2002-175- Adopting The Town's Community Benefit PolicyRESOLUTION 2002 -175
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING THE TOWN'S COMMUNITY .BENEFIT POLICY
WHEREAS, that the Town of Los Gatos Town Council has determined thata written policy
clarifying the requirement for a community benefit offering is necessary (General Plan Implementing
Section L.I.1.8); and
WHEREAS, the Town of Los Gatos does not currently have a written policy clarifying the
Town Resolution 1'991-174 and Resolution 1993-62, requirements for a community benefit offering,
and
WHEREAS, the Resolution 1991-I74 (Traffic Impact Policy) and Resolution 1993-62
(Development Policy for Infill Projects) require a community benefit offering for certain projects;
and
WHEREAS, adoption of such policies will help provide clear direction to developers
processing development applications (General Plan Implementing Section L.I.1.8); and
WHEREAS, the Planning Commission recommended approval of the draft Community
Benefit Policy on September 25, 2002; and
THEREFORE BE IT :RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the'Community Benefit Policy attached hereto as Exhibits A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4"' day
of November 2002, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Joe Pirzynski,
Mayor Randy Attaway
NAYS: Steve Glickman
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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CLERK C.`.F TIE TOWN DF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN COUNCIL .POLICY
TOWN OF LOS GATOS
Subject: Community Benefit Policy
Enabling Action:
2002- 175
Page 1 of 3
Approved:
Recommended By Planning Commission
on 9/25/02
Effective
Date: November 4, 2002
PURPOSE:
The intent of the Community Benefit Policy is to provide the Town a means to support projects that
are beneficial and desirable to the community, but may have certain negative impacts. These impacts
are generally unavoidable or unintended consequences of new development, such as traffic, that
cannot be entirely avoided through standard conditions of approval. Negative impacts may be
overridden by benefits offered to the Town by an applicant.
A community benefit offering is intended to add to :the merits of a project. It is not intended to create
a means for applicants to transformundesirablepmjects into projects that appear to be desirable due
to their community benefit. Rather, it is intended to provide applicants, who are already proposing
proj ects that are generally beneficial to the Town, a means of offsetting the negative impacts of these
projects..
A community benefit offering. shall be something that otherwise would not have been required by
law or as a :condition of approval for a project. A specific community benefit offering cannot be
compelled by the Town. It must be proposed by the applicant in addition to the standard conditions
of approval and any required mitigation measures fora project. Mitigation measures such as fees,
dedications, or .easements required by the Town do not qualify as a community benefit.
The following policy shall be used by the deciding body when reviewing .any application that: (1)
causes an increase of 5 peak hour trips per Resolution 1991-174; or (2) is considered an infill project
per Resolution 1993-62.
GENERAL POLICY:
The applicant shall propose the community benefit offering, and is responsible for
demonstrating that the community benefit being offered is appropriate to offset a project's
'impacts. The applicant shall submit a letter of justification and .any other supporting
documentation necessary to clearly outline the proposed community benefit. .
Subject: Draft Community Benefit Policy
September 25, 2002
Paget of 3
2. The community benefit shall be offered in addition to the standard mitigation measures
required in the conditions of approval and in excess of any Town's codes and regulations
including California Environmental Quality Act (CEQA). However,. a specific community
benefit cannot be compelled by the Town.
3, The community benefit offering does not need to correlate directly with the project or with
the project's impacts. The benefit may be off-site or unrelated to the project.
4. The deciding body shall determine whether or not the community benefit being offered
sufficiently outweighs the cumulative impacts caused by the project. Both tangible impacts
(quantitative) and the intangible impacts (non-quantitative) will be considered.
5. The deciding body shall weigh the value of the proposed community benefit based on the
desirability of the benefit at the time the project is being proposed or based on perceived
future value or need.
6. 'The Town's values, economy, and character may change over time, therefore a previously
accepted communty'benefit does not set a precedence or guarantee that the same community
benefit will be accepted in the future. A previously accepted benefit may be drawn upon as
an example, but might not be accepted as a benefit in the future if the Town determines that
the benefit is no longer necessary, valuable, or desirable. Applicants should refer to the
Town's official needs assessment list or to a list of previously accepted community benefits.
(Please see attached lists)
7. Tax revenue generation resulting from the proposed project cannot be used as the project's
sole community benefit. Tax revenue generation may be used as a community benefit in
addition to another proposed benefit. It may also be used in the context of increasing the
overall value of the project to the Town if it contributes to the Town's long term financial
stability.
SPECIFIC POLICY:
The following is a partial list of examples that an applicant may draw upon when seeking to create
community benefit for a project:
• additional BMP units or equally affordable housing units
• improved traffic circulation or reduction of traffic
• street or neighborhood improvements
• historic preservation or restoration
• public art
• open space, conservation, or scenic easements and other dedications
Subject: Draft Community Benefit Policy
September 25, 2002
Page3 of 3
• bike/walking trails
• mitigation or elimination of an existing problem
• restoration of a riparian habitat or water course
• a demonstrated unique or desirable use for the Town
DEFINITION:
Community Benefit: An offering of benefit to the Town proposed by an applicant, in addition to
the standard mitigation measures required by the Town,. that overrides certain negative impacts
resulting from an nfill project or a project that generates more than five (5) peak hour trips.
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