North Forty Specific Plan, General Plan AmendmentMEETING DATE: 02/03/15
ITEM NO: /_
COUNCIL AGENDA REPORT (J
DATE: JANUARY 28, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
ROBERT SCHULTZ, TOWN ATTORNEYO
SUBJECT: NORTH FORTY SPECIFIC PLAN GENERAL PLAN AMENDMENT GP -14-
001 ZONING CODE AMENDMENT Z -14 -001 AND ENVIRONMENTAL
IMPACT REPORT EIR -10 -002. PROJECT LOCATION: THE PLAN AREA
COMPRISES APPROXIMATELY 44 ACRES LOCATED AT THE
NORTHERN EXTENT OF THE TOWN OF LOS GATOS BORDERED BY
STATE ROUTE 17 AND STATE ROUTE 85 FREEWAYS TO THE WEST
AND NORTH LOS GATOS BOULEVARD TO THE EAST AND LARK
AVENUE TO THE SOUTH. APN 424 -07 -009 010 024 THROUGH 027 031
THROUGH 037 052 THROUGH 054 060 063 THROUGH 065 070 081
THROUGH 086 090 094 THROUGH 096 099 100 424 -06 -115 116 AND
129. PROPERTY OWNERS: THOMAS & MIYOKO YUKI HERBERT &
BARBARA YUKI ETPH LP WILLIAM MATTES PETER BRUTSCHE
WILLIAM FALES. WILLIAM HIRSCHMAN ELIZABETH DODSON
PATRICIA CONNELL HANS MATTES TAK PETROLEUM DEWEY
VENTURA ALEXANDER & BETTY MOISENCO LUCY DAGOSTINO
A. CONSIDER ADOPTION OF THE NORTH FORTY SPECIFIC PLAN.
B. CONSIDER ADOPTION OF GENERAL PLAN AMENDMENTS.
C. CONSIDER ADOPTION OF AN ORDINANCE EFFECTING A ZONING
CODE AMENDMENT.
D. ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM, AND ADOPTION OF FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS.
PREPARED BY: LAUREL R. PREVETTI 40d PAU t
Assistant Town Manager/Director of Community Development
Reviewed by: N/A Assistant Town Manager Ahrown Attorney N/A Finance
N: \DEV \TC REPORTS\2015 \N40 TC 2- 3- 15.doc Reformatted: 5/30/02
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
January 28, 2015
REMARKS:
On December 16, 2014, the Town Council heard public testimony, closed the public comment
portion of the public hearing, and certified the Environmental Impact Report (EIR) for the
proposed draft North 40 Specific Plan. The Council may now discuss and consider the draft
Specific Plan. The certification of the EIR does not obligate the Council to any particular policy
action with respect to the draft Specific Plan.
The draft Specific Plan would guide future development in the 44 -acre North 40 area. In its
consideration of the Specific Plan, the Council may work through the policy issues in one of
several ways. One option is for the Council to discuss and decide the large policy issues followed
by the more detailed issues. For example, the Council may wish to consider:
• Whether a Specific Plan remains the correct approach and tool for the North 40, as raised
by a Council Member for possible discussion
• The vision statement for the Specific Plan (contained on page 1 -1 of the proposed Draft
Specific Plan contained in Attachment 3)
• The mix of residential, commercial, and other land uses
• The amount, density/intensity, and location of each land use
• Measures to protect Downtown Los Gatos through square footage (see Attachment 24) or
Conditional Use Permit requirements (see Attachment 41)
• The transportation network
• Building heights
• Phasing
• Schools
Alternatively, the Council may wish to work through the issues raised by the Planning
Commission as a framework for discussion and consideration. Attachment 46 contains updated
responses to the Planning Commission's recommendations based on the work completed last fall
in advance of the EIR certification.
Once the Council has discussed the potential changes to the proposed draft Specific Plan, staff
will advise the Council on the implications for the Findings of Fact and Statement of Overriding
Considerations, if needed, and for the Mitigation Monitoring and Reporting Program. The EIR
itself would only be affected if the potential modifications increase a potential environmental
impact or cause additional environmental review.
In response to a request from a Council Member, staff has prepared a property ownership map for
the Specific Plan area (see Attachment 47). This may be useful in combination with a diagram
provided by Grosvenor (see Attachment 25).
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
January 28, 2015
PUBLIC CORRESPONDENCE:
Public correspondence received after the distribution of the Desk Item for the December 16, 2014
Council meeting is contained in Attachment 48. As with all correspondence to the Town Council
and/or Planning Commission, staff has not prepared written responses to the issues raised by
members of the public. Staff is available to answer any questions pertaining to the
correspondence.
Additionally, a Council Member requested input from staff regarding a letter submitted by A.
Don Capobres, Linda Mandolini, and Wendi Baker dated July 14, 2014 (see Exhibit 12 of
Attachment 4). The following contains the points made in the letter followed by staff remarks in
italics.
Parking requirements
"Table 2 -4. We request that consideration be given for the nature of senior affordable housing
versus traditional affordable housing especially when it pertains to guest parking. Recognizing
the difference between senior and family affordable housing, we recommend lowering this ratio
to a blended 0.5 per dwelling unit for residents and guests for only senior affordable, but
retaining the 0.5 space plus 0.5 guest for non - senior designated affordable housing."
Table 2 -4 does not currently have distinct parking requirements for senior affordable housing.
This type of use is typically a low parking generator. If the Council determines that this request
is appropriate, Table 2 -4 could be modified to grant this request.
Height measurement
"Paee 2 -26. Section 2.6.6.g., 2.7.4.d., Glossary. Due to the large grading operation that will be
required in order to implement infrastructure and cross - drainage, we request consideration be
given to measuring from finished grade. The property's existing grade along the Los Gatos
Boulevard frontage is as much as 10 feet below the right -of -way, and throughout the property
there are minor variations in topography. Measuring from finished grade provides additional
opportunity for superior architecture and a diversity of roof lines."
The height measurement method in the draft Specific Plan generally mirrors the language
currently in the Town's Zoning Ordinance. The last sentence of Section 2.6.6g. and 2.7.4. d,
allows for alternatives to the height measurement method on sloped lots through a Conditional
Use Permit process. If the Council determines that this does not adequately address the request
then language could be added to the draf Specific Plan. For reference, the Town has only
granted requests for deviations from the Town's height measurement method for a couple of
Planned Development applications.
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001/EIR -10 -002
January 28, 2015
"Page 6 -18 Definition of Story, treatment of podium in Lot Area Coverage on page 3 -22 Section
3.3.2.e and elsewhere, and definition of "cellar" on page 6 -12. Due to the changes in site slope
we request that all references to "basements" and "podium parking" be consistent and that
average measurements be allowed rather than absolute measurements. The six foot average
applied to podiums should be applied to the definition of basements."
The use of cellar and basement are intended to be used for habitable space whereas podium
parking is not considered habitable. If the Council determines that this request is appropriate
then the language can be modified to allow an average of six feet for the "cellar" and "story"
definitions in, the draft Specific Plan.
Residential Open Space
"Page 2 -27, Section 2.7.2. Because the unmet needs buyer desires private open space for their
outdoor entertaining and pets, a diversity of private open space configurations should be offered.
For example, 200 square feet should not include utilitarian areas such as private
walkways/breezeways, but more usable contiguous private open space. Rather than eliminating
this opportunity, private yard space in excess of 200 square feet should be considered through the
use of a conditional use permit to ensure the space is consistent with targeting this unmet need
and considered as a compliment to the diversity of housing types that will be designed to satisfy
Millennial and Move -Down buyer."
Current Zoning Ordinance requirements for private open space state minimum requirements.
The North 40 Advisory Committee included the maximum of 200 square feet of ground floor
private open space to address concerns about large yards that may be desired by groups other
than the unmet needs buyers. If the Council determines that this request is appropriate then
language can be added to the draft Specific Plan to allow consideration of additional open space
through the Architecture and Site process or Conditional Use Permit process.
"Page 3 -24, Section 3.3.4. Loosening of private open space requirements should be considered
for Senior Affordable units, as many of these types of buildings have common open space in lieu
of private open space. Eden Housing has found that a significant issue among elderly residents is
social isolation, and therefore encourages these residents to get out and engaged (sic) with their
neighbors. For this reason, Eden uses their resources to cultivate common space rooftop gardens
and multi-use rooms rather than on private open space development."
If the Council determines that this request is appropriate then language can be added to the draft
Specific Plan for consideration of private open space for senior units through either the
Architecture and Site process or a Conditional Use Permit process.
Lot Area Coverage
"Page 2 -24, Section 2.6. Maximum building coverage is noted to be considered per application
or group of applications for Non- Residential/Mixed Use Development. For consistency, this
should be added in the Residential Standards as well. Much like the Non- Residential/Mixed Use
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001/EIR -10 -002
January 28, 2015
portion of the Project, using a Tentative Map's definition of lots as the requirement for residential
building coverage would not allow the application to meet this 50% requirement. This is
because buildings, roads, parks, and paseos are typically on individual lots on Tentative Maps,
which results in lots with either 0% coverage or near full lot coverage. Adding this language that
coverage would be per application rather than per lot in the residential area would meet the intent
due the challenges of the individual lot Tentative Mapping process."
Staff believes that this is a valid request and is consistent with how projects are evaluated. Staff
recommends that the following language be added to the draft Specific Plan on page 2 -27,
Section 2.7 Residential Development Standards:
Lot Area Coverage. Maximum building coverage of a lot designated for residential use,
including any type of accessory building, is 50 %. This requirement shall be calculated for
each application or group of applications.
Retail Tenant Space
"Page 2 -26. Section 2.6.7. Consistent with the Urban Decay analysis and previous economic
analysis produced by the Town of Los Gatos which identifies larger format retail as an unmet
need, we are requesting that retail tenant size above 50,000 square feet be allowed with a CUP."
Allowing this request would provide an option for a future tenant that may be of interest to the
Town to apply for a Conditional Use Permit rather than a Specific Plan amendment. If the
Council determines that this request is appropriate then language can be added to the draft
Specific Plan to allow this as an option.
Reimbursement Opportunities for Infrastructure
"Page 5 -4. Section 5.3.2., Page 5 -7 Section 5.3.2.b, Page 6-5, Section 6.3.3. Infrastructure costs
for the overall site may be incurred by a primary/master developer. There is no vehicle in the
Specific Plan or EIR for reimbursement or fee credits for the significant infrastructure and offsite
costs that are for public benefit. We recommend language be included that refers to fair share
reimbursement. We have attached some language that other local Specific Plans or Specific Plan
EIRs have integrated as examples."
Staff believes the last two sentences of Section 6.3.3 of the draft Specific Plan address this
request regarding reimbursement for construction of improvements in excess of the required fair
share contribution based on the impacts of the project. The details of these reimbursement
agreements are typically included at the application stage of the process. If the Council
determines that further clarification is appropriate then additional or modified language can be
included in the draft Specific Plan to address this request.
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
January 28, 2015
Attachment (Previously received on April 4, 2014):
1. Draft Environmental Impact Report ( http : / /www.losp-atosca.gov/N40DEIR)
Attachments (Previously received on July 11.2014):
2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program
(ham: / /www.los atg osca.uov/N40FEIR)
3. Public Hearing Draft North Forty Specific Plan (Note: The complete Specific Plan including
appendices is also available online at: http : / /www.losgatosea.RoviN40SP)
Attachments (Previously received on August 22, 2014):
4. Report to the Planning Commission for the meeting of July 23, 2014 (excluding Exhibits 5 &
6)
5. Desk Item Report to the Planning Commission for the meeting of July 23, 2014
6. Desk Item 2 Report to the Planning Commission for the meeting of July 23, 2014
7. Report to the Planning Commission for the meeting of August 13, 2014
8. Desk Item '3 Report to the Planning Commission for the meeting of August 13, 2014
Attachments (Previously received with Staff Report on August 28, 2014):
9. Verbatim minutes from the August 13, 2014 Planning Commission meeting (141 transcribed
pages)
10. Public Comment received through 11:00 a.m. Thursday, August 28, 2014
11. Detailed Planning Commission recommendations on the North Forty Specific Plan from their
August 13, 2014 meeting (six pages)
12. Draft findings (one page)
13. Memorandum from the Town Attorney (four pages)
14. Draft Resolution certifying the Environmental Impact Report (EIR -10 -002), adopting the
Mitigation Monitoring and Reporting Program, and adopting the Findings of Fact and
Statement of Overriding Considerations, including Exhibit A.
15. Draft Resolution for the adoption of the North Forty Specific Plan
16. Draft Resolution adopting General Plan Amendments of the Town's General Plan (GP -14-
001), including Exhibit A.
17. Draft Ordinance effecting a Zoning Code Amendment of the Town Code (Z -14 -001),
including Exhibit A.
18. Planning Commission Recommendations for Text Changes to the North 40 Specific Plan
(four pages)
Attachments (Previously received with Addendum on August 29.2014):
19. Resolution 2010 -091: Resolution of the Town Council of the Town of Los Gatos
Recommending Certification of the Environmental Impact Report and Adoption of the 2020
General Plan (includes Exhibit A)
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001/EIR -10 -002
January 28, 2015
20. Public Comment received from 11:01 a.m. Thursday, August 28, 2014 through 11:00 a.m.
Friday, August 29, 2014
Attachments (Previously received with Desk Item on September 2 2014):
21. Map of the Los Gatos Union School District Boundary and school site options within the
North 40.
22. Letter from the Los Gatos Union School District received Friday, August 29, 2014 after
11:00 a.m.
23. Public Comment received from 11:01 a.m. Friday, August 29, 2014 through 11:00 a.m.
Tuesday, September 2, 2014.
24. Additional Limitations for Commercial (Exhibit 8 from the August 15, 2012 Advisory
Committee meeting.
Attachments (Previously received with September 16 2014 Staff Enort):
25. Grosvenor exhibit displayed at the September 2, 2014 Town Council meeting.
26. Letter from the Los Gatos Union School District, dated September 5, 2014.
27. Public Comment received from 11:01 a.m. Tuesday, September 2, 2014 through 11:00 a.m.
Thursday, September 11, 2014.
28. Fehr & Peers letter dated September 10, 2014.
29. Table of Planning Commission recommendations and proposed responses for Council
consideration.
Attachments (Previously received with September 16 2014 Addendum):
30. Letter from A. Don Capobres, Linda Mandolini, and Wendi Baker dated September 12, 2014
(7 pages)
31. Public Comments received from 11:01 a.m. Thursday, September 11, 2014 through 11:00
a.m. Friday, September 12, 2014
Attachments (Previously received with September 16 2014 Addendum #2):
32. Public Comments received from 11:01 a.m. Friday, September 12, 2014 through 11:00 a.m.
Monday, September 15, 2014
33. Highland Oaks Existing Traffic Calming
Attachment (Previously received with September 16 2014 Desk Item):
34. Public Comment received from 11:0 1 a.m. Monday, September 15, 2014 through 11:00 a.m.
Tuesday, September 16, 2014
Attachment (Previously received with September 16 2014 Desk Item #2):
35. Traffic analysis information
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001/EIR -10 -002
January 28, 2015
Attachments (Previously received with December 16, 2014 Staff Report):
36. Agricultural Resources information
37. Alternative to TIE Traffic Information Analysis by Fehr and Peers ( "Trip Generation Rate
Comparison ")
38. Additional Proposed Projects by Fehr and Peers ( "Additional Future Year Information ")
39. TJKM Peer Review of Fehr and Peers Reports contained in Attachments 37 and 38
40. Draft School District Demographic Study dated October 8, 2014
41. Additional Economic Analysis
42. Revised Findings of Fact and Statement of Overriding Considerations
43. Letter from Superintendent Diane Abbati dated December 8, 2014 with School District
Student Population Projections dated November 3, 2014
44. Public Comment received from 11:01 a.m. Monday, September 16, 2014 through 11:00 a.m.
Thursday, December 11, 2014
Attachments (Previously received with December 16, 2014 Desk Item):
45. Public Comment received from 11:01 a.m. Thursday, December 11, 2014 through 11:00 a.m.
Tuesday, December 16, 2014
Attachments received with this Staff Report:
46. Updated Table of Planning Commission recommendations and proposed responses for
Council consideration
47. North 40 Specific Plan Area Property Ownership Map
48. Public Comment received from 11:01 a.m. Tuesday, December 16, 2014 through 11:00 a.m.
Thursday, January 29, 2015
Distribution
cc: Grosvenor Americas, Attn: Steve O'Connell, 1 California Street, Suite 2500, San Francisco,
CA 94111
Summerhill Homes, Attn: Wendi E. Baker, 3000 Executive Parkway, Suite 450, San Ramon,
CA 94583
LRP:JSP:cg