Addendum B
PREPARED BY: ROBERT SCHULTZ
Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, 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: 08/01/2017
ITEM NO: 16
ADDENDUM B
DATE: JULY 31, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-13-090 AND VESTING
TENTATIVE MAP APPLICATION M-13-014. PROPERTY LOCATION:
SOUTHERLY PORTION OF THE NORTH 40 SPECIFIC PLAN AREA, LARK
AVENUE TO SOUTH OF NODDIN AVENUE. APPLICANT: GROSVENOR USA
LIMITED. PROPERTY OWNERS: YUKI FARMS, ETPH LP, GROSVENOR USA
LIMITED, SUMMERHILL N40 LLC, ELIZABETH K. DODSON, AND WILLIAM
HIRSCHMAN.
CONSIDER A REQUEST FOR THE CONSTRUCTION OF A NEW MULTI-USE,
MULTI-STORY DEVELOPMENT CONSISTING OF 320 RESIDENTIAL UNITS,
WHICH INCLUDES 50 AFFORDABLE SENIOR UNITS; APPROXIMATELY
66,800 SQUARE FEET OF COMMERCIAL FLOOR AREA, WHICH INCLUDES A
MARKET HALL; ON-SITE AND OFF-SITE IMPROVEMENTS; AND A VESTING
TENTATIVE MAP. APNS: 424-07-024 THROUGH 027, 031 THROUGH 037,
070, 083 THROUGH 086, 090, AND 100.
THE PUBLIC HEARING IS BEING HELD PURSUANT TO A COURT ORDER
DIRECTING THE TOWN COUNCIL TO SET ASIDE THE DENIAL OF THE
NORTH FORTY DEVELOPMENT APPLICATIONS AND RECONSIDER THE
APPLICATIONS UNDER THE PROVISIONS OF GOVERNMENT CODE
§65589.5(J) KNOWN AS THE HOUSING ACCOUNTABILITY ACT.
REMARKS:
Attachment 19 contains public comments received after distribution of the Staff Report and
Addendum.
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SUBJECT: NORTH 40
DATE: JULY 31, 2017
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REMARKS (Continued):
Staff has received a number of questions from Council Members. The following are questions
received, followed by staff responses in bold italic font:
1. Can additional Conditions of Approval be added?
Conditions of Approval, in general, may be placed on a project in order for the project
to be in conformance with applicable State, Federal , or local regulations. These may
include regulations enforced by many different agencies and departments.
For the North 40 project, the Housing Accountability Act requires all Conditions of
Approval to be based upon written objective standards. For example, air filters or
other mitigation measures that goes beyond the EIR mitigation measures, or beyond
County or State law, would need to be agreed to by the developers unless the Town
can establish that there is a written objective standard to require such a condition.
2. Should bollards be required at the raised area for the temporary bus stop on the east
side of Los Gatos Boulevard?
Parks and Public Works (PPW) works directly with the Valley Transportation Authority
(VTA) when designing and installing bus stops. VTA requires final approval of all bus
stop designs and monitors bus stop construction during the installation
process. Specific VTA design standards are required for a bus stop design. VTA’s Bus
Stop and Passenger Facilities Standard Details for bus stop configurations does no t
show the installation of bollards at bus stops and therefore bollards would not be
installed for the bus stops on Los Gatos Boulevard. PPW will work with VTA to install
bus stops on Los Gatos Boulevard near the North Forty project that meet all required
design and safety standards, as is done with all bus stop installations throughout the
Town.
U-turns will be allowed at Neighborhood Street from southbound Los Gatos
Boulevard. The U-turn would meet current design and safety standards and will not
impact the bus stops on Los Gatos Boulevard.
3. Is maintenance of the multi-modal path and adjacent landscaping required?
Condition 140 of Attachment 18 (same as Exhibit B within Attachment 12) requires a
Landscape Maintenance Agreement in which the Developer agrees to maintain the
vegetated areas along the project’s Los Gatos Boulevard and Lark Avenue frontages
located within the public right-of-way. The maintenance for the portions adjacent to
the multi-modal path on private property will be addressed in the required CC&Rs.
PAGE 3 OF 3
SUBJECT: NORTH 40
DATE: JULY 31, 2017
S:\COUNCIL REPORTS\2017\08-01-17\North 40\AddendumB.docx
Attachments previously received with July 20, 2017 Staff Report:
1. Draft Resolution to rescind Resolution 2016-046 (Exhibit A contains Resolution 2016-046)
2. Decision and Judgement
3. Housing Accountability Act
4. Recommended Conditions of Approval
5. Applicants’ rationale for Density Bonus and BMP modifications
6. Public Comment received before 11:00 a.m. July 19, 2017
Attachments previously received with July 20, 2017 Addendum:
7. Public Comment received between 11:01 a.m. July 19, 2017 and 11:00 a.m. July 20, 2017
Attachments previously received with July 21, 2017 Addendum B:
8. Public Comment received between 11:01 a.m. July 20, 2017 and 11:00 a.m. July 21, 2017
Attachments previously received with July 24, 2017 Desk Item:
9. Public Comment received between 11:01 a.m. July 21, 2017 and 11:00 a.m. July 24, 2017
Attachments previously received with the July 27, 2017 Staff Report:
10. Revised Draft Resolution to rescind Resolution 2016-046 (Exhibit A contains Resolution
2016-046)
11. Draft Resolution to deny the applications
12. Draft Resolution to approve the applications (includes Exhibit A, Findings and Exhibit B,
Conditions of Approval)
13. Response to August 16, 2016 Council meeting from the applicant (Attachment 32 from Desk
Item G for the 9/1/16 Council meeting), received August 25, 2016 (includes Exhibits A-G)
14. Chapter 2.6 of Government Code Section 65088
15. Legislative history of SB 167
16. Public Comment received between 11:01 a.m. July 24, 2017 and 11:00 a.m. July 27 , 2017
Attachments previously received with the July 28, 2017 Addendum:
17. Public Comment received between 11:01 a.m. July 27, 2017 and 11:00 a.m. July 28, 2017
(includes public comments that were inadvertently not included in the staff report that was
distributed yesterday)
18. Proposed modifications to the Conditions of Approval from the Mayor
Attachments received with this Addendum B:
19. Public Comment received between 11:01 a.m. July 28, 2017 and 11:00 a.m. July 31, 2017