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ATTACHMENT 2
ORDINANCE 2017-
AN INTERIM URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS ESTABLISHING A TEMPORARY MORATORIUM PROHIBITING THE
PROCESSING AND ISSUANCE OF FUTURE LAND USE DEVELOPMENT ENTITLEMENTS
WITHIN THE NORTH 40 SPECIFIC PLAN AREA UNTIL AN UPDATE TO THE NORTH 40
SPECIFIC PLAN HAS BEEN COMPLETED
WHEREAS, on September 6, 2016, Town Council denied the proposed development
applications submitted by Grosvenor USA Limited, SummerHill Homes, and Eden Housing
(Petitioners), contained within in the North 40 Specific Plan area, consisting of 260 residential
condominiums/rowhomes, 10 rental apartments, 49 affordable senior rental units, one
additional unit to be reserved for a moderate-income manager of the senior units, and 66,791
square feet of commercial floor area; and
WHEREAS, On October 6, 2016, the Petitioners filed a lawsuit against the Town
asserting that: (1) the Town of Los Gatos violated the Town’s Housing Element; (2) the Town
violated the State’s Housing Accountability Act; and (3) the Town violated the State Density
Bonus Law; and
WHEREAS, on June 9, 2017, the Santa Clara County Superior Court issued a Decision and
Judgment that states the following:
A. A Writ of mandamus shall issue directing Respondent, Town of Los Gatos, to:
1. Set aside Town of Los Gatos Resolution 2016-046 denying the applications for
Vesting Tentative Map and Architecture and Site;
2. Reconsider Petitioners' applications and the Project under the additional
provisions of Government Code §65589.5, and specifically subsection (j);
3. If, in the course of reconsideration, Respondent determines to again deny the
applications and Project, Respondent shall determine whether the Project
complies with applicable, objective general plan and zoning standards and
criteria.
Draft Ordinance: subject to
modification by Town
Council based on
deliberations and direction
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a. If Respondent determines that the Project does not so comply, Respondent
shall specify the applicable, objective criteria which the Project failed to
comply.
b. If Respondent determines that the Project does so comply, then Respondent
shall make written findings, supported by substantial evidence on the record,
that (1) the project would have a specific, adverse impact upon the public
health or safety unless the project is disapproved, and (2) there is no feasible
method to satisfactorily mitigate or avoid that specifically identified adverse
impact other than the disapproval of Petitioners' applications.
B. The Town's findings in "1. a to c and 1. e to h" of Resolution 2016 -046 are supported
by substantial evidence.
C. Approval of the proposed project shall require compli ance with the applicable
provisions of the Map Act and Housing Affordability Act.
WHEREAS, On August 1, 2017, in accordance with the Decision and Judgment, the Town
Council set aside the denial of the project (Resolution 2017-44) and thereafter approved the
project (Resolution 2017-45); and
WHEREAS, the Decision and Judgment by the Court has made it apparent that the Town
of Los Gatos should evaluate the effectiveness of the North 40 Specific Plan. For example, the
Court held that:
1. There is no specific allocation requirement in the Specific Plan.
2. The Town’s finding that the proposed project overly concentrates all of the
residential units on the southern portion of the North 40 Specific Plan area and finds
the allocation excessively disproportionate and inconsistent with the Specific Plan is
a discretionary determination of a subjective policy.
3. The Town’s finding that the proposed project is inconsistent with the North 40
Specific Plan Section requirements for lower intensity residential uses in the Lark
District is a discretionary determination of a subjective policy in the Specific Plan.
4. The Town’s finding that buildings 18 through 27 are inconsistent with the Lark
District is a discretionary determination of inconsistency with a subjective policy.
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5. The Town’s finding that buildings 24 and 25 are inconsistent with the Specific Plan as
it eliminates a fourth access point off of Los Gatos Boulevard is not a requirement
and there is no objective factor or subjective goal or vision which a fourth access is
material.
6. The Town’s finding that the project is inconsistent with North 40 Specific Plan as it
does not address unmet housing needs for seniors and Gen Y is a discretionary
determination of a subjective policy.
7. The Town’s finding that the project is inconsistent with the Residential Unit Size Mix
and should have smaller units to come closer to the income distribution of
affordable housing identified in the Town's Housing Element is neither a
requirement nor objective standard, but rather, an example how the North 40 site
could assist the Town to meet affordable housing needs of the community.
WHEREAS, there is approximately 20 acres in the northern portion of the North 40
Specific Plan area that has not been entitled following the approval of the development
applications submitted by the Petitioners; and
WHEREAS, the remaining development capacity in the northern portion of the North 40
Specific Plan area is up to 33 residential units and up to approximately 368,000 square feet
(333,000 square feet if no hotel or office uses are proposed) of commercial uses; and
WHEREAS, the Town intends to study, within a reasonable time, the adequacy of the
Specific Plan and the Town Council, and the residents of Los Gatos require a reasonable, yet
sufficient period of time to consider and study legally appropriate and reasonable policies
regulating the further development in the North 40 Specific Plan; and
WHEREAS, given the time required to undertake adequate study and planning, the
Town Council finds that this Ordinance is necessary to prevent new development that might
conflict with the Town’s contemplated new North 40 Specific Plan policies, zoning regulations,
or design standards, as well as possible amendments to the Specific Plan; and
WHEREAS, the Town Council has the authority to adopt an interim ordinance pursuant
to Government Code Section 65858(b) and finds that there is a current and immediate threat to
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the public health, safety, and welfare presented by potential new development in the Specific
Plan Area caused by the Court’s Decision and Judgment; and
WHEREAS, the processing and issuance of entitlements for development within the
North 40 Specific Plan area could result in new development that conflicts with potential
changes to the North 40 Specific Plan and such approvals could undermine the orderly
development of property within the Town, resulting in a reduction of the quality, caliber , and
aesthetics of the development of such property within the North 40 Specific Plan area and may
threaten the public health, safety, and welfare in that they could alter, in a radical and
fundamental manner, the current way of life for the Town’s residents; and
WHEREAS, in order to ensure sufficient time for staff to undertake the comprehensive
planning required to revise the North 40 Specific Plan in response to the Court’s decision, it will
be necessary to temporarily suspend the processing and granting of land use entitlements in
the North 40 Specific Plan area; and
WHEREAS, Government Code Sections 65858, 36934, and 36937 expressly authorize the
Town Council to adopt an urgency ordinance prohibiting any uses which may be in conflict with
the contemplated zoning ordinance which the legislative body of the Town is considering or
studying or intends to study within a reasonable time.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, DOES ORDAIN
AS FOLLOWS:
SECTION 1. The Town Council of the Town of Los Gatos finds that the above recitals
are true and correct.
SECTION 2. From and after the date of this Interim Urgency Ordinance, neither the
Town Council, Planning Commission, nor the Community Development Department shall
process or approve any land use development entitlements in the North 40 Specific Plan Area
pending completion of the updates to the North 40 Specific Plan.
SECTION 3. This Interim Urgency Ordinance shall not apply to any application within
the North 40 Area where such application has been submitted to Town Staff prior to the
effective date of this Interim Urgency Ordinance and said application has a vested right by law.
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SECTION 4. This Interim Urgency Ordinance is enacted pursuant to the authority
conferred upon the Town Council of the Town of Los Gatos by Government Code Sections
65858, 36934, and 36937, and shall be in full force and effect immediately upon its adoption by
a four-fifths (4/5) vote of the Town Council as if and to the same extent that such Ordinance
had been adopted pursuant to each of the individual sections set forth hereinabove.
SECTION 5. In adopting this Interim Urgency Ordinance, the Town Council finds and
determines that each of the recitals contained in this Interim Urgency Ordinance are true and
correct, and that the adoption of this Interim Urgency Ordinance is necess ary to protect the
public safety, health, and welfare, as those terms are defined in Government Code Section
65858(a).
SECTION 6. Adoption of this Interim Urgency Ordinance is exempt from further
environmental review under the California Environmental Quality Act (California Public
Resources Code §§ 21000, et seq., “CEQA”) and the CEQA Guidelines (14 California Code of
Regulations §§ 15000, et seq.) because it establishes rules and procedures for minor alterations
in land use. This Interim Urgency Ordinance, therefore, is categorically exempt from further
CEQA review under the CEQA Guidelines §15305. This Interim Urgency Ordinance does not
authorize any new construction or development entitlements. Any proposed project that will
utilize the changes set forth in this Interim Urgency Ordinance will be subject to CEQA review as
part of the entitlement review of the project. The Interim Urgency Ordinance will not adversely
impact the environment and is therefore exempt from the provisions of CEQA.
SECTION 7. This Interim Urgency Ordinance shall be of no further force or effect forty-
five (45) days from and after the date of its adoption, unless the same is extended pursuant to
the authority conferred upon the Town Council by Government Code Section 65858(a). Not
later than ten (10) days prior to the expiration of this Interim Urgency Ordinance, the Town
Council shall issue a written report describing the measures taken to alleviate the condition
that has led to the adoption of this Interim Urgency Ordinance.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this Interim
Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the remaining
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portions of this Interim Urgency Ordinance. The Town Council hereby declares that it would
have passed this Interim Urgency Ordinance, and each and every section, subsection, sentence,
clause, and phrase thereof not declared invalid or unconstitutional without regard to whether
any portion of the Interim Urgency Ordinance would be subsequently declared invalid or
unconstitutional.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular public
meeting held on the 15th day of August 2017 on a motion of _______________________,
seconded by ______________________________, and on the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA