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North Forty Specific Plan Cont. (see 9/2/14 for previous documents)°wM nF MEETING DATE: 09/16/14 - ITEM NO: ��S cAt °S COUNCIL AGENDA REPORT DATE: SEPTEMBER 10, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER (/ ROBERT SCHULTZ, TOWN ATTORNEYd(7x v &.p —b/ Q,S 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. PREVETT`t4 t A"4WYW( Assistant Town Manager/Director of Community Development Reviewed by: N/A Assistant Town Manager N/A Town Attorney N/A Finance \Ummn data\DEV\tc reports\2014\N40TC9- 16- 14.doc Reformatted: 5/30/02 PAGE MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 September 10, 2014 BACKGROUND: On September 2, 2014, the Town Council conducted a public hearing on the North Forty Specific Plan and the associated General Plan Amendments, Zoning Code Amendment, and Environmental Impact Report (EIR). Following the closing of the public hearing the items were continued to the September 16, 2014 Council meeting due to the lateness of the hour. DISCUSSION: The Council should continue their discussion and take action on the items (North Forty Specific Plan, General Plan Amendments, Zoning Code Amendment, and EIR) as outlined in the staff report for the September 2, 2014 Council meeting. The overarching issues raised by the Planning Commission and public testimony are: • Traffic • Development Capacity and Density • Building Heights • Conditional Use Permits and Economic Vitality • Phasing • Schools Based upon the public comments received at the Town Council meeting related to school impacts and senior housing, staff along with the Town Attorney decided to further explain the State's preemption in regard to impacts on school facilities and also further explain the ability of the Town to impose Senior Housing requirements on a project. A. School Impact Fees The California Government Code § 65996(a) sets forth the "exclusive methods of considering and mitigating impacts on school facilities" resulting from any Town development project. Govt. Code. Section 65995(h) expressly provides that "[t]he payment or satisfaction of a fee, charge, or other requirement levied or imposed... are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving but not limited to, the planning, use, or development of real property, or any change in governmental organization... on the provision of adequate school facilities." Therefore, California law severely limits the ability of the Town to mitigate for school impacts — essentially providing that the payment of these fees is the exclusive measure of such mitigation. Furthermore, Sections 65995(b) and 65996(i) prohibit public agencies from using the California Environmental Quality Act (CEQA) or "any other provision of state or local law" to deny approval of a project on the basis of the project's impacts on school facilities or based upon a project proponent's refusal to provide mitigation in excess of the statutory fees. In other words, PAGE MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- OOI/EIR -10 -002 September 10, 2014 the Town has no ability to require mitigation for school impacts over and above the payment of the statutory fees by developers to the school district. When it comes to arguments about the impact of a proposed development on existing school facilities and their ability to accommodate more students, the CEQA process is essentially ministerial. The Town must accept the fees mandated by Senate Bill 50 as the exclusive means of considering and mitigating the impacts of the proposed development on school facilities. Although municipalities have restrictions on environmental review and mitigation for school impacts, Gov. Code, § 65996(e) states that "[n]othing in this section shall be interpreted to limit or prohibit the ability of a local agency to mitigate the impacts of land use approvals other than on the need for school facilities, as defined in this section." This leaves the Town free to reject a project based on impacts other than the need for "school facilities." In addition, as mentioned by one public speaker, Government Code Section 65998 preserves the traditional power to use the general plan and zoning to identify opportunities for schools. The Town may not ask a developer to donate land for a school site in exchange for a development approval, however, the Town retains its general authority to designate and zone an area for a school. To avoid a taking, local agencies often identify other allowed land uses for the area in the event the school district is unable to purchase the property prior to the consideration of a development application. B. Senior Housing Both federal and state law prohibit the Town from using its planning and zoning powers to deny residency to, or make housing unavailable to, or discriminate against, families with children. Planning or zoning restrictions that are adopted to discourage or prevent families with children from living in the Town, such as zoning sites to permit only senior housing or limiting the number of bedrooms in residences, would violate these provisions. However, all of the fair housing statutes contain exceptions for senior housing. These sections allow discrimination if the housing is built and designed to serve seniors. Housing in compliance with these provisions must either require all residents to be 62 years of age or older; or comply with more stringent design standards and require at least one member of each household to be 55 years of age or older. According to our Housing Element, "The population of the Town is aging. The median age in Los Gatos is currently 45 years, while in 1970 the median age was 30 years. Given Los Gatos' aging population, senior housing is a significant issue for the Town. The California Department of Finance projects that by 2030, Santa Clara County's senior population will continue to increase, both from population growth and from the aging of the existing residents. Over 140,000 people are projected to be added to the county, and 60 percent of that growth will be people 65 or older. By 2030, 1 in 4 adults (and one -fifth of the total population) in the county will be 65 or older. Approximately 5,265 seniors reside in Los Gatos, according to 2010 U.S. Census data, which represents approximately 18 percent of the population. About 80 percent of PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z- 14- 001/EIR -10 -002 September 10, 2014 existing senior households in Los Gatos are homeowners. Given Los Gatos' aging population, senior housing is a significant issue for the Town. Based on national surveys, most seniors would like to be able to remain in their current homes, or, if that is not possible, in their current community." Based upon the Housing Element, the Town could designate senior housing in the Specific Plan at appropriate locations and densities in keeping with the goals and policies of the Housing Element and General Plan. However, if there is any evidence that the provisions for senior housing were adopted with the intent of excluding housing for families with children, the Specific Plan could be found to be invalid. Therefore, the Town should not adopt Specific Plan provisions for the North Forty with the intent of excluding or discouraging families with children because of overcrowding of schools. As an alternative to designating senior housing at set locations and densities, the Town could provide incentives for senior housing in recognition of its unique characteristics: lower automobile use, less traffic, and smaller household size. For instance, State density bonus law permits all senior housing to receive a 20 percent density bonus whether or not it is affordable. C. Attachments Attachment 25 to this report is a copy of an exhibit that was displayed during public testimony on September 2, 2014 by Mr. A. Don Caprobres of Grosvenor Americas. This report also transmits correspondence received after the September 2 Council meeting (Attachments 26 and 27). In addition, Attachment 28 contains a letter from the Town's traffic consultant, Fehr & Peers, regarding the analysis of potential impacts on Highway 85. The Final EIR (Attachment 2) identifies significant unavoidable impacts on Highway 85, specifically for the southbound segment between Winchester Boulevard and Highway 17 in the evening peak hour. Another segment of southbound Highway 85 (between Bascom Avenue and Union Avenue) is also impacted in the evening peak hour as described in Attachment 28. Highway 85 has been identified as having significant, unavoidable impacts and even with a proposed mitigation measure of a transportation development impact fee payment to the Santa Clara Valley Transportation Authority, the impacts to Highway 85 remain significant and unavoidable as disclosed in the FEIR. Lastly, to assist the Town Council in its consideration of the Planning Commission's recommendations (Attachment 11), staff has taken the recommendations and placed them in a table with proposed responses for Council consideration. The responses identify the need for Council direction on specific policy issues, specific additional analyses, or specific text changes to the Specific Plan with references to particular Attachments as appropriate. Attachment (Previously received on April 4, 2014): 1. Draft Environmental hnpact Report (htto: / /www.los atg osca.gov/N40DEIR) PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 September 10, 2014 Attachments (Previously received on July 1 1.2014): 2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program (http://www.losgatosea.gov/N40FEIR) 3. Public Hearing Draft North Forty Specific Plan (Note: The complete Specific Plan including appendices is also available online at: htt-o://www.losgatosea.tzov/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 Attachments (Previously received with Staff Report 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 (Previously received with Addendum on August 29 2014): 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 PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 September 10, 2014 Attachments (Previously received with Desk Item on September 2, 2014): 21. Map of the Los Gatos Union School District Boundary and school site options within the North 40. 22. Letter from the Los Gatos Union School District received Friday, August 29, 2014 after 11:00 a.m. 23. Public Comment received from 11:01 a.m. Friday, August 29, 2014 through 11:00 a.m. Tuesday, September 2, 2014. 24. Additional Limitations for Commercial (Exhibit 8 from the August 15, 2012 Advisory Committee meeting. Attachments received with this report: 25. Grosvenor exhibit displayed at the September 2, 2014 Town Council meeting. 26. Letter from the Los Gatos Union School District, dated September 5, 2014. 27. Public Comment received from 11:01 a.m. Tuesday, September 2, 2014 through 11:00 a.m. Thursday, September 11, 2014. 28. Fehr & Peers letter dated September 10, 2014. 29. Table of Planning Commission recommendations and proposed responses for Council consideration. Distribution cc: Grosvenor Americas, Attn: Steve O'Connell, I 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 d Q a N t a 1 M m 0 m N O ci O J C � 56� 3S yII p4 g 3 S N b s L m L� �u e 4 4 8 S C j Ll 4 p� W psi z z® � a g� a' g w� _r® F ' Y CJ d 6 n IIIIeII 4 — .9 u __ 5 1 f O � n O G [ ;um v d 0 N 4IIIIIIS4S � Z =�ISa6oH� Z C F 7O �1 W O� ATIACHWNT 2 5 C7 This Page Intentionally Left Blank Los Gatos Union School District 17010 Roberts Road Los Gatos, CA 95032 (408) 335 -2000 Phone (408) 395 -6481 Fax www.leusd.kl2.ca.us Dr. Diana G. Abbati, Superintendent Pr'N SENT VIA MAIL and EMAIL at ilarson(t4loseatosca.2ov September 5, 2014 Greg Larson, Town Manager Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Dear Mr. Larson: We respectively ask that the following documents be resubmitted to the Town Council for information in the September 16, 2014 agenda packet. • August 29, 2014 letter sent to the Town regarding North 40 Specific Plan • March 6, 2013 letter sent to the Town regarding Draft North 40 EIR • April 26, 2010 letter to the Town regarding Draft 2020 General Plan EIR Please let me know if the Town Council members would like additional information regarding questions asked at the September 2, 2014 meeting. Sincerely, vmst4 ry. ' 4454u Diana G. Abbati, Ed.D. Superintendent cc: Los Gatos Union School District Board of Trustees at boardmembers(d;lgusd.kI2.ca.Lis Town Council at council(Ii losaatosca.gov Town of Los Gatos Planning Commission at litg(aHosgatosca.gov Don Capobres, Grosvenor at Don.Capobms(derosvenoncom Wendi Baker, SummerHill Homes at WBaker(iishhomes.com Bob Mistele, Superintendent, Los Gatos - Saratoga Union High School District at bntistcic(d lgsuhsd.ora Board of Trustees • Kathy Bays • Scott Broomfield • Emi Eta • Leigh -Anne Marcellin • Tina Orsi- Hartigan ATTACHMENT 2 6 Los Gatos Union School District 17010 Roberts Road Los Gatos, CA 95032 (408) 335 -2000 Phone (408) 395 -6481 Fax www.leusd. k I Ica. u.s Dr. Diana G. Abbati, Superintendent n SENT VIA MAIL and EMAIL at ,ipaulson a,losgatosca.gov August 29, 2014 Town of Los Gatos c/o Joel Paulson, Community Development Department 110 E. Main Street Los Gatos, CA 95030 Dear Mayor Leonardis, Town Council Members, Planning Commissioners and Staff: Thank you for the opportunity to provide additional comments on the North Forty Specific Plan and share the views of the Los Gatos Union School District as to the scope and content of the proposed project's impact on the schools, pedestrian and bicycle impact, traffic and air quality. As the plans to develop the North Forty are moving ahead with the Town of Los Gatos, change is inevitable. If we can be certain of anything, we can learn from the past to understand the forces to move one step ahead to improve and preserve this historic community for generations to come. Who would have imagined that the Los Gatos Union School District would be at capacity today given all the new housing developments approved since 2008 just as the last recession was taking hold? There is no doubt that the North Forty Specific Plan land use will contribute to the large number of new units already approved in the Town of Los Gatos General Plan. As a residential, mixed -use, and commercial development, the project will be profitable — in large part because of the excellence of the school systems that serve the children of the Town. While we take deserved pride in those schools, their ability to adequately serve our students will be challenged by the land use and parameters contemplated in this plan. Based on our current enrollment, we can extract data from the District's PowerSchool student information system to accurately depict the most up -to -date student generation rate per household for recently constructed developments. (See Table 1) Table 1: Los Gatos Union School District Student Generation Rates Development Number of Homes District Enrollment as of 8/27/14 Generation Rate Bluebird Lane 19 18 0.95 Brookside 89 40 0.45 Laurel Mews 22 13 0.59 Montecito 25 10 0.40 Average Student Generation Rates as of 8/27/14 1 0.60 Board of Trustees • Kathy Bays • Scott Broomfield • Emi Eto • Leigh -Anne Marcellin • Tina Orsi- Hartigan Page 2 — August 29, 2014 North Forty Specific Plan Based on current projections, we estimate that the North Forty Specific Plan, would add approximately 180 new students to our schools, therefore impacting not only the capacity at our elementary and middle school sites, but also have a dramatic affect on traffic, safety and air quality. Even with the new construction of Lexington Elementary School, we know from undergoing an extensive long -term facility master plan that the District will need a four -acre parcel to build a new school site. Furthermore, the estimated cost to build one new classroom is approximately $800,000 today. Depending upon the scope and size of a new school, excluding land cost, the District has the bonding capacity to plan accordingly. Therefore, we urge the Town Council to approve the Planning Commission's recommendations to the North Forty Specific Plan in regards to: • Traffic impact and analysis to include new development and demographic information consistent with the reality that the North Forty development will have on the already congested traffic in Los Gatos and overcrowding of schools. The unmet need of schools to include several policies to the North Forty Specific Plan requiring: • Developers to work closely with school districts to address school needs by reviewing enrollment growth and current demographic studies to address traffic impact on citizens, safe routes to school for children and overcrowding of Los Gatos schools. • Provide an incentive for developers to partner with school districts for the identification of school sites and funding strategies to address overcrowding in the Los Gatos schools particularly as it relates to the development of the North Forty. • Transportation and connectivity to include a policy to improve transit strategies to reduce car and global warming emissions by connecting North Forty with schools, downtown, and bicycle paths, lanes and trails with a focus on safe routes for citizens and families of Los Gatos. The quantity and quality of many amenities and public services (i.e., fire and police protection/safety, educational, transportation, and recreational opportunities) will be inadequate to meet the needs of the residents of Los Gatos. A sustainable community recognizes the importance of scale and capacity. It ensures that the community is not overdeveloped, overbuilt, overused, or overpopulated. It recognizes the signs of tension that indicate when the community is overstressed and is responsible to adjust for the demands on the environment, to avoid pollution, overcrowding, and social disintegration. Board of Trustees • Kathy Bays • Scott Broomfield • Emi Eto • Leigh -Anne Marcellin • Tina Orsi- Hartigan Page 3 — August 29, 2014 North Forty Specific Plan Schools and families are a part of social networks, particulates and currents are a part of air systems, and bike lanes and pedestrian walkways are a part of transportation networks. The Town Council is entrusted with promoting and implementing this truth through its policies whether by mitigating overcrowding of schools or attracting economic development. The Town Council should not simply react to processes but takes action to prevent risks to community well being and to maximize good opportunities for future generations. It is our sincere hope that the Town Council will keep our concerns in mind as you consider the impact of this new project, so that we all can continue to maintain the strong sense of pride in the educational opportunities our children have in the public education systems that serve the Town of Los Gatos. Sincerely, Diana G. Abbati, Ed.D. Superintendent cc: Los Gatos Union School District Board of Trustees at boardmembers(d,,Igusd.kI2.ca.us Town Council at council(ulosg tosca.gov Town of Los Gatos Planning Commission @ planning( %losgatosca.gov Don Capobres, Grosvenor at Don.CapobresC&grosvenor.com Wendi Baker, SummerHill Homes at WBaker(Nshhomes.com. Bob Mistele, Superintendent, Los Gatos - Saratoga Union High School District at bmistele( Igsuhsd.org Board of Trustees • Kathy Bays • Scott Broomfield • Emi Etc • Leigh -Anne Marcellin • Tina Orsi- Hartigan Los Gatos Union School District 17010 Roberts Road Los Gatos, CA 95032 (408) 335 -2000 Phone (408) 395 -6481 Fax www.lausd.kl2.ca.us Dr. Diana G. Abbati, Superintendent SCHOOL SENT VIA MAIL and EMAIL at ivaulson(a losgatosca.eov March 6, 2013 Joel Paulson, Senior Planner Community Development Department Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 RE. Draft North Forty Specific Plan Environmental Impact Report Dear Mr. Paulson: I would like to provide comments on the Draft North Forty Specific Plan Environmental Impact Report and the views of the Los Gatos Union School District as to the scope and content of the proposed project's impact on the schools, pedestrian and bicycle impact, ftatTic and air quality. The report contemplates the environmental impact of 364 new residential housing units, 400,000 square feet for commercial use, 125,000 square feet of office use, and 125,000 square feet for hotel/conference center use being in the North 40 region. While we understand that multiple use of this land is currently before the Town in various stages of review, the North Forty Specific Plan land use as outlined in the project description will contribute to the large number of new units already approved in the Town of Los Gatos General Plan. We believe the development of the North 40 as a residential, mixed -use, and commercial development is profitable — in large part because of the excellence of the school systems that serve the Town. While we take deserved pride in those schools, their ability to adequately serve our students will be challenged by the land use and study parameters contemplated in this plan. Based on our current projections, 364 new units would add 104 additional students to our schools, therefore impacting not only the capacity at our school sites but also impact traffic and air quality. We are already exceeding the planned capacity of our schools. At Blossom Hill, the estimated capacity at our current class sizes is 585, and the school is serving 690 students. Daves Avenue Elementary School is serving 570 on a capacity of 535. Louise Van Meter Elementary has enrolled 645 in a school built for 495. We have eliminated the use of classrooms as computer labs, loaded our 4`h and 5t° grade classrooms to capacity, and are tightly constrained with few degrees of flexibility at each of our elementary sites. R.J. Fisher Middle School is now educating over 1,100 students and will grow significantly over the coming years as these elementary students move through our system, and as new housing is added. Page 2 — March 3, 2013 Draft North Forty Specific Plan Environmental Impact Report An equally important issue to us is the traffic impact on intersections that surround our schools. The history of the district has left us with three schools near the Los Gatos Boulevard corridor. Adding a significant number of students will have a great impact on the busiest intersections near these schools. Because the Town and the parent community pride themselves on walking and biking options for transportation, keeping these intersections safe is at the forefront of our concerns. We are starting an effort to revisit our Safe Routes to Schools and Sustainability /Green Initiatives, as designated by the Town, and look forward to collaborating on a review that includes the potential impact of these additional housing units. I hope the various governing bodies that oversee development within the Town of Los Gatos boundaries will keep our concems in mind as you consider the impact of this new project, so that we all can continue to maintain the strong sense of pride in the educational opportunities our children have in the public education systems that serve the Town of Los Gatos. In addition to the direct impact on our schools, the intersection of Los Gatos Boulevard and Blossom Hill Road is one of the most heavily traveled in Town during school hours and especially busy during drop off and pick up times. We continue to have a concern about the safe travel of both cars and children across this busy intersection as they make their way to school in the morning and back home after school. We hope the Town has given ample consideration to the traffic impact implicit in the site design of this project, and in the number of units and commercial development that will generate more cars coming and going. Please give full consideration to the needs of the Town's children and its schools as you consider this project. Sincerely, " "� ?� 6 , Ah ci `.r iana G. tati, Ed.D. Superintendent cc: Greg Larson, Town Manager Bob Mistele, Superintendent, Los Gatos Saratoga Union High School District Board of Trustees, Los Gatos Union School District C (0is -V April 26.2010 Greg Larson, Town Manager Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Dear Mr. Larson: Los Gatos Union School District 17010 Roberts Road Los Gatos. CA 95032 -45 10 Phone: (408) 335-2000 Fax: (408)395 -6181 �%y_w ,I,,1 s1 IbU U.2. J. Richard Whitmore, Superintendent SCHOOL DISTRICT 1 would like to provide comments on the Draft 2020 General Plan Environmental Impact Report. The report contemplates 1,600 new housing units by the year 2020 with the preponderance of those units being in the "North 40" region. However, there are also multiple proposals currently before the Town in various stages of review that will infill sites along the Los Gatos Boulevard corridor and in various nooks and crannies of potential development, and these also contribute to the large number of new units. We believe that residential development is attractive — and appears to be the highest and best use for most parcels within the Town boundaries — in large part because of the excellence of the school systems that serve the Town. While we take deserved pride in those schools, their ability to adequately serve our students will be challenged by the pace of development contemplated in this Draft General Plan. Based on our current expectations, 1,600 new units would add 537 students to our schools. This exceeds even our most aggressive forecasts of new enrollment. In addition to the potential impact of this plan, we will also be adding students from the Guadalupe Mines tract that is adding residential units in a San Jose address that is at the outer edges of our school district. Issue number one is school capacity. While we are planning to add capacity to serve 710 new units per our demographic study, and are asking the voters of our district to approve a bond initiative to assist with the capital required for those facilities, we have not contemplated the impact of almost 900 additional units. We need to understand the entire scope of the location, timing, and specific student generation rates for all of this additional housing. We are already exceeding the planned capacity of our schools. At Blossom Hill, the estimated capacity at our current class sizes is 585, and the school is serving 655 students. Daves Avenue Elementary School is serving 544 on a capacity of 535. Louise Van Meter Elementary has enrolled 553 in a school built for 495. We have eliminated the use of classrooms as computer labs, loaded our 1X' and 5" grade classrooms to capacity. and are tightly constrained with few degrees of flexibility at each of our elementary sites. R.J. Fisher Middle School is now over 1,000 students and will grow significantly over the coming years as these elementary students move through our system, and as new housing is added. An equally important issue to us is the traffic impact on intersections that surround our schools. The history of the district has left us with three schools near the Los Gatos Boulevard corridor. Adding a significant BOARD OF I'RUSI'FF:S -Kathleen Bads -Phil F. Couchee •IAwg Halhcrl Wiwi, Miller • I'ina Onidlcv8gun number of students will have a great impact on the busiest intersections near these schools. Because the Town and the parent community pride themselves on walking and biking options for transportation, keeping these intersections safe is at the forefront of our concerns. We are starting an effort to revisit our Safe Routes to Schools, as designated by the Town. and look forward to collaboratit8g on a review that includes the Ixncntial impact of these additional housing units. I hope the various governing bodies that oversee development within the Town of Los Gatos boundaries will keep our concerns in mind as you consider approving new development, so that we all can continue to maintain the strong sense of pride in the educational opportunities our children have in the public education systems that serve the Town of Los Gatos. Sincerely, Richard Whitmore c: Wendie Rooney, Town of Los Gatos Joel Paulson, Town of Los Gatos Cary Matsuoka, Superintendent, Los Gatos Saratoga Union High School District Board of Trustees, Los Gatos Union School District HOARD OF 'I RUSI EES •K:ehlecn Hales -Phil E. Couchce *Doug Helhert .01m, %filter •rill., Or'i- Ihuligan From: Kim Simon [mailto:kimisimon(&yahoo com] Sent: Tuesday, September 02, 2014 2:13 PM To: Council CC: Town Manager Subject: North 40 Project To the members of the Los Gatos Town Council: My name is Kim Simon and, with my husband, Dave, and our 2 children, have lived in Los Gatos for 7 years. We waited a very long time to decide where we would settle down to raise our family and to enjoy our eventual retirement years- we fell in love with Los Gatos and now can't imagine living anywhere else! We have been absolutely thrilled with so many of the improvements and developments that we have witnessed over these 7 years, and have paid close attention to the North 40 Specific Plan as well. We live on the more northern side of town and are appreciative of local impact from any development or improvement project. My letter is to express my support of the current plans for the North 40. I have been quite impressed by the process with which the developers have used to create a plan that will fill unmet needs for our community (unique housing offerings, retail, and the marketplace concept) while enhancing and improving our town. Summerhill and Grovesnor have shown themselves to be very thorough and thoughtful, soliciting input from the community as well as business partners and the town. From what I have learned, they have made many adjustments based on this input. This means a lot to me, and strengthens my trust in the final outcome being something that will bring beauty, and more revenue, to our beloved Los Gatos. I hope that the Town Council will approve the Specific Plan and allow this project to finally get going! I am excited to see what is to come. Sincerely, Kim Simon 15680 Winchester Blvd Los Gatos, CA 95030 ATTAcHmENT 2 7 From: Manuela Marani [ mailto :manuela632002(a),vahoo.com] Sent: Wednesday, September 10, 2014 11:27 AM To: Council; Cindie Gonzales Subject: Supporting the North 40 project Dear Council Members, Please find below a letter regarding the North 40 project. Thank you for your time and consideration. Best, Manuela Marani Manuela Marani (408) 399 -9019, 107 Ceder Crest PI, Los Gatos, CA Letter: North 40 - Town of Los Gatos offers innovative solution addressing needs of baby boomers and millenials As a proud grandmother of children who attend Los Gatos Union District Schools, and long -time Los Gatos resident, I could not be more proud of the time, effort and consideration the Town of Los Gatos has invested in developing the North 40 specific plan. The Town involved the community, schools, developers, transportation and environmental experts, and even appointed a select Advisory Committee to put forth the most encompassing plan that meets our town's needs and offers a welcome mix of diversity to our population. While there are many elements of the plan I find appealing, what is most impressive is the Town's innovative approach in accommodating the "bookend" generations — our parents, relatives and friends who want to downsize, but still wish to live in town; and our older kids and young single professionals, who strive to buy their fast apartment in a dynamic town. The town's vision is backed by recent studies showing that baby boomers, such as myself, are no longer interested in moving to retirement homes, but are opting for more active and intergenerational living that is closer to family, friends and their extended community. Their housing needs are the same as millenials - smaller accommodations that are close to dining, retail and public transportation. Without the North 40, there are very limited local options for these generations, if any. The North 40 specific plan has undergone years of discussion and deliberation, countless meetings and extensive research. Every point and opinion has been vetted and considered. It is now time to move forward — Town Council members, 1 urge you to vote "yes" and approve a plan we know will work for Los Gatos. Asking the Town to approve the North 40 project With three children in LGUSD, I know we have a school district that is the envy of many in the Silicon Valley area. What makes it great are involved parents, manageable class sizes and careful stewardship of our school funds. And my pride in our school district is one of the main reasons that I am supporting the North 40 development plan currently under consideration. The Town of Los Gatos, Advisory Committee, two school districts and developers have put substantial thought and research (more than six years) into a plan that makes sense for all of Los Gatos. Our schools will benefit from increased revenue, but not at the expense of an influx of students. The type of housing under consideration in the current plan does not lend itself to families — instead, the residents will likely be either younger or older, providing a nice mix of diversity to our population, and a nice boost to our coffers. No one wants class sizes to grow, but everyone wants increased funding to schools. Typically these goals are mutually exclusive. But with the current plan, I believe we can achieve both those goals simultaneously— a win /win for our economy and our schools. This master plan makes sense for a variety of reasons, and I believe we should support this cohesive solution, rather than risk some patchwork approach over the coming years that might result from a developer that hasn't put the same thought and research into creating something that works for all members of the Los Gatos community. -Tim Johnston RECEIVED SEP 10 2014 TOWN OF LOS GATOS PLANNING DIVISION THIS PAGE INTENTIONALLY LEFT BLANK 1 In consideration of Town Council of LosGatos and in regards to the North 40 Specific Plan. As a business owner for over a decade, and resident in town, I would like to state my opinion. My business is located within the North 40. This side of town has been alienated for years. The North 40 Specific Plan is the perfect complement to unite the Los gatos community together as a whole. Truly bridging the gap between downtown and the North 40 area. Over the years LosGatos has continued to grow. Even when other communities suffered through tough economic times, LosGatos persevered. It wasn't easy, but because of the diversity and bond between all of the businesses and residents and locals and tourists, a standard was set! I understand people do not accept change sometimes for various reasons, but over the years this town HAS CHANGED and has evolved into a much stronger town because of its history, and preserving that, yet also allowing growth, that is well thought out. The Specific Plan has been scrutinized, as it should be, but it maximizes the full possibility and potential of this important area. Obvious objectors have been heard and should be. People worry about schools and overcrowding and traffic congestion and competition, etc. On the other hand there are many business owners and residents in the North 40 area that want an influx of people to stimulate business and create jobs and beautify this parcel of land, finally! The Specific Plan does this! And the residents on this side of town want places to shop and dine and walk within steps of their homes, now have a plan that finally addresses this. The town should embrace any opportunity to attract people to visit LosGatos. To reside here, to shop here, to go to downtown! To hike the trails. To enjoy Vasona! If the plan doesn't happen, then businesses and diversity stay status quo. If that's okay with people, then that isn't good enough! This is an opportunity to bring diversity, and ideas, and new businesses, into this wonderful town. For fellow business owners, you know that we all network each other's business! Sending people across town to eat at different places! To gather at different events! To shop at different places. Whether it's downtown or at the North 40! This is a key component in our success. This side of town needs this! And so does downtown. And yes there are valid concerns. But, overall, for the future of the entire town, this plan solidifies and merges and guarantees future success. I am in full support of the North 40 Specific Plan. As with any change in great z towns such as ours I know there are advocates and also opposition. With the new development I see growth as a whole for the entire town. The new jobs created by the retail shops including mine will increase revenue not only for the businesses in this area but also for downtown merchants. New small business owners will bring in new products and diversity into this incredible town. The plan focuses on beautifying this side of town. The landscaping plan brings in new plants and trees and natural vegetation that will more than compensate for the loss of the orchard. Downtown's historic charm is the mainstay of LosGatos and will always be the centerpiece. The careful planning of new residences will increase business in downtown and give the residences on this side of town a reason to shop in all of Los Gatos instead of looking to other nearby towns or retail outlets. For years different ideas have been proposed for the North 40. And this is by far the ideal use of this parcel of land. Traffic is going to be an issue whether or not this plan is utilized. It's a fact in any small town or city, especially in Silicon Valley. The proposed retail portion is non competitive with downtown retailers. In fact, it will draw in non LosGatos residents to explore all that this town has to offer. I applaud the patience and care that the Council has dedicated to this important matter and know that this development is in the best interest in the present and future of this amazing town. With Regards, M. Ellenburg, resident, and business owner, town of Los Gatos. FEHR7' PEERS September 11, 2014 Trang Tu Nguyen, P.E. Senior Civil Engineer Town of Los Gatos Subject: Revised Freeway Impact Analysis for North 40 Transportation Impact Analysis DearTrang: Please find attached the results of our revised Existing + Project freeway operations analysis for the North 40 TIA. During a follow -up review of the North 40 TIA freeway operations analysis, one additional freeway segment (SB State Route 85 from Bascom to Union for the PM Peak Hour) was found to have a significant impact under Existing + Project A conditions. Please contact me or Jane Bierstedt at 408 - 278 -1700 with any questions. Sincerely, FEHR & PEERS Sarah Peters Transportation Planner Attachment: Revised Freeway Impact Analysis 160 W Santa Clara Street I Suite 675 1 San Jose, CA 95113 1 (408) 278 -1700 1 Fax (408) 278 -1717 ATTACHMENT 2 8 www.fehrandpeers.com Trang Tu Nguyen September 11, 2014 Page 2 of 4 FREEWAY SEGMENT OPERATIONS Freeway impacts are evaluated by comparing the amount of traffic added by the project to existing freeway volumes. Project Alternative A The amount of traffic contributed by Project Alternative A will deteriorate one freeway segment from an acceptable LOS E to an unacceptable LOS F, and add more than 1% of capacity to one freeway segment currently operating at LOS F, thereby producing a significant impact on two freeway segments: — Southbound SR 85 from Winchester Boulevard to SR 17 (PM peak hour mixed -flow lanes); — Southbound SR 85 from Bascom Avenue to Union (PM peak hour mixed -flow lanes). Project trips, resulting LOSS, segment capacities, and the amounts of added project traffic expressed as a percent of the segment's capacity for Alternative A are presented in Table 1. Project Alternative B The amount of traffic contributed by Project Alternative B will add more than 1% of capacity to one freeway segment currently operating at LOS F, thereby producing a significant impact: — Southbound SR 85 from Winchester Boulevard to SR 17 (PM peak hour mixed -flow lanes); Project trips, resulting LOSs, segment capacities, and the amounts of added project traffic expressed as a percent of the segment's capacity for Alternative Bare presented in Table 2. It should be noted that a reduction of three project trips on this freeway segment would result in a less- than - significant impact. Trang Tu Nguyen September 11, 2014 Page 3 of 4 Notes: NB = Northbound, SB = Southbound, Cap = Capacity. 1. Mixed -flow and HOV lane capacities measured in passenger cars per lane. 2. Percent determined by dividing the number of project trips by the freeway segment's capacity. 3. Addition of project trips increases segment density from 58 to 59. 4. Addition of project trips adds more than 1% of capacity to segment already operating at LOS F. Bold text indicates significant impact, determined by increase to segment density. Segment Density = (Existing flow . project trips) /( #lanes "speed) Sources: 2012 Monitoring and Conformance Report, VTA June 2013; Fehr & Peers 2014. TABLE 1 - EXISTING PLUS PROJECT A FREEWAY SEGMENT LEVELS OF SERVICE Mixed Flow' HOV' Freeway From To Peak - Hour Added LOS Cap' %' Added LOS Cap' %2 Trips Saratoga Los Lark Avenue AM 18 E 0.4% Gatos Road PM 22 C 4400 0.5% N/A NB SR 17 Lark Avenue SR 85 AM 34 D O.8% PM 80 C 4400 1.8% N/A SR 85 San Tomas/ AM 34 D 0.5% Camden Ave PM 80 C 6900 12% N/A San Tomas/ SR 85 AM 51 C Camden Ave PM 61 C 6900 0.9% N/A SB SR 17 SR 85 Lark Avenue AM 51 C 4400 1.2% PM 61 D 1.4 N/A Lark Avenue Saratoga Los AM 11 C 0.3% Gatos Road PM 28 E 4400 0.7% N/A Camden Avenue Union Avenue AM 46 F 4600 1.0/ 8 E 0.5% PM 55 D 12% 8 A 1650 0.5 Union Avenue Bascom Avenue AM 46 F 4fi00 1.0% 8 F 0.5% PM 55 C 1.2% 8 A 1650 0.5 NB SR 85 Bascom Avenue SR 17 AM 29 F 4600 0.6% 5 F 03% PM 69 C 15% 11 A 1650 07% SR 17 Winchester AM 29 F 0.6% 5 F 0.3% Boulevard PM 68 C 4600 1.5% 12 B 1650 0.7 Winchester Saratoga Avenue AM 29 F 4600 0.5% 5 E 0.3% Boulevard PM 71 D 1.5% 9 A 1650 0.5% Saratoga Avenue Winchester AM 43 C 0.9% 8 A O.S% Boulevard PM 52 E 4600 11% 9 D 1650 0.6 Winchester SR 17 n AM 43 C 0.9% 8 0.5% Boulevard PM 52 F 4600 11% 9 C 1650 0.6 SB SR 85 SR 17 Bascom Avenue' AM 0 B 4600 0.0% 0 A 0.0% PM 0 F 0.0% 0 D 1650 0.0% Bascom Avenue Union Avenue' AM 31 C 0.7% 5 A 03% PM 71 4600 F 1.5% 12 D 1650 03% Union Avenue Camden Avenue AM 32 C 4600 0.7% 4 A 0.2% PM 71 E 1.5% 12 D 1650 0.7 Notes: NB = Northbound, SB = Southbound, Cap = Capacity. 1. Mixed -flow and HOV lane capacities measured in passenger cars per lane. 2. Percent determined by dividing the number of project trips by the freeway segment's capacity. 3. Addition of project trips increases segment density from 58 to 59. 4. Addition of project trips adds more than 1% of capacity to segment already operating at LOS F. Bold text indicates significant impact, determined by increase to segment density. Segment Density = (Existing flow . project trips) /( #lanes "speed) Sources: 2012 Monitoring and Conformance Report, VTA June 2013; Fehr & Peers 2014. Trang Tu Nguyen September 11, 2014 Page 4 of 4 TABLE 2 - EXISTING PLUS PROJECT B FREEWAY SEGMENT LEVELS OF SERVICE Notes: NB = Northbound, SB = Southbound, Cap = Capacity. 1. Mixed -flow and HOV lane capacities measured in passenger cars per lane. 2. Percent determined by dividing the number of project trips by the freeway segment's capacity. Bold text indicates significant impact, determined by increase to segment density. Segment Density = (Existing flow . project trips) /( #lanes' speed) Sources: 2012 Monitoring and Conformance Report, VTA June 2013; Fehr & Peers 2014. Mixed Flow HOV' Peak Freeway From TO Hour Added LOS a Cap z % Added z LOS Lap ] % Tri s P Trips Saratoga Los AM 7 E 4400 0.2% N/A Gatos Road Lark Avenue PM 21 C O.S% AM 28 D 4400 0.6% N/A NB SR 17 Lark Avenue SR 85 PM 49 C 11% San Tomas Expy/ AM 28 D 6900 04% N/A SR 85 Camden Avenue PM 49 C 0.7% San Tomas Expy/ AM 19 C 6900 0.3 N/A Camden Avenue SR 85 PM 57 C 0.8% AM 19 C 4400 0.4% N/A SB SR 17 SR 85 Lark Avenue PM 57 D 1.3 % Saratoga Los AM 10 C 4400 02% N/A Lark Avenue Gatos Road PM 18 E 0.4% AM 17 F 4600 0.4 / 3 E 1650 02 Camden Avenue Union Avenue PM 51 D 1.1% 8 A 05% AM 17 F 4600 0.4% 3 F 1650 0.2% Union Avenue Bascom Avenue PM 52 C 1.1% 7 A 0A% AM 24 F 4600 0.5% 4 F 1650 0.2% NB SR 85 Bascom Avenue SR 17 PM 42 C 0.9% 7 A 0.4% Winchester AM 24 F 4600 0.5% 4 F 1650 0.2% SR 17 Boulevard PM 42 C 0.9% 7 B 0.4% Winchester AM 24 F 4600 O.S% 4 E 1650 02% Saratoga Avenue PM 44 D 1.0% 5 A 0.3% Boulevard Winchester AM 16 C 4600 0.4% 3 A 1650 02% Saratoga Avenue Boulevard PM 48 E 1.04% 9 D 06% Winchester AM 16 C 4600 0.4/0 3 A 1650 0.2% Boulevard SR 17' PM 48 F 1.04% 9 C 06% AM 0 B 4600 0.0% 0 A 1650 0.0% SB SR 85 SR 17 Bascom Avenue PM 0 F 0.0% 0 D 0.0% AM 26 C 0.6/ 4 A 1650 0.2% Bascom Avenue Union Avenue PM 42 F 4600 0.9% 8 D 0.5% AM 27 C 4600 0.6% 3 A 1650 0.2% Union Avenue Camden Avenue - ,1 na/. R D 0.5% Notes: NB = Northbound, SB = Southbound, Cap = Capacity. 1. Mixed -flow and HOV lane capacities measured in passenger cars per lane. 2. Percent determined by dividing the number of project trips by the freeway segment's capacity. Bold text indicates significant impact, determined by increase to segment density. Segment Density = (Existing flow . project trips) /( #lanes' speed) Sources: 2012 Monitoring and Conformance Report, VTA June 2013; Fehr & Peers 2014. Attachment 29 Planning Commission Recommendations and Proposed Responses Recommendation Response Traffic Update the traffic analysis to include the new Key Policy Issue for Council development capacity identified in the recently consideration (see Staff Report for released Notice of Preparation for the Dell Avenue 9 -2 -14 meeting, pages 6 — 8) Area Plan. Update the traffic analysis to study the effects of Key Policy Issue for Council full interchanges at Winchester and Highway 85, consideration (see Staff Report for and Bascom and Highway 85. 9 -2 -14 meeting, pages 6 — 8) Analyze the reduction in traffic impacts with a Key Policy Issue for Council reduction in the overall development capacity of consideration (see Staff Report for the Specific Plan. 9 -2 -14 meeting, pages 6 — 8) .Transportation and Connective Add a policy to the Specific Plan to preserve Suggested Policy Language in bicycle and pedestrian connection opportunities Attachment 18, page 3 between the North 40 and the Los Gatos Creek Trail and other places in Los Gatos, including a potential bridge over Highway 17. Require all bike lanes and sharrows to be painted Suggested Policy Language in green. Attachment 18, page 4 Add a policy on page 4 -1 regarding transit Suggested Policy Language in strategies to connect North 40 with downtown, Attachment 18, page 4 commercial centers, and other employment centers via light rail transit, bus, bicycle paths, and trails. Land Use Guarantee senior housing by adding a requirement Council may add a requirement that a certain number or percentage of the pursuant to the guidance from the proposed housing must be senior housing. Town Attorney contained in the Addendum and Desk Issue for the 9 -2 -14 meeting and in the Staff Report for the 9 -16 -14 meeting. Increase the open space requirements, recognizing The Council may choose to modify that open space may be used for a future school. the text of the Specific Plan with specific parameters. AITADI• Er4T 2 9 North 40 Specific Plan Attachment 29 Page 2 Recommendation Response Consider lower densities for both residential and Key Policy Issue for Council non - residential uses. consideration (see Staff Report for 9 -2 -14 meeting, pages 7 and 8) Retitle and modify Policy LU3 on page 2 -2 as Suggested Policy Language in follows: "Mix and Size of Uses: Provide a mix and Attachment 18, page 1 size of uses in the Specific Plan Area to promote the sfeatiwi a a lively, walkable neighborhood that is complementary to other Los Gatos residential neighborhoods and commercial centers makeq AR NoAh 40 Speeifie Plan Axe and serves as a resource to North 40 residents, business, and adjacent neighborhoods." Modify Policy LU4 on page 2 -2 as follows: Suggested Policy Language in "Commercial development... shall be Attachment 18, page 1 complementary to Downtown, Los Gatos Boulevard and the four neighborhood centers..." Modify Policy LU7 on page 2 -2 as follows: Suggested Policy Language in "Eating and drinking establishments ... are intended Attachment 18, page 1 to serve... and satisfy the unmet needs of the Town of Los Gatos." Modify Policy LU8 on page 2 -2 as follows: "A Suggested Policy Language in hotel facility development within the North 40 Attachment 18, page 1 Specific Plan Area is intended to serve an unmet need of the Town and should include..." Modify Policy LU10 on page 2 -2 as follows: Suggested Policy Language in "Provide and integrate a mix of residential product Attachment 18, page 1 types to serve the unmet housing needs within the Town of Los Gatos and to minimize impact on schools, while complying with Senate Bill 50, Schools Facilities Act." Modify Policy LUl l on page 2 -2 as follows: Suggested Policy Language in "Proposed uses should complement the existing Attachment 18, page 1 balance ... in downtown Los Gatos and in the four neighborhood centers." Modify the residential categories in sections 2.4 Suggested Policy Language in and 2.7.1, table 2. 1, and table 2.2 so they are Attachment 18, page 1 consistent. North 40 Specific Plan Attachment 29 Page 3 Recommendation Response Table 2 -1 Permitted Uses on page 2 -7: To provide Suggested Policy Language in more flexibility, delete the note saying Attachment 18, page 2 "Residential only allowed in Northern District when located above commercial." Table 2 -2 Maximum Development Capacity on Suggested Policy Language in page 2 -10: Clarify that the 580,000 square feet of Attachment 18, page 2 non - residential uses include day care, places of worship, etc. but not schools. Building Hei his and View Corridors Consider a process to rescind a height exception Key Policy Issue for Council after a Conditional Use Permit (CUP) has been consideration (see Staff Report for granted. 9 -2 -14 meeting, page 8) Ensure a 35 -foot building height limit as the "rule" Key Policy Issue for Council by making it very difficult to obtain an exception consideration (see Staff Report for with discretion by the Town Council. 9 -2 -14 meeting, page 8) Increase the amount of additional open space The Council may choose to modify required beyond 5% proportional to the requested the text of the Specific Plan with height increase. specific parameters. Measure building height from finished grade. Suggested Policy Language in Attachment 18, page 3 North 40 Specific Plan Attachment 29 Page 4 Recommendation Response Modify the height requirements in section 2.6.6 Suggested Policy Language in Height (Non - Residential /Mixed Use) & 2.7.4 Attachment 18, page 2 Height (Residential) as follows: Lark District • Residential ■ Maximum of 35 feet ■ 15% of overall development limited to two stories and 25 feet • Non - residential or mixed -use residential ■ Maximum of 35 feet Transition District • Residential • Maximum of 35 feet • Up to 45 feet with additional open space or affordable housing development • Non - residential or mixed use residential • Maximum of 35 feet • Up to 45 feet with additional open space or affordable housing development Northern District • Non - residential or mixed use residential ■ Maximum of 35 feet ■ Hotel: 45 feet ■ Up to 45 feet with additional open space or affordable housing development ■ Up to 55 feet with CUP Establish the locations of view corridors. The Council may choose to modify the text of the Specific Plan with specific parameters. Explain "framed views" and specify a specific The Council may choose to modify amount of ridgelines or hillsides to be protected the text of the Specific Plan with for building heights above 35 feet. specific parameters. Considerations -Design Encourage mechanical equipment and ducting to Suggested Policy Language in be placed in a mechanical room or between floors Attachment 18, page 3 instead of on the building roof. North 40 Specific Plan Attachment 29 Page 5 Recommendation Response Add the agrarian architectural style to the palette for the North 40. Suggested Policy Language in Attachment 18, page 3 Add visuals to the Specific Plan that reflect the agrarian elements of the Vision. Suggested Policy Language in Attachment 18, page 3 Remove the monument signs at Noddin and the Neighborhood Street. Suggested Policy Language in Attachment 18, page 3 Economic Vitality Convene a focus group to identify mechanisms (other than the CUP process) to ensure that the North 40 complements and does not compete with downtown Los Gatos. Key Policy Issue for Council consideration (see Staff Report for 9 -2 -14 meeting, pages 8 and 9) Consider additional controls to protect downtown. Key Policy Issue for Council consideration (see Staff Report for 9 -2 -14 meeting, pages 8 and 9) Tighten the CUP provisions of the Specific Plan to protect downtown and its vibrancy. Key Policy Issue for Council consideration (see Staff Report for 9 -2 -14 meeting, pages 8 and 9) Consider equity and fairness with downtown when comparing the CUP requirements of downtown and the North 40. Key Policy Issue for Council consideration (see Staff Report for 9 -2 -14 meeting, pages 8 and 9) Revisit the use of CUPS in the Specific Plan to include a clear standard or set of criteria as to why a CUP is required. Key Policy Issue for Council consideration (see Staff Report for 9 -2 -14 meeting, pages 8 and 9) Limit tenant spaces of 3,000 square feet or less to no more than ten percent of the total commercial square footage. Suggested Policy Language in Attachment 18, page 2 Historic Preservation Include the recommendation of the Historic Preservation Committee as a policy in the Specific Plan. Suggested Policy Language in Attachment 18, pages 1 and 2 Require the set aside of acreage for an orchard. The Council may choose to modify the text of the Specific Plan with specific parameters. North 40 Specific Plan Attachment 29 Page 6 Recommendation Response Schools Add a policy to the Specific Plan regarding Suggested Policy Language in schools to encourage developers to collaborate Attachment 18, page 4 with school districts to address school needs. Add a policy to the Specific Plan in the Suggested Policy Language in Infrastructure and Public Facilities chapter to Attachment 18, page 4 effect: "Developers shall work closely with school districts to project enrollment growth and address overcrowding by assisting with identifying strategies for providing needed school facilities and associated sources offunding. " Create an opportunity for a school site through an Suggested Policy Language in incentive that required open space could be Attachment 18, page 4 satisfied with school playgrounds. Indicate the square footage needed for an As discussed in the Desk Item for elementary school building. the 9 -2 -14 meeting, there are many factors that affect school size. Trees Remove the Chinese Pistachio, London Plane, and Suggested Policy Language in Japanese Privet from the tree list. Attachment 18, page 3 Ask the Town Arborist to review and recommend Suggested Policy Language in the appropriate use of Monterey Pine and Attachment 18, page 3 Redwood. Sustainabili Modify Sustainability Guidelines on page 3 -18, as Suggested Policy Language in follows: Attachment 18, page 3 "a. Promote Require use of native..." "d. Non - structural Best Management Practices... should be documented and structural BMP's implemented and verified by the Town." "i. Include bicycle parking facilities... in major non - residential development projects defined as ..." "1. EneeiiFage the integfatien e Inter community gardens..." N:\DEV\TC Rgiorts\2014W40 attachment 29.doc