (Cal EPA)
• Federal Emergency Management Agency (FENIA)
• State of California Office of Planning and Reseaxdi (OPR)
• State Department of I-Iealdi, Toxic Substances Control Division (DTSC)
• California Depaztmcnt of 1'xanspoxtation (Caltfans)
• California Regional Watec Quality Control Board (RWQCB)
• Bay Axea ilix Quality Management District (BAAQMD)
• U.S. irmy Corps of Engineers (ACOE)
• U.S. Fish and Wildlife Service (USFWS)
Other agencies, organizations, and/os special interest groups not formally identified as a responsible agency, but
otherwise anticipated to be participants in the local review process fox the 2020 General Plan include:
• Santa Clara Valle}' Water District
• Pacific Gas and Electric Company (PG&E)
• Valley Transportation Authority
• City of San Jose
• City of Saratoga
• City of Campbell
• City of Monte Sereno
Because the Town of Los Gatos is the lead agency fox the Plan, the EIR which the Commmdty Development
Department of the Town of Los Gatos has prepared is intended to be the basis fox compliance with CEQA fox
each of the possible discretionary actions by other state and local agencies to carry out the Plan.
3.11 The Los Gatos Town Council believes that its decision on the Plau is one which must be made after a hearing
required by law at wMch evidence is required and discretion in the determination of facts is vested in the Los Ga-
tos Town Council. As a result, any judicial review of this decision would be governed by Public Resources Code
821168 and Code of Civil Procedure 41094.5. Regardless of the standard of review which is applicable, the Los
Gatos Town Cormcil has considered evidence and arguments presented to the Planning Commission and Com-
munity Development Department of the Town of Los Gatos prior to ox at the public hearvrgs on this matter. In
determining whether the Plan has a significant impact on the environment, and in adopting Findings pursuant to
Public Resources Code X21081, the Town has complied with Public Resources Codes X21082.2 and 821081.5.
Design, Community & Environment Town oELos Gatos 2020 General. Plan
II-8 Findings of Pact and Statemeut of Ovcmding Considerations
3.12 The Los Gatos Town CouncIl fords and dedaxes that the 2020 General Plan is expected to have a "lifetime" of
approximately 10 years, beginning when the Plan is implemented and running to the year 2020.
3.13 The Los Gatos Town Council fords and declares that the EIR analyzes the Plan in its full size and extent.
3.14 The EIR analyzed all reasonably foreseeable extensions, expansions ox alterations of the Plan. The EIR analyzed,
to the extent feasible at this time, the environmental effects of implementation of the 2020 General Plan. The
Los Gatos Town Council hereby fords and declares that at this time there axe no reasonably foreseeable exten-
sions, expansions ox alterations of the Plan which axe not described in the EIR, based on the administrative rec-
ord before the Los Gatos Town Council at the time of its final decision on the Plan.
3.15 Having received, reviewed, and considered the above described information, as well as all other information and
documents in the record, the Los Gatos Town Counc$ hereby conditions the Plan and finds as stated in these
Findings.
3.16 Pursuant to Public Resources Code Section 21081.6 and California Code of Regulations, Title 14, Section 15091,
the Town of Los Gatos is the custodian of the documents and other material that constitute the record of pro-
ceedings upon which the Town's decision is based, and such documents and other material are located at: 'T'own
of Los Gatos Community Development Department, 110 Fast Main Street, Los Gatos, California, 95030.
4.0 FINDINGS REGARDING LES5-THAN-SIGNIFICANT ENVIRONMENTAL IMPACTS
The EIR identified the thresholds of significance utilized to determine the impacts in the various resource categories
discussed below. The EIR fords that there are less-than-significant environmental impacts in the following subject areas:
• desthedcs
• Biological Rcsottices
• Cultural Resources
• Geology, Soils and Seismicity
• Hazardous Materials and Safety
• Hydrology and Water Quality
• Noise
• Population and Housing
• Public Services and Recreation
• Utilities and Infrastxuchue
~11ie Town is not required to adopt mitigation measures ox adopt policies as part of die General Plan for impacts that axe
less than significant.
5.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS
Tlxe EIR sets forth environmental effects of the General Plan drat would be significant and unavoidable. These impacts
cannot be avoided ox reduced to ales-than-significant level even with die adoption of all feasible mitigation measures
proposed in the EIR. In adopting these findings, the Town also adopts a Statement of Oveviding Considerations set-
ting forth the economic, social and other benefits of the proposed Project drat will render these significant effects ac-
ceptable.
5.1 Aix Quality
Design, Community & Environment Town of Los Gatos 2020 Gcncral Ylan
II-9 Fiudurgs of Fact and Statement of Overriding Considerations
5.1.1 Significant and Unavoidable Impact
Impact AO-1: The proposed Draft 2020 General Plan would be inconsistent with applicable clean six plannng
efforts of Bi1i1QEvID, as projected VNfTs that could occur under the proposed Draft 2020 Gen-
eral Plan would increase at a greater rate than population growth.
5.1.2 Mitigation Adopted by the Town
The Draft 2020 General Plan includes extensive goals, policies and actions that would reduce VMT witiain the Town.
These goals, policies and actions would reduce air quality impacts fiom VM'P to the extent feasible, and no additional
mitigation is available.
5.1.3 Facts in Support of Findings
The Draft 2020 General Plan includes extensive goals, policies and actions that aim to reduce vehicle reliance and VMT
within the Town. The goals and policies of the proposed Draft 2020 General Plan wotild encourage local and regional
transit services, improve bicycle and pedestrian networks, provide alternatives to automotive transportation and land use
decisions which would help to reduce the increased rate of VMT as compared to that associated with automotive
transportation only. Goal ENV-8 and associated Policies ENV-8.1 through ENV-8.5 would strive to reduce overall
greenhouse gas emissions to 1990 levels by 2020 by encouraging carpooling and alternative transportation, promoting
local employment opportunities and encouraging the use of non-polluting fuels by including natural gas fueling stations
and electric charging stations. Policy LU-2.1 addresses the reduction of VMTs by encouraging purveyors of goods and
services to be located within walking distance of Town neighborhoods. In addition, Goals TRA-8 and TRr~-9
encourage mass transit and alternative modes of transportation to reduce vehicle reliance. In support of those goals,
Policies TRd-8.1 tluough TRH-8.8 and TRA-9.1 through TRt1-9.6 encourage non-polluting alternatives to travel
including walking, biking, public transit; and encourage the development of mass transportation systems in the Town.
Goal TRd-10, Policies TRi1-10.1 through TRr1-10.6, and ilctions TRA-10.1 through TRA-10.4 and tlction TRd-5.4
specifically address increased levels of biking and walking within the Town.
.ldditionally, Goals VhR-1, VLR-3 and VLR-9 promote the construction of~the Vasona Light Rail and mass transit
facilities and encourage mixed-use development to reditce traffic impacts. ilssociated Policies VLR-1.1 through 1.3,
VL,R-3.2 through VLR-3.5 and VLR-9.1 through VLR-9.3 encourage the construction of the Vasona Light Rail and
encourage mixed use development in the vicinity of the Vasona Light Rail.
However, although the policies and actions identified above would effectively reduce traffic impacts, the projected
growth in vehicle travel could still lead to an increase in regional VMT beyond that anticipated in Bi1~QMD's clean air
planning efforts because BAi~QD~ID's ctutent clean air plan was adopted ten years ago, and any projected growth in-
crease not included in the clean air plan and resulting in more VMTs is by definition considered a significant impact.
Consequendy, although the additional growth in Los Gatos will result in more compact development and improve the
jobs housing ratio, both of which may reduce Vbt'Ps regionally, dtc growth remains defined by the Clean rlix Plan as a
significant impact. The Town cannot mitigate dils impact to a level of insignificance and still meet oilier goals of the
General Plan update, including meeting its housing needs and having swell-balanced community.
5.2 Greenhouse Gas Emissions
5.2.1 Sig~cant and Unavoidable Impacts
Imuact GHG-1: Although goals, policies, and actions in the 2020 General Plan would reduce GHG emissions by
25.5 percent, implementation of the Draft 2020 General Plan would not achieve the 28- to 33-
percent reduction fiom "business as usual" required b}' Assembly Bill 32.
Design, Commuuity & Emkonrnent Town of Los Gatos 2020 General Plan
TT-10 Findings of pact and Statement of Ovecriding Considerations
Imnaet GHG-2: Significant adverse physical impacts from the effects of global climate change hazards would have
an adverse impact on the Town.
5.2.2 Mitigation Adopted by the Town
The Town of Los Gatos shall pxepaxe and implement a Climate Action Plan pursuant to Environment and Sustainability
Element Action ENV-7.1 to direct its community-level GHG emission reduction efforts. As part of the Climate Action
Plan the Town shall pxepaxe a climate change preparedness analysis to address Town adaptation to climate change.
5.2.3 Facts in Support of Findings
Goals, policies and actions contained in the 2020 General Plan axe estimated to reduce GHG emissions by
25.5 percent. Action ENV-7.1 in particular calls fox the preparation and implementation of a Climate Action
Plan. The Climate Action Plan shall be incorporated into the 2020 General Plan and shall be a fiilly enforce-
able document that establishes quantified emissions reductions targets and identifies strategies and measures
the "l own will undertake to reach its taggets. The Climate Action Plan shall also include a climate change
preparedness analysis to address Town adaptation to climate change. Every two years, the Town shall moni-
tor and report on progress toward the emissions reduction targets. The impact is considered to be unavoida-
ble, however, because until the Climate Action Plan is prepared and GHG emission reductions are quantified,
the Town cannot state that GHG emissions can be reduced to a level of insignificance.
Additionally, the impacts of global climate change on a town-wide scale axe speculative at this time. Tlxexefoxe, it would
also be speculative to quantify the reduction of this climate change impact fiom implementation of a Climate Action
Plan and associated climate change preparedness analysis so that adverse physical impacts fiom the effects of global cli-
mate change hazards would remain significant and unavoidable.
5.3 Land Use and Planning, Including Agricultural Resources
5.3.1 Significant and Unavoidable Impact
Imnaet LU-1: Implementation of the 2020 General Plan would result in the conversion of Unique Farmland to non-
agxiculmxal use. The Draft 2020 Genera] Plan calls fax development under the North Forty Specific
Plan Overlay that wotdd be incompatible with continued agxiculnual use of the property.
5.3.2 Mitigation Adopted by the Town
Since development is incompatible with continued agriculture on the site, dxexe axe no feasible mitigation measures to
reduce dais impact.
5.3.3 Facts in Suppox[ of Findings
Development on this site is critical to helping the Town meet its Regional Housing Needs Allocation
(RHNA) and meeting other objectives of the 2020 General Plan, including maintaining a balance of uses,
supporting an active business community, reducing greenhouse gas emissions, and providing housing. The
2020 Gcnexal Plan calls fox development in the North Forty Specific Plan area, which is an area designated as
Unique Farmland; therefore, the 2020 General Plan would convert at least some Unique Farmland to a non-
agricultural use. The impact is considered unavoidable because the Town cannot provide sufficient housing
Design, Community & Euvuonment '1'owo of Los Gatos 2020 General Plau
II-11 rindings of Fact anti Statement of Overriding Considerations
sites to meet its fair share of the Regional Housing Needs unless the North Forty site is designated fox hous-
ing.
5.4 Transportation and Circulation
5.4.1 Significant and Unavoidable Impact
Impact TRA-1: With the implementation of the roadway and intersection improvements identified in the 2020 Gen-
eral Plan in the Transportation Element, transportation impacts would be fully mitigated. However,
because there axe cuuend}' no dedicated funding sources identified fox the improvements, it cannot
be concluded that the improvements will be funded and completed at the time they are needed for
mitigation to the Town level-of-service operational standard.
5.4.2 Mitigation Adopted by the Town
The Town shall create a dedicated funding source fox implementation of transportation improvements identified in the
Plan.
5.4.3 Facts in Support of Findings
The 2020 General Plan includes a number of policies to address future impacts to the capacity of the roadway system.
Goal TRA-1 and Policy TRr1-1.1 requires that development not exceed transportation capacity and to develop transpor-
tation systems that meet current and future needs of residents and businesses. Policy TRr1-3.3 calls fox an evaluation of
all new developments to ensum that they are in compliance with the Town's LOS intersection policy; Policy TRA-3.4
states that new projects shall not cause azi intersection at LOS of Level rl, B, ox C to drop more than one level and an
intersection at L OS of D or below to drop at all; and Policy TR?,-3.5 states that if a new project causes an interseclion
LOS to drop more than one level from Level A, B, ox C ox to drop at all from Level D or below, the project shall miti-
gate txaf&c so that the LOS will remain at an acceptable level.
In addition, ilction "I121 -3.1 will implement the local roadwa}' improvements listed the Transportation Element of the
2020 General Plan in the Capital Improvements Pxogxam (GIP). With the implementation of these improvements, no
intersections will operate below the acceptable level of LOS D. A dedicated funding source for transportation im-
provements worild ensnxe that improvements axe completed at the time they am needed to mitigate the capacity of the
existing circulation system. The impact is considered to be unavoidable, however, because until dedicated funding
sources have been adopted fox the improvements, the Town cannot state that all intersections will operate at LOS D ox
below after implementation of the 2020 General Plan.
6.0 FINDINGS RELATED TO CUMULATIVE IMPACTS
CEQt1 Guidelines require consideration of the potential cumulative impacts that could result from a proposed project in
conjunction with other projects in the vicinity. Such impacts can occur when two ox more individual effects create a
considerable environmental impact ox compound other environmental consequences. In the case of a town-wide plan-
ning document such as the Town of Los~Gatos 2020 General Plan, cumulative effects are effects that combine impacts
from implementation of the Plan in the Town with effects of development in other portions of the region.
The cumrilative impacts of a General Plan take into account potential impacts ox growth projections in combination
with impacts from projected growth in other cities ox counties in the region. The cumulative impact analysis examines
cumulative effects of the proposed General Plan, in combaiation with development in cities adjacent to Los Gatos.
Several jurisdictions and agencies were consulted as part of this analysis to identify current growth, where most intensive
Design, Community & Environment Town of Los Gatos 2020 General Plan
II-12 Findings oFFact and Statement of Overriding Considerations
growth was occurring within respective jurisdictions, and whether a substantial increase nx the amount of growth was
expected in the foreseeable future. The jurisdictions consulted include the following:
• County of Santa Clara
• City of Campbell
• City of Monte Sexeno
• City of Saratoga
• City of San Jose
No significant cumulative impacts were found in the EIR.
7.0 FINDINGS REGARDING MONITORING OF MITIGATION MEASURES
Mitigation is provided for 3 significant impacts in the 2020 General Plan EIR. A Mitigation Monitoring and Reporting
Plan has been prepared for the 2020 Gcnexal Plan.
S.0 FINDINGS REGARDING ALTERNATIVES
CEQr1 Guidelines Section 15126.6 requires a discussion of a reasonable range of alternatives to the project ox to the
location of the project However, an EIR need not consider an alternative whose implementation is remote ox specula-
tive. i1n EIR is requited to describe and comparatively evaluate a range of reasonable alternatives to a project, ox loca-
tion of the project, that would feasibly attain most of the basic objectives of the project but would avoid ox substantially
lessen any of the significant effects of the project Thus, the range of alternatives evaluated in the Draft EIR was dictat-
ed by CEQA Guidelines and by the range of significant impacts identified in the Draft EIR and evaluated alternatives
were limited to those that theoretically could have reduced or eliminated identified environmental impacts.
its discussed in the Draft EIR, all impacts would be less than significant, except fox impacts to air quality, greenhouse
gas emissions, land use and planning, and transportation and circulation, which would remain significanT and unavoida-
ble. Accordingly, rivo alternatives, in addition to the inquired No Project illtcmative, were considered and evaluated in
Chapter 5 of the Draft EIR, and a summary of their potential advantages and disadvantages is provided in Table 5-2 of
the Draft EIR.
The Draft EIR discussed the following alternatives in deta$:
:1. Alternative 1: Existing General Plan Alternative (also cefexred to as die No Project Alternative);
B. Alternative 2: Medium-Density Residential Alternative; and
C. illtexnative 3: Commercial Alternative.
Each of these alternatives was evaluated under the same environmental categories as presented fox the proposed project
and as identified in Chapter 4 of the Draft EIR.
Based on the comparison of the relative merits of each alternative compared to the 2020 General Plan, each of die alter-
natives was found to be deficient in meeting the Town's goals and objectives.
The 2020 General Plan objectives ate to ensure that Los Gatos:
• Is afull-service community that is also environmentally sensitive.
• Maintains the small town character of the Town.
Design, Community & Euvuonment Town of Los Gatos 2020 General Plan
II-13 Findings of Pact and Statement of Overriding Considerations
• Maintains a balanced, well-designed mix of residential, conunexual, service and open space uses, fostering a pedes-
trian-oriented community consistent with a small town character.
• Maintains and expands existing park and open space land to maintain and enhance quality of life and promote sus-
tainability, ox the long-term well-being of the environment and community.
• Nleets the changing needs of the Town's youth and senior populations.
• Supports an active business community that provides a wide variety of goods and services and a broad range of em-
ployment opportunities, minimizing the need to travel to other communities.
• Provides awell-xaatr, efficient municipal government that is fiscally healthy with high levels of public safety, recrea-
tional, art and cultural amenities and that is committed to high quality of life.
• Promotes a sustainable and environmentally conscience community through conservation of resources, reduction of
greenhouse gas emissions, and smart-growth practices.
• Provides housing that meets the needs of a diverse community.
Based on the comparative evaluation contained in the Draft EIR, the proposed 2020 General Plan would reduce the
magnitude of the most impacts and would be the environmentally superior alternative.
8.1 Alternative 1: Existing General Plan Alternative (No Project Alternative)
8.1.1 Description of Alternative 1
The No Project Alternative assumes that no updated General Plan ox updated IIousing Element would be adopted and
that development would continue to occur as allowed under the existing 2000 Town of Los Gatos General Plan. The
potential housing sites identified in the Dtaft 2007-2014 Housing Element would not receive an Affordable Housing
Overlay Zone (AHOZ) designation and would retain the existing land use and zoning designation. The North Poxty
area would also retain ifs Mixed-Use Commercial (IrNC) designation, which would result in significandy more
nonresidential development in the North Forty area.
In relation to the proposed Draft 2020 General Plan and Draft 2007-2014 Housing Element, the existing General Plan
would allow approximately 540 fewer dwelling units; about 1,280 fewer people; 128,460 more square feet of
retail/service uses; 543,330 more square feet of of&ce uses; no change in industual uses; and zhout 2,100 more jobs at
the horizon buildout in 2020.
8.1.2 Rejection of Alternative 1
Chapter 5, Section A.2 of the Draft EIR contains an analysis comparing the potential impacts of the 2020 General Plan
to the No Project Alternative. As summarized below, the No Project Alternative woxild represent an overall substantial
deterioration in comparison to the 2020 General Plan because it would worsen impacts to all environmental categories
except geology and soils and hazards and hazardous materials, for which impacts worild be equivalent to those found
under the 2020 General Plan, as identified in the llraft EIR.
"I1ie No Project Alternative would result in a greater amocmt of nonresidential development as compared to the 2020
General Plan, mostly in the North Forty area. The 2020 General Plan would not include a North Forty Specific Plan
Oveflay designation and therefore would not set parameters for development vx the North Forty Area. Additionally, the
substantial amount of nonresidential development woiild xestilt in more vehicle trips and vehicle miles traveled. More
vehicle trips would lead to increased traffic noise levels, impacts on circulation, fuxdxex deterioration in air quality from
mobile source emissions, and greater greenhouse gas emissions as compued to the 2020 General Plan.
Design, Community & 1nnvrronment Town of Los Gatos 2020 General Plan
II-14 l'~indings of Pact and Statement of Overriding Considerations
Development under the No Project Altematve would create ajobs/housing imbalance, increasing the jobs-to-housing
ratio to 1.8 as compared to 1.6 under the 2020 General Plan. An optimum jobs/housing balance is typically between 1
and 1.5 fox a community. Because the No Project Alternative would not identify the housing sites in the Draft 2007-
2014 Housing Element nor apply the AHOZ to these sites, this Alternative would not meet the Regional Housing
Needs Assessment (RHNA) assigned to the Town by the Association of Bay Area Governments (ABAG). Thexefoxe,
the overall jobs/housing imbalance and the inability to meet the RHNA would lead to a deterioration with respect to
population, housing and employment under the No Project Alternative.
Nonresidential uses typically xegtrv:e more impervious surfaces then residential uses require, thereby potentially
increasing the amount of stoxmwatex nuroff and increasing the impact on water quality as a result of greater
nonresidential development under the No Project Alternative compared to the 2020 General Plan. The No Project
Alternative would also result in greater impacts to utilities and infiastmctuxe because of the increase in nonresidential
development.
The No Project Alternative would have retained the Hillside Residential designation on certain parcels that axe
inconsistent with the Midpenirtsula Regional Open Space District's designations. Some of these parcels retaining the
Hillside Residential designation wotdd he inconsistent with Williamson Act contracts by allowing residential
development that could create conflicts with continuing agricultural uses on tltesc parcels.
17te No Project rlltemative would not include the same level of comprehensive policy direction in areas including
aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, hydrology and water quality, and
utilities and infxastructtue.
Thexefoxe, dtc Town rejects Alternative 1, the No Project Altemadve.
8.2 Alternative 2: Medium Density Residential Alternative
8.2.1 Description of Alternative 2
Under the Medium Density Residential Alternative, the housing sites identified in the Draft 2007-2014 Housing Element
would also be designated fox housing, but at a density of 12 dwelling units (DU) per acre instead of 20 DU per acre. In
order to meet the Town's RHNA, additional tmdcmtilized sites along Blossom Hill Road and north of IBghway- 85
would also be designated fox medium density ]rousing (12 DU per acre). The North Forty Specific Plan Overlay Desig-
nation would be indtided as part of this alternative. However, the potential development parameters of the North Forty
Specific Plan Overlay Designation would be redefined to allow fox less residential and non-residential development in
dte North Forty area. _
Overall, the Medium Density Residential Alternative would provide fox approximately 190 fewer new xesidendal.tuuts
and about 440 fewer people than the 2020 General Plan. This alternative also includes 278,460 more square feet of xe-
tad/service uses, 56,670 fewer squam feet of office uses and no change in industrial uses, which would result in approx-
imately 430 additional jobs. The goals, policies and actions contained in the proposed Draft 2020 General Plan would
apply tmdex this alternative as well.
8.2.2 Rejection of Alternative 2
Chapter 5, Section B.2 of the Draft LIR contains an analysis comparing the potential impacts of the 2020 General Plan
to the Medium Density Residential Alternative. As summarized below, the Medium Density Residential Alternative
would represent an overall substantial deterioration in comparison to the 2020 Guteral Plan because it would worsen
impacts to the following environmental categories as identified in the Draft EIR: air quality, greenhouse gas emissions,
Design, Community & Envixomnrnt Town of T~ns Gatos 2020 Gcncra] Plan
TT-l5 Pindvtgs of Fact and Statement of Overriding Considerations
hydrology and water quality, noise, and transportation and circulation. 1,11 other environmental categories would have an
equivalent impact as found under the 2020 General Plan except regarding public services and recreation, fox which the
Medium Density Residential Alternative would be an insubstantial improvement as compared to the 2020 General Plan.
More nonresidential development under the Medium Density Residential Altemative would result in more vehicle trips
and vehicle miles traveled. Residential development would be of a lower density than that of the 2020 General Plan, and
this development would be spread throughout the Town. Tlis lower density, spread-out development would fuxdxer
increase vehicle miles traveled. The increase in vehicle trips and vehicle miles traveled would result in more mobile
source emissions, and therefore a greater amount of greenhouse gas emissions, as compared to the 2020 General Plan.
More vehicle trips world also result in increased traffic noise levels and increased impacts to circulation.
Nloxe nonresidenial development would also result in more impervious sw:faces, since nonresidential uses typically
require more impervious surfaces than residential uses. More impervious surfaces would potentially result in more
stormwatex runoff and therefore increase the impact on water quality as compared to the 2020 General Plan.
The Medium Density Residential Altematve would hrclude the same level of comprehensive policy direction as found
under the 2020 General Plan. However, even with this same level of policy direction, the Medium Density Residential
Altemaive would be an overall substantial deterioration as compared to the 2020 General Plan fox the impacts
described above.
Therefore, the Town rejects Altcmatve 2, the Medium Density Residential Altemative.
8.3 Alternative 3: Commercial Alternative
8.3.1 Description of Alternative 3
Under the Commucial Alternative, the Draft 2007-2014 Housing Element potential housing sites located along Los -
Gatos I3oulevazd would be designated fox non-residential development instead of residential development. In order to
meet the Town's RHNA, other undemtilized sites located dhtoughout the Town would be designated fox housing at 20
DU per acre. The North Forty Specific Plan Overlay Designation would be included as part of this alternative. Howev-
er, the potential development parameters of the North Fory Specific Plan Overlay Designation would be redefined to
allow fox less residential development and more nonresidential development in the North Fory area.
Overall, the Commercial Alternative would generate the second most non-residential development and job growth after
the Existing General Plan Alternative. The Commercial Alternative would provide for approximately 570 fewer new
residential units and about 1,340 fewer residents compared to the proposed Draft 2020 General Plan. This alternative
would also include 49,790 additional square feet of retail/service uses, 523,000 additional square feet of office uses and
no change in industrial uses, which would result in approximately 1,860 additional jobs. The goals, policies and actions
contained in the proposed Draft 2020 General Plan would apply under dis alternative.
8.3.2 Rejection of Alternative 3
Chapter 5, Section C.2 of the Draft EIR contains an analysis comparing the potential impacts of the 2020 Genera] Plan
to the Commercial Alternative. As summarized below, the Commercial illtexnaive would represent an overall
substantial deterioration vi comparison to the 2020 General Plan because it would worsen impacts to the Following
environmental categories as identified in dre Draft EIR: air quality; greenhouse gas emissions; hydrology and water
quality; noise; population, housing and employment; and transportation and circulation. All other environmental
categories would have an equivalent impact as found under the 2020 General Plan except regarding Prtblic Services and
Recreation, which would be the only insubstantial improvement as compared to the 2020 General Plan.
Design, Community & Environment Town of Los Gatos 2020 General Plan
R-16 Findings of Pact and Statemeut of Overriding Considerations
The additional nonresidential development under the Commercial illtemative would result in a greater amount of
vehicle trips and vehicle miles traveled as compared to the 2020 General Plan. The increase in mobile source emissions
would lead to a deterioration in air quality and 9n increase in greenhouse gas emissions. The increase in vehicle hips
would also result in increased traffic noise levels and impacts on circulation.
More nonresidential development would also result in more impervious surfaces, since nonresidential uses typically
require more impervious surfaces than residential uses. More impervious surfaces would potentially result in more
stoxmwatex rwroff and therefore increase the impact on water quality as compared to the 2020 General Plan.
Development under the Commercial illternative would also create ajobs/housing imbalance, increasing the jobs-to-
housing ratio to 1.8 as compared to 1.6 under the 2020 General Plan. The optimum jobs/housing balance is typically
between 1 and 1.5 fox a community.
The Commercial ~1ltemative would include the same level of comprehensive policy direction as found under the 2020
General Plan. However, even with this same level of policy direction, the Commercial illtemative would be an overall
substantial deterioration as compared to the 2020 General Plan fox the impacts described above.
Therefore, the Town rejects .\ltexnadve 3, the Commercial tlltemative.
9.0 GROWTH INDUCING IMPACTS
Chapter 6, Section A of the Draft EIR presents the growth-induchrg impacts that can be anticipated from adoption and
implementation of the 2020 General Plan. Section 15126(d) of the CEQd Guidelines requires that an EIR address the
growth-inducing impacts of the proposed action. Not all growth inducement is necessarily negative. Negative impacts
associated with growth inducement occur only where the projected growth would cause adverse environmental impacts.
According to the CEQ~1 Guidelines, the ELR should discuss the ways in which the proposed project could foster eco-
nomic or population growth, ox the construction of additional housing, either directly or indrxectl}S ~ dre surrounding
environment, including projects whch would remove obstacles to population growth. Direct growth-vrducing impacts
are geneeally associated with providing urban services to an undeveloped area. Providing urban services to a site, and the
subsequent development, can serve to induce other landowners it the vicinity to convert their property to urban uses.
Indirect, ox secondary growth-inducing impacts, consist of growth hrduced in the region by additional demands for
housing, goods, and services assouated with the population increase caused by, ox attracted to, a new project.
Rl Direct Impacts
17re 2020 General Plan would directly induce population, employment and economic growth by allowing fox intensified
development witiain some areas of the Town. Under buildout conditions in 2020, the 2020 General Plan wortld allow
the following development based on the expected growth assumptions for the Los Gatos area:
• Approximately 1,600 additional residential units to be added to the 12,130 residential units estimated to exist in
2008.
• Approximately 3,790 new residents in addition to the existing 2008 population within the Town lirnit. 'Phis wortld
result in a town population of 32,600 in 2020.
~ Approximately 2,660 new jobs to be added to the 18,820 jobs estimated to exist in 2008.
~• Approximately 943,210 square feet of commercial development to be added to the approximately 4.1 million square
feet existing in 2008.
Design, Community & Environment Town of Los Gatos 2020 General Plan
II-77 Findings of Fact and Statement of Overriding Considerations
State law requires the Town to promote the production of housing to meet its fair share of the regional housing needs
distdbudon made by ~1BAG. The housing and employment growth in Los Gatos would generally have beneficial effects
by allowing the Town to address its regional fail-share housing obligations.
In addition, the type of growth envisioned by the 2020 General Plan would be concentrated in specific, designated areas.
New development would be pedestrian-friendly, use land efficiently and promote transportation alternatives. Housing
near the Vasona Light Rail would be encouraged, as would mixed-use development. Housing would also be allowed in
the North Forty area. The growdr envisioned under the 2020 General Plan would result in local and regional benefits by
promoting land use pattems that reduce automobIle dependence and support regional transit systems, which could re-
duce greenhouse gases, air quality, noise and traffic impacts associated with population growth and non-residential de-
velopment, as well as making services more efficient to provide and reduce pressure on developing open space.
9.2 Indirect Impacts
The 2020 General Plan encourages new growth in the iubanized areas of Los Gatos. Development in these areas would
consist of infill development on the remaining vacant sites ox redevelopment of underutilized sites. Roadway and infra-
structure are present fox these areas, and all projects would be required to comply with the Town's standards fox public
services and utilities.
9.3 Findings Regarding Growth Inducing Impacts
9.3.1 Direct Impacts
Because housing and employment growth under the 2020 General Plan would allow the Town to accommodate its re-
gional fair-share housing obligations and because growth envisioned under the 2020 General Plan is focused on efficient,
pedesh~ian-fiendly land use pattems that reduce automobile dependence, the growth-inducing effects of implementation
of the 2020 General Plan would be beneficial to the Town and stuxounding areas.
9.3.2 Indirect Impacts
Since the roadway and infiastructuxe to serve tlils development axe largely in place, and since new projects would be
required to comply with the Town's standards fox public services and utilities, secondary growth-inducing effects do not
represent a significant environmental impact.
Design, Community & Environment Town of Los Gatos 2020 Gencxal Plan
II-18 Findings of Pact and Statement of twexxidv~g Considerations
SECTION II
THE TOWN OF LOS GATOS GENERAL PLAN EIR
STATEMENT OF OVERRIDING CONSIDERATIONS
1.0 STATEMENT OF OVERRIDING CONSIDERATIONS
1.1 Introduction
In detexnaining whether to adopt the 2020 General Plan, CEQ~1 Guidelines Section 15093 requires a public agency to
balance the benefits of a project against its unavoidable environmental risks. In accordance with Public Resoarces Code
Section 21081 (b) and CEQi1 Guidelines Section 15093, the Town Cowicil has, in determining whether ox not to adopt
the 2020 General Plan, balanced the economic, social, tedmological, academic, and other benefits of the Plan against its
unavoidable environmental effects, and has found that the benefits of the Plan ouriveigh the significant adverse envi-
ronmental effects that are not mitigated to less-than-significant levels, fox the reasons set forth below. This statement of
overriding considerations is based on the Los Gatos Town Council's review of the Draft EIR and Final EIR and other
information in the administrative record. The Los Gatos'I'own Council finds that each of the following benefits is an
overriding consideration, independent of the other benefits, that warrants approval of the 2020 General Plan notwith-
standiogthe Plan's significant unavoidable impacts.
By incorporating policies intended to avoid environmental impacts and by steering development to within existing ur-
banized areas, the 2020 General Plan is largely self-mitigating. Rather than mitigating impacts from implementation of
the 2020 Gcncxal Plan duough mitigation measures in the EIR, die policies and land use map in the 2020 General Plan
ue intended to prevent the majority of environmental impacts altogether. Implementation of the 2020 General Plan has
die potential to generate five significant environmental project impacts and no significant cumulative impacts.
Significant and Unavoidable Project Impacts:
• dQ-]
• GHG-1
• GHG-2
• LU-1
• "11L~-1
The Town recognizes drat the 2020 General Plan will cause the five significant and unavoidable hnpacts as listed above.
The Town has carefiilly balanced die benefits of the proposed General Plan against the unavoidable adverse impacts
identified in the Draft EIR, Final ETR and die Town's Findings of Fact. Notwithstanding the disclosure of impacts
identified as significant and which have not been eliminated to a level of insignificance, the Town, acting pursuant to
Section 15093 of the CF Qr1 Guidelines, hereby determines that the benefits of 2020 General Plan outweigh the. signifi-
cantunmitigated adverse impacts.
1.2 Specific Findings
1.2.1 Project Benefits Outweigh Unavoidable Impacts
The remaining significant and unavoidable impacts of die 2020 General Plan axe acceptable in light of the economic,
fiscal, social, planning, land use and other considerations set forth herein because the benefits of the proposed General
Plan outweigh the significant and unavoidable adverse environmental impacts of die proposed project.
1.2.2 Balance of Competing Goals
Design, Community & Environment Town of Los' Gatos 2020 General Plaa
II-1 rindings of Pact and Statement of Oveaiding Considerations
The Town fords it imperative to balance competing goals in adopting the 2020 General Plan and the environmental
documentation fox the 2020 General Plan. Not every policy ox environmental concern has been fully satisfied because
of the need to satisfy competing concerns to a certain extent. ilccoxdingly, in some instances the Town has chosen to
accept certain environmental impacts because to eliminate them would unduly compromise important economic, social,
ox odtex goals. The Town finds and determines that the text of the 2020 General Plan and the supporting environmen-
tal documentation provide fox a positive balance of the competing goals and that the economic, fiscal, social, planning,
land use, and other benefits to be obtained by the 2020 General Plan outweigh the environmental and related potential
impacts of the 2020 General Plan.
1.3 Overriding Considerations
Substantial evidence is included in the record of these proceedings and in documents relating to 2020 General demon-
strating the benefits whlch the Town would derive from the implementation of the Plan. The Town has balanced the
economic considerations of the 2020 General Plan against the unavoidable environmental impacts identified in the Draft
EIR and Final EIR and concludes that the economic benefits that will be derived from the implementation of the 2020
General Plan outweigh those environmental impacts. These axe addressed in the Town's Findings of Pact. In particular,
the Town considered whether there would be any impacts related to: aesthetics; agriculture; air quality; biological xe-
souxces; cultural resources; geology, sofls, and mineral resources; hazards and safety; hydrology and water quality; land
use; noise; population and housing; public services and recmation; transportation and circulation; utilities; and green-
house gas emissions. Upon balancing the environmental risks and countervailing benefits, the Town concludes that the
benefits which the Town will derive from the implementation of the 2020 General Plan ouhveigh those environmental
risks.
Mom paxdculaxly, the 2020 Gcnexal Plan will provide fox the orderly development of residential, mixed use, retail and
office, industrial, and public uses, while maintaining significant areas of open space and public lands. 1~te growth envi-
sioned in the 2020 General Plan would be concenhated in specific, designated areas within the 'Town lhnits, and new
development would use land efficiently and reduce dependence on the automobile. The 2020 General Plan defines a
vision of what the Town desires to be in 10 years, and serves as a comprehensive gtnde fox decisions about land use,
housing, water resources, circulation, conservation and open space, health and safety, community services, and public
facilities and services. The Town finds that this level of comprehensive planning is desirable and beneficial to the Town
and provides a more environmentally sustainable vision and development plan for the Town than the previously adopt-
ed General Plan. Fox example, the proposed General Plan includes a new Environment and Sostainability Element as
well as new policies duoughout the General Plan that support the Town's goal of being a more sustainable community.
17tese policies aim to reduce vehicle trips, promote alternative transportation modes, conserve energy, conserve water
resources, and reduce greenhouse gas emissions.
The adoption of the 2020 General Plan wotild provide the Town with a "constitution" fax land use and development
that would guide the town's growth over the next 10 years in a manner drat aligns with the goals of the Town of Las
Gatos and its residents. The 2020 General Plan would also create a vaziety of housing types that would allow die Town
Co meet its fair share housing mquirements as allocated by die tissociation of Bay ~}xea Governments (ABdG).
The Town finds that the above described benefits which will be derived fiom adopting the proposed General Plan,
when weighed against die absence of die Gcnexal Plan, override the significant and unavoidable environmental impacts
of dte Plan.
1.4 Incorporation by Reference
The EIR is hereby incorporated into these findings in its entimty. Widtout limitation, this incorporation is intended to
elaborate on the scope and namxe of mitigation meastues, die basis fox determitvng the significance of impacts, the
Design, Community & 1?nvuorunent Town of Los Gatos 2020 General Plan
II-2 Findings of Pact and Statement of Oveuiding Considerations
comparative analysis of alternatives, and the reasons fox approving the Project in spite of the potential fox associated
signi&cant unavoidable adverse impacts.
1.5 Record of Proceedings
Various documents and other materials constitute the record of proceedings upon which the Los Gatos Town Council
bases its findings and decisions contained herein. The record of proceedings is located at the Commwrity Development
Department of the Town of Los Gatos, 110 East Main Street, Los Gatos, California, 95030. The custodian fox the xec-
oxd of proceedings is the Town of Los Gatos. This information is provided in compliance with Public Resottxces Code
section 21081.6(x)(2) and CEQA Guidelines, C 15091(e).
1.6 Summary
Based on the foregoing findings and the information contained in the Record, the Los Gatos Town CouncIl has made
one ox more of the following findings with respect to each of the significant environmental effects of the 2020 General
Plan:
1) Changes ox alterations have been required in, ox incorporated into, the 2020 General Plan which mitigate ox
avoid the significant effects on the environment.
2) Those changes ox alterations axe within the responsibility and jurisdiction of another public agency and have
been, or can and should be, adopted by that other agency.
3) Specific economic, legal, social, technological, or other considerations, including considerations fox die provi-
sion of employment opportunities fax higldy trained workers, make infeasible die mitigation measures ox alter-
natives identified in the environmeuta] impact report.
Based on dre foregoing findings and the information contained in die record, it is determined that:
1) 1111 significant effects on the environment due to the approval of die project have been eliminated ox substan-
tially lessened where feasible.
2) tlny remaining significant effects on the environment found to be unavoidable axe acceptable due to die factors
described in die Statement of Overriding Considerations in subsection C, above, and die Town finds that die
proposed General Plan should be approved.
Desibm, CommnruTy & Environment 'town of Los Gatos 2l)20 General Plan
-II-3 Findins~rs of Fact and Statement of Overriding Considerations