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PresentationSmall Town Service ~ Community Stewardship ~ Future Focus Albright Ballot Measure Los Gatos Town Council March 3, 2014 Small Town Service ~ Community Stewardship ~ Future Focus BACKGROUND •Albright approved August 2011; Rescinded •Modified Albright approved June 2013 •Legal challenges denied; Appeals pending •Ballot measure petitions circulated, submitted •Feb. 3 Town Council Meeting: –Certified sufficient signatures submitted –Heard settlement offers –Directed § 9212 Report –Established Ad Hoc Committee for Town Measure Small Town Service ~ Community Stewardship ~ Future Focus §9212 REPORT •Priority work to be completed by March 3 •Council specified issues and questions •Proposals solicited from 3 Bay Area firms •Selected LSA based on: –Land use experience and prior §9212 work –Staff capacity and References –Independence – No prior Los Gatos engagements •No 3rd party contacts except re: Netflix lease Summary of Elections Code Section 9212 Report Albright Specific Plan Initiative March 3, 2014 LSA Associates, Inc., Berkeley Judith Malamut, AICP, Principal Adam Weinstein, AICP, Associate Agenda •Report objective •Research approach •Project similarities •Project differences Report Objective Provide a fair, impartial, and factual analysis of the planning policy, fiscal, infrastructure, land use, and other implications of the Albright Specific Plan Initiative, including: •Detailed, side-by-side comparison of 2013 Project and Albright Specific Plan Project •Answers to questions raised by Town Council on February 3, 2014 Research Approach 1.Understand all elements of previously-approved (June 2013) Project, as modified by Town Council (including PD overlay, Architecture and Site Plans, Conditions of Approval, and Final EIR) 2.Identify physical development and procedural elements of the Initiative (including ballot measure and Specific Plan) 3.What is net difference -- in terms of physical development, fees, and planning procedures? 2013 Project Specific Plan Project Physical Features Feature 2013 Project Specific Plan Net Change? Office and R&D Space 485,000 sq. ft. 485,000 sq. ft. No Permitted Uses Office, light manufacturing, office-serving uses Office, light manufacturing, office-serving uses No Maximum Number of Buildings 4 4 No Building Height Buildings 1 & 4 = 50 feet Buildings 2 & 3 = 65 feet Parking Garage = 35 feet Buildings 1 & 4 = 50 feet Buildings 2 & 3 = 65 feet Parking Garage = 35 feet No Maximum Lot Coverage 50% 50% No Elevated Walkways No Yes, but square footage not specified YES Proposed Parking 1,824 spaces 1,835 spaces YES (+11 spaces) Signage No signage visible from freeway No signage visible from SR 85 YES Fees Fee 2013 Project Specific Plan Net Change? Traffic Impact Mitigation Fee $149,280 $149,280 No Lark/University Traffic Signal Payment $184,089.52 $184,089.52 No School Impact Fees Yes, required (estimated at $247,350) Yes, required (estimated at $247,350) No Community Benefit $1 per square foot of new office/R&D and dirt from the site for improvements to the Los Gatos Creek Trail. Up to $485,000 $1 per square foot of new office/R&D and dirt from the site for improvements to the Los Gatos Creek Trail. Up to $485,000 No Entitlements/Approvals Entitlement/Approval 2013 Project Specific Plan Net Change? Subject to Town Ordinances? Yes Yes No Authority to make changes to Specific Plan (except as detailed below) Town Council Voters until 2021, then Town Council YES Major changes to approved uses (e.g., the addition of residential uses) Town Council Voters until 2021, then Town Council YES Significant changes (e.g., increased height, reduced open space/landscaping, circulation changes) Town Council Planning Commission, appealable to Town Council YES Minor changes consistent with approved project (e.g., substitution of plant species in Landscape Plan) Town Staff Town Staff No Interpretations consistent with approved project (e.g., interpretation/definition of office uses) Town Staff Town Staff No Implementation of approved project Town Staff Town Staff No Building Permit review and issuance Town Staff Town Staff No CEQA Review Yes (EIR prepared) None required for voter initiative YES QUESTIONS Small Town Service ~ Community Stewardship ~ Future Focus Settlement Agreement •Agreed to by litigation Plaintiffs and Defendants •Key Terms: –Specific Plan conformance to 2013 Council approval –Elevated walkways/bridges to go through A&S –Payment of legal and election costs –Payment of additional $350 k for nearby enhancements –All lawsuits and pending appeals dismissed –Limited non-opposition to approved project –No Town-sponsored ballot measure •Clarification letter issued by all counsels today Small Town Service ~ Community Stewardship ~ Future Focus Town-Initiated Ballot Measure •Ad Hoc Committee (Leonardis and Spector) –Met twice with Town Attorney and Town Manager •Impossible to place 2013 Approval on ballot •Considered amending Petition Ballot Measure –Require approval of elevated walkways/bridges –Ensure no freeway visible signage –Confirm established administrative review process –Remove cap on Community Benefit fees •Any Town ballot measure subject to legal risks •Settlement precludes Town ballot measure now Small Town Service ~ Community Stewardship ~ Future Focus BALLOT ARGUMENTS & POSITIONS •300 word Statements For/Against due 3/11 250 word Rebuttals For/Against due 3/18 Order of selection specified by State law •Council may authorize argument submission –Only 1 or 2 Council members may write –Any Council member may sign, but may not edit •Council may take position on ballot measures •Settlement precludes Town opposition Small Town Service ~ Community Stewardship ~ Future Focus RECOMMENDATIONS 1.Accept 9212 Report 2.Adopt resolution calling Special Election 3.Approve Settlement Agreement ALTERNATIVES: Reject proposed Settlement Agreement 4.Direct preparation of Town ballot measure 5.Consider ballot arguments and Town positions Call Special Meeting to consider on March 5