AddendumCOUNCIL AGENDA REPORT
MEETING DATE: 09/02/14
ITEM NO: 11
ADDENDUM
DATE: AUGUST 29, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: NORTH FORTY SPECIFIC PLAN, GENERAL PLAN AMENDMENT GP -14-
001, ZONING CODE AMENDMENT Z -14 -001, AND ENVIRONMENTAL
IMPACT REPORT EIR -10 -002. PROJECT LOCATION: THE PLAN AREA
COMPRISES APPROXIMATELY 44 ACRES LOCATED AT THE
NORTHERN EXTENT OF THE TOWN OF LOS GATOS, BORDERED BY
STATE ROUTE 17 AND STATE ROUTE 85 FREEWAYS TO THE WEST
AND NORTH, LOS GATOS BOULEVARD TO THE EAST AND LARK
AVENUE TO THE SOUTH. APN 424 -07 -009, 010 024 THROUGH 027 031
THROUGH 037, 052 THROUGH 054, 060, 063 THROUGH 065 070 081
THROUGH 086, 090, 094 THROUGH 096, 099 100 424 -06 -115 116 AND
129. PROPERTY OWNERS: THOMAS & MIYOKO YUKI HERBERT &
BARBARA YUKI, ETPH LP, WILLIAM MATTES PETER BRUTSCHE
WILLIAM FALES. WILLIAM HIRSCHMAN, ELIZABETH DODSON
PATRICIA CONNELL, HANS MATTES, TAK PETROLEUM DEWEY
VENTURA, ALEXANDER & BETTY MOISENCO LUCY DAGOSTINO
ROBERT & GEORGIANNA SPINAZZE, MARIANNE EZELL LOS GATOS
MEDICAL OFFICE CENTER, LLC. APPLICANT: TOWN OF LOS GATOS.
A. CONSIDER CERTIFICATION OF AN ENVIRONMENTAL IMPACT
REPORT, ADOPTION OF A MITIGATION MONITORING AND
REPORTING PROGRAM, AND ADOPTION OF FINDINGS OF FACT
AND STATEMENT OF OVERRIDING CONSIDERATIONS.
B. CONSIDER ADOPTION OF THE NORTH FORTY SPECIFIC PLAN.
C. CONSIDER ADOPTION OF GENERAL PLAN AMENDMENTS.
D. CONSIDER ADOPTION OF AN ORDINANCE EFFECTING A ZONING
CODE AMENDMENT.
PREPARED BY: LAUREL R. PREVETTI RU4.
Assistant Town Manager ir�f Community Development
Reviewed by: N/A Assistant Town Manager own Attorney Finance
NMEV \TC REPORTS \2014 \N40TC9- 2- 14Addendum.doc Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-001 /Z- 14-001 /EIR- 10-002
August 29, 2014
DISCUSSION
Staff has received several inquiries from Council Members. This Addendum responds to these
questions and transmits additional correspondence received since the distribution of the staff
report on August 28, 2014.
Planning Commission recommendation to "preserve bicycle and pedestrian connection
opportunities" -- what does this mean?
The intent of this recommendation is to preserve the opportunity for a bridge that could connect
the North 40 to the Los Gatos Creek over Highway 17. This would involve preserving land for
possible bridge footings on the North 40.
Do green bike lanes mean something other than just being a different color?
Yes, green bike lanes must be at least 5 feet wide by industry standards.
What are legal restraints on designating senior housing? I think there was some court
decision involving the City of American Canyon that limited what cities can do?
The Fair Housing Act (FHA) protects all residents from discrimination on the basis of race,
color, national origin, religion, sex, handicap or familial status (families with children under the
age of 18 living with parents or legal guardians; pregnant women and people trying to get
custody of children under 18).
Although the FHA was amended in 1988 to prohibit discrimination on the basis of disability and
familial status, Congress intended to preserve housing specifically designed to meet the needs of
senior residents. Housing that meets the FHA definition of housing for older persons is exempt
from the law's familial status requirements provided that:
-The U.S. Department of Housing and Urban Development (HUD) has determined that
the dwelling is specifically designed for and occupied by elderly persons under a Federal,
State or local government program; or
•It is occupied solely by persons who are 62 or older; or
•It houses at least one person who is 55 or older in at least 80 percent of the occupied
units, and adheres to a policy that demonstrates intent to house persons who are 55 or
older.
Therefore, housing that satisfies the legal definition of senior housing or housing for older
persons described above, can legally exclude families with children if so configured in
compliance with the above regulations.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001/EIR -10 -002
August 29, 2014
The court in Waterhouse v City of American Canyon found the City violated the FHA because
the ordinances forced plaintiffs to discriminate based on the mobile home park's status as a
senior park even though plaintiffs had not met the requisite criteria to qualify for the older -
persons exemption under the FHA. The City failed to show an intent to provide housing for
persons fifty -five or older, as required by U.S.C. 3607(b)(2)(C). Without that intent, plaintiffs
could not possibly qualify for the senior housing exemption and therefore any discrimination
based on familial status was blatantly illegal. The court granted injunctive relief to plaintiffs,
enjoining the applicable ordinances for violation of Sections 3604(a), 3604(b), 3613(c)(1), 3615,
and 3617 of the FHA.
Planning Commission (PC) recommendation states that a school site would not come out of
580,000 square feet of non - residential -- would it come out of residential or be additional
square feet above maximum?
The intent of this recommendation was to create an incentive for a developer to build a school by
not decreasing the available square footage for commercial development. The square footage of
a school would be additional to the square footage for private development.
PC recommendation to rescind height exception after a Conditional Use Permit (CUP) is
granted is not clear: what does this mean and how it would work?
As staff understands this recommendation, the Planning Commission was intending to ensure
that any height exception did not run with the land. For example, if one development received a
CUP approval for a height exception and many years later, a replacement project was proposed,
then a new CUP would be required so the deciding body at that time could determine if increased
heights were still appropriate.
Page 2 -8 of the Specific Plan has a chart requiring CUPs for schools — does the Town have
authority to do CUP for a public school?
Government Code Section 53094 states that school districts retain the right to exempt themselves
from local zoning ordinances. Thus, by a two- thirds vote, the governing board of a school district
may exempt itself from a city's or county's zoning ordinances. The only basis upon which the
claim of exemption may be blocked would be a judicial declaration that the school board's action
was "arbitrary and capricious." City of Santa Clara v. Santa Clara Unified Sch. Dist., supra, 22
Ca1.App.3d 152.
Page 2 -12 - section b. Can the wording be clarified?
The Specific Plan proposes that at least 30% of the North 40 be in open space uses. Open Space
Standard b is intended to ensure that this open space is distributed across the entire site. The
Council may consider the proposed rewording below for this standard:
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
August 29, 2014
A minimum
of 30% open space shall be provided across the entire Specific Plan Area. To ensure that
open space is distributed throughout the Specific Plan Area each application or group of
applications would need to have a minimum of The 30% open space reqt4reffient shall e
for eaeh applioation or- group of applioations.
Page 2 -2 LU -8 -- does this size conference /event space meet Town's unmet needs? Why not
have it larger, for example 300 - 350,000 square feet?
The Market Study (contained in Appendix K of the EIR within Attachment 1) identified the need
for conference space for over 250 participants. Council may increase the size of
conference /event space to meet the needs of larger events. Staff is examining the North 40 EIR
to ensure environmental clearance has been provided for larger conference space and will update
the Council either in a Desk Item or at the Council meeting on September 2, 2014.
Page 2 -26, 2.6.7b - Are there examples of retail above 50,000 square feet that would be
eliminated? Are there retailers in the 50,000- 100,000 square feet category?
Retailers who prefer stores larger than 50,000 square feet would be precluded from the North 40.
Retailers in the 50,000 to 100,000 square feet include grocery stores. Retail is changing very
rapidly and some retailers are looking at smaller size stores to enter desirable markets with
strong buying power. The Town of Los Gatos may be able to attract such retailers given the
Town's demographics.
On page 3 -20 of the North 40 EIR, the following appears:
"The portions of the Plan Area planted in orchard are designated as Unique
Farmland (California Department of Conservation 2010). The Town of Los Gatos
2020 General Plan EIR concluded that the loss of this Unique Farmland is a
significant and unavoidable impact (Town of Los Gatos 2011, page 2 -8) and the
Town Council adopted a statement of overriding considerations finding that the
benefits of development on this land will outweigh the significant and unavoidable
environmental impact..."
Please clarify what is meant by "Town of Los Gatos 2011" and where I can find page 2 -8.
Similarly, please provide a copy of the aforementioned "statement of overriding
considerations."
The Final EIR for the 2020 General Plan can be found at: http://town.los-
atos ca us/ documents /8/12 /209 /LosGatos %202020 %20FEIR Complete %20Report.PDF Page
2 -8 of that link is part of Table 2 -1 which is the summary table of impacts including the
Significant Unavoidable Impact to Unique Farmland.
Attachment 19 contains the resolution for the General Plan and its EIR. The Statement of
Overriding Considerations is in Section II of Exhibit A in the attached Resolution.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
August 29, 2014
The N.40 Draft EIR "urban decay" section, pp. 3 -134 - 3 -148, refers throughout to BAE
Urban Economics 2013. Where is that? The Appendix to the EIR is a BAE Market
Analysis prepared in 2011 (Appendix I).
Appendix K has three parts. The first section is the Market Analysis dated August 2011 and it is
approximately 150 pages. The second part is the Urban Decay Draft dated November. 18, 2013
(approximately 100 pages) which shows text changes. The third part is the Urban Decay
Analysis dated November 20, 2013. The pages referenced refer to the third part of the
Appendix. Appendix K can be found on the North 40 website:
bZ:// www .losgatosca.gov /1729/North -40- Specific -Plan under Draft EIR and Appendices.
When there are multiple EIRs which cover a single property, are they each reviewed
independently -- i.e., do they get a de novo review? Or is the deciding body bound by
findings, mitigation measures, overriding considerations, conclusions, etc., that were made
with respect to past EIRs?
The General Plan EIR has been certified by the Town Council and included the adoption of a
Statement of Overriding Considerations. This EIR is complete and final under CEQA.
The Town may tier off of the GP EIR for subsequent environmental review. The North 40 EIR
does this. In the Council's review of the North 40 EIR, it is appropriate to consider the analysis,
mitigation measures, findings, and any statements of override on the merits of the North 40 EIR.
The Council is not bound by the General Plan EIR findings; however, it is not a de novo hearing
on the General Plan EIR where those findings could be modified.
Attachments (Previously received on April 4 2014)
1. Draft Environmental Impact Report (btti)://www.losgatosca.gov/N40DEIR)
Attachments (Previously received on July 11 2014)
2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program
(http://www.losgatosca.gov/N40FEIR)
3. Public Hearing Draft North Forty Specific Plan (Note: The complete Specific Plan including
appendices is also available online at: httn: / /www.losgatosca.gov/N40SP)
Attachments (Previously received on August 22 2014):
4. Report to the Planning Commission for the meeting of July 23, 2014 (excluding Exhibits 5 &
6)
5. Desk Item Report to the Planning Commission for the meeting of July 23, 2014
6. Desk Item 2 Report to the Planning Commission for the meeting of July 23, 2014
7. Report to the Planning Commission for the meeting of August 13, 2014
8. Desk Item 3 Report to the Planning Commission for the meeting of August 13, 2014
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
August 29, 2014
Attachments (Previously received on August 28, 2014):
9. Verbatim minutes from the August 13, 2014 Planning Commission meeting (141 transcribed
pages)
10. Public Comment received through 11:00 a.m. Thursday, August 28, 2014
11. Detailed Planning Commission recommendations on the North Forty Specific Plan from their
August 13, 2014 meeting (six pages)
12. Draft findings (one page)
13. Memorandum from the Town Attorney (four pages)
14. Draft Resolution certifying the Environmental Impact Report (EIR -10 -002), adopting the
Mitigation Monitoring and Reporting Program, and adopting the Findings of Fact and
Statement of Overriding Considerations, including Exhibit A.
15. Draft Resolution for the adoption of the North Forty Specific Plan
16. Draft Resolution adopting General Plan Amendments of the Town's General Plan (GP -14-
001), including Exhibit A.
17. Draft Ordinance effecting a Zoning Code Amendment of the Town Code (Z -14 -001),
including Exhibit A.
18. Planning Commission Recommendations for Text Changes to the North 40 Specific Plan
(four pages)
Attachments received with this Addendum:
19. Resolution 2010 -091: Resolution of the Town Council of the Town of Los Gatos
Recommending Certification of the Environmental Impact Report and Adoption of the 2020
General Plan (includes Exhibit A)
20. Public Comment received from 11:01 a.m. Thursday, August 28, 2014 through 11:00 a.m.
Friday, August 29, 2014
Distribution
cc: Grosvenor Americas, Attn: Steve O'Connell, 1 California St, Ste. 2500, San Francisco CA 94111
Summerhill Homes, Attn: Wendi E. Baker, 3000 Executive Pkwy, Ste. 450, San Ramon CA
94583
LRP:JSP:cg
RESOLUTION 2010 -091
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECOMMENDING
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF THE 2020
GENERAL PLAN.
WHEREAS, the Town of Los Gatos has prepared the 2020 General Plan to enhance General Plan 2000 in the
four focus areas of parks and recreation, environment and sustainability, youth needs, and senior needs, along with the
Environmental Impact Report (FIR); and
WHEREAS, the implementation of the 2020 General Plan is intended to preserve the small town character of
Los Gatos, enhance the community vision established in the 2000 General Plan and support a sustainable community;
and
WHEREAS, the 2020 General Plan establishes goals, policies and actions to maintain and achieve these desir-
able attributes; and
WHEREAS, pursuant to Government Code section 65351, numerous opportunities were provided for the in-
volvement of citizens, public agencies, public utilities, and various civic groups through, among other things, through the
meetings of the General Plan Advisory Committee and the General Plan Committee over a two -year period; and
WHEREAS, pursuant to Government Code section 65352, the Draft 2020 General Plan and the Draft EIR
were circulated to all applicable public agencies and interested civic groups; and
WHEREAS, under the provisions of the California Environmental Quality Act (CEQA) and the CEQA
Guidetiaes, the Town of Los Gatos prepared responses to comments on environmental issues, which responses clarify
or correct information contained in the Draft EIR, providing good -faith reasoned analysis supported by factual infor-
mation, and the comments and responses thereto were prepared and published in a Final Environmental Impact Report
("Final EIR'); and
WHEREAS, under the provisions of the Government Code and the California Environmental Quality Act,
the Planning Commission conducted duly noticed public hearings regarding certification of the Final EIR and adoption
of the General Plan on June 23 and 30, 2010, and recommended that the Los Gatos Town Council certify the Final EIR
and adopt the 2020 General Plan; and
WHEREAS, the Planning Commission recommended adoption of the 2020 General Plan, and the Los Gatos
Town Council considered all recommendations made by the Planning Commission; and
WHEREAS, the Los Gatos Town Council conducted duly noticed public hearings and received public testi-
mony about the 2020 General Plan and the Environmental Impact Report (EIR) on August 2, August 16, August 18 and
September 20,2010; and
WHEREAS, on September 20, 2010, the Los Gatos Town Council found that the Final EIR for the 2020
General Plan as recommended for certification by the Planning Commission, was prepared in compliance with the Cali-
fornia Environmental Quality Act and guidelines and is complete;
THEREFORE, BE IT RESOLVED: The Los Gatos Town Council certifies the Final Environmental Im-
pact Report (Final FIR) subject to the Findings and Statement of Overriding Considerations in Exhibit A, attached here-
to;
ATTACHMENT 19
FURTHER RESOLVED: The Los Gatos Town Council finds that the 2020 General Plan is consistent with
the goals of the community and that all proceedings have been conducted in compliance with the provisions of Gov -
erament Code Section 65350 et seq.
FURTHER RESOLVED: The Los Gatos Town Council adopts the 2020 General Plan dated September
2010.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California,
held on the 20th day of September, 2010 by the following vote:
COUNCIL MEMBERS:
AYES: Joe Piriynaki, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
MAYOROF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
CL MINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
TABLE OF CONTENTS
SECTION I. CEQA TOWN OF LOS GATOS 2020 GENERAL PLAN EIR STATEMENT OF FIND-
INGS
1.0 Introduc tion ................................................................................................................................................ ............................... 1-1
2.0 Purpose and Background ............................................................................................................................ ............................ 1 -2
3.0 General Findine s ......................................................................................................................................... ............................... 1 -5
4.0 Findings Regarding Less- Than - Significant Impacts ............................................................................ ............................... 1 -9
5.0 Findings Regarding Significant Unavoidable Impacts ........................................................................ ............................... 1 -9
6.0 Findings Related to Cumulative Impacts ........................................................................................... ............................... 1 -12
7.0 Findings Regarding Monitoring of Mitigation Measures ......... .............................
.... ___ .................................................. 1 -13
8.0 Findings Regarding Alternatives ............................................................................... ............................... ............................113
9.0 Growth - Inducing Impacts ......................................................................................................................... ...........................1 -17
SECTION II. TOWN OF LOS GATOS GENERAL PLAN 2020 STATEMENT OF OVERRIDING CON-
SIDERATIONS
1.0 Statement of Overriding Considerations
;_
ofAttnehment 1 9
EXHIBIT A
SECTION I
THE TOWN OF LOS GATOS 2020 GENERAL PLAN EIR
STATEMENT OF FINDINGS
1.0 INTRODUCTION
Section 1.1 of this document provides a description of CEQA Statute s and Regulations regarding findings related to a
project Section 1.2 provides a description of the public review process that has lead decision makers to their conclu-
sions regarding this proposed 2020 General Plan. Section 2.0 presents the purpose and background of the project, in-
cluding a Project Description to familiarize the reader with the 2020 General Plan and to provide the context upon
which these Findings are based. Section 3.0 of this document presents the substantiation for certification of the Final
EIR. The Findings in Section 4.0 relate to those impacts that have been determined to be less than significant Section
5.0 contains Findings for impacts that are considered significant and unavoidable. Section 6.0 contains the Findings for
cumulative impacts, and Section 7.0 contains Findings regarding monitoring of mitigation measures. Section 8.0 con-
tains Findings regarding the alternatives to the proposed 2020 General Plan. Section 9.0 contains Findings for growth-
inducing impacts. The Statement of Overriding Considerations in contained in Section II of this document.
1.1 Califomia Environmental Quality Act
The Califonua Environmental Quality Act ("CEQA ") (Public Resources Code Sections 21 00 0 - 21 1 7 7) and the State
CEQA Guidelines (Cal. Code of Regulations, Title 14, Sections 15000- 15387) require that specific findings be made if a
lead agency decides to approve a project which will have significant impacts. Section 21081 of the California Public Re-
sources Code states:
Ko public agency shall approve or carry out a project for which an Environmental Impact Report has been cet-
tified which identifies one or more significant effects on the environment that would occur if the project is ap-
proved or carried out unless both of the following occur:
(a) The public agency makes one, or more, of the following findings with respect to each significant effect:
(1) Changes or alterations have been required in, or incotporated into, the project which mitigate or
avoid the significant effects on the environment.
(2) Those changes or alterations are within the responsibility and jurisdiction of another public agency
and have been, or can and should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, or other considerations, including considerations for
the provision of employment opportunities for highly trained workers, make infeasible the mitiga-
tion measures or alternatives 'identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a),
the public agency finds that specific overriding economic, legal, social, technological, or other bernefits of
the project outweigh the significant effects on the environment."
The Environmental Impact Report ("EIR ") for the Town of Los Gatos 2020 General Plan (State Clearinghouse No.
2009032078) identifies significant or potentially significant environmental impacts, which, prior to mitigation as well as
after mitigation implementation, may occur as a result of implementation of the Town of Los Gatos 2020 General Plan
("General Plan'). Thus, in accordance with the provisions of CEQA Statute and the State CEQA Guidelines, the Town
of Los Gatos, as the "lead agency" hereby adopts these Findings.
1.2 Environmental Review Process
Design, Community & Envimument Town of Los Gatos 2020 General Plan
1I -1 Findings of Fact and Statement of Overriding Considerations
In conformance with CEQA Statute and the State CEQA Guidelines, the Community Development Department of the
Town of Los Gatos conducted an environmental review of the proposed 2020 General Plan. The environmental review
process has included the following.
Initial Study /Scoping Process:
The Community Development Department of the Town of Los Gatos prepared a Notice of Preparation (NOP)
and Initial Study for the proposed CEQA Project in accordance with Section 15082 of the CEQA Guidelines. The
NOP was distributed for public review on Mardi 23, 2009. Environmental issues raised by comments received in
response to the NOP during its 30 -day public review period were considered for inclusion in the Draft EIR. Public
and agency comments receive on the NOP were reviewed and incorporated into the Draft EIR_
Pursuant to Section 15060(C) of the CEQA Guidelines, and Section 21083.8 of the State CEQA Statute, the Com-
munity Development Department of the Town of Los Gatos proceeded with preparation of an EIR. The Draft
EIR addressed environmental impacts in the following categories:
♦ Aesthetics
♦ Air Quality
♦ Biological Resources
♦ Cultural Resources
♦ Geology, Soils and Seismicity
♦ Greenhouse Gas Emissions
♦ Hazards and Hazardous Materials
♦ I3ydrology and Water Quality
♦ Land Use and Planning, including Agricultural Resources
♦ Noise
♦ Population, Housing and Employment
♦ Public Services and Recreation
♦ Transportation and Circulation
♦ Utilities and Infrastmctate
During the scoping process, the mineral resources category was eliminated from the analysis in the Draft EIR since
known mineral resources ate not significant within die Town.
♦ Preparation of a Draft EIR by the Community Development Department of the Town of Los Gatos:
The Draft EIR was distributed to Responsible Agencies, other affected agencies, and interested parties. The Notice
of Completion (NOC) of the Draft EIR was distributed as required by CEQA, including publication in the local
newspaper. A 45-day public review period commenced on March 10, 2010 and concluded on April 26, 2010. Dur-
ing the public review period, the Draft EIR, including appendices, was made available and circulated for public re-
view.
♦ Public Hearings on the Draft 2020 General Plan and EIR:
A public hearing was held by the Town of Los Gatos Planning Commission on April 21, 2010 to receive public
comment on the Draft EIR. The lead agency responded to all questions submitted verbally or in writing in the Fi-
nal EIR and subsequent memorandums.
♦ Preparation of the Final EIR:
Pursuant to Public Resources Code Section 21092.5, the Town prepared the Final EIR in response to comments on
the Draft EIR, The Final EIR contains the following: refinements and clarifications to the Draft EIR, written
comments received on the Draft EIR; responses to those comments; and testimony presented to the Planning
Commission and responses thereto. The Final EIR was issued on June 16, 2010.
2.0 PURPOSE AND
Design, Community & Environment Town of Los Gams 2020 General Plan
1I -2 Findings of Fact and Statement of Overriding Considerations
2.1 Description of the Project
These findings relate to the project, the Town of Los Gatos 2020 General Plan. The project includes all of the Town of
Los Gatos within the town limits and land within its Sphere of Influence (SOI).
The Town of Los Gatos is a 14- squate -mile community located in the southwestern area of Santa Clara County com-
monly referred to as Silicon Valley. Los Gatos is positioned in the southeast foothills of the Santa Cruz Mountains, ap-
proximately 25 miles east of the Pacific Ocean and 43 nvles south of San Francisco.
The Draft 2020 General Plan is the basis for the Town's land use and development policy; representing the basic com-
munity values, ideals and aspirations governing development and conservation in Los Gatos through the year 2020. The
Draft 2020 General Plan addresses all aspects of development including ]and use, community character, transportation,
housing, public facilities, infrastructure, parks and open space, among other topics.
California Government Code Section 65300 requites the General Plan to be comprehensive and internally consistent.
The General Plan must provide long -term guidance for the community. The General Plan must address all issues speci-
fied by State law and can be organized in a way that is most appropriate for the Town of Los Gatos.
The proposed Draft 2020 General Plan carries forward the majority of General Plan 2000 and also includes: a revised
General Plan structure with new goals, policies and actions focusing on parks and recreation, youth needs, senior needs
and environment and sustainability; and a comprehensive update to the Town's Housing Element, in compliance with
Government Code Section 65588.
It should be noted that the Draft 2020 General Plan proposes few changes to the land use designations as specified in
the General Plan 2000 and subsequent amendments thereto. The 2020 General Plan goals, policies, and actions address
buildout conditions within the Town and aims to accommodate anticipated population growth. There are approximately
28,800 residents currently located within the Town of Los Gatos.
The overall objectives of the Draft 2020 General Plan we to ensure that Los Gatos:
♦ Maintains the small town character of the Town.
♦ Is a full- service community that is also environmentally sensitive.
♦ Maintains a balanced, well- designed mix of residential, commercial, service and open space uses, fostering a pedes-
niart- oriented community consistent with a small town character.
♦ Maintains and expands existing park and open space land to maintain and enhance quality of life and promote sus -
tainability, or the long -term well-being of die environment and community.
♦ Meets the changing needs of the Town's youth and senior populations.
♦ Supports an active business community that provides a wide variety of goods and services and a broad range of em-
ployment opportunities, minimizing the need to travel to other communities.
♦ Provides a well -run, efficient municipal government that is fiscally healthy with high levels of public safety, rectea-
tional, art and cultural amenities and that is committed to high quality of life. '
♦ Promotes a sustainable and environmentally conscience community through conservation of resources, reduction of
greenhouse gas emissions, and smart - growth practices.
♦ Provides housing that meets the needs of a diverse community.
2.2 Purpose of the EIR
Design, Community & Environment Town of Los Gams 2020 General Plan
II -3 Findings of Fact and Statement of Overriding Considerations
Pursuant to CEQA, Public Resources Code sections 21000 et seq., and the CEQA Guidelines, California Code of Regu-
lations, Title 14, Section 15000 et seq., (collectively, "CEQA "), the lead agency prepared an EIR. for the 2020 General
Plan to analyze the environmental effect of the 2020 General Plan. The Draft EIR was circulated for public review for a
45 -day period between March 10, 2010 and April 26, 2010, in accordance with CEQA. Responses to comments were
prepared and ate contained in the Final EIR. The Town of Los Gatos is the CEQA "lead agency" for the 2020 General
Plan. The EIR was prepared by Design, Community & Environment (DC&E) for the Community Development De-
partment of the Town of Los Gatos.
2.3 The Use of a Program EIR
The CEQA Guidelines identify several types of EIRs, each applicable to different project circumstances. This EIR has
been prepared as a Program EIR pursuant to CEQA Guidelines section. 15168 to accommodate a complete analysis of
all of the components of the 2020 General Plan.
A Program EIR is an EIR that may be prepared on a series of actions that can be characterized as one large project and
are related in one of the following ways:
a) Geographically;
b) As logical pans in the chain of contemplated actions;
c) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a
continuing program; or
d) As individual activities carried out under the same authorizing statutory or regulatory authority and having gen-
erally similar environmental effects which can be mitigated in a similar way.
A Program EIR enables the lead agency to consider broad environmental implications of development at an early stage
in the process, sometimes when the project is still at a conceptual level, recognizing that a series of actions will occur
prior to development. Because they are prepared relatively early on, Program EIRs allow greater flexibility in dealing
with overall development options, basic environmental issues, and cumulative impacts.
The Program EIR identifies and mitigates the effects of the overall program of development to the extent that they are
known at this time. The lead agency incorporates feasible mitigation measures developed in the Program EIR into sub-
sequent actions to implement the program. Requests for approval of subsequent entitlements in the program must be
examined in light of the Program EIR to determine whether additional environmental review must be conducted. If the
agency finds that pursuant to CEQA Guidelines section 15162, no new effects could occur and no new mitigation is
required, the agency can approve the activity as being within the scope of the Program EIR. However, if a later activity
would have effects that were not examined in the Program EIR, additional environmental review would need to be con-
ducted and additional opportunities for public review provided as appropriate under CEQA. Additional environmental
review is required for subsequent discretionary approvals requested of the lead agency to implement the program, if,
pursuant to section 15162 of the CEQA Guidelines, the following circumstances occur:
a) Substantial changes are proposed to the project description;
b) Substantial changes occur with respect to the circumstances under which the project is undertaken (such as
new regulatory requirements adopted relevant to the project); or
Uesign, Community & Environment Town of Los Gatos 2020 General Plan
11-4 Findings of Fact and Statement of Overriding Considerations
c) New information of substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified, identifies new or more severe im-
pacts from those identified in the program EIR or if new mitigation measures can be identified to offset im-
pacts of the project.
2.4 Description of the Record
For purposes of CEQA and these findings, the record before the Town includes, without limitation, the following:
1) The NOP;
2) The Draft EIR and all appendices to the Draft EIR;
3) 'Ihe Final EIR and all appendices to the Final EIR;
4) All notices requited by CEQA, staff reports mid presentation. materials related to the 2020 General Plan;
5) All studies conducted for the 2020 General Plan and contained in, or referenced by, staff reports, tilt Draft
EIR, or the Final EIR;
6) All public reports and documents related to the 2020 General Plan prepared for the Town and other agencies;
') All documentary and oral evidence received and reviewed at public hearings and workshops and all transcripts
and minutes of those hearings related to the 2020 General Plan, the Draft F.IR, and the Final EIR;
8) For documentary and informational purposes, all locally- adopted land use plans and ordinances, including,
without limitation, specific plans and ordinances, master plans together with environmental review documents,
findings, mitigation monitoring programs and other documentation relevant to planned growth in the area; and
9) Any additional items not included above if they are required by law.
2.5 Discretionary Actions
The discretionary action for the proposed project involves the following approval by the Los Gatos Town Council:
1) Adoption of the 2020 General Plan.
These findings are made by the Town pursuant to Section 15091 of the CEQA Guidelines. The Town is also adopting a
"Statement of Overriding Considerations" pursuant to Section 15093 of the CLQA Guidelines.
3.0 GENERAL FINDINGS
3.1 Terminology of Findings
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a
proposed project, the approving agency must issue a written fording reaching one or more of three allowable conclu-
sions. The first is that "[c]hanges or alterations have been requited in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the [Final] EIR." The second potential finding is
that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the
agency making the fording. Such changes have been adopted by such other agency or can and should be adopted by
Design, Community & 8nvaonment 'town of Los Gatos 2020 General Plan
I1-5 Findings of Fact and Statement of Overriding Considerations
such other agency." The third permissible conclusion is that "[s]pecific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the final EIR"
For purposes of these findings, the term "mitigation measures" shall constitute the "changes or alterations" discussed
above. The term "avoid or substantially lessen" will refer to the effectiveness of one or more of the mitigation measures
or alternatives to reduce an otherwise significant environmental effect to a less - than - significant level.
In the process of adopting mitigation, the Town will also be making decisions on whether each mitigation measure pro-
posed in the Draft EIR is feasible or infeasible. Pursuant to the CEQA Guidelines, "feasible means capable of being
accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental,
legal, social, and technological factors." (CEQA Guidelines, § 15364.) When the Town finds a measure is not feasible,
evidence for its decision will be provided
3.2 Certification of Final Envitonmental Impact Report and Adoption of Findings
On August 16, 2010, the Town Council of the Town of Los Gatos certified the Environmental Impact Report (SCH
No. 2009032078) (the "EIR ") for the 2020 General Plan ( "Plan ") (Resolution # ___). Based upon the substantial evi-
dence in the record, the Town of Los Gatos finds and declares as stated herein.
3.3 The Town of Los Gatos is the "lead agency" for the Plan evaluated in the EIR. The Los Gatos Town Council
concurs with the Planning Commission recommendations and supports the findings by the Town of Los Gatos
that the EIR has been prepared in compliance with CEQA Statute and die State CEQA Guidelines.
3.4 The EIR evaluates the following environmental issues:
♦ Aesthetics
♦ Air Quality
• Biological Resources
♦ Cultural Resources
♦ Geology, Soils and Seismicity
♦ Greenhouse Gas Emissions
♦ Hazards and Hazardous Materials
♦ Hydrology and Water Quality
♦ Land Use and Planning, including Agricultural Resources
♦ Noise
♦ Population, Housing and Employment
♦ Public Services and Recreation
♦ Transportation and Circulation
♦ Utilities and Infrastructure
The EIR considered the significant and unavoidable environmental effects, if any, in each of these environmental
issue areas in Chapter 4 of the Draft EIR. Additionally, the Draft EIR considered the following issues in sepa-
rate sections: Cumulative Impacts; Significant Unavoidable Impacts; Alternatives to the 2020 General Plan;
Growth- Inducing Effects as a result of the 2020 General Plan; and Significant Irreversible Changes as a result of
the 2020 General Plan.
The cumulative impacts of the 2020 General Plan and other past, present, and reasonably foreseeable future pro-
jects were considered in cite EIR as required by CEQA (Public Resources Code Section 21083) and the State
CEQA Guidelines (Cal. Code of Regulations, Title 14, Section 15130). The cumulative analysis at the end of each
Design, Community & Environment Town of I;os Gatos 2020 General Plan
11 -6 Findings of Fact and Statement of Overriding Considerations
section in Chapter 4 of the Draft EIR includes an analysis of future environmental conditions in the Town of Los
Gatos'and surrounding areas to the extent required in order to determine the significance of the Plan's incremen-
tal contribution to cumulative impacts.
The cumulative impacts analysis in each section of Chapter 4 in the EIR concluded that all cumulative impacts re-
sulting from implementation of the proposed Plan would either be less than significant or mitigable to a less -
than- significant level. These impacts are summarized in Section 6.0 of this document.
3.5 The Los Gatos Town Council finds that the Draft EIR and Final EIR provide objective information to assist the
Town's decision - makers and the public -at -large in their consideration of the environmental consequences of the
proposed 2020 General Plan. The public review period provided all interested jurisdictions, agencies, private or-
ganizations, and individuals the opportunity to submit comments regarding the Draft EIR. The Final EIR was
prepared after the public review period and responds to comments made during the public review period (March
10, 2010 through April 26, 2010), as well as those made at, or prior to the noticed public meetings and /or public
hearings on the issues relevant to die Draft EIR. The Final EIR also includes a summary of the oral and written
comments made prior to the Planning Commission Public Hearing and responses to those comments.
The Los Gatos Town Council fords that die Community Development Department evaluated comments on en-
vironmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA Statute, the
Community Development Department prepared written responses describing the disposition of significant envi-
ronmental issues raised. The Final EIR provides adequate, good faith, and reasoned responses to the comments
received by the Community Development Department. - The Community Development Department has re-
viewed the comments received and responses thereto and has determined that neither the comments received nor
the responses to such comments add significant new information regarding environmental impacts to the Draft
EIR consistent with Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5. Specifically,
changes resulting from comments made on the Draft EIR do not result in the following.
1. A significant new environmental impact that would result from the 2020 General Plan or an adopted
mitigation measure,
2. A substantial increase in the severity of an environmental impact that is not reduced to a level of less
than significant by adopted mitigation measures;
3. A feasible Project alternative or mitigation measure not adopted that is considerably different from oth-
ers analyzed in the Draft EIR that would clezrly lessen the significant environmental impacts of the
2020 General Plan; or
4. Information that indicates that the public was deprived of a meaningful opportunity to review and
comment on die Draft EIR.
1be Town of Los Gatos' decision- makers have based their recommendation on full appraisal of all viewpoints,
including all comments received up to the date of adoption of these Findings, concerning the environmental im-
pacts identified and analyzed in the EIR.
3.6 These findings are based upon substantial evidence in die entire record before the Town as described in Section
2.4.
The references to the Draft FIR and Final FIR set forth in these findings are for ease of reference and are not
intended to provide an exhaustive list of the evidence relied upon for these findings.
3.7 These Findings reflect the Los Gatos Town Council's final recommendation regarding the significance of impacts
of the proposed 2020 General Plan as approved by the Los Gatos Town Council.
Design, Community & Environment Town of Los Gatos 2020 Genend Pluo
II -7 Findings of Fact and Statement of Overriding Considerations
3.8 The Los Gatos Town Council certifies that it has independently reviewed and analyzed the Draft EIR and that
the Community Development Department circulated a Draft FIR, which reflected its independent judgment.
3.9 The Los Gatos Town Council certifies that the Final EIR reflects the independent judgment of the lead agency,
identified as the Town of Los Gatos Town.
3.10 CEQA defines the term "project" as the whole of an action or "activity which is being approved and which may
be subject to several discretionary approvals by governmental agencies." Accordingly, the Los Gatos Town
Council has certified the EIR and the Los Gatos Town Council is approving and adopting Findings for the en-
tirety of the actions described in these Findings and in the EIR as comprising the Project.
It is contemplated that there may be a variety of discretionary actions undertaken by other State and local agen-
cies (who might be inferred to as "responsible agencies" under CEQA), concerning the Project, including without
limitation:
0 California Department of Fish and Game (CDFG)
♦ California Environmental Protection Agency (Cal EPA)
♦ Federal Emergency Management Agency (FEMA)
♦ State of California Office of Planning and Research (OPR)
♦ State Department of Health, Toxic Substances Control Division (DTSC)
♦ California Department of Transportation (Caltians)
♦ California Regional Water Quality Control Board (RWQCB)
♦ Bay Area Air Quality Management District (BAAQMD)
♦ U.S. Army Corps of Engineers (ACOE)
♦ U.S. Fish and Wildlife Service (USFWS)
Other agencies, organizations, and /or special interest groups not formally identified as a responsible agency, but
othetwise anticipated to be participants in the local review process for the 2020 General Plan include:
♦ Santa Clara Valley Water District
♦ Pacific Gas and Electric Company (PG &E)
♦ Valley Transportation Authority
♦ City of San Jose
♦ City of Saratoga
♦ City of Campbell
♦ City of Monte Serene,
Because the Town of Los Gatos is the lead agency for the Plan, the EIR which the Community Development
Department of the Town of Los Gatos has prepared is intended to be the basis for compliance with CEQA for
each of the possible discretionary actions by other state and local agencies to carry out the Plan.
3.11 The Los Gatos Town Council believes that its decision on the Plan is one which most be made after a hearing
required by law at which evidence is required and discretion in die determination of facts is vested in the Los Ga-
tos Town Council. As a result, any judicial review of this decision would be governed by Public Resources Code
§21168 and Code of Civil Procedure §1094.5. Regardless of the standard of review which is applicable, the Los
Gatos Town Council has considered evidence and arguments presented to the Planning Commission and Com-
munity Development Department of the Town of Los Gatos prior to or at the public hearings on this matter. In
determining whether the Plan has a significant impact on the environment, and in adopting Findings pursuant to
Public Resources Code 521081, the Town has complied with Public Resources Codes §21082.2 and §21081.5.
Design, Community & Environment Town of Los Gatos 2020 General Plan
II -8 Findings of Fact and Statement of Overriding Considerations
3.12 The Los Gatos Town Council fords and declares that the 2020 General Plan is expected to have a "lifetime" of
approximately 10 years, beginning when the Plan is implemented and running to the year 2020.
3.13 The Los Gatos Town Council fords and declares that the EIR analyzes the Plan in its full size and extent.
3.14 The EIR analyzed all reasonably foreseeable extensions, expansions or alterations of the Plan. The EIR analyzed,
to the extent feasible at this time, the environmental effects of implementation of the 2020 General Plan. The
Los Gatos Town Council hereby fords and declares that at this time there are no reasonably foreseeable exten-
sions, expansions or alterations of the Plan which are not described in die EIR, based on the administrative rec-
ord before the Los Gatos Town Council at the time of its final decision on the Plan.
3.15 Having received, reviewed, and considered the above described information, as well as all other information and
documents in the record, the Los Gatos Town Council hereby conditions the Plan and fords as stated in these
rindings.
3.16 Pursuant to Public Resources Code Section 21081.6 and California Code of Regulations, Title 14, Section 15091,
the Town of Los Gatos is the custodian of the documents and other material that constitute the record of pro-
ceedings upon which the Town's decision is based, and such documents and other material are located at: Town
of Los Gatos Community Development Department, 110 East Main Street, Los Gatos, California, 95030.
4.0 _ FINDINGS REGARDING LESS- THAN - SIGNIFICANT ENVIRONMENTAL IMPACTS
The EIR identified the thresholds of significance utilized to determine the impacts in the various resource categories
discussed below. The EIR finds that there are less - than- significant environmental impacts in the following subject areas:
♦ Aesthetics
♦ Biological Resources
♦ Cultural Resources
♦ Geology, Soils and Seismicity
♦ Hazardous Materials and Safety
♦ Hydrology and Water Quality
♦ Noise
♦ Population and Housing
♦ Public Services and Recreation
♦ Utilities and Infrastructure
'fhe Town is not required to adopt mitigation measures or adopt policies as part of the General Plan for impacts that are
less than significant.
5.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS
The EIR sets forth environmental effects of the General Plan that would be significant and unavoidable. These impacts
cannot be avoided or reduced to a less- than- significant level even with the adoption of all feasible mitigation measures
proposed in the EIR. In adopting these findings, the Town also adopts a Statement of Overriding Considerations set-
ting forth the economic, social and other benefits of the proposed Project that will render these significant effects ac-
ceptable.
5.1 Air Quality
Design, Community & Environment Town of Los Gatos 2020 General Plan
II -9 Findings of Fact and Statement of Overridiug Considerations
5.1.1 Significant and Unavoidable Impact
Impact AQ -1: The proposed Draft 2020 General Plan would be inconsistent with applicable clean air planning
efforts of BAAQ1VJD, as projected VMTs that could occur under the proposed Draft 2020 Gen-
eral Plan would increase at a greater rate than population growth.
5.1.2 Mitigation Adopted by the Town
The Draft 2020 General Plan includes extensive goals, policies and actions that would reduce VMT within the Town.
These goals, policies and actions would reduce air quality impacts from VMT to the extent feasible, and no additional
mitigation is available.
5.13 Facts in Support of Findings
The Draft 2020 General Plan includes extensive goals, policies and actions that aim to reduce vehicle reliance and VMT
within the Town. The goals and policies of the proposed Draft 2020 General Plan would encourage local and regional
transit services, improve bicycle and pedestrian networks, provide alternatives to automotive transportation and land use
decisions which would help to reduce the increased rate of VMT as compared to that associated with automotive
transportation only. Goal ENV -8 and associated Policies ENV -8.1 through ENV -8.5 would strive to reduce overall
greenhouse gas emissions to 1990 levels by 2020 by encouraging carpooling and alternative transportation, promoting
local employment opportunities and encouraging the use of non - polluting fuels by including natural gas fueling stations
and electric charging stations. Policy LU -2.1 addresses the reduction of VMTs by encouraging purveyors of goods and
services to be located within walking distance of Town neighborhoods. In addition, Goals TRA -8 and TRA -9
encourage mass transit and alterative modes of transportation to reduce vehicle reliance. In support of those goals,
Policies TRA -8.1 through TRA -8.8 and TRA -9.1 through TPA -9.6 encourage non - polluting alternatives to travel
including walking, biking, public transit; and encourage the development of mass transportation_ systems in the Town.
Goal TRA -10, Policies TRA -10.1 through TRA -10.6, and Actions TRA -10.1 through TRA -10.4 and Action TRA -54
specifically address increased levels of biking and walking within the Town.
Additionally, Goals VI.R -1, VLR -3 and V1,11-9 promote the construction of the Vasona Light Rail and mass transit
facilities and encourage mixed -use development to redtice traffic impacts. Associated Policies VLR -1.1 through 1.3,
VLR -3.2 through VLR -3.5 and VLR -9.1 through VLR -9.3 encourage the construction of the Vasona light Rail and
encourage mixed use development in the vicinity of the Vasona Light Rail.
However, although the policies and actions identified above would effectively reduce traffic impacts, the projected
growth in vehicle travel could still lead to an increase in regional VMT beyond that anticipated in BAAQMD's clean air
planning efforts because BAAQMD's current clean air plan was adopted ten years ago, and any projected growth in-
crease not included in the clean air plan and resulting in more VMTs is by definition considered a significant impact.
Consequently, although the additional growth in Los Gatos will result in more compact development and improve the
jobs housing ratio, both of which may reduce VArrs regionally, the growth remains defined by the Clean Air Plan as a
significant impact. The Town cannot mitigate this impact to a level of insignificance and still meet other goals of the
General Plan update, including meeting its housing needs and having a well- balanced community.
5.2 Greenhouse Gas Emissions
5.2.1 Significant and Unavoidable Impacts
IInact GHG4: Although goals, policies, and actions in the 2020 General Plan would reduce GHG emissions by
25.5 percent, implementation of the Draft 2020 General Plan would not achieve the 28- to 33-
percent reduction from "business as usual" required by Assembly Bill 32.
Design, Community & Environment Town of Los Gatos 2020 General Plan
11 -10 Findings of fact and Statement of Overriding Considerations
Impact GHG -2.• Significant adverse physical impacts from the effects of global climate change hazards would have
an adverse impact on the Town.
5.2.2 Mitigation Adopted by the Town
The Town of Los Gatos shall prepare and implement a Climate Action Plan pursuant to Environment and Sustainability
Element Action ENV -7.1 to direct its community-level GHG emission reduction efforts. As part of the Climate Action
Plan the Town shall prepare a climate change preparedness analysis to address Town adaptation to climate change.
5.2.3 Facts in Support of Findings
Goals, policies and actions contained in the 2020 General Plan are estimated to reduce GHG emissions by
25.5 percent. Action ENV -7.1 in particular calls for the preparation and implementation of a Climate Action
Plan. The Climate Action Plan shall be incorporated into the 2020 General Plan and shall be a frilly enforce-
able document that establishes quantified emissions reductions targets and identifies strategies and measures
the Town will undertake to reach its targets. The Climate Action Plan shall also include a climate change
preparedness analysis to address Town adaptation to climate change. Every two years, the Town shall moni-
tor and report on progress toward the emissions reduction targets. The impact is considered to be unavoida-
ble, however, because until the Climate Action Plan is prepared and GHG emission reductions are quantified,
the Town cannot state that GHG emissions can be reduced to a level of insignificance.
Additionally, the impacts of global climate change on a town -wide scale are speculative at this time. Therefore, it would
also be speculative to quantify the roductimr of this climate change impact from implementation of a Climate Action
Plan and associated climate change preparedness analysis so that advetse physical impacts from the effects of global cli-
mate change hazards would remain significant and unavoidable.
5.3 Land Use and Planning, Including Agricultural Resources
5.3.1 Significant and Unavoidable Impact
Impact L M: Implementation of the 2020 General Plan would result in the conversion of Unique Farmland to non-
agricultural use. The Draft 2020 General Plan calls for development under the North Forty Specific
Plan Overlay that world be incompatible with continued agricultural use of the property.
5.3.2 Mitigation Adopted by the Town
Since development is incompatible with continued agriculture on the site, there are no feasible mitigation measures to
reduce this impact.
5.3.3 Facts in Support of Findings
Development on this site is critical to helping the Town meet its Regional Housing Needs Allocation
(RHNA) and meeting other objectives of the 2020 General Plan, including maintaining a balance of uses,
supporting an active business community, reducing greenhouse gas emissions, and providing housing. The
2020 General Plan calls for development in the North Forty Specific Plan area, which is an area designated as
Unique Farmland; therefore, the 2020 General Plan would convert at least some Unique Farmiland to a non-
agricultural use. The impact is considered unavoidable because the Town cannot provide sufficient housing
Design, Community & Envimnmcnt Town of Los Gatos 2020 General Plan
II -11 Findings of Fact and Statement of Overriding Considerations
sites to meet its fair share of the Regional Housing Needs unless the Notch Forty site is designated for hous-
ing.
5.4 Transportation and Circulation
5.4.1 Significant and Unavoidable Impact
Impact TRA -1: With the implementation of the roadway and intersection improvements identified in the 2020 Gen-
eral Plan in the Transportation Element, transportation impacts would be fully mitigated. However,
because there are currently no dedicated funding sources identified for the improvements, it cannot
be concluded that the improvements will be funded and completed at the time they are needed for
mitigation to the Town level -of- service operational standard.
5.4.2 Mitigation Adopted by the Town
The Town shall create a dedicated funding source for implementation of transportation improvements identified in the
Plan.
5.4.3 Facts in Support of Findings
The 2020 General Plan includes a number of policies to address future impacts to the capacity of the roadway system.
Goal TRA -I and Policy TRA -1.1 requires that development not exceed transportation capacity and to develop transpor-
tation systems that meet current and future needs of residents and businesses. Policy TRA -3.3 calls for an evaluation of
all new developments to ensure that they are in compliance with the Town's LOS intersection policy, Policy TRA -3.4
states that new projects shall not cause an intersection at LOS of Level A, B, or C to drop more than one level and an
intersection at LOS of D or below to drop at all; and Policy TRA -3.5 states that if a new project causes an intersection
LOS to drop more than one level from Level A, B, or C or to drop at all from Level D or below, the project shall miti-
gate traffic so that the LOS will remain at an acceptable level.
In addition, Action'IRA -3.1 will implement the local roadway improvements listed the Transportation Element of the
2020 General Plan in the Capital Improvements Program (CIP)- With the implementation of these improvements, no
intersections will operate below the acceptable level of LOS D. A dedicated funding source for transportation im-
provements world ensure that improvements are completed at the time they are needed to mitigate the capacity of the
existing circulation system. The impact is considered to be unavoidable, however, because until dedicated funding
sources have been adopted for the improvements, the Town cannot state that all intersections will operate at LOS D or
below after implementation of the 2020 General Plan.
6.0 FINDINGS RELATED TO CUMULATIVE IMPACTS
CEQA Guidelines requite consideration of the potential cumulative impacts that could result from a proposed project in
conjunction with other projects in the vicinity. Such impacts can occur when two or more individual effects create a
considerable environmental impact of compound other environmental consequences. in the case of a town -wide plan-
ning document such as the Town of Los Gatos 2020 General Plan, cumulative effects are effects that combine impacts
from implementation of the Plan in the Town with effects of development in other portions of the region.
The cumulative impacts of a General Plan take into account potential impacts or growth projections in combination
with impacts from projected growth in other cities m counties in the region. The cumulative impact analysis examines
cumulative effects of the proposed General Plan, in combination with development in cities adjacent to Los Gatos.
Several jurisdictions and agencies were consulted as part of this analysis to identify current growth, where most intensive
Design, Community & Environment Town of Los Gatos 2020 General Plan
TT -12 Findings of Fact and Statement of Overriding Considerations
growth was occurring within respective jurisdictions, and whether a substantial increase in the amount of growth was
expected in the foreseeable future. The jurisdictions consulted include the following.
♦ County of Santa Clara
♦ City of Campbell
♦ City of Monte Sereno
♦ City of Saratoga
♦ City of San Jose
No significant cumulative impacts were found in the EIR.
7.0 FINDINGS REGARDING MONITORING OF MITIGATION MEASURES
Mitigation is provided for 3 significant impacts in the 2020 General Plan MR. A Mitigation Monitoring and Reporting
Plan has been prepared for the 2020 General Plan.
9.0 FINDINGS REGARDING ALTERNATIVES
CEQA Guidelines Section 15126.6 requires a discussion of a reasonable range of alternatives to the project or to the
location of the project. However, an EIR need not consider an alternative whose implementation is remote or specula-
tive. An EIR is required to describe and comparatively evaluate a range of reasonable alternatives to a project, or loca-
tion of the project, that would feasibly attain most of the basic objectives of the project but would avoid or substantially
lessen any of the significant effects of the project. Thus, the range of alternatives evaluated in the Draft EIR was dictat-
ed by CEQA Guidelines and by the range of significant impacts identified in the Draft EIR and evaluated alternatives
were limited to those that theoretically could have reduced or eliminated identified environmental impacts.
As discussed in the Draft EIR, all impacts would be less than significant, except for impacts to air quality, greenhouse
gas emissions, land use and planning, and transportation and circulation, which would remain significant and unavoida-
ble. Accordingly, two alternatives, in addition to the required No Project Alternative, were considered and evaluated in
Chapter 5 of the Draft EIR, and a summary of their potential advantages and disadvantages is provided in Table 5 -2 of
the Draft EIR.
The Draft EIR discussed the following alternatives in detail:
A. Alternative 1: Existing General Plan Alternative (also referred to as the No Project Alternative);
B. Alternative 2: Medium- Density Residential Alternative; and
C. Alternative 3: Commercial Alternative.
Each of these alternatives was evaluated under the same environmental categories as presented for the proposed project
and as identified in Chapter 4 of the Draft EIR.
Based on the comparison of the relative merits of each alternative compared to the 2020 General Plan, each of the alter-
natives was found to be deficient in meeting the Town's goals and objectives.
The 2020 General Plan objectives are to ensure that Los Gatos:
♦ Is a full- service community that is also environmentally sensitive.
♦ Maintains the small town character of the Town.
Design, Community & Environment Town of Los Giros 2020 General Plan
II -13 Findings of Fact and Statement of Overriding Considerations
♦ Maintains a balanced, well- designed mix of residential, commercial, service and open space uses, fostering a pedes-
trian- oriented community consistent with a small town character.
♦ Maintains and expands existing pails and open space land to maintain and enhance quality of fife and promote sus -
nur ability, or the long -term well-being of the environment and community.
♦ Meets the changing needs of the Town's youth and senior populations.
♦ Supports an active business community that provides a wide variety of goods and services and a broad range of em-
ployment opportunities, minimizing the need to travel to other communities.
♦ Provides a well-run, efficient municipal government that is fiscally healthy with high levels of public safety, recrea-
tional, art and cultural amenities and that is committed to high quality of fife.
♦ Promotes a sustainable and environmentally conscience community through conservation of resources, reduction of
greenhouse gas emissions, and smart- growth practices.
♦ Provides housing that meets the needs of a diverse community.
Based on the comparative evaluation contained in the Draft FIR, the proposed 2020 General Plan would reduce the
magnitude of die most impacts and would be the environmentally superior alternative.
8.1 Alternative 1: Existing General Plan Alternative (No Project Alternative)
8.1.1 Description of Alternative 1
The No Project Alternative assumes that no updated General Plan or updated Housing Element would be adopted and
that development would continue to occur as allowed under the existing 2000 Town of Los Gatos General Plan. The
potential housing sites identified in the Draft 2007 -2014 Housing Element would not receive an Affordable Housing
Overlay Zone (AHOZ) designation and would retain the existing land use and zoning designation. The North Forty
area would also retain its Mixod -Use Commercial (MUC) designation, which would result in significantly more
nonresidential development in the North Forty area.
In relation to the proposed Draft 2020 General Plan and Draft 2007 -2014 Housing Element, the existing General Plan
would allow approximately 540 fewer dwelling units; about 1,280 fewer people; 128,460 more square feet of
retail/service uses; 543,330 more square feet of office uses; no change in industrial uses; and about 2,100 mote jobs at
the horizon buildout in 2020.
8.1.2 Rejection of Alternative 1
Chapter 5, Section A.2 of the Draft EIR contains an analysis comparing the potential impacts of the 2020 General Plan
to the No Project Alternative. As summarized below, the No Project Alternative would represent an overall substantial
deterioration in comparison to the 2020 General Plan because it would worsen impacts to all environmental categories
except geology and soils and hazards and hazardous materials, for which impacts would be equivalent to those found
under the 2020 General Plan, as identified in the Draft FIR.
Tire No Project Alternative would result in a greater amount of nonresidential development as compared to the 2020
General Plan, mostly in the North Forty area. Tlhe 2020 General Plan would not include a North Forty Specific Plan
Overlay designation and therefore would not set parameters for development in the North Forty Area. Additionally, the
substantial amount of nonresidential development would result in more vehicle trips and vehicle miles traveled. More
vehicle trips would lead to increased traffic noise levels, impacts on circulation, further deterioration in air quality from
mobile source emissions, and greater greenhouse gas emissions as compared to the 2020 General Plan.
Design, Community & R.nvironment Town of Los Gatos 2020 General Plan
II -14 Findings of Fact and Statement of Overriding Considerations
Development under the No Project Alternative would create a jobs /housing imbalance, increasing the jobs -to- housing
ratio to 1.8 as compared to 1.6 under the 2020 General Plan. An optimum jobs /housing balance is typically between 1
and 1.5 for a community. Because the No Project Alternative would not identify the housing sites in the Draft 2007-
2014 Housing Element nor apply the AHOZ to these sites, this Alternative would not meet the Regional Housing
Needs Assessment (RIINA) assigned to the Town by the Association of Bay Area Governments (ABAG). Therefore,
the overall jobs /housing imbalance and the inability to meet the RHNA would lead to a deterioration with respect to
population, housing and employment under the No Project Alternative.
Nonresidential uses typically requite more impervious surfaces then residential uses require, thereby potentially
increasing the amount of stormwater runoff and increasing the impact on water quality as a result of greater
nonresidential development under the No Project Alternative compared to the 2020 General Plan. The No Project
Alternative would also result in greater impacts to utilities and infrastructure because of the increase in nonresidential
development
The No Project Alternative would have retained the Hillside Residential designation on certain parcels that are
inconsistent with the Midpenntsula Regional Open Space District's designations. Some of these parcels retaining the
Hillside Residential designation would be inconsistent with Williamson Act contracts by allowing residential
development that could create conflicts with continuing agricultural uses on these parcels.
The No Project Alternative would not include the same level of comprehensive policy direction in areas including
aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, hydrology and water quality, and
utilities and infrastructure.
Therefore, the Town rejects Alternative 1, the No Project Alternative
8.2 Alternative 2: Medium Density Residential Alternative
8.2.1 Description of Alternative 2
Under the Medium Density Residential Alternative, the housing sites identified in the Draft 2007 -2014 Housing Element
would also be designated for housing, but at a density of 12 dwelling units (DU) pet acre instead of 20 DU per acre. In
order to meet the Town's RHNA, additional underutilized sites along Blossom Hill Road and north of Highway 85
would also be designated for medium density (rousing (12 DU per acre). The North Forty Specific Plan Ovulay Desig-
nation would be included as part of this alternative. However, the potential development parameters of the North Forty
Specific Plan Overlay Designation would be redefined to allow for less residential and non - residential development in
the North Forty area. _
Overall, the Medium Density Residential Alternative would provide for approximately 190 fewer new residentiaLrmits
and about 440 fewer people than the 2020 General Plan. This alternative also includes 278,460 more square feet of re-
tail/service uses, 56,670 fewer square feet of office uses and no change in industrial uses, which would result in approx-
imately 430 additional jobs. The goals, policies and actions contained in the proposed Draft 2020 General Plan would
apply under this alternative as well.
8.2.2 Rejection of Alternative 2
Chapter 5, Section B.2 of the Draft EIR contains an analysis comparing the potential impacts of the 2020 General Plan
to the Medium Density Residential Alternative. As summarized below, the Medium Density Residential Alternative
would represent an overall substantial deterioration in comparison to the 2020 General Plan because it would worsen
impacts to the following environmental categories as identified in the Draft EIR: air quality, greenhouse gas emissions,
Design, Community & Environment Town of Los Gatos 2020 General Plan
1T -15 Findings of Fact and Statement of Overriding Considerations
hydrology and water quality, noise, and transportation and circulation. All other environmental categories would have an
equivalent impact as found under the 2020 General Plan except regarding public services and recreation, for which the
Medium Density Residential Alternative would be an insubstantial improvement as compared to the 2020 General Plan.
More nonresidential development under die Medium Density Residential Alternative would result in more vehicle trips
and vehicle miles traveled. Residential development would be of a lower density than that of the 2020 General Plan, and
this development would be spread throughout the Town This lower density, spread -out development would further
increase vehicle miles traveled. The increase in vehicle trips and vehicle miles traveled would result in more mobile
source emissions, and therefore a greater amount of greenhouse gas emissions, as compared to the 2020 General Plan.
More vehicle trips world also result in increased traffic noise levels and increased impacts to circulation.
More nonresidential development would also result in more impervious surfaces, since nonresidential uses typically
require more impervious surfaces than residential uses. More impervious surfaces would potentially result in more
stormwater runoff and therefore increase the impact on water quality as compared to the 2020 General Plan.
The Medium Density Residential Alternative would include the same level of comprehensive policy direction as found
under the 2020 General Plan. However, even with this same level of policy direction, the Medium Density Residential
Alternative would be an overall substantial deterioration as compared to the 2020 General Plan for the impacts
described above.
Therefore, the Town rejects Alternative 2, the Medium Density Residential Alternative.
83 Alternative 3: Commercial Alternative
8.3.1 Description of Alternative 3
Under the Commercial Alternative, the Draft 2007 -2014 Housing Element potential housing sites located along Los
Gatos Boulevard would be designated for non - residential development instead of residential development. In order to
meet the Town's RHNA, other underutilized sites located throughout the Town would be designated for housing at 20
DU per acre. The North Forty Specific Plan Overlay Designation would be included as part of this alternative. Howev-
er, the potential development parameters of the North Forty Specific Plan Overlay Designation would be redefined to
allow for less residential development and more nonresidential development in the North Forty area.
Overall, the Commercial Alternative would generate the second most non - residential development and job growth after
the Existing General Plan Alternative. The Commercial Alternative would provide for approximately 570 fewer new
residential units and about 1,340 fewer residents compared to the proposed Draft 2020 General Plan. This alternative
would also include 49,790 additional square feet of retail /service uses, 523,000 additional square feet of office uses and
no change in industrial uses, which would result in approximately 1,860 additional jobs. The goals, policies and actions
contained in the proposed Draft 2020 General Plan would apply under this alternative.
8.3.2 Rejection of Alternative 3
Chapter 5, Section C.2 of the Draft EIR contains an analysis comparing the potential impacts of the 2020 General Plan
to the Commercial Alternative. As summarized below, the Commercial Alternative would represent an overall
substantial deterioration in comparison to the 2020 General Plan because it would worsen impacts to the following
environmental categories as identified in the Draft EIR: air quality; greenhouse gas emissions; hydrology and water
quality, noise; population, housing and employment; and transportation and circulation. All other environmental
categories would have an equivalent impact as found under the 2020 General Plan except regarding Public Services and
Recreation, which would be the only insubstantial improvement as compared to the 2020 General Plan.
Design, Community & Environment Town of 1os Gatos 2020 General Plan
II -16 Findings of Fact and Statement of Overriding Considerations
The additional nonresidential development under the Commercial Alternative would result in a greater amount of
vehicle trips and vehicle miles traveled as compared to the 2020 General Plan. The increase in mobile source emissions
would lead to a deterioration in air quality and in increase in greenhouse gas emissions. The increase in vehicle trips
would also result in increased traffic noise levels and impacts on circulation.
Mote nonresidential development would also result in more impervious surfaces, since nonresidential uses typically
require more impervious surfaces than residential uses. More impervious surfaces would potentially result in more
stormwater nmoff and therefore increase the impact on water quality as compared to the 2020 General Plan.
Development under the Commercial Alternative would also create a jobs /housing imbalance, increasing the jobs -to-
housing ratio to 1.8 as compared to 1.6 under the 2020 General Plan. The optimum jobs /housing balance is typically
between 1 and 1.5 for a community.
The Commercial Alternative would include the same level of comprehensive policy direction as found under the 2020
General Plan. However, even with this same level of policy direction, the Commercial Alternative would be an overall
substantial deterioration as compared to the 2020 General Plan for the impacts described above.
Therefore, the Town rejects Alternative 3, the Commercial Alternative
9.0 GROWTH INDUCING IMPACTS
Chapter 6, Section A of the Draft EIR presents the growth- inducing impacts that can be anticipated from adoption and
implementation of the 2020 General Plan. Section 15126(d) of the CEQA Guidelines requires that an EIR address the
growth - inducing impacts of the proposed action. Not all growth inducement is necessarily negative. Negative impacts
associated with growth inducement occur only where the projected growth would cause adverse environmental impacts.
According to the CEQA Guidelines, the EIR should discuss the ways in which the proposed project could foster eco-
nomic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding
environment, including projects which would remove obstacles to population growth. Direct growth - inducing impacts
are generally associated with providing urban services to an undeveloped area. Providing urban services to a site, and the
subsequent development, can serve to induce other landowners in the vicinity to convert their property to urban uses.
Indirect, or secondary growth - inducing impacts, consist of growth induced in the region by additional demands for
housing, goods, and services associated with the population increase caused by, or attracted to, a new project.
9.1 Direct Impacts
The 2020 General Plan would directly induce population, employment and economic growth by allowing for intensified
development within some areas of the Town. Under buildout conditions in 2020, the 2020 General Plan would allow
the following development based on the expected growth assumptions for the Los Gatos area:
♦ Approximately 1,600 additional residential units to be added to the 12,130 residential units estimated to exist in
2008.
♦ Approximately 3,790 new residents in addition to the cmating 2008 population within the Town limit. This would
result in a town population of 32,600 in 2020.
♦ Approximately 2,660 new jobs to be added to the 18,820 jobs estimated to exist in 2008.
* Approximately 943,210 square feet of commercial development to be added to the approximately 4.1 million square
feet existing in 2008.
Design, Community & Environment Town of Los Gatos 2020 General Plan
II -17 Findings of Fact and Statement of Overriding Considerations
State law requires the Town to promote the production of housing to meet its fair share of the regional housing needs
distribution made by ABAG. The housing and employment growth in Los Gatos would generally have beneficial effects
by allowing the Town to address its regional fair -share housing obligations.
In addition, the type of growth envisioned by the 2020 General Plan would be concentrated in specific, designated areas.
New development would be pedestrian - friendly, use land efficiently and promote transportation alternatives. Housing
near the Vasona Light Rail would be encouraged, as would mixed -use development. Housing would also be allowed in
the North Forty area The growth envisioned under the 2020 General Plan would result in local and regional benefits by
promoting land use patterns that reduce automobile dependence and support regional transit systems, which could re-
duce greenhouse gases, air quality, noise and traffic impacts associated with population growth and non - residential de-
velopment, as well as making services more efficient to provide and reduce pressure on developing open space.
9.2 Indirect Impacts
The 2020 General Plan encourages new growth in the urbanized areas of Los Gatos. Development in these areas would
consist of infill development on the remaining vacant sites or redevelopment of undemtilized sites. Roadway and infca-
structure ate present for these areas, and all projects would be required to comply with the Town's standards fox public
services and utilities.
9.3 Findings Regarding Growth Inducing Impacts
9.3.1 Direct Impacts
Because housing and employment growth under due 2020 General Plan would allow the Town to accommodate its re-
gional fair -share housing obligations and because growth envisioned under the 2020 General Plan is focused on efficient,
pedestrian - friendly land use patterns that reduce automobile dependence, the growth- inducing effects of implementation
of the 2020 General Plan would be beneficial to the Town and surrounding areas.
9.3.2 Indirect Impacts
Since the roadway and infrastructure to serve this development axe largely in place, and since new projects would be
required to comply with the Town's standards for public services and utilities, secondary growth- inducing effects do not
represent a significant environmental impact.
Dcsign, Community & Environment Town of Los Gatos 2020 Gencral Plan
ri-18 Findings of Fact and Statement of Overriding Considerations
SECTION II
THE TOWN OF LOS GATOS GENERAL PLAN EIR
STATEMENT OF OVERRIDING CONSIDERATIONS
1.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Ll Introduction
In determining whether to adopt the 2020 General Plan, CEQA Guidelines Section 15093 requires a public agency to
balance the benefits of a project against its unavoidable environmental risks. In accordance with Public Resources Code
Section 21081(b) and CEQA Guidelines Section 15093, the Town Council has, in determining whether or not to adopt
the 2020 General Plan, balanced the economic, social, technological, academic, and other benefits of the Plan against its
unavoidable environmental effects, and has found that the benefits of the Plan outweigh the significant adverse envi-
ronmental effects that are not mitigated to less - than - significant levels, for the reasons set forth below. This statement of
overriding considerations is based on the Los Gatos Town Council's review of the Draft EIR and Final EIR and other
information in the administrative record. The Los Gatos Town Council finds that each of the following benefits is an
overriding consideration, independent of the other benefits, that warrants approval of the 2020 General Plan notwith-
standing the Plans significant unavoidable impacts.
By incorporating policies intended to avoid environmental impacts and by steering development to within existing ur-
banized areas, the 2020 General Plan is largely self - mitigating. Rather than mitigating impacts from implementation of
the 2020 General Plan through mitigation measures in the EIR, the policies and land use map in the 2020 General Plan
are intended to prevent the majority of environmental impacts altogether. Implementation of die 2020 General Plan has
the potential to generate five significant environmental project impacts and no significant cumulative impacts.
Significant and Unavoidable Project Impacts:
♦ AQ -1
♦ GHG -1
♦ GHG -2
♦ LU -1
♦ 'IRA-1
The Town recognizes that the 2020 General Plan will cause die five significant and unavoidable impacts as listed above.
The Town has carefully balanced the benefits of the proposed General Plan against the unavoidable adverse impacts
identified in the Draft EIR, Final EIR and the Town's Findings of Fact. Notwithstanding the disclosure of impacts
identified as significant and which have not been eliminated to a level of insignificance, the Town, acting pursuant to
Section 15093 of the CEQA Guidelines, hereby determines that the benefits of 2020 General Plan outweigh the signifi-
cant unmitigated adverse impacts.
L2 Specific Findings
1.2.1 Project Benefits Outweigh Unavoidable Impacts
The remaining significant and unavoidable impacts of the 2020 General Plan are acceptable in light of the economic,
fiscal, social, planning, land use and other considerations set forth herein because the benefits of the proposed General
Plan outweigh the significant and unavoidable adverse environmental impacts of cite proposed project.
L2.2 Balance of Competing Goals
Design, Community & Environment Town of Los Gatos 2020 General Plan
II -1 Findings of Fact and Statement of Overriding Considerations
The Town fords it imperative to balance competing goals in adopting the 2020 General Plan and the environmental
documentation for the 2020 General Plan. Not every policy or environmental concern has been fully satisfied because
of the need to satisfy competing concerns to a certain extent. Accordingly, in some instances the Town has chosen to
accept certain environmental impacts because to eliminate them would unduly compromise important economic, social,
or other goals. The Town finds and determines that die text of the 2020 General Plan and the supporting environmen-
tal documentation provide for a positive balance of the competing goals and that the economic, fiscal, social, planning,
land use, and other benefits to be obtained by the 2020 General Plan outweigh the environmental and 'elated potential
impacts of the 2020 General Plan.
1.3 Overriding Considerations
Substantial evidence is included in the record of these proceedings and in documents relating to 2020 General demon-
strating the benefits which the Town would derive from the implementation of the Plan . The Town has balanced the
economic considerations of the 2020 General Plan against the unavoidable environmental impacts identified in the Dtaft
EIR and Final EIR and concludes that the economic benefits that will be derived from the implementation of the 2020
General Plan outweigh those environmental impacts. These are addressed in the Town's Findings of Pact. In particular,
the Town considered whether there would be any impacts related to: aesthetics; agriculture; air quality; biological xe-
sources; cultural resources; geology, soils, and mineral resources; hazards and safety; hydrology and water quality; land
use; noise; population and housing; public services and recreation; transportation and circulation; utilities; and green-
house gas emissions. Upon balancing the environmental risks and countervailing benefits, the Town concludes that the
benefits which the Town will derive from the implementation of the 2070 General Plan outweigh those environmental
risks.
More particularly, the 2020 General Plan will provide for the orderly development of residential, mixed use, retail and
office, industrial, and public uses, while maintaining significant areas of open space and public lands. The growth envi-
sioned in the 2020 General Plan would be concentrated in specific, designated areas within the Town limits, and new
development would use land efficiently and reduce dependence on the automobile. The 2020 General Plan defines a
vision of what the Town desires to be in 10 years, and serves as a comprehensive guide for decisions about land rise,
housing, water resources, circulation, conservation and open space, health and safety, community services, and public
facilities and services. The Town finds that this level of comprehensive planning is desirable and beneficial to the Town
and provides a more environmentally sustainable vision and development plan for the Town than the previously adopt-
ed General Plan. For example, the proposed General Plan includes a new Environment and Sustainability Element as
well as new policies throughout the General Plan that support the Town's goal of being a more sustainable community.
These policies aim to reduce vehicle trips, promote alternative transpotation modes, conserve energy, conserve water
resources, and reduce greenhouse gas emissions.
The adoption of the 2020 General Plan would provide the Town with a "constitution" for land use and development
that would guide the town's growth over the next 10 years in a manner that aligns with the goals of the Town of Los
Gatos and its residents. The 2020 General Plan would also create a variety of housing types that would allow the Town
to meet its fair share housing requirements as allocated by the Association of Bay Area Governments (ABAG).
The Town finds that the above described benefits which will be derived from adopting the proposed General Plan,
when weighed against the absence of the General Plan, override the significant and unavoidable environmental impacts
of die Plan.
M Incorporation by Reference
The EIR is hereby incorporated into these findings in its entirety. Without limitation, this incorporation is intended to
elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the
Design, Community & P.nvirorunent Town of Los Gatos 2020 General Plan
II -2 Findings of Pact and Statement of Overriding Considerations
comparative analysts of alternatives, and the reasons for approving the Project in spite of the potential for associated
significant unavoidable adverse impacts.
1.5 Record of Proceedings
Various documents and other materials constitute the record of proceedings upon which the Los Gatos Town Council
bases its findings and decisions contained herein. The record of proceedings is located at the Community Development
Department of the Town of Los Gatos, 110 East Main Street, Los Gatos, California, 95030. The custodian for the rec-
ord of proceedings is the Town of Los Gatos. This information is provided in compliance with Public Resources Code
section 21081.6(a)(2) and CEQA Guidelines, § 15091(e).
1.6 Summary
Based on the foregoing findings and the information contained in the Record, the Los Gatos Town Council has made
one or more of the following findings with respect to each of the significant environmental effects of the 2020 General
Plan:
1) Changes or alterations have been required in, or incorporated into, the 2020 General Plan which mitigate or
avoid the significant effects on the environment.
2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have
been, or can and should be, adopted by that other agency.
3) Specific economic, legal, social, technological, or other considerations, including considerations for the provi-
sion of employment opportunities for highly trained workers, make infeasible the mitigation measures or alter-
natives identified in the environmental impact report.
Based on the foregoing findings and the information contained in the record, it is determined that:
1) All significant effects on the environment due to the approval of the project have been eliminated or substan-
tially lessened where feasible.
2) Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors
described in the Statement of Overriding Considerations in subsection C, above, and the Town finds that the
proposed General Plan should be approved.
Design, Community & Environment Town of S.os Gatos 2020 General Me
H-3 Findings of Fact and Statement of Overriding Considerations
From: Stephen Shelton [ mailto :stephenbshe!ton(obgmail.com]
Sent: Thursday, August 28, 2014 11:02 AM
To: Council
Cc: Town Manager
Subject: The North 40...
Dear Los Gatos Planning Commission,
I am writing in full support of The North 40 project! I know this has been a long, arduous task
trying to come up with a plan that works for our Town. It is difficult keeping our Town just that,
a Town - -while at the same time, trying to stay 'present' with the needs and desires of its
residents.
As a resident of this Town for over 6 years --I have seen many changes in that fairly short period
of time - -here in Los Gatos and surrounding Towns and Cities. One thing is clear - -we need more
modem amenities that the residents in this Town desire.
The North 40 Project provides that - -- outdoor market, community space (other than what we
have), living accommodations for older folks, 'empty- nesters', and 'young- folks' not wanting to
live in San Jose or San Francisco.
As a business owner - -I hear the concerns of the downtown being killed or affected by this new
project. I don't believe this to be true. Our downtown is unique and you cannot replicate. Our
residents here love the downtown and will continue to support it - -as will I.
The North 40 only adds to the value and uniqueness of Los Gatos. I fully support the project.
Sincerely,
Stephen Shelton
Co- Founder, The Lexington House
www.thelexlg.com
stephen(�uthelexlg.com
"It is the mark of an educated mind to be able to entertain a thought without accepting it."
Aristotle
ATTACHMENT 2 0
From: Anne Fisher [ mailto: afisher (cbbikesiliconvalley.org]
Sent: Thursday, August 28, 2014 1:09 PM
To: Council
Cc: Town Manager; Corinne Winter
Subject: North 40 Development Plan
Hello,
I am attaching our letter in support of the North 40 project to be heard by the Council next week.
Best regards,
Anne
Anne Fisher
Administrative Manager
Silicon Valley Bicycle Coalition
(408) 287 -7259 Ext. 223
(408) 660 -7175 Mobile
hftp://bikesiliconvalley.org
We've moved! Please note our new address:
96 N. Third Street, Suite 375
PO Box 1927
San Jose, CA 95109
Joel Paulson
From:
edrathmann @comcast.net
Sent:
Thursday, August 28, 2014 4:40 PM
To:
Joel Paulson
Subject:
north 40
Council Members,
As people who have followed the No 40 project for the last few years, we were heartened by the
questions raised by the Planning Commission. There were 32 questions forwarded to the Council
around issues like the North 40's impact to our schools, our Downtown, and the traffic congestion in
that area. It is imperative that those questions get answered before the Council votes on the Specific
Plan. Yes, those questions should have been answered by now, but they have not been, and will not
be by the September 2nd meeting. It would be highly irresponsible to vote on the No 40 Specific Plan
without clear answers to the PC's questions. This is the single biggest development to hit Los Gatos
in years and has the potential to do serious damage to our way of life here. The Council needs to get
this right and therefore more study of the questions poised is clearly in order before a vote.
There is no rush. Lets take our time and get this right.
Ed Rathmann
0101 ` ''
SILICON VALLEY~,
LEADERSHIP P� GROUP
2001 Gateway Place, Suite 101E
(408)507 -7864 Fax (408)507 -7861
www.svlg.ag
CARL GUARDING August 28, 2014
President & CEO
board Ma or and Councilmembers
STEVE BERGLUND, D, :
Chair Y
Trimble Navigation Town of LOS Gatos
GREG BECKER Vice Chair
SVERrumClal Group 110 E. Main Street
TOM WERNER, Former Chair Los Gatos, CA 95050
SunPower
AARTOEGEUS. Farmer Chair
Synopsys
MICHAEL SPLINTER, Fainter Chair
AppliedMamorals, Inc. Dear Mayor Leonardis and Councilmembers,
ROBERT SHOFFNER
Secaaary7Treasurer
Citibank On behalf of the Silicon Valley Leadership Group, I write to express support for
Board Members: Grosvenor's application for a mixed use community that includes 331 homes on the
JOHN ADAMS
Wells Fargo Bank North 40 site.
SHELLYEARCHAMBEAU
MemcSUeam, Inc.
ANDYBALL By way of background, the Silicon Valley Leadership Group, founded in 1978 by
Suffolk Construction David Packard of Hewlett- Packard, represents more than 375 of Silicon Valley's most
GEORGE BLUMENTHAL
University of Calilorma, Same Cruz respected employers on issues, programs and campaigns that affect the economic
JOHN BOIAND
KQED health and quality of life in Silicon Valley, including energy, transportation, education,
TOM BOTTORFF housing, health care, Tax policies, economic vitality and the environment. Leadership
Pacific Gas Electac
CHRIS BOYD Group members collectively P rovide nearly one of every three private sector jobs in
Kaiser Permanente Silicon Valley.
TORYBRUNO
LockhmmMamn Slace Systems
DAVID CUSH North 40 is a wonderful opportunity to build a vibrant new community. It is also a rare
LLOYD DEAN opportunity as parcels of this size are not readily available in this day and age. As a
LLOYD PP Y P Y 9
DigrxtyHealth result, its size offers the ability to plan something holistically that can address a variety
STEPHEN DEWITT
Hewlett - Packard Company of the Town and region's needs.
MICHAEL ENGH S.J.
Santa Clara University
BILL ENQUIST We have been following the planning process for several years and support the
Stryker Endoscopy application by Grosvenor for a mixed use community, including 331 homes. In
TOM FALLON
1Mrnera particular, we are pleased to see an affordable housing component in the form of 60
TOM GEORGENS homes for low, low income seniors. We encourage the Council to move forward with
Neuipp, Inc.
KEN GOLDMAN the planning of North 40 as well as this application
Yahoo'
RAQUEL GONZALEZ
BankofAmerka We would also like to note our thoughts on the missed opportunities of this site. While
GUIO we support the application submitted by Grosvenor, we are dismayed to see such a
BARBARA HOLZAPFEL low number of homes on such a significant opportunity site.
SAP
KENKANNAPPAN
Plantrorucs Silicon Valley's employers repeatedly cite housing attainability as a top impediment
GARY LAVER to doing usiness in Silicon Valle At North 40 we have a chance to build more
ellealth TARKAN MANER intensely in an area where the immediate impacts, given the relative trade -offs, are
Wyse TK r
AL ERTO MAS A minimal. Yet the Plan, which started at 750 homes, is now hovering at 350. This is a
BDBmsciences pattern we see repeatedly across the Valley. Site by site, project by project, densities
KENMCNEELY
AT &T are reduced, heights lowered, and units scaled back or removed. The end result is a
KEVIN MURAI persistent housing crisis manifested most recently in a year over year 10 %, increase in
Synnex
JES PEDERSEN rents Bay Area wide.
Webcor
KIMPOLESE
Clearstrem We hope that the Council moves forward with the North 40 plan as well as
MOQAYOUMI Grosvenor's mixed use community.
Sanlose State University
VIVEK RANADIVE
necO Sincerely,
ALAN SALZMAN
VanlagePmnl Capital Partners
RONSEGE
Echelon Corporation
MAC TULLY
San lose Mercury News
RICK WALLACE
K1A- Tencor Shiloh Ballard
JED YORK Senior Vice President
San Francisco 49M
Established in 1978 by Housing & Community Development
DAVID PACKARD
From: BSpector <BSoectorClos atg osca.gov>
Date: August 29, 2014 at 9:34:02 AM PDT
To: Greg Larson < larson ulos ate osca.gou>
Subject: FW: N. 40
From: John Shepardson [shepardsonlaw@me.com]
Sent: Friday, August 29, 2014 8:53 AM
To: Steven Leonardis; Marcia Jensen; BSpector
Subject: N. 40
Dear Mayor & Council Members:
Why not the EIR 2nd Superior Alternative of increased residential and reduced commercial?
This reduces traffic. Commercial reduced to 425K. Unclear to me what is the residential
increased to? Other than schools, and 25 percent loss in revenue to schools and gov, what r
downsides?
Better yet.. Reduce commercial and cap residential at existing levels. That's 700K residential and
425K commercial, right?
Even better, PC request for info for reduced residential and commercial to be provided. Say 425k
comet and 25 percent off residential which equals 525K residential.
Also, the 2020 GP was created in 2010 BEFORE traffic started exploding off the charts. 25
percent in 2 years is crazy huge. Add the Albright, Gateway, Swanson projects, as well as Dell's
3M.
JS
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