Addendum
PREPARED BY : JOEL PAULSON
Community Development Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 40 8 -354 -68 32
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 0 8 /15 /2018
ITEM NO: 1
ADDENDUM
D ATE : AUGUST 14 , 2018
TO : MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: CONSIDER POTENTIAL AMENDMENTS TO THE NORTH 40 SPECIFIC PLAN .
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, 102 THROUGH 112, 424 -06 -115, 116, AND 129.
PROPERTY OWNERS: YUKI FARMS, ETPH LP, GROSVENOR USA LIMITED,
SUMMERHILL N40 LLC, DODSON, HIRSCHMAN, MATTES, VENTURA
TRUSTEE, MOISENCO, LOS GATOS MEDICAL OFFICE CENTER LLC, LOS
GATOS GATEWAY LLC, MBK ENTERPRISE, CONNELL, GIN, JOHN & ALLISON
DIEP LLC, BERNAL, LG BOULEVARD HOLDINGS LLC, POLARIS NAVIGATION,
EW REAL ESTATE LLC, LAZAAR ENTE RPRISES LLC, KOTHARY, AND
SWENSON TRUSTEE. APPLICANT: TOWN OF LOS GATOS
REMARKS :
The following questions received from a Council Member are outlined below a nd followed by
staff’s response .
If amendments are adopted at this meeting when will they apply to developments?
The Town Council cannot adopt amendments at this meeting. At this meeting, staff is
requesting specific direction for potential amendments that are agreed upon by the
majority of the Town Council. Staff would then bring forward a resolu tion with all of the
proposed amendments for Council consideration at a subsequent regular Town Council
meeting.
Applicability to future developments would depend on the scope of the amendments
that are adopted. For example, if the amendments that are ad opted do not require a
General Plan amendment then the amendments would be effective 30 days thereafter .
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REMARKS (Continued):
However, if the amendments require a General Plan amendment then the amendments
would not be in effect until 30 days after the General P lan amendment is approved. A
General Plan amendment application would be reviewed by the Planning Commission
who would forward a recommendation for consideration and final action by the Town
Council.
What are the quantities of open space required by the current Specific Plan ?
The current Specific Plan requires 30 percent open space for each development. A
minimum of 20 percent must be green open space. The current Specific Plan also
requires that 20 percent of the 30 percent required open space to be publicly accessible.
Approximately 19.34 (842,450 square feet) acres of the Specific Plan area remain for
future development. Given the requirements above approximately 5.8 acres (252,648
square feet) are required to be open space, appro ximately 3.87 acres (168,577 square
feet) are required to be green open space , and approximately 3.87 acres (168,577
square feet) are required to be publicly accessible.
Please explain when and how density bonus applies.
Information regardin g density bonus law is included in Attachment 43 .
What are the sizes of Plaza Park and Balzer Field?
Plaza Park is approximately 25,000 square feet or 0 .57 acres. Balzer Field is
approximately 50,000 square feet or 1.15 acres.
How many housing units are available under the current Specific Plan and
Environmental Impact Report?
The current Specific Plan allows 270 units. 33 housing units (not including density bonus
units if requested) are available under the current Specific Plan. If a project come s in
that does not remove all of the existing units on the balance of the Specific Plan area
then the 33 units would be reduced by the number of existing units that remain. There
are approximately 16 existing housing units on the remaining portion of the N orth 40
Specific Plan area.
The environmentally superior alternative in the Environmental Impact Report included
455 housing units. If 455 units are determined to be appropriate then 218 housing units
would be available (not including density bonus units if requested).
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REMARKS (Continued):
What would establish the parameters for negotiation of a development agreement?
California’s Planning Zoning Law authorizes cities/towns to enter into development
agreements and establishes general rules governing development agreements.
(Government Code §§ 65864 -65869.5). One of those rules requires a city/town to
establish procedu res and requirements for consideration of development agreement
applications if requested by an applicant. To date, the T own has not received a request
to establish development agreement procedures. Nonetheless, it would be prudent for
the Town Council t o adopt the procedures and requirements for consideration of
development agreements in case anyone within the North 40 or elsewhere requests the
Town to establish such procedures and requirements . Having a set of procedures will
provide applicants, T,own staff, the Planning Commission and City Council with a clearly
defined process to follow, and will provide greater transparency and understanding for
the public of the development agreement application review process. Such procedures
and requirements may be adopted by ordinance or resolution and typically include the
following:
· A statement of purpose/findings /public benefits of DAs ;
· Application requirements;
· Notice and hearing procedures;
· Planning commission and governing body review;
· Recordati on;
· Amendment and termination; and
· Periodic review
Would C ouncil be providing input during the negotiations via C losed S essions?
Confidentiality through C losed S ession is difficult in the context of development
agreement negotiations because the Brown Act does not generally allow an exception
for public agency negotiators on development agreements to receive direction from the
governing body. There may be aspects of a development agreement —for example, the
price and terms of payment for acquisition of property —that can be discussed in C losed
S ession. However, only those issues may be discussed in C losed S ession —not the
development agreement in general.
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REMAR KS (Continued):
Who would negotiate on behalf of the T own?
Senior staff typically negotiates development agreements. The Town Manager should
be involved because she knows the community, understands the desires of the
legislative body and can gauge the a greement’s value to the community. The CDD
Director is typically on the negotiating team because of his or her planning background.
While the Town Manager may focus on financial benefits to the community, the CCD
Director will be concerned with the impact of the project on land use issues, including
its compatibility with surrounding land uses. Engineering or P ublic W orks staff should
be includ ed if infrastructure issues are involved. Finally, the Town Attorney and possibly
outside legal counsel should be in on the negotiating team as legal issues will
undoubtedly arise during negotiations.
Public Comments received between 11:01 a.m., Friday , August 10, 2018 to 11:00 a.m., Tuesday ,
August 14, 2018 can be found in Attachment 4 4 .
Attachment s previously received with October 3, 2017 Study Session Report :
1. Town Council Suggestions for Potential Amendments to the adopted North 40 Specific Plan
2. December 15 , 2016 Planning Commissi on Staff Report (with Exhibits 1 -8 )
3. December 1 5 , 2016 Planning Commission Addendum Report (with Exhibit 9 )
4. December 15 , 2016 Planning Commission Desk Item Report (with Exhibit 10 )
5. December 15 , 2016 Planning Commission Ver batim Minutes (131 pages)
6. January 26, 2017 Planning Commis sion Staff Report (with Exhibit 11 )
7. January 2 6 , 2017 Planning Commis sion Addendum Report (with Exhibit 12 )
8. January 26, 2017 Planning Commis sion Desk Item Report (with Exhibit 13 )
9. January 26, 2017 Planning Commission Verbatim Minutes (115 pages)
10. Public Comments received 11:01 a.m. Wednesday, May 10, 2017 to 11:00 a.m., Thursday,
September 28 , 2017
11. Potential amendments based on GPC and PC discuss ions (including Exhibit A )
A ttachments previously re ceived with October 3, 2017 Desk Item Report :
12. Public Comments received 11:01 a.m. Thursday, September 28, 2017 to 11:00 a.m.,
Tuesday, October 3, 2017
Attachments previously received with November 14, 2017 Special Meeting Report :
13. North 40 Hotel Site Assessment
14. Public Comments received 11:01 a.m. T uesday , October 3 , 2017 to 11:00 a.m., Friday,
November 10 , 2017
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Attachments previously received with the January 16, 2018 Staff Report :
15. Required Findings
16 . Resolution (including Exhibit A)
17 . North 40 Traffic Scenarios
18. November 14, 2017 Town Council Meeting Minutes
19. Public Comments received 11:01 a.m., Friday, November 10 , 2017 to 11:00 a.m., Thursday,
January 10, 2018
Attachments previously received with the Addendum Report :
20. Public Comment s received 11:01 a.m., Thursday, January 11, 2018 to 11:00 a.m., Friday,
January 12, 2018
Attachments previously received with the Desk Item Report :
21. Public Comment s received 11:01 a.m., Friday, January 12, 2018 to 11:00 a.m., Tuesday
January 16, 2018
Attachments previously received with t he February 6, 2018 Staff Report :
2 2 . Public Comment s received 11:01 a.m., Tuesday, January 16, 2018 to 11:00 a.m., Thursday
February 1, 2018
Attachments previously received with the Addendum Report :
23. Public Comments received 11:01 a.m., Thursday, February 1, 2018 to 11:00 a.m., Monday,
February 5, 2018
Attachments previously received with the February 6, 2018 Desk Item Report :
24. Public Comments received 11:01 a.m., Monday, February 5, 2018 to 11:00 a.m., T uesday,
February 6, 2018
Attachments previously received with the March 6, 2018 Desk Item Report :
25. Required Findings (Previously received as Attachment 15 with the January 16, 2018 Staff
Report)
26. Resolution with Exhibit A (Previously received as Att achment 16 with the January 16, 2018
Staff Report)
Attachments previously received with the June 5, 2018 Staff Report :
27. Revised Resolution (including r evised Exhibit A )
28. City of Los Altos - Exceptions for Public Benefit Excerpt (one page)
29 . City of Mountain View - San Antonio Precise Plan Excerpt (seven pages)
30 . City of Mountain View - North Bayshore Precise Plan Excerpt (three pages)
31 . City of Mountain View - El Camino Real Precise Plan Excerpt (four pages)
32 . City of Mountain View - Resolut ion for Public Benefits Minimum Value for El Camino Precise
Plan (two pages)
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33 . Culver City - Resolution Establishing the Community Benefit Incentive Program (seven
pages)
34 . City of Glendale - Incentives and Bonuses Chapter of Downtown Specific Plan (si x pages)
35. Greenbelt Alliance – Public Benefit Bonus Policy Brief (15 pages)
36 . Public Comments received between 11:01 a.m., T uesday , February 6, 2018 to 11:00 a.m.
Thursday , May 31, 2018
Attachments previously received with the August 7, 2018 Staff Re port :
37. Letter from Grosvenor Americas regarding requested Specific Plan amendments with the
conceptual site plan , received July 31, 2018 (17 pages)
38. W hite paper prepared by the Institute for Local Self Government entitled Development
Agreement Manual
Attachments previously received with the August 6, 2018 Addendum Report :
3 9 . Slides from Grosvenor Americas for a presentation to Los Gatos Democracy Tent on August
2, 2018 (17 pages)
40 . Public Comments received between 11:01 a.m., T hursday , August 2 , 2018 to 11:00 a.m.,
Monday , August 6, 2018
Attachments previously received with the August 7, 2018 Desk Item Report :
41. Public Comments received between 11:01 a.m., Monday , August 6, 2018 to 11:00 a.m.,
Tuesday , August 7, 2018
Attachments previously received with the August 15, 2018 Staff Report :
42. Public Comments received between 11:01 a.m., Monday , August 7, 2018 to 11:00 a.m.,
Friday , August 10, 2018
Attachments received with this Addendum Report :
43 . Guide to the California Density Bonus Law
44 . Public Comments received between 11:01 a.m., Friday , August 10, 2018 to 11:00 a.m.,
Tuesday , August 14, 2018