Attachment 1TOWN OF LOS GATOS ITEM NO: 4
^^ i PLANNING COMMISSION STAFF REPORT
��os,ap�os Meeting Date: October 9, 2013
PREPARED BY: Erwin Ordonez, AICP
Senior Planner
EOrdonezna losgatosca.gov
APPLICATION NO: General Plan Amendment GP -13 -003
Zoning Code Amendment A -12 -003
LOCATION: Town -wide
APPLICANT: Town of Los Gatos
CONTACT: Erwin Ordohez, Senior Planner
APPLICATION
SUMMARY: Public Hearing to consider a General Plan Amendment to include the
Affordable Housing Overlay Zone sites in the Housing Element
Technical Appendix Housing Sites Inventory; Amending the Town
Code to incorporate the Affordable Housing Overlay into Division 5,
Article VIII Overlay Zones and historic Preservation; Adoption of
Affordable Housing Overlay Zone Design Guidelines; and Application
of an Affordable Housing Overlay to five properties generally located
at:
L Knowles Drive east Of Winchester Boulevard, APN 424 -32 -077
2. Los Gatos Lodge, 50 Los Gatos Saratoga Road, APN 529 -24 -032
3. Los Gatos Lodge, 50 Los Gatos Saratoga Road, APN 529 -24 -001
4. Higgins Business Park, 400 Blossom Hill Road, APN 529 -16 -071
5. Los Gatos Oaks Apts., 517 Blossom Hill Road, APN 529 -16 -042
RECOMMENDATION: Forward a recommendation to the Town Council for approval of:
• Resolution amending the General Plan Housing Element Technical
Appendix Housing Sites Inventory to include Affordable Housing
Overlay Zone sites.
• Ordinance amending Chapter 29 of the Town Code by Adding
Division 5 to Article VIII codifying the Affordable Housing
Overlay Zone.
• Five ordinances applying the AHOZ designation to five properties
listed in this report
• Resolution approving the Affordable Housing Overlay Zone
Design Guidelines.
• The Addendum to the General Plan Environmental Impact Report
(EIR).
ATTACHMENT I
Planning Commission Staff Report - Page 2
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
CEQA: An Addendum to the General Plan EIR has been prepared that
describes the revised Affordable Housing Overlay Zone and evaluates
the changes to the project that have occurred since the General Plan
EIR was certified in September 2010. The Addendum determines that
the revised Affordable Housing Overlay would not create any new or
significant environmental impacts that were not already evaluated in
the General Plan FIR, and would not increase the severity of any
previously identified significant impacts.
FINDINGS: As required by CEQA.
• That the proposed General Plan Amendment is internally
consistent with the General Plan.
• That the proposed Town Code Amendment is consistent with the
General Plan.
ACTION: Forward a recommendation to the Town Council for approval of
General Plan Amendment GP -13 -003, Zoning Code Amendment A-
12 -003, the five ordinances applying the AHOZ to five sites listed in
this report, the resolution approving the Affordable Housing Overlay
Zone Design Guideline, and the Addendum to the General Plan
Environmental Impact Report (EIR).
EXHIBITS: 1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
15
16
17
18
Zoning Ordinance Amendment A -12 -003
General Plan Amendment GP -13 -003
Ordinance Applying the AHOZ Designation to APN: 424 -32 -077
Ordinance Applying the AHOZ Designation to APN: 529 -24 -032
Ordinance Applying the AHOZ Designation to APN: 529 -24 -001
Ordinance Applying the AHOZ Designation to APN: 529 -16 -071
Ordinance Applying the AHOZ Designation to APN: 529 -16 -042
Draft Resolution Approving Affordable Housing Overlay Zone
Design Guidelines
Required Findings
Addendum EIR (Excluding Appendix)
January 22, 2013 Town Council Minutes (Excerpt)
February 27, 2013 General Plan Committee Meeting Minutes
March 27, 2013 G eneral Plan Committee Meeting Minutes
April 10, 2013 General Plan Committee Meeting Minutes
May 8, 2013 General Plan Committee Meeting Minutes
May 22, 2013 General Plan Committee Meeting Minutes
August 14, 2013 General Plan Committee Meeting Minutes
August 14, 2013 General Plan Committee Staff Presentation
Planning Commission Staff Report - Page 3
AHOZ Amendments /A -12 -003. GP -1.3 -003
October 9, 2013
19. September 25, 2013 General Plan Committee Meeting Draft
Minutes
20. Sites suggested by the Public as Potential AHOZ
BACKGROUND:
On January 22, 2013, the Town Council convened a public hearing to consider a proposed
Affordable Housing Overlay Zone (AHOZ) which included five recommended AHOZ sites,
AHOZ Design Guidelines, an Addendum to the 2010 General Plan EIR, two associated General
Plan amendments, required Zoning Ordinance amendments, and resolutions to implement the
AHOZ as required by the Town's State Certified Housing Element.
As a result of considerable public testimony and discussion during the public hearing, Council
continued its review of the AHOZ to a date uncertain and referred the matter back to the General
Plan Committee and Planning Commission for reconsideration of the recommended AHOZ sites.
As part of the Council direction, staff was asked to provide additional outreach to potentially
affected neighborhoods of selected sites and to provide additional information regarding
potential traffic and school impacts.
The General Plan Committee has held seven public meetings from February 27, 2013 to
September 25, 2013 to review the AHOZ as directed by Town Council. The Committee
reviewed the original 41 locations considered by the Town as potential AHOZ sites as well as 1 I
additional sites suggested by residents. General Plan Committee minutes from these meetings
are attached for the Commission's reference.
vlay 8, 2013, after reviewing sites recommended by staff and members of the public, the
Committee reached a consensus to remove the Los Gatos Courthouse and three Oka Road sites
from consideration as potential AHOZ sites and selected the following five sites for inclusion as
designated AHOZ sites with a base density of 20 dwelling units per acre:
• Southbay Development, Knowles Drive east Of Winchester Boulevard,
APN 424 -32 -077
• Los Gatos Lodge, 50 Los Gatos Saratoga Road, APN 529 -24 -032
• Los Gatos Lodge, 50 Los Gatos Saratoga Road, APN 529 -24 -001
• Higgins Business Park, 400 Blossom Hill Road, APN 529 -16 -071
• Los Gatos Oaks Apts., 517 Blossom Hill Road, APN 529 -16 -042
On .Tune 4, 2013, staff facilitated a neighborhood outreach meeting to share information with
residents about the AHOZ, the sites selected by the Committee, preliminary traffic and student
generation rates, and the upcoming Planning Commission and Town Council meetings.
Planning Commission Staff Report - Page 4
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
From August to September 2013, the General Plan Committee reviewed required changes to the
previously drafted AHOZ Design Guidelines which reflected the deletion of the previous sites,
inclusion of new AHOZ sites, and reviewed proposed development criteria that is required to be
drafted into Zoning Ordinance Amendments to implement the AHOZ.
On September 25, 2013, the General Plan Committee recommended approval to the Planning
Commission and Town Council of the AHOZ Design Guidelines with the newly selected sites
incorporated and the associated development criteria.
Staff has prepared the recommended General Plan Amendment Resolution (Attachment 2),
AHOZ Design Guidelines Resolution (Attachment 8) and Zoning Ordinance Amendments
(Attachments 1, 3 -7) to incorporate the work and recommendations of the General Plan
Committee as directed by the Town Council.
ANALYSIS:
General Plan Committee Reviews:
The General Plan Committee dealt with several issues to formulate its recommendations on the
AHOZ.
• Regional Housing Needs Allocation (RHNA)
Staff previously recommended to Council an AHOZ program that could accommodate up
to 629 units on five sites. The Town's Housing Element, as certified by the State, reflects
an Association of Bay Area Governments (ABAG) assigned RIINA of 562 units with
housing production from 2007 to 2009 of 110 units resulting in a remaining RIINA goal
of 452 units.
In March 2013, staff conducted an in -depth review of Planning and Building approval
records which determined that the Housing Element overestimated housing production by
11 units from 2007 to 2009. However, since 2009, the Town also issued 41 building
permits for new housing units and staff documented another 60 units in building permits
ready to be issued by Summer 2013. Staff was also able to document 14 secondary
dwelling units approved during this housing element period and that these units can be
counted towards the remaining un -met RIINA as low income units. Based on this review
staff documented for the General Plan Committee that the remaining un -met RIINA the
Town is required to address in this Housing Element period is 346 units. At the 20
dwelling units per acre density recommended by the Committee, the five designated
AHOZ sites could accommodate up to 428 housing units and would satisfy the un -met
RIINA in the current Housing Element period
Planning Commission Staff Report - Page 5
AHOZ Amendments /A -12 -003 GP -13 -003
October 9, 2013
• AHOZ Adoption & Implications
In addition to documenting the RHNA and existing housing production as part of the
General Plan reviews, staff contacted the Town's assigned State Housing and
Community Development Department (HCD) reviewer to verify Housing Element
implementation and reporting requirements, and to seek clarification of requirements for
the next Housing Element period (2014- 2022). HCD staff confirmed that, as noted in the
adopted Housing Element, the Town is required to adopt an AHOZ program prior to the
beginning of the next Housing Element period (i.e. before January 1, 2014).
HCD also affirmed that in early 2014, during the next Housing Element Planning Period
(January 2014 thru October 2014), that the Town will need to document how it met its
RHNA obligations for the 2007 -2014 period. If the Town adopts an AHOZ, program in
2013 with the minimum 20 dwelling units per acre, HCD confirmed that credit can be
taken for the documented housing production and that the number of potential AHOZ
sites for planning purposes can be reduced accordingly with documentation for the
remaining RHNA of 346 units. HCD staff also verified that any undeveloped AHOZ
sites from the current Housing Element period would be eligible to be considered to assist
in meeting the requirements for the 2014 -2022 Housing Element and its corresponding
RHNA. ABAG has assigned the Town a RHNA of 619 units for the next Housing
Element period.
If the AHOZ is not adopted with sufficiently unit capacity to address the un -met RHNA
during this Housing Element period that ends in 2013, the un -met RHNA from the
current period is automatically "rolled- over" and included with the RHNA for the next
Housing Element period that begins in January 2014. This would result in a new RHNA
of 965 units for the next housing element period. In addition to planning for this
increased number of housing units, the Town will also be mandated by State law to
actually rezone land of sufficient densities during the first year of the next housing
element period to accommodate the "rolled- over" un -met RHNA. At the Town's highest
density of 20 dwelling units per acre the 346 units would require rezoning an additional
17.3 acres to a high density zoning designation.
® Site Selection
During the Planning Commission and Town Council review of the previously
recommended AHOZ sites in Fall 2012 and January 2013, the residents of the Knowles
Avenue /Capri Drive and Oka Road /Lark Avenue neighborhoods voiced opposition to the
perceived "over- concentration" of affordable housing units in North Los Gatos. These
residents also expressed this continuing concern during the General Plan Committee
review of potential AHOZ sites.
Planning Commission Staff Report - Page 6
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
The AHOZ sites reselected by the Committee which are geographically dispersed in
Town were chosen based on the Housing Sites criteria noted in the housing element:
■ Vacant residentially zoned sites;
• Vacant non - residentially zoned sites that allow residential development;
■ Underutilized residentially zoned sites capable of being developed at a
higher density or with greater intensity; and
■ Non - residentially zoned sites that can be redeveloped for, and /or rezoned
for, residential use (via program actions).
Using these criteria, the Committee selected the following sites:
• The Southbay Development site with 148 potential units is located on
Knowles Drive in North Los Gatos
• The Higgins Business Park and Los Gatos Oaks Apts /Oak Rim sites with
110 potential units are located on Blossom Hill Road in Central Los Gatos
• The Los Gatos Lodge Sites with 170 potential units are located on Los
Gatos Saratoga Road in South Los Gatos.
The Committee selected only the minimum number of sites required to provide sufficient
capacity to accommodate the current un -met RHNA of 346 units given a minimum
density of 20 dwelling units per acre and the parcel size of the available sites that were
viable for an affordable housing development.
• Density
The General Plan Committee was very concerned about complying with the State's
minimum zoning density threshold to be considered feasible for affordable housing
developments (i.e. 20 dwelling units per acre) and did not want to create denser
concentrations that could potentially impair the Town's character. Staff was able to
validate with an experienced non - profit housing development agency that the 20 dwelling
unit per acre threshold is the minimum density required to support the financial viability
of the types of potential affordable housing projects envisioned by the AHOZ.
As requested by many residents who attended and commented during the General Plan
Committee AHOZ meetings since February 2013, the Committee maintained the
proposed AHOZ base density at 20 dwelling units per acre. Ultimately, the Committee
also decided that any density bonus above the 20 dwelling unit density was not consistent
with the desires expressed by Town residents and therefore the Committee recommended
deletion of any potential density bonus as one of the available AHOZ developer
concessions. The deletion of the density bonus concession is reflected in the
Planning Commission Staff Report - Page 7
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
development standards criteria noted in the proposed AHOZ Zoning Ordinance
Amendment (Attachment 1).
0 School Student Generation Rates:
The Town Council asked staff to provide additional school impact information as part of
the General Plan Committee reconsideration of the designated AHOZ sites.
The 2020 General Plan EIR includes student generation rates per housing unit by grade.
These rates were applied to the proposed AHOZ sites as noted in the table below along
with the single family generation rate accepted by the Los Gatos Union School District
and a more conservative yield factor that was presented to the district's Budget Advisory
Committee in 2011. The anticipated student enrollment from the five potential AHOZ
sites is projected to be considerably less than compared to a single family development
with the same number of units on each site.
School Enrollment Information: Preliminary Estimate for AHOZ apartments (20 DU/ac)
Los Gatos
Los Gatos
South Bay
Higgins
Los Gatos
Total
Lodge-
Lodge-
Development
Business
Oaks
Main
Parking
(148 units)
Park
Apts./
Complex
Lot
(64 units)
Oak Rim
(140 units)
(30 units)
(76 units)
25
5
27
12
8
6-8(.048)
7
1
7
3
2
9-12(.076)
11
2
11
5
3
General Plan
Student Rate
43
8
45
20
13
129
Total Students
LGUSD
Referenced Rate
52
11
55
24
17
158
(37) for SF
LGUSD BAC
Suggested Load
60
13
64
28
20
184
Factor (43)
Planning Commission Staff Report - Page 8
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
The state legislature has determined with its enactment of SB50 on August 27, 1998, that the
impact fee is the exclusive method of considering and mitigating impacts on school facilities
resulting from any state or local planning, use, or development of property.
State law further prohibits public agencies from using the California Environmental Quality Act
(CEQA) or any other provision of state or local law to deny approval of a development on the
basis of the proposed project's impacts on school facilities or based on a project applicant's
refusal to provide mitigation in excess of the state statutory fees.
The range of impact fees for the school districts serving the Town is between $2.20 to $3.20 per
square foot of residential development.
Preliminary Traffic Generation Rates
The Town Council asked staff to provide additional traffic information as part of the
General Plan Committee reconsideration of the designated AHOZ sites.
The Town's traffic consultant prepared a preliminary traffic generation rate analysis for
the General Plan Committee with two scenarios for the new AHOZ sites: 1) a base 20
dwelling units per acre density for the AHOZ sites and 2) a 27 dwelling units per acre
density for the AHOZ sites which would be equivalent to the 20 dwelling unit base
density plus a 35- percent density bonus.
The two traffic generation estimates both reflected decreases of in -bound and increases of
out -bound a.m. peak hour traffic and conversely increase of in -bound and decrease of
out -bound p.m. peak hour traffic as a result of the AHOZ program for the designated sites
in comparison to the existing uses. In total, the base 20 d.u. per acre AHOZ program
would result in 13 fewer a.m. peak hour trips and 84 more p.m. peak hour trips than the
existing uses on the five sites. If the Committee had recommend density bonuses on all
five sites, the analysis shows that an additional 67 a.m. peak hour trips and 173 p.m, peak
hour trips would be anticipated.
As part of the General Plan Committee review of the preliminary traffic generation rates,
the Committee asked staff to confirm the peak hour of the public schools near the
proposed AHOZ sites relative to the standard peak hour documented for a typical traffic
analysis. The Town's traffic consultant has confirmed via recent counts that the nearby
public schools have an earlier p.m. peak hour (2:30 -3:30 p.m.) than other surrounding
uses given their regular operating hours which typically end earlier.
Planning Commission Staff Report - Page 9
AHOZ Amendments /A -12 -003 GP -13 -003
i )'Aober 9, 2013
AIIOZ Design Guidelines:
The AHOZ Design Guidelines previously recommended by the Planning Commission have been
revised by the Town's Consulting Architect to reflect the General Plan Committee's
recommendation for the removal of the AHOZ designation for Los Gatos Courthouse and Oka
Road sites, the addition of the Higgins Business Park, Los Gatos Oaks Apartment /Oak Rim, and
Los Gatos Lodge sites, and the establishment of a base 20 dwelling unit density for the AHOZ
sites. Additionally, related illustrations and site development criteria have also been updated to
reflect the new sites (Exhibit A of Attachment 8).
Zoning, Ordinance Amendments:
The following AHOZ criteria are not included in the text of the Design Guidelines or Site
Development Standards but are required to be included as Zoning Ordinance Amendments to
implement the AHOZ Program as required by the Housing Element.
• Site Development Standards
• Unit Affordability Ratios
• Allowable Density Bonus
• Allowable AHOZ Concessions
Site Development Standards
The Site Development Standards proposed for the AHOZ as recommended by the General Plan
Committee are noted in the two tables below:
Table IA (Overlay Zones Development Standards)
Southbay
Development
(APN 424 -32 -077)
40%
30 feet w/
separate
garage;
35 feet w/
integrated
20 0 -1 bedroom: I space
2 -3 bedrooms: 2 spaces
4+ bedrooms: 2.5 spaces
Planning Commission Staff Report - Page 10
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
Los Gatos
40%
30 feet w/
20
0 -1 bedroom: 1 space
Lodge
separate
2 -3 bedrooms: 2 spaces
(APN 529 -24 -032)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Los Gatos
40%
30 feet w/
20
0 -1 bedroom: 1 space
Lodge
separate
2 -3 bedrooms: 2 spaces
(APN 529 -24 -001)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Higgins
40%
30 feet w/
20
0 -1 bedroom: 1 space
Business Park
separate
2 -3 bedrooms: 2 spaces
(APN 529 -16 -071)
garage;
4 +bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Los Gatos
400/,
30 feet w/
20
0 -1 bedroom: 1 space
Oaks Apt.
separate
2 -3 bedrooms: 2 spaces
(APN 529 -16 -042)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Building height is increased to 35 feet for residential products that integrate the garage on the first floor,
underground or is constructed on a parking podium. Additional height increase may be granted through the
Architecture and Site Review Process.
Tandem parking is permitted.
Table 113 (Overlay Zones Development Setbacks)
Southbay 25 ft. from Knowles Avenue property line;
Development 40 ft. from Los Gatos Creek property line;
(APN 424 -32 -077) 25 ft. from Southwest Property Line;
West and internal setbacks to be determined by Architecture and
Site Review process
Planning Commission Staff Report - Page l l
AHOZ Amendments /A -12 -003. GP -13 -003
October 9, 2013
Los Gatos
25 ft. setback from Los Gatos- Saratoga Road property line;
Lodge
20 ft. setback from Los Gatos High School property line ;
(APN 529 -24 -032)
East property line setback adjacent to Bella Vista Avenue
maintained at 360 ft. topographic contour line or 15 ft.
whichever is greater;
20 ft. side & shared property line setbacks unless combined with
adjoining Lodge parking lot parcel; Internal setbacks to be
determined by Architecture and Site Review process
Gatos
25 ft. setback from Los Gatos - Saratoga Road property line;
Lodge
20 ft. setback from Los Gatos High School property line ;
(APN 529 -24 -001)
East property line setback adjacent to Bella Vista Avenue
maintained at 360 ft. topographic contour line or 15 ftff,
whichever is greater;
20 ft. side & shared property line setbacks unless combined with
adjoining Lodge main complex parcel; Internal setbacks to be
determined by Architecture and Site Review process
Higgins
15 ft. side & shared property line setback adjacent to Oak Rim
Business Park
site (unless combined with adjacent parcel);
(APN 529 -16 -071)
10 ft. setback from Highway 17 property line;
East property line setback to be based on future geologist's
report.
East property line setbacks and internal setbacks to be
determined by Architecture and Site Review process
Los Gatos
15 ft. side & shared property line setback adjacent to Higgins
Oaks Apt.
site (unless combined with adjacent parcel);
(APN 529 -16 -042)
10 ft. setback from Highway 17 property line;
25 ft. front setback on Blossom Hill Road;
Internal slope setbacks based on future geologist's report;
Internal setbacks determined by Architecture and Site Review
process
Unit Affordability Ratios
The following table reflects the previous affordability recommendations for the Southbay site
and the recommendations for the four (4) new sites. As previously noted in the proposed zoning
ordinance amendment to implement the AHOZ program, if the adjusted RHNA units are being
achieved for a particular income category, the Town Council may modify the affordability ratios
upon recommendation of the Planning Commission and the applicant's ability to demonstrate
that a ratio is not financially feasible.
Planning Commission Staff Report - Page 12
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
Developer Concessions
The State Density Bonus Program allows up to three (3) concessions as an incentive when a
development provides a prerequisite percentage of affordable units. To make the AHOZ
Program more attractive than the State Density Bonus Program, the AHOZ was prepared with
the developer being able to request up to four concessions from the Town Council from the
following list:
Financial Concessions
• Waiver or deferral of planning and engineering application fees (but not Town consultant
fees)
• Waiver or deferral of building plan check and inspection fees
• Waiver or deferral of construction mitigation fee
Processing Concessions
• Pre - application conferences
• Priority application processing
• Priority plan check processing
Develooment Standards Concessions
• Parking Reduction: 1 space per unit for senior, person with disabilities and developments
within' /4 mile of the proposed Vasona Light Rail Station
• Allow an increase of lot coverage up to a 50% maximum
• Allow up to a 50% Setback reduction (maximum of two property line setbacks)
These concessions have been incorporated into the recommended Zoning Ordinance Amendment
in Exhibit 1.
General Plan Amendment:
The designated AHOZ sites are currently listed in the General Plan Housing Element Technical
Appendix Housing Sites Inventory on Table 6 -1 and Figure 6 -1 map. An amendment (Exhibit 2)
is required to reflect the deletion of the AHOZ designation from the Los Gatos Courthouse and
Oka Road sites and to reflect the addition of the newly recommended AHOZ sites.
Planning Commission Staff Report - Page 13
AHOZ Amendments /A -12 -003. GP -13 -003
October 9, 2013
Addendum EIR Analysis:
The proposed revisions to the AHOZ, which include lower densities, reduced units, deletion of
sites, better geographic distribution, and designation of new sites recommended by the General
Plan Committee, results in fewer units and potentially less impacts than what was previously
considered under the 2010 General Plan EIR.
Pursuant to Section 21166 of the California Environmental Quality Act (CEQA) and Section
15162 of the State CEQA Guidelines, after an EIR has been certified for a project, if some minor
technical changes to the previously certified EIR are necessary, preparation of an Addendum to
the FIR is appropriate. A supplemental EIR is not required unless there is substantial evidence
that modifications to the project would substantially increase the severity of the impacts
identified in the previous EIR. Under CEQA, "substantial evidence" includes facts, reasonable
assumptions predicated upon facts, and expert opinion supported by facts.
As determined through the detailed analysis of the Initial Study checklist in Chapter 11 of the
Addendum EIR (Exhibit 10), the approval of the AHOZ would not involve new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects beyond those already identified in the certified Final EIR.
fi0A DETERMINATION:
No significant environmental impacts have been identified as a result of this project and an
Addendum to the 2020 General Plan EIR was prepared (Exhibit 10). The Technical Appendix of
the Addendum was not included in this report due to its extensive volume, and is available for
review upon request. The proposed AHOZ is considered changes or additions to the project
analyzed in the 2020 General Plan EIR. However, the adoption of AHOZ and modification to
the AHOZ sites and densities would not result in new potentially significant impacts beyond
those identified in the 2020 General Plan EIR that was certified by the Town Council (see full
analysis in the EIR Addendum). Therefore, pursuant to CEQA, an Addendum to the FIR was
prepared.
The deciding body should determine that: (1) a Final FIR for the Los Gatos General Plan 2020
was certified and adopted by Town Council on September 20, 2010; and, (2) based on the
analysis in the Appendix G Checklist in the Addendum, adoption and implementation of the
AHOZ would not create any new or significant environmental impacts studied in the Los Gatos
General Plan 2020 FIR; and, (3) since the time that Council certified the FEIR in 2010, some
changes or additions are necessary, but none of the conditions described in Section 15162
requiring preparation of a subsequent EIR have occurred.
Planning Commission Staff Report - Page 14
AHOZ Amendments /A -12 -003, GP -13 -003
October 9, 2013
PUBLIC COMMENTS:
The public have been extensively involved with the General Plan Committee's reconsideration of
the AHOZ and members of the public have participated at every meeting. The majority of the
public concerns have related to the following:
• The Town's ability to change the RHNA mandates
• Geographic distribution of proposed AHOZ sites
• Limiting densities to the minimum required by State HCD
• Potential impacts to local school enrollments
• Potential impact to roads or increased traffic
• Notification of nearby neighborhoods
No additional correspondences outside of the General Plan Committee meetings noted have been
received.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The AHOZ meets the Town's goals of the achieving compliance with the RHNA; could
provide quality mixed income residential development; and is consistent with the Town's
recently adopted and state Certified Housing Element. The GPC spent considerable time
thoroughly analyzing and discussing the new sites, development standards, affordability
ratios, incentives, and architecture and site guidelines. Based on its extensive review and
modifications, the GPC ultimately unanimously recommended approval to the Planning
Commission and Town Council
B. Recommendation
Staff recommends the following actions:
1. Make the required findings (Exhibit 9),
2. Forward a recommendation to the Town Council for approval of General Plan
Amendment GP- 13.003 (Exhibit 2),
3. Forward a recommendation to the Town Council for approval of Zoning Code
Amendment A- 12-003 (Exhibit 1),
4. Forward a recommendation to the Town Council for approval of the five ordinances
applying the AHOZ to five sites listed in this report (Exhibits 3 through 7),
Planning Commission Staff Report - Page 15
AHOZ Amendments /A -12 -003, GP -13 -003
October 9. 2013
Forward a recommendation to the Town Council for approval of the resolution
approving the Affordable Housing Overlay Zone Design Guidelines (Exhibit 8),
Forward a recommendation to the Town Council for approval of the Addendum to
the General Plan Environmental Impact Report (EIR) (Exhibit 10).
Prepared by: Z
Erwin Ordonez
Senior Planner
Approved by:
Sandy L. Baily
Director of Community Development
N:ADEV\PC REPORTS\2013WHOZ Code &CPA PCRpt 10- 9- 2013 -doe
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