Item 02 - N40 SP Amendments - Staff Report Exh.5~
EDEN
HOUSING
SUMMER HI LL HOMES -
GROSV ENOR COM MUNITIES Or DISTINCTIO N
November 11 , 2016
Mayor Spector, Vice Mayor Sayoc, and General Plan Committee Members
c/o Mr. Joel Paulson , Community Development Director
Town of Los Gatos Planning Department
110 E. Main St.
Los Gatos, California 95031
Dear Mr. Paulson :
On September 1, 2016, the Town Council denied the application of Grosvenor, SummerHill and
Eden Housing, Inc. (the "Applicants") to develop approximately 20.7 acres ("Phase 1") of the
44-acre North 40 Specific Plan Area with 320 market and senior/affordable residential units and
neighborhood-serving retail stores and restaurants (the "Project"). On October 6, 2016, the
Applicants commenced proceedings in Santa Clara County requesting the court to direct the
Town to comply with the Town's Housing Element, the Housing Accountability Act and State
Density Bonus Law and compel the Town to approve the Project based on its consistency with the
objective requirements of the existing Specific Plan . Therefore, any subsequent amendment to
the Specific Plan will be invalidated and/or superseded to the extent it is in any way inconsistent
with the anticipated court ruling, directing the Town to approve the Project based on the objective
requirements of the existing Specific Plan. The Town therefore shou ld refrain from consider ing or
adopting any amendment to the Specific Plan until the pending litigation regarding the Proj ect is
finally resolved. If, however, the Town insists on prematurely pursuing its consideration of the
proposed amendments to the Specific Plan, Grosvenor, SummerHill, and Eden Housing submit
the following comments:
The Town of Los Gatos General Plan Committee is currently discussing potential mod ificat ions to
the adopted North 40 Specific Plan. Town representatives have stated that the desire is to modify
the Plan withou t triggering the reopening or changing of the existing Ca lifornia Environmental
Quality Act ("CEQA") approval : the Specific Plan's Environmental Impact Report ("EIR"). In
reviewing the Town Council Meeting from September, 2016 and the first General Plan Committee
meeting on October 26, 2016, we bel ieve it is prudent to remind the Committee of the specific
reasons that certain planning decisions were made during the extensive pub lic Specific Plan
approval process. In that effort, we have the following comments for your consideration .
1) Modification of the land uses within the Specific Plan, which is being contemplated by the
General Plan Committee, could significantly impact the Traffic Impact Ana lysis ("TIA")
completed fo r the Specific Plan EIR and require reopening or changing of the existing
CEQA approvals . Pursuant to CEQA Guidelines Sections 15162 and 15163, these
changes will trigger the need for either a subsequent EIR or a supplemental EIR due to the
potential substantial increase in severity of environmental impacts and/or the need f or new
or additional m itigations . In particu lar:
.ATTACHMENT 1
a . The impacts of an additional ingress and egress driveway for commercial use
access between the existing gas station and existing commercial structures on Los
Gatos Boulevard was never studied, including the trip distribution that such a
change would cause. Figure 26 of the TIA is attached which reflects the ingress
and egress locations that the Specific Plan studied. This is attached as Exhibit A.
b. The TIA explains that the baseline for establishing all future intersection "grades"
or impacts were based on the trip distribution that was assigned based on the
existing Specific Plan uses per district, with the majority of the housing (a lower
traffic generating land use) to be located in the Lark District and Transition
Districts. Please see Exhibit B.
Modifying the land uses in the Lark, Transition, and Northern districts changes the
very backbone that the TIA is based on, thereby potentially changing impact
results of each intersection . Most notably, a decrease of housing and increase in
commercial in the Lark and Transition Districts will change the trip distribution and
will have a significant impact on the intersection of Highland Oaks Drive and Lark
Avenue. Therefore, additional traffic analysis would need to be completed that
reflects any proposed land use changes and their resulting impact.
2) In reference to the GPC deliberation on requiring age-restricted (senior) housing, we
submitted comment on February 13, 2015 regarding the legality of any mandatory
requirement for any amount of senior housing. We have included this letter as Exhibit C .
In summary, while senior housing can be incentivized, due to Fair Housing laws, both
State and Federal law dictate that it cannot be a mandatory requirement. In brief:
"Federal and state statutes forbid the Town from enacting or enforcing land-use laws that
operate to make housing "unavailable" based on "familial status.". "Familial status" is
generally defined as a household containing a person under 18 years of age residing with
a parent or guardian. (Gov't Code § 12955. 2.)
In particular:
• The federal Fair Housing Act ("FHA'1 (42 U.S. C.§ 3604(a)) forbids actions
by cities that operate to make housing "unavailable" based on familial
status [and other listed factors].
• The California Fair Employment and Housing Act ("FEHA ") (Gov't Code §
12955(1)) prohibits discrimination through land use practices that make
housing opportunities "unavailable" because of familial status.
• Planning and Zoning Law (Gov't Code § 65008(a)(1)) invalidates any
planning action if it denies the enjoyment of residence to any persons
because of familial status, age, [or other factors]. Section 65008(b)(1)
forbids cities from prohibiting or discriminating against any residential
development because of familial status or age."
3) As noted in our letter dated August 9 , 2016, the Town does not have any legal nexus for
requiring any percentage of open space. We have attached extended comments on this
issue as Exhibit D, but in summary:
2
Exhibit A
Exhibit B
Exhibit C
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GROSV E NOR EDEN
HOUSING
February 13, 2015
Town of Los Gatos
Honorable Mayor Jensen and Council Members
Housing Element Advisory Board
SUMMERHILL HOMEs ·
COMMUNIT I~S Or DISTINCT I ON
c/o Laurel Prevetti , Assistant Town Manager and Community Development D irector
110 E. Main St.
Los Gatos , California 95031
Honorable Mayor Jensen, Council Members, and Housing Element Advisory Board Members:
At the February 3rd, 2015 Town Council Meeting, Council sought direction from Staff and the
Town Attorney to determine what the legal limitations may be for requiring developers on the
North 40 to provide for either an age 55-plus or 62-plus affordable or market rate component
through the North 40 Specific Plan .
This question has arisen on numerous occasions during the Specific Plan process. For our own
clarity, we requested a legal analysis from Goldfarb & Lipman. We have attached their
conclusions for your reference. In brief, while senior housing can be incentivized by a Specific
Plan, requiring such housing types would violate state and federal fair housing laws ..
Although the Town's Specific Plan is still in process, after years of observation and discussion
with the Town , we respect that the Specific Plan emphasizes resident ial design towards the
Town 's unmet housing needs, including places for senior to live. We embrace the Town's vision
in the Specific Plan which allows for the provision of a multi-generational and mixed income
neighborhood. We are anxious to continue working with the Town to implement this vision.
We appreciate your consideration of the attached letter, and are available for any questions
regarding this matter.
Sincerely,
A. Don Capobres
Senior Vice President
Grosvenor
Attac hment: Fair Housing Issues Memo
Linda Mandolini
President
Eden Housing
Wendi Baker
Vice President of Development
SummerHill Homes
9 0 I d far b 1300 Clo y Stre et , Eleventh f lo or
I i p m a n Oakland, Cal ifornia 9 46 12
attorneys 5 1o 83 6 -6 336
M David Kroot February 12 ,2015
Lynn Hu tchi ns
Ko re n M . Tiedema nn
Thomas H. W ebber
Dionne Jac kson Mclean
Mic he lle D. Brewer
Jenn ife r K. Bell
Rober t C. Mills
Is abel L. Brown
James T. Diamond , Jr.
Margaret f . Jung
Hea ther J. G ould
Jul iet E. Cox
William f . DiCamillo
Amy DeVoudreuil
Barba ro E. Kautz
Eri ca Williams Orc hor ton
Lu i s A. Rodriguez
Xoch itl Ca rrion
Rafael Yoq uion
Cel io W . Lee
Vi ncent L. Brown
Hono A . Ha rd y
Coraline Nose llo
Eri c S. Phillips
El iza bet h Kl ue ck
Son f ran cisco
4 15 788 -6336
Los Ange les
2 13 62 7-633 6
Son D iego
6 19 23 9 -6 336
Go l d/orb & Lipma n LL P
To
Don Capobres, Grosvenor Americas
Wendi Baker, SummerHill Homes
From
Barbara E. Kautz
Fair Housing Issues Regarding Planning and Families with Children
Summary
During hearings on the North Forty Specific Plan, public comments have been
made opposing the Town of Los Gatos' (the "Town") approval of housing that
may attract families with school-age children because of school overcrowding. In
particular, proposals have been made that development on the site be limited to
senior housing or to other housing that will not accommodate families with
school-age children.
Both federal and state law prohibit the Town from using its planning and zoning
powers to deny residency to , or make housing unavailable to, or discriminate
against, families with children. Planning or zoning restrictions that are adopted to
discourage families with children from living in the Town , or that prevent
families with children from li v ing in the Town , such as zoning sites to permit
only senior housing or limiting the number of bedrooms in residences , would
deny residency to , make housing unavailable to , and discriminate against
families with children.
Further, a property owner or manager may not select indiv idual tenants or bu yers
on the basis of age unless the housing is des igned as senior housing and the
property is operated consistent with federal and state requirements for senior
housing .
Analysis
A. Zoning for Senior Housin g
Federal and state statute s forbid the Town from enacti ng or enforcing land-use
laws that operate to make housing "unavailable" based on "familial status .".
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February 12 , 2015
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"Familial status" is generally defmed as a household containing a person under
18 years of age residing with a parent or guardian . (Gov't Code§ 12955 .2 .)
In particular:
• The federal Fair Housing Act ("FHA") (42 U .S.C. § 3604(a)) forbids
actions by cities that operate to make housing "unavailable" based on
familial status [and other listed factors].
• The California Fair Employment and Housing Act ("FEHA'') (Gov't Code
§ 12955(/)) prohibits discrimination through land use practices that make
housing opportunities "unavailable" because of familial status.
• Planning and Zoning Law (Gov't Code § 65008(a)(1)) invalidates any
planning action if it denies the enjoyment of residence to any persons
because of familial status, age, [or other factors]. Section 65008(b)(l)
forbids cities from prohibiting or discriminating against any residential
development because of familial status or age.
Town zoning and planning actions taken for the purpose of discouraging the
construction of housing for families with children would violate these federal and
state fair housing laws. Similarly, planning and zoning actions that on their face
prevent occupancy of housing by families with children -even if done without
the intent to exclude families with children -would violate federal and state fair
housing laws . Examples could include allowing only senior housing to be built
on designated sites or limiting the number of bedrooms in homes.
The Senior Housing Exception.
All of the fair housing statutes contain exceptions for senior housing constructed
and designed in conformance with Civ. Code §§ 51.2 -51.4 and similar
provisions of federal law. These sections allow discrimination based on age and
familial status by a "business establishment" if the housing is built and designed
to serve seniors. The California Legislature made some of the requirements for
senior housing in California more stringent than those imposed by the Fair
Housing Act "in recognition of the acute shortage of housing for families with
children in California." (Civ. Code§ 51.4(a).) A developer may propose, and the
Town may approve, a development proposed by a developer for senior housing
but the Town cannot require senior housing to be constructed or designate a site
for senior housing when there is no proposal or intent by a "business
establishment" to construct such housing. There is no exception to this rule for
affordable senior housing.
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February 12, 2015
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As discussed further in the next section, senior housing in compliance with these
provisions must either require all residents to be 62 years of age or older; or
comply with more stringent design standards and require at least one member of
each household to be 55 years of age or older. Housing otherwise cannot have
age limits or be limited to 'adults only,' and managers and brokers cannot
consider age or familial status in selecting tenants and buyers.
Zoning for Senior Housing. Local agency efforts to require housing to be built or
even maintained for seniors have usually been overturned by the courts. For
example:
• Despite an exemption in State law to allow Riverside County to maintain
long-standing senior housing zones , these were found to violate the Fair
Housing Act because the County did not ensure that the housing within
these zones actually complied with the statutory requirements. (Gibson v.
County of Riverside, 181 F. Supp. 2d 1057 (C.D. CaL 2002).) Note also
that the specific exemption in State law for Riverside County's zoning
suggests that similar zoning by other cities and counties would violate
state fair housing laws.
• An ordinance adopted by American Canyon to require a mobilehome
park approved as a senior park to maintain its senior status, rather than
convert to an all-age park, was found to violate the Fair Housing Act
because the park had never, in fact, actually been operated as a senior
park in compliance with state and federal law. (Waterhouse v. Town of
American Canyon, 2011 U .S . Dist. Lexis 60065 (N.D. CaL 2011).)
• A mobilehome park owner who alleged that the City of Fillmore adopted
invalid subdivision conditions for the purpose of preventing the park
from converting from a senior park to an all-age park was found to have
standing to sue the City under the Fair Housing Act. (ElDorado Estates
v. City of Fillmore, 765 F.3d 1118 (9th Cir. 2014).
One ordinance was upheld . The Town of Yucaipa was found to be in compliance
with the Fair Housing Act when it adopted zoning prohibiting existing senior
mobilehome parks, which in fact were being operated as senior parks, from
converting to all-age parks . (Putnam Family Partnership v. Town of Yucaipa,
673 F.3d 920 (9th Cir. 2012).)
The decision was confined to the situation where the parks were already
operating as senior housing. The Court specifically declined to determine if its
decision would be the same if the housing was not already serving seniors . (/d. at
927 n.3) The decision was also based on federal law alone and did not consider
possible violations of State Planning and Zoning law or FEHA. State law does
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February 12,2015
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not have the same language which was relied upon by the Court to uphold
Yucaipa 's ordinance.
The Court also noted that the federal statute included a policy of "preserving"
senior housing and that Yucaipa 's intent appeared to be to preserve existing
senior housing "rather than animus against families with children." (!d. at 931.)
By contrast, in Los Gatos, there has been extensive public comment, testimony
from the School District, and statements by decision-makers indicating that the
Town wishes to discourage families with children from residing in the North
Forty because of school overcrowding. An early draft of the North Forty Specific
Plan stated specifically that, "Residential product types (market rate and
affordable) shall be limited to product types that respond to emerging demands of
the seniors, empt( nesters, and young adult demographics" -all groups unlikely
to have children . If the Town of Los Gatos were to require senior housing on the
North Forty or to adopt other Specific Plan provisions to prevent or discourage
households with children from moving to the North Forty, the record contains
substantial evidence of "animus" against households with children.
Incentives for Senior Housing. State and federal laws recognize that there is a
need for senior housing and provide funding and incentives to encourage senior
housing. For instance, State density bonus law permits all senior housing to
receive a 20 percent density bonus whether or not it is affordable. (Gov't Code§
65915(b)(l)(C), (f)(3).) There does not appear to be a violation of fair housing
laws if zoning incentives are provided for senior housing, in recognition of its
unique characteristics : lower automobile use, less traffic , smaller household size
(rarely more than two persons/household). Other incentives typically provided
may be lower parking requirements and reduced traffic impact fees . A recent
case recognized that there is a statewide priority to develop senior housing, and,
when a developer proposed a senior project, the city's zoning of the site for
higher density was not illegal spot zoning. (Foothill Communities Coalition v.
County of Orange (2014) 222 Cal. App. 4th 1302.)
However, if there is evidence that these incentives were adopted with the intent
of excluding housing for families with children, the zoning may be found to be
invalid . (Cf Pacific Shores Properties LLC v. City of Newport Beach, 746 F.3d
936 (9 1h Cir. 2014; writ of certiorari denied, 135 S. Ct. 436 (2014)) (holding that
facially neutral ordinance invalid where adopted with discriminatory intent).
1 HUD's Fair Hou sing newsletter featured a case filed against the Villa ge of Bronx vill e , N .Y . challenging
a Village ordinance that requires developers to demo nstrate th at th e de sign o f residences is intended to
appeal primarily to singles and to couples without children-a provision similar to the ori ginal provis ions
proposed in the Sp ecific Plan .. (Westchester R esidential Opp orlllnilies In c. v. Village of Bronxville
(S.D.N.Y. Case No . 15 CV 002 80) (filed January 15 , 2015 ).
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Conclusion.
Los Gatos cannot adopt Specific Plan provisions for the North Forty that exclude
or discourage families with children, such as by requiring the development of
senior housing or by zoning a portion of the site for senior housing onl y. While
the Town can provide incentives for senior housing in view of its unique
development characteristics, the incentives could be found to be invalid if they
are adopted with the intent to exclude families with children.
B. Selection of Buyers and Renters Based on Age
The Town has asked if the Specific Plan could require developers to reserve
some portion of the residences on the North Forty for seniors . Only housing that
qualifies as a senior development under both state and federal law may
discriminate based on age and familial status (42 USC § 3607(b)(l)-(3); Civ.
Code § 51.2(a)). Developers cannot choose to reserve a portion of the units in a
non-senior project for seniors , nor can local government require them to do so
Both the federal Fair Housing Act and California's Unruh Act contain standards
specifying whether a development qualifies as "housing for older persons" and
may discriminate based on age and familial status. Reading the two Acts
together, they allow the following types of senior housing :
• Housing provided under a state or federal program that HUD recognizes
as intended for elderly persons (42 USC § 3607(b)(2)(A)); Civ. Code §
51.2(e));
• Housing with fewer than 35 units occupied solely by persons 62 years of
age or older (42 USC§ 3607(b)(2)(B); Civ. Code§ 51.2); and
• Housing with 35 units or more either occupied solely by persons 62 years
of age or more ; or occupied by households where at least one occupant is
55 years or older (42 USC§ 3607(b)(2)(C); Civ. Code§ 51.2-51.3).
All new senior housing must include certain design features and have rules and
covenants clearly restricting occupancy consistent with the federal and state
occupancy requirements . Further, the policies, procedures , and marketing must
demonstrate that the project as a whole is intended for seniors . (54 Fed. Reg.
3255 (Jan. 23 , 1989).) Mixed-income developments are only pos sible if separate
buildings are constructed for each income group.
If a development is not des igned as senior housing , the owner or manager cannot
use age or familial status as a criterion in deciding whether to sell or rent a home .
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Conclusion
Requiring developers of non-senior housing to reserve a percentage of the units
for seniors would violate state and federal housing laws .
1 588\03\1 565758 .4
Exhibit D
A
EDEN SUMMERHILL HOMES -
GROSVENOR HOUSI NG C OMMUNITIES Of DI STINCTION
August 9, 2016
Hon . Barbara Spector and Members of the Town Council
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE : North Forty Phase 1 ("Project")
Architecture and Site Application S-13-090
Vesting Tentative Map Application M-13-014
Special Town Council Meeting August 9, 2016
Dear Mayor Spector, Vice Mayor Sayoc and Members of Los Gatos Town Council :
We have reviewed the Staff Report dated August 4, 2016 and wish to respond to certain
statements and analyses contained in that Report and expressed by some members of the public
in letters attached to the Staff Report . Preliminarily, we note that although the official
recommendation on page one of the Staff Report is to deny the Project, the rest of the Staff
Report contains no support for denial. Thus we assume that the official recommendation is in
line with Town practice that the staff recommendation will be to uphold the Planning
Commission's action, but that this recommendation does not reflect staff's professional
judgment which in all prior staff reports to has been to approve the Project.
The Staff Report (page 14) suggests that the Council can consider whether the "number and
distribution of units" are consistent with the Specific Plan and possibly suggest changes. A desire
to decrease the number and change the distribution of units is also expressed by some members
of the public in letters attached to the Staff Report. We disagree that this is an option . The
proposed Project is fully consistent with the objective standards of the Specific Plan, as the Staff
Report confirms. There is no other application in front of the Town, so any idea that some units
could be redistributed elsewhere in the North Forty Plan Area is pure speculation at this time.
The density proposed in our application is based on rights afforded to us by state law.
More particularly:
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1. The Density Bonus Law entitles the Project to 320 units. If there is a development standard
that precludes the Project from achieving the 320 units, it must be waived by the Town pursuant
to the Density Bonus Law .
2. Under the Housing Accountability Act, the Project cannot be denied and the density cannot
be reduced unless the Project does not conform to some objective standard; and/or there is a
"specific health or safety impact." However, the state Density Bonus Law also provides that the
Town must waive any development standard that precludes 320 units.
These rights provided by state law are in addition to rights afforded to us by Town policy. More
particularly:
1. Under the Town's Housing Element and the Housing Element statute, the approval is "by
right" and must achieve development at a minimum of 20 units per acre.
2 . The Town's own North Forty EIR stated that the Project has no impact on parks or open space,
and the Town has not adopted a state Quimby Act-compliant subdivision ordinance, so no
additional open space can be required to be dedicated to the Town or for public access .
Nonetheless, the Project exceeds all the standards for private open space in the Specific Plan and
voluntarily offers to allow public access to the vast majority of the open space in the Project.
Town of Los Gatos General Plan
Not only is the right to build at this density (or higher) afforded to us by State and local law but
we believe this density or intensity is what is, in fact, envisioned by Town policy.
The Housing Element of the General Plan was adopted following the certification of the
Environmental Impact Report (EIR) for the North Forty Specific Plan. The Housing Element was
approved by this Town Council on May 5, 2015 . At that time, the minimum density of 20 units
per acre to be required on the North Forty was made clear as was the required 'by-right' nature
of approvals for housing. 'By-right' is defined as "not requiring a conditional use permit or other
discretionary approval; however, design review according to the objective standards contained
in the Specific Plan can occur (see Action HOU-2.4)." In addition, the Housing Element states
that "it is anticipated that by-right, multiple-family development at a minimum of 20 units to the
acre will occur as a single use development as permitted by the zoning." The Project is consistent
with this and other applicable policies and actions specified in the General Plan and Housing
Element as shown in attached Tables A and B.
The Specific Plan reference to "lower intensity residential" in the Lark District is a statement that
the planned uses in the Lark District are lower intensity uses than those in the Transition and
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requirement by providing 39 percent open space, of which at least 85 percent is open to the
public.
A requirement for provision of public access to open space (including on the 30 percent already
required by the Specific Plan) cannot be justified unless it is needed to mitigate the impacts of
private development. The standard of the Nollan, Dolan, and Ehrlich cases requires that there
be an essential nexus to the impacts of the Project, and that the requirement be roughly
proportional to those impacts.
However, this nexus requirement is not satisfied in the North Forty Specific Plan . There is no
impact on public open space due to the passage of the North Forty Specific Plan or the planned
development of the Plan Area. The EIR for the Specific Plan identifies no such impact, and the
Town has no ordinance consistent with the Quimby Act requiring public open space in new
developments, since there is already abundant public open space in the Town, including open
space close to the Plan Area. The EIR concluded that there is adequate public open space nearby
to serve the Project.
Despite this finding, we have designed an open space program that is the centerpiece of a
modern agrarian neighborhood . The open space program will feature 2.7 acres devoted to
agricultural uses which will produce an estimated 14.5 tons of fruits and vegetables per year.
These will be grown in community gardens, commercial gardens and on producing (not
ornamental) orchard trees. We also feature eight public parks and plazas that are connected by
25' to 35' wide landscaped paseos, shaded sidewalks and a multi -modal pathway system. These
parks include a community park that is comparable in size and scale to Town Plaza Park and two
passive use neighborhood parks that are similar in size and scale to other neighborhood parks in
Los Gatos. Finally, buoyed by the Town's aspiration for amenities for pedestrians and bicycles
and in addition to the multi-modal pathway system, we are voluntarily proposing to connect the
North Forty to the Los Gatos Creek Trail via dedicated bicycle lanes on both sides of Lark Avenue.
Reduction of Unit Sizes
In addition to the desire to reduce or redistribute units in order to create more open space,
another common complaint is that the units are too large and should be reduced in size. We
would emphasize that there is absolutely no objective standard in the Specific Plan that would
support any such reduction. The only specification of unit sizes contained in the Specific Plan is
on page 6-14, and the sizes listed there are on average considerably larger than those proposed.
In fact, if one takes the maximum residential square footage allowed {700,000 sf) and divides by
the 270 baseline {365 density bonus) allowable units, the resulting maximum si ze per unit is 2,592
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square feet (1,917 square feet if density bonus is used) which is approximately 1,199 (524) square
feet larger than proposed .
Any requirement to reduce unit size would in effect be a denial of this Project, since it would
require complete redesign of the buildings and site layout, in violation of the Housing Element
"by right" requirement, the Density Bonus Law, and the Housing Accountability Act. In addition,
it renders the Project infeasible economically.
After the Planning Commission's request to consider smaller unit sizes, we commissioned John
Burns Real Estate Consultants to determine the feasibility of this from a marketability
perspective. Their consumer analysis summarizes how the reduction of the average market rate
for-sale housing square footage by over 33% (from 1567 to 1000 square feet) is not supported
by the market. Based on their research, the size of units proposed is far smaller than the existing
newer multi-family for-sale housing stock in the Town . The report states : "Of newer town homes
in Los Gatos, the median unit size is over 1,900 SF, including three bedrooms and 2 Yz bathrooms.
When assessing only townhomes built in the last 10 years, the median unit size is even larger, at
+/-2,100 SF. At a weighted average size of 1,561 SF, the current product array at the Subject
Property is substantially smaller than the recently constructed housing inventory of Los Gatos."
This report is attached as Exhibit B to this letter.
Finally, the Staff Report references that the Planning Commission statement that "(t)he project
does not incorporate views adequately in the layouts as called out in Open Space Policy 01 View
Preservation and does not comply with Design Guideline 3.2.1.d Site Planning and Design, and
Section 3 .2 .6.e.i. Building Elements and Articulation which states "Special care shall be taken to
avoid obstructing views to the surrounding hills ."" However, Section 3.2.6.e.i. more specifically
states in section e) that "Projects located on corner parcels at signalized intersections along Lark
Avenue and Los Gatos Boulevard should incorporate major design features on the intersection
corner," and in section I) that "Buildings located at these corner locations are strongly
encouraged to frame and front onto intersections. Special care shall be taken to avoid to avoid
obstructing views to the surrounding hills."
This portion of the Specific Plan only relates to the corner buildings at signalized intersections.
For this application, this applies only to Lark and Los Gatos Boulevard and Los Gatos Boulevard
and the new Neighborhood Street. The application does not include the land area located at the
corner of Lark Avenue and Los Gatos Boulevard (gas station location). At Los Gatos Boulevard
and the new Neighborhood Street entrance, the two buildings proposed both frame and front
onto this intersection. The Specific Plan requirement for a 30' orchard setback along Los Gatos
Boulevard and a 25' height restriction from Los Gatos Boulevard for the first 50' from the
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property line have been also been satisfied. Therefore, the reference to this portion of the
Specifi c Plan as a broader policy is not appropriate, and the application in fact satisfies the
objective standards for this portion of the site plan .
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TABLE A : Conformance with General Plan
Policy or Action Project Conformance
Goal LU-4 To provide for well-planned, careful growth that
reflects the Town's existing character and infrastructure.
Goal LU-11 To Plan for development of a variety of uses in
the North Forty area in a coordinated and comprehensive
way.
Policy LU -11.1 Zoning shall be changed as part of the On June 17, 2015 the Town Council adopted
development applications to provide consistency with the Resolutions Nos. 2015-055 and 2015-056
Vasona Light Rail Element and other elements of this adopting the North Forty Specific Plan and
General Plan and w ith any future specific plan prepared for adopting amendments to the Land Use Element
this area . of the Los Gatos Gene ral Plan for the North Forty
Specific Plan area . Those resolutions found that
the Specific Plan was consistent with the General
Plan and amended the Land Use Element to
incorporate the major policies of the Specific
Plan . In particular, the Land Use Element was
modified to incorporate the Vision Statement
contained on page 1-1 of the Spec ific Plan, the
general guidelines contained on pages 1-6 and 1-
7 of the Specific Plan, and the ma ximum
development capacity contained in Table 2-2 of
the Specific Plan. The Spec ific Plan also
determined that its policies, standards, and
gu idelines were con sistent with the overa rching
goals of the General Plan.
Therefore, given t hat the vision, guidelines, and
development capacity contained in the General
Plan ar e identical to those in t he Spe cific Plan,
and that the Specific Plan was adopted to
determine those development standards
consistent with the vision , gu idelines, and
development capacity contained in both the
General Plan and the Specific Plan, the
determi nation that the Project is consi stent with
the Specific Plan conclu sively determines that
the Project is also con sistent w ith those
provisions of the General Plan applicable to the
North Forty.
Policy LU-11 .2 The Town shall encou rage uses that serve The North Forty Specific Plan requires a
Town residents. These include, but are not lim ited to open mi nimum of 30% open space. The Project
space, playfields, office, retail, and other commercial uses. application proposes 39 % open space. The
Res idential uses may be permitted as part of m ixed-use Project appl ication al so proposes 66,000 square
development and only with acceptable mitigation of feet of neighborhood serving commerci al spa ce
adverse noise, air quality, and other en vironmental hazards. as part of a mixed-u se development that al so
7
r~) t:-;1
GROSVENOR
~
EDEN
HOUSI NG
SUMMERHILL HOMES -
COMMUNITIES OF DISTINCTION
Policy or Action Project Conformance
The Project application proposes residential uses
that are consistent with this General Plan Policy
in addition the Town's Housing Element.
Goal VLR-9 To reduce traffic impacts of residential
development within the Vasona Ught Rail area by taking
advantage of mass transit opportunities.
Policy VLR-9 .5 Promote the development of mass transit As a condition of approval , the applicant is
links between Los Gatos Boulevard, particularly any required to coordinate with the Santa Clara
development on the North Forty site, and the planned Valley Transportation Authority (VTA), plan for,
Vasona Light Rail station. and provide an enhanced bus stop at the
location of the existing stop along southbound
Los Gatos Boulevard between Neighborhood
Street and Bennett Way. The improvements shall
be in compliance with VTA standards and must
be completed and accepted by the Town of Los
Gatos before a Certificate of Occupancy for any
new building can be issued.
Goal C0-1 Preserve and enhance Los Gatos' character
through exceptional community design.
Policy CD-1 .6 Town staff shall review properties next to The Project application has been reviewed by
community entry points when they are developed or Town Staff and the Town's consulting architect
redeveloped to reflect the gateway concept. and has met the requirements of the Town's
consulting architect.
11
~) ~;I
GROSVENOR
~
EDEN
HOUSI NG
SUMMERHILL HOMES -
COMMUNI TI £5 Of D IS T I NCTION
TABLE 8 : Conformance with Housing Element
Policy or Action Project Conformance
Action HOU-1.1: Below Market Price (BMP} Program: The Project provides over 20% very low income
Continue to implement the BMP Program in order to units, exceeding the BMP program requirement
increase the number of affordable units in the community. for 20% moderate-income units. See Exhibit 19
of Attachment 1 to staff report.
Action HOU-1.7: North Forty Specific Plan Area Rezoning: The Town completed the rezoning of the North
the Town will rezone 13.5 acres within the North Forty Forty to permit housing at 20 units per acre on a
Specific Plan area within three years of Housing Element mini mum of 13.5 acres with in the North Forty
adoption at minimum a density of 20 dwelling units per Specific Plan area . The zon i ng permits housing by
acre to facilitate affordable housing production . After right as defined in State Law, with design review
rezoning, owner occupied or multiple family development permitted based on the objective standards in
will be by-right as defined by not requiring a conditional use the Specific Plan . The senior affordable housing
permit or other discretionary approval; however, design occupies at least 50 percent of the floor area of
review according to the objective standards contained in the mixed use building it occupies.
the Specific Plan can occur (see Action HOU-2.4). In
addition, it is anticipated that by-right, multiple-family
development at a minimum of 20 units to the acre will
occur as a single use development as permitted by the
zoning. If housing affordable to very low and low income
households is part of a mixed use development, it will
occupy at least 50 percent of the total floor area of a mixed
use Project.
Action HOU-2.4: By Right Findings : For multiple fam ily Although the Town has not adopted these
residential development within the North Forty and the provisions to the Town code, the Town is
South bay AHOZ site subject to by right development, the reviewing the Project application based on
Town will amend the objective review criteria contained in the North
Town Code to add by right development findings that, Forty Specific Plan design guidelines.
among other items, state that if a Proj ect meets the
objective review criteria contained in the AHOZ Design
Guidelines or North Forty Specific Plan design guidelines
(available on the Town's website) the deciding body will
approve the affordable housing proposal.
Goal HOU-5: Retain and expand affordable housing The Project includes 49 units of housing
opportunities for seniors . affordable to very low income seniors.
12
Sally Zarnowitz
From:
Sent:
To:
Subject:
Hiten Thakkar < hthakkar@ucsc.edu >
Sunday, November 06, 2016 5:09PM
Sally Zarnowitz
North 40 plan
This should NOT be considered because of the exacerbated Traffic and congestion on Los Gatos Blvd. Inability
for any emergency vehicles or personnel to be dispatched. Also the increased population will overwhelm the ·
class size and will diminish the quality of education for which the Los Gatos is a sought after town. Kindly bear
the above before voting on the resolution.
Thanks and regards,
Hiten J. Thakkar.
1
This Page
Intentionally
Left Blank
The midtown park may be defined as a small park-yet big enough in es-
sence to reaffirm the dignity of the human being. Robert L. Zion
For such parks to c ontribute
effectively to city life, they
must be readily available.
Further, they should not be
looked upon as mere ame-
nities. They have become
nece ssities, and necessities
must. by definition, be close
at hand, easily come by.
The ir presence mv st be felt
everywhere thoughout the
area-on the way to work,
on the way home, as well
as during the lunch hour. If
such a system of parks is
to succeed, there must be
proximity as well as profu-
sion-one such p a rk for each
square block.
New Parks for New Yo rk
Exhibit, 1963 (From Whit-
ney North Seymour Jr. An
Introd uction to Small Urban
Spaces p3)
Contexts
Ideally , pocket parks are close ly tied into the neighborhoods they serve. By nature, they
tend to be scattered and disconnected because they are usually c reated opportunisti -
cally. With some planning, they can be connected if they a re placed along greenways
or bike paths as long as they would still be visible to a su fficient number of pedestrians
who are also potential users.
From an ecological standpoint, pocket parks , at best, act as very small patches.
Because they need be sited in areas of heavy pedestrian traffic so they themselves
remain safe and functi on ing, potential use by many other animal species is negligable.
However, greenery within pocket parks can help regul ate microclimates and act as the
"lungs" of the city , while permeable surfaces increase infiltration.
The establishment of pocket parks throughout the urban environment also has the po-
tential to benefit the overall ecology of cities because communities who have parks that
meet their needs within walking distance are less likely to drive far away for the same
resources , thereby reducing pollution , traffic and the consuption of resources such as
oil. Along these same lines, pocket parks could relieve pressure on the same larger,
more distant parks. These large parks would conceivably see fewer demands for play
areas (and the other needs that pocket parks can meet), allowing them more fle xibility
to devote larger park areas to habitat and ecological function.
Philadelphia's Pocket Parks :
Location : Philadelphi a, Pennsy lvan ia
Dates created: 1961-1967
Number of Parks created: 60
Sizes: 900 sq . ft. to 9,000 sq ft. (average size, around 3 ,000 sq. ft.)
Overseen by: Philadelphia's Neighborhood Park Program
Uses: Play, sitting (focusing on children and the elderly)
Features: Climbing structures, areas for explo rati on , bright colors, community involve-
ment, basketball courts, flower or vegetable gardens , "tot lots ," etc.
Philadelphia was one of the first cities to begin developing pocket parks within its
neighborhoods. These were constructed on the site of vacant or abandoned lots that
had become eyesores and were located in low-income areas that needed local open
space in addition to the limited facilities already available. These parks involved th e
community in their design and construction and had a specific focus on childrens play
Three Phi ladelphia Lots Transformed
photo cre dit: City of Philadelphia & Ph iladelphia Neighborhood Park
Progam
2 I POCKET PARKS
Essential Elements
Small Size:
Pocket parks tend to between 1-3 lots in size, with a tendency to be larger
on the west coast than on the east (M arcus , 150)
Local Community:
These parks rely on a local population for their use and often for their
upkeep (to at least make sure they are maintained)
Uses/Functions
Small Events , especially neighborhood events
rest , relaxation
lunch breaks
Play, both individual and group
Elements (Not all elements can neceesarily be accomodated within any
one park)
plantings, trees, often water
natural e lements are a common feature of pocket pa rks
Play areas
Areas to Sit
Gatherin g places
Greenacre Park :
Size : 6 ,360 square feet
Location : New York City, New York
Date opened : 1971
Developed by : Greenacre Foundatio n
Designers: Hideo Sasaki & Harmon Goldstone
Purpose:"some moments of serenity in th is busy world ."
Features : Visible fr om the street, moveable chairs , overhead trees , greenery, a water-
fall , concessions, heat lamps for cool weathe r
P roject for P ublic Spaces describes th e waterfa ll at the back o f Greenacre Pa rk by say-
ing that it "provides a foca l point an d a d ramati c reaso n to visit the park and its noise
creates a sense of qu ie t and privacy " and that "there is shade in the summer from the
trees yet th eir thin structure allows a beautiful dappled light to pass through."
That this level of relief from the urban environment can occur in a s lot of space only .14
acres in size speaks to the amazing potential of the pocket park and why it should not
be quick ly dismissed as an open space typology.
Gr eenacre P ark is a privately endowed New York park that ca ters mainly to p rofes-
sionals, tourists and shoppers. It has now been a successful open space for over thirty
yea rs , which is a testament to the quality of the design , which has all the qualities of a
successful small urban space, inclu ding visibility, flexible seating , things to eat, climac-
tic comfort (shade or heat lamps , depending on the weather). and a key locat ion with
many potential users.
Urban Pa rks
Pocket Parks
Views of Greenacre Park, New
York City
photo cred it: Project for Public
Space
3 I POCKET PARKS
It is the redevelopment of the smaller parks, reserves and street closures
that makes a difference to the local community. -Roger Jasprizza
ews
photo credit: Project for Publ ic
Space
4 I POCKET PARKS
Aquisition /Implementation Mechanisms
Community Activisim
Many pocket parks have been crea ted as a resu lt of comm unity groups organizing and
rally ing for more open space and identifying spaces for parks w ith in the urban environ-
ment.
Vacant Lots and Parking Lots
Leftover spaces, othen eyesore present opportun iti es to become pocket parks and im-
portant amenities to communities. These are often purchased and owned by cities , with
the agreement that they wi ll be run and maintained by a found ation or other organiza-
tion if the city is unable to maintain the park itself.
Foundation Owned and Run
City Organized
Land for Philadelphia 's pocket parks was acquired at Sheriff's sales ''at no cost other
than the write-off of municipal liens , which often are unrecoverable"
Public-Private Partnerships
Downtown Squares, Savannah, GA
Size: .46 acres to 1.38 acres
Total Number of squares: 22
Location: Savannah, Georgia
Dates crea ted: 18th & 19th century
Features : Variab le by squa re , but range from seating , fountains , statues, mature trees ,
shade, monuments , gazebos , recreation areas , gardens , etc.
Although the la rgest of Savannah 's downtown squares are somewhat larger than a
traditi onal pocket park , the squares are notable as a comprehensive system of small
parks th at are an incredible asset by serving many functions and shaping the cha ra cter
and image of the city itself. Unlike other cities' pocket parks , which are oftern squeezed
into leftover spaces, the Downtown Squares were designed wi th the city grid , placing
them at the heart of the neighborhoods . The centra l location of these parks encour-
age heavy use and exploration by residents and visi tors alike. The connectivity of this
system also encou ra ges pedestrians to walk throughout the neighborhood , rather than
drive.
Possible area for text/quote, photo. establishes mood and continuity of
layout
6 I POCKET PARKS
Resources
Jasprizza, Roger. "Small Spaces Make a Difference" Landscape Australia
1999 Nov.-2000 Jan., v.21 , n.4 (84), p.292-294
Marcus, Clare Cooper and Carolyn Francis, People Places, 2nd Edition.
John Wiley and Sons Inc. New York 1998
Projects for Public Spaces; www.pps.org
Seymour Jr., Whitney North. Small Urban Spaces: The Philosophy, De-
sign, Sociology and Politics of Vest-Pocket Parks and Other Small Urban
Spaces. New York University Press, New York. 1969.
GREENSWARD FOUNDATION, www.greenswardparks.org
r ··-·· ZONING REGULATIONS § 29.20.185
• r.
TABLE OF CONDITIONAL
USES RC HR RJ RD R-M R·JD RMH 0 C-1 C-2 CH LM CM
(1) Commercial
a. Banks X X X
b. Savings and Joan of-X X X
fice
e. Drive-up window for X X X
any bus:inesa
d Supennarket X X X
e. Super drugstore X X X
f. Department .tore X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Reotaurantineluding X X X X X
thoae with outdoor
dining areas or tok&-
out food
lt. EetabliBhment eell-
ing alcoholic hover-
qee for consumption
on premises
1 . In eol\iunetion X X X X
with a reetau-
rant
2 . Without food eor-X r vice (bar)
I. EetabliBhment eell-X X X
ing alcoholic hover-
agee for eonrumption
off-premiaos (this
provisiao aoly applioo
to establishments
commencing or U ·
pandingoff-premi108
aalee after April 23,
1981)
m. Convenience muket X X X
n . Formula retail buai-X
nesa
0. Formula retail buai-X X ,X
noaa Jreator than
6,000 a!.
p . Pereonal aemce X
bueineases <•• eet
forth in section
29.60.820)
q. New olliee building X X X
approved or con·
etrueted after May 1,
2006
r. N-ntaiJ eale1 of X
flnarma, ammuni-
tion and lor deetrue-
ttve devices u eet
forth in eeetion
29.?0.100
(2 ) Recreation
a . Commercial recre· X X X X
ation and amuse·
mont establishment
.,
Supp. No. 61 2045 ATTACHMENT 2
·r ~ § 29.20.185 LOS GATOS TOWN CODE
TABLE OF CONDITIONAL
USES RC HR Rl RD R·M R-W RMH 0 C-1 C-2 CH LM CM
b. 'Ibeater X
c. Outdoor entertain-X
ment
d. SwimmlDc pool for X X X X X X X X X X X X
non-incidental uae
e. Private 11p0rle :recre-X X X X X X X X X X
ation club
f. Golf c:ourae X X X X X
(3) Community Services
a . Public building; J»-X X X X X X X X X X X X
lice, fire, community
center, library, art
callery, Jlluaeum
b . Club,lodp, hall, fra. X X X X X X X X X X
tarnal orpniution
c. Church, monastery, X X X X X X X X X X X
oonvent, and other
institntiona for reli-
(ious obeervance
d. Mortuary, X X X X
oolumbarium, mau-
10leum
e . Public tranoportation X X X X X X X X X X X X
and parking fac:ili-
ties
t f. Park, piasa, play-X X X X X X X X X X X X
,_ pound ,. Nonprofit youth X
lfO\IPII
(4) Schools
a. Public ochoolB or col-X X X X X X X X X X X
Ieee not otharwise
opeci1ied
b. Private achool or col· X X X X X X X X X X X
101" not otharwise
opeci1ied; including a
new private achool or
oollece to be located
on poundo or within
buildinp formerly
occupied by a public
achool
c. Nunery achooVday X X X X X X X X X X X
care center, pi'OYi ded
that each aball be on
a aite not lea• than
20,000 oquare feet in
area and in a build-
inc not less than
2,000 square feet in
lioor area
d. Small fiuoily day care X X X X
home
e. Large fiuoily day care X X X X
home
f. Vocational or trade X X X
achool
g. Business or profes-X X X X X
oional achool or col-
lege
Supp. No. 61 2046
\
\
\
\
§ 29.20.185 LOS GATOS TOWN CODE \
I .
TABLE OF CONDITIONAL
USES RC HR Rl RD R-M R ·lD RMH 0 C·l C-2 CH LM CM
k. Reeraationol vehicle X X X
and equipment 1tor·
apyud
I. 'll!mporary a uto otor-X X X X X X X X X X X X
qe for automobile
dwen
m. Parking lots that X
aerve a nearby oom -
merciaJ 11M located
on a previoualy UD·
improved proJ>erty in
the R.-1 :12 1000 on
an arterial a-t
n. SU.,-.ioe,aDdre-X X X
pair of electric vohi·
c:lea .. aet JOrth in
Sec:tioD 29.10.020
(8) Raidentiol UBe&
a. One-family dwelling X X X X X
b. 'IW<>-family dwelling X X X X X .. Multiple-family X X X X X
dwelling
d . Boardingbouae X X X X
•.. .,._t hotel ---· -----------X X X
f. Mobile home park X -----··-
I· Re•ident.ial condo-X X X X X X
minium
h . Caretaker reaidenee X X
i. Reserved
j . Converlion of a m<>-X X
bile home park to
oondomlnium....,.....
lhip
k. Live/work units X X X X X
(9) Agriculture and Animal
Services
a. BotaniooJ DUrBOJY X X X X X X X X X X X X
b. DaiJYing X X .. Veterinary boapitol X X X X
(without kennel)
d . Kennel X X X
e. Commen:ial and pri-X X ·x X X
...te otablel and rid·
ing aoademiee
f . Wmeriee that have X
been J.cally and eon-
tinUOUI)y operatina
for at leaat 60 yean
or ia operat.d in eon-
junetion with a vine-
yard
I· A'fiarieo and other X X X
wholaaaling uima).
ralaing facilitiee
b. Vmeyuda, on:barda, X X X
and apioultural or
farming aetivitiea
graater than S,OOO
•. r.
Supp. No . 64 2048
( ..
TABLE OF CONDITIONAL
USES RC HR
(10) Light Indu.strial
a . Large reeyclin( ool -
leetion fac:iliti01
b. Large reeyclinf col· X
lection facilit.ie• op-
erated by a public
agency
c. Equipment rental
yard
d. Cona1nlction materi·
ala yard
e. Bulkfuelatoraaeand
aalu
f. Dry cleaning plante
g. Hu.ud0114 wute
management facility
(ll)Other
a. Outdoor .toraae
b. Changing the activ-X
ity in a noneonform-
int building
c. 24 hour businesses
or businesses open
between the hours of
2:00 a.m. and 6:00
a.m.
X
X
ZONING REGULATIONS
Rl RD R·M R-m RMH 0
X X X X X X
X X X X X
X
§ 29 .20.190
C-1 C-2 CH LM CM
X X
X X X X X
X X X
X X
X X
X X X
X
X X X
X X X X X
X X X X X
(Ord. No. 1316, § 5.20.205, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1367, 9-19-77; Ord. No .
1369, 10-3-77; Ord. No. 1375, 11-21~77 ; Ord. No. 1405, 9-5-78; Ord. No. 1417, 2-20-79; Ord. No.
1476, 9-15-80; Ord. No. 1483, 12-2-80; Ord. No. 1493, 3-17-81; Ord. No. 1506, 7-6-81; Ord. No.
1531, 4 -20-82; Ord. No. 1546, 8-16-82 ; Ord. No . 1555, 10-25-82; Ord. No.1571, 3-7-83; Ord. No.
1596, 10-24-83; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1701, 12-15-86; Ord.
No. 1724, 5-18-87; Ord. No. 1725, 6-1-87; Ord. No. 1729, 6-15-87; Ord. No.1732, 7-20-87; Ord.
No. 1737, § V, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1835, §III, 7-16-90; Ord. No.1842, §II,
4-1-91; Ord. No. 1896, §I, 4-6-92 ; Ord. No. 1961, §I, 11-15-93; Ord. No. 1993, §I, 1-3 -95 ; Ord.
No . 2006, § IIA, 11-6 -95; Ord. No. 2011 , ~I, 3-4-96; Ord. No. 2107, §II, 11-4-02; Ord. No . 2115,
§III, 9 -15-03; Ord. No . 2131 , §I, 5 -3-04; Ord. No. 2132, §II, 5-17-04; Ord. No. 2149, §I, 5-1-06;
Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No . 2222, §I(Exh.A), 10-21-13; Ord. No. 2233, § I (Exh.
A), 8-5-14)
Sec. 29.20.190. Findings and decision.
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisio ns of this chapter ifit_finds
that:
(1) The proposed use s of the property are e ssential or desirable to t h e publi~ convenience
or welfare;
(2) The proposed u ses w ill not impair the integrity and character of the zon e;
Supp. No. 64 2048.1
From: Mohammad Javanbakht [mailto :mj@avestadev.com]
Sent: Friday, November 11, 2016 3:14PM
To: Sally Zarnowitz
Cc: Joel Paulson; Erin M. Walters; Mason, Brian (SJC); Walewski, Andre' (SJC)
Subject: Re: Burton Rd. and Los Gatos Blvd.
Hi Sally,
Following ou r conversation the other day, I would like to formally request that the General Plan
Committee of the City of Los Gatos con sider inclusion of the Senior Housing use, specifically, Senior
Apartments, Independent Living, Assisted Living and Memory Care, in the Specific Plan amendment for
the North Forty District. In particular we would like to be able to develop a senior housing development
on a 2.5 acre property at the corner of Burton Rd . and Los Gatos Blvd .
Senior housing communities offer a fully amenities, service enriched, and much needed housing option
to our senior citizens, while providing a complementary and low impact housing addition to the
neighborhood. These communities provide a high-quality, culturally rich, and social living environment
for aging residents to be able to remain active and able to stay in their neighborhood, among their
family and friends. The communities also offer a low-impact economic engine; while facilitating new
investment in aging homes as well as creating many direct and indirect local lobs, they are a low impact
housing option in the neighborhood. The senior communities will have extremely low traffic, due to the
fact that most residents do not operate vehicles. The communities also have a minimal use of city
resources/infrastructure, due to the fact that the buildings include many amenities needed for the
residents' daily lifestyle.
Furthermore, the senior apartments, independent living and sometimes even assisted living residents
are considered doweling units, due to the fact that they include kitchenettes or full kitchens, bathrooms
and living areas, and therefore, will satisfy the City's housing requirements .
Below is a description of various types of residences:
Senior Apartments and Independent living Residences: Each senior residence would constitute an
individual"dwelling unit". Specifically, each residence would constitute individual living quarters that
include areas for living, eating, and sleeping, plus a kitchen and at least one bathroom . The residences
would be "high end," with top-quality fixtures and surfaces, and designed to appeal to sophisticated and
discerning individuals.
The occupants of the residences would be offered a menu of services as part of their monthly rent such
as meals, housekeeping, laundry, transportation, social and recreational activities as well as observation
of the resident for changes in condition. Residents will also be offered personal care services such as
assistance with dressing, bathing, grooming, toileting and medication management on an as -needed, a
Ia carte basis . From a practical perspective, the senior residences within the Project would function in
exactly the same manner as residences within any other multi-family building, with additional support
for the occupants on an "as-needed" basis.
Assisted living Residences: Assisted Living residences are similar to independent living re sidences with a
higher degree of service s and care provided . It is anticipated that these residents may require assi stance
with activities of daily living such as ambulation, toileting, bathing, dressing and grooming .
.ATTACHMENT 3
Memory Care Residences: The memory care residences would be individual private or shared
residences that would house seniors who have been diagnosed with Alzheimer's or some other form of
memory impairment. Memory Care Residents would be offered meals , housekeeping, laundry,
transportation, social and recreational act ivities as part of their monthly rent as well as assistance with
services such as dressing, bathing, grooming, toileting and medication management as needed. Memory
Care residents would also receive specialized personal care tailored to people with memory
impairments provided by trained staff members.
Assisted Living and Memory Care residences can be also considered a commercial use due to the
intensity of services that are provided.
Please feel free to contact me if you have any questions .
Best Regards,
Moha m mad Java nbak ht
Ma n aging Partn er
• lO w. li<T
T : 9 2 5-899 -89 81 I F: 41 5-80 0-6063 I E: mj@avestadev.co m
1 3922 Qui t o Rd., Sa r atoga, CA 95070 I w_\N.\1\,',g'!g?J:~<:I~Y.~Qm
Sally Zarnowitz
From:
Sent:
To:
Cc:
Subject:
Susan Freiman <srfreiman@gmail.com >
Wednesday, November 16, 2016 9:11 AM
Sally Zarnowitz; Joel Paulson
Marsh
North 40 comments
Hello and Thank You for all your hard work,
We have been actively attending and speaking out at Town mtgs since the first Town Not City protest in
2014. A s 20 year residents of High St, we feel that we must add our voice to pres erve the character of our town.
Specific comments :
1) The obvious "Gaming the s ystem" of the developer to put 100% ofthe homes in the LG s chool di strict was
alarming to us . If it i s at all1egal, the future plan should do its best to prevent the next application from abusing
our rules to maximi ze their profit.
2) As a family that is hoping to demo and build a new home some day, we drew up plans that include
significant underground excavation to minimiz e our impact on our neighborhood while giving us more room in
which to live. Plea se seek to, at a minimum, place all of the new development's parking underground to
minimize the impact of these new structures on our lovely views . A lowered guideline on maximum height
would also be most desirable.
My children and I are looking forward to attending tomorrow night's meeting.
Thank you again,
-Susan & Marshall Freiman
High Street
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November 17, 2016 General Plan Committee Meeting
To:
Meeting:
Re:
From :
General Plan Committee
November 17, 2016
Potential Amendments to the Specific Plan
Lee Quintana
I would like to submit the following comments for the Committee's consideration. I have
followed the suggestion made by Commissioner Erekson at your last meeting by
identifying a problem and following the problem with a potential solution(s) (amendment)
to address the problem.
Problem 1:
Specific Plan , as adopted , is not consistent with the revised Housing Element of the
General Plan
• The Specific Plan was adopted subsequent to the adoption of the revised Housing
Element. However, the Plan was not modified to reflect the changes in the Housing
Element specifically applicable to the North 40 Specific Plan. For example :
-The Housing Element requires a minimum of 13.5 acres at a density of 20 units/
acre to be zoned within the Specific Plan area.
-The Housing Element includes by-right development and
-The Housing Element limits A&S review to objective design criteria.
• The Plan also lacks a discussion of applicable portions of state and federal laws
relating to housing, such as the State Density Bonus.
· These are major deficiencies . Without the context of the Specific Plan in relationship
to the Housing Element it is impossible to understand the Plan, nor is it possible to
assess whether a proposed application is in conformance with the Specific Plan, the
Housing Element, the General Plan and/or applicable state laws .
Solution 1:
Amend the SP to include the following :
• Requirement to zone 13.5 acres at a density of 20 units/acre
• Discussion of the relationship between the Specific Plan, the Housing Element and
other applicable State and Federal Laws
• Discussion of by-right development and objective design criteria
• Discussion of the State Density Bonus Law including accommodations and waivers .
• Add a list of applicable goals and policies from the Housing Element
Problem 2:
There appears to be a disconnect between the Plan 's stated maximum allowed
development capacity for both non-residential and what is actual possible based on
requirements of the plan .
Solution 2 :
Do a reality check and reduce the maximum development capacity of the Plan
accordingly.
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November 17, 2016 General Plan Committee Meeting
Problem 3:
It is not always clear when a standard or guideline is mandatory or is not mandatory.
In addition, the Plan includes a limited number of "objective design criteria"
Solu tion 3:
• Amend the Plan to expand the definition of mandatory to include terms other then
"shall".
• Amend the Plan to expand the definition of not mandatory to include terms other than
"should ".
• Amend the Pan to add additional objective design criteria that provide some flexibility.
Thank you for considering these comments.
Lee Quintana
5 Palm Ave.
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