Staff Report
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/18/2018
ITEM NO: 5
DATE: SEPTEMBER 7, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR TRACT NUMBER
10441 (NORTH 40 PHASE 1) ACCEPTING THE DEDICATIONS, AND
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT, THE LANDSCAPE
MAINTENANCE AGREEMENT, THE GRANT OF PUBLIC STORM DRAINAGE
CONVEYANCE EASEMENT AGREEMENT, AND THE AGREEMENT FOR
PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving the final map for Tract Number 10441 (North 40
Phase 1) (Attachment 2), accepting the dedications, and authorizing the Town Manager to
execute the Subdivision Improvement Agreement (Attachment 3), the Landscape Maintenance
Agreement (Attachment 4), the Grant of Public Storm Drainage Conveyance Agreement
(Attachment 5), and the Agreement for Private Improvements in the Public Right of Way
(Attachment 6).
BACKGROUND:
On September 6, 2016, the Town Council denied the Phase 1 Architecture and Site and
Subdivision applications.
On October 6, 2016, the Applicants filed a lawsuit against the Town regarding the denial of the
Phase 1 applications.
On June 9, 2017, the Santa Clara County Superior Court issued a Decision and Judgment against
the Town. The Decision and Judgment directed the Town to set aside Town Resolution 2016-
046 denying the Vesting Tentative Map and Architecture and Site applications and to
PAGE 2 OF 4
SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR TRACT NUMBER
10441 (NORTH 40 PHASE 1) ACCEPTING THE DEDICATIONS, AND
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT, THE LANDSCAPE
MAINTENANCE AGREEMENT, THE GRANT OF PUBLIC STORM DRAINAGE
CONVEYANCE EASEMENT AGREEMENT, AND THE AGREEMENT FOR
PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY
SEPTEMBER 7, 2018
S:\COUNCIL REPORTS\2018\09-18-18\N40\Staff Report.FINAL.docx 9/13/2018 5:26 PM
BACKGROUND (cont’d):
reconsider the Project under the provisions of Government Code §65589.5(j) known as the
Housing Accountability Act (HAA).
The Town Council reconsidered the Phase 1 applications pursuant to the Decision and
Judgement on July 24, 2017 and continued the matter to the August 1, 2017 meeting with
direction to provide additional information. On August 1, 2017, the Town Council approved the
Phase 1 applications.
The developer, SummerHill N40 L.L.C., has filed the Final Map for Tract Number 10441 to
subdivide and create 111 new parcels, dedicate to the Town the required public right of way
along the project’s Lark Avenue frontage, and provision of various easements. Acceptance of
the dedications will allow for this.
DISCUSSION:
The parcel map subdivides 23 existing parcels, spanning an area of approximately 20.7 acres,
into 111 separate parcels for multi-family residential units, senior housing, commercial space,
market hall, open space, private streets, and areas of future deve lopment. The developer has
provided all necessary maps and drawings, the required agreements, contracts, bonds, and
liability insurance to guarantee the construction of all improvements. The developer has paid
the appropriate fees to fully comply with the previously imposed development conditions and
Town ordinances.
The developer is also required to dedicate fee title property to the Town to provide additional
public right of way along the project’s Lark Avenue frontage, as well as property for public
service easements, public access easements, and emergency vehicle access easements within
the development itself. Easement dedications are in varying length, widths, and size and are all
shown on the attached map.
The agreements provided as attachments three through six are necessary to facilitate the
development and meet the requirements of several of the project’s conditions of approval.
These agreements are substantially complete in their attached form and may u ndergo minor
adjustments as deemed necessary by the Town Attorney.
PAGE 3 OF 4
SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR TRACT NUMBER
10441 (NORTH 40 PHASE 1) ACCEPTING THE DEDICATIONS, AND
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT, THE LANDSCAPE
MAINTENANCE AGREEMENT, THE GRANT OF PUBLIC STORM DRAINAGE
CONVEYANCE EASEMENT AGREEMENT, AND THE AGREEMENT FOR
PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY
SEPTEMBER 7, 2018
S:\COUNCIL REPORTS\2018\09-18-18\N40\Staff Report.FINAL.docx 9/13/2018 5:26 PM
CONCLUSION:
Staff recommends that Council adopt a resolution approving the final map, accepting the
dedications, and authorizing the Town Manager to negotiate and execute the above-listed
agreements for Tract Number 10441 (North 40 Phase 1).
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development
Department.
FISCAL IMPACT:
The Town will incur incremental ongoing maintenance costs for the additional public right of
way improvements following acceptance of the project. Since the Town already maintains Lark
Avenue, this incremental cost is expected to be small relative to the cost of maintaining the
existing right of way. As noted above, the developer will enter into an agreement as required
by the project’s conditions of approval to maintain the proposed vegetated areas within the
Town right of way, thus reducing the Town’s maintenance costs. Infrastructure within the
project, including roadways, landscaping, etc., will be maintained privately.
ENVIRONMENTAL ASSESSMENT:
As part of the Specific Plan preparation process, the Town also prepared and circulated an
Environmental Impact Report (EIR) that analyzed the potential environmental consequences of
the Specific Plan, in accordance with the California Environmental Quality Act (CEQA). The EIR
can be found at the following link: www.losgatosca.gov/DocumentCenter/Index/413. The
Town Council certified the Final EIR on June 17, 2015.
PAGE 4 OF 4
SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR TRACT NUMBER
10441 (NORTH 40 PHASE 1) ACCEPTING THE DEDICATIONS, AND
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT, THE LANDSCAPE
MAINTENANCE AGREEMENT, THE GRANT OF PUBLIC STORM DRAINAGE
CONVEYANCE EASEMENT AGREEMENT, AND THE AGREEMENT FOR
PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY
SEPTEMBER 7, 2018
S:\COUNCIL REPORTS\2018\09-18-18\N40\Staff Report.FINAL.docx 9/13/2018 5:26 PM
Attachments:
1. Resolution.
2. Final Map for Tract No. 10441 (North 40 Phase 1).
3. Subdivision Improvement Agreement.
4. Landscape Maintenance Agreement.
5. Grant of Public Storm Drainage Conveyance Agreement.
6. Agreement for Private Improvements in the Public Right of Way.
Distribution:
SummerHill N40 L.L.C., 3000 Executive Parkway, Suite 450, San Ramon, CA 94583
Harmonie Park Development Company, 221 Bachman Avenue, Los Gatos, CA 95030