Item 2 - N40 Amended Map Tract
PREPARED BY: Lisa Petersen
Assistant Public Works Director/Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2019 ITEM NO: 2
DATE: September 12, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving Amended Tract Map 10441 (North 40 Phase 1)
and Accepting the Dedications
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving amended Tract Map 10441 (North 40 Phase 1)
and accepting the dedications
BACKGROUND:
Following a Santa Clara County Superior Court decision on June 9, 2017, the Town Council
reconsidered the Phase 1 Architecture and Site and Subdivision application for the North Forty
project during the Council’s July 24, 2017 Council meeting. At this meeting, the Council
continued the matter to the August 1, 2017 Council meeting with direction to staff to provide
additional information. On August 1, 2017, the Town Council approved the Phase 1 application
for the project.
On September 18, 2018, the Town Council approved the Final Map for Tract Number 10441
(North 40 Phase 1), accepting the right of way dedications along the project’s Lark Avenue
frontage as well as various easements within the development area.
DISCUSSION:
The developer, SummerHill N40 LLC, is required to dedicate property for public service
easements, public access easements, and emergency vehicle access easements within the
North Forty development. These property dedications and easements were shown on the final
PAGE 2 OF 2 SUBJECT: Adopt a Resolution Approving Amended Tract Map 10441 (North 40 Phase 1) and Accepting the Dedications DATE: September 12, 2019
DISCUSSION (continued):
tract map approved by the Council on September 18, 2018. During the Engineering Division’s
review of the developer’s construction drawings, it was determined that a small portion of the
internal public paths extended beyond the easement boundaries. These public paths must be
placed within a dedicated public access easement.
The developer, SummerHill N40 LLC, has filed an Amended Final Map for Tract Number 10441
to rectify this situation and dedicate to the Town the necessary additional public access
easements. The attached amended final map ensures that all internal multi-use paths fall
within easements dedicated to the Town to allow for the public’s use and enjoyment of these
bicyclist- and pedestrian-friendly features.
CONCLUSION:
Staff recommends that Council adopt a resolution approving the amended final map and
accepting the dedications for Amended Tract Map 10441 (North 40 Phase 1).
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development
Department.
FISCAL IMPACT:
There is no fiscal impact for the Town as the dedication of additional public access easements
involves private property. 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.
Attachments:
1. Resolution Approving Amended Tract Map 10441 (North 40 Phase 1) and Accepting the
Dedications.
2. Amended Final Map for Tract No. 10441 (North 40 Phase 1).
ATTACHMENT 1
RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING AMENDED TRACT MAP 10441 AND ACCEPTING THE DEDICATIONS
WHEREAS, on August 1, 2017, the Town Council of the Town of Los Gatos approved the
Vesting Tentative Map Application M-13-014, with conditions; and
WHEREAS, on September 18, 2018, the Town Council of the Town of Los Gatos approved
the Final Map of Tract No. 10441 (North 40 Phase 1); and
WHEREAS, the developer, SummerHill N40 LLC, is required to dedicate property for public
service easements, public access easements, and emergency vehicle access easements within the
North Forty Development and these were shown on the final tract map approved by the Town
Council on September 18, 2018; and
WHEREAS, the final placement of the internal public multi-use path extended beyond
these easement boundaries; and
WHEREAS, the developer has amended the final map to dedicate to the Town the
necessary additional public access easements;
NOW, THEREFORE, BE IT RESOLVED that the certain Amended Tract Map 10441 in the
Town of Los Gatos, dated July 2019, and prepared by MacKay & Somps Civil Engineers, Inc., for
approval by the Town Engineer of the Town of Los Gatos, is hereby approved; all offers of land
for public use therein made on said map are hereby accepted, in substantial conformance to the
Conditions of approval as set forth above and subject to final Town Attorney approval.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day of
September 2019, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 2