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COUNCIL AGENDA REPORT
DATE: JANUARY 30, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
ROBERT SCHULTZ, TOWN ATTORNEY
MEETING DATE: 02/03/15
ITEM NO: b
ADDENDUM
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
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 ADOPTION OF THE NORTH FORTY SPECIFIC PLAN.
B. CONSIDER ADOPTION OF GENERAL PLAN AMENDMENTS.
C. CONSIDER ADOPTION OF AN ORDINANCE EFFECTING A ZONING
CODE AMENDMENT.
D. ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM, AND ADOPTION OF FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS.
REMARKS:
The attached correspondence (Attachment 49) was received after distribution of the staff report.
PREPARED BY: LAUREL R. PREVET 144— 'v
Assistant Town Manager erector of Comminity Development
Reviewed by: N/A Assistant Town Manager Town Attorney N/A Finance
in 11S
N:\DEV \TC REPORTS\2015 \N40 TC 2 -3 -15 Addendum.doe Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
January 30, 2015
Attachment (Previously received on April 4, 2014):
1. Draft Environmental Impact Report ( http : / /www.losgatosca.gov /N40DEtR)
Attachments (Previously received on July 11, 2014):
2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program
(http: / /www.los atg osca.gov /N40FEIR)
3. Public Hearing Draft North Forty Specific Plan (Note: The complete Specific Plan including
appendices is also available online at: http : / /www.losgatosea.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
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)
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
January 30, 2015
20. Public Comment received from 11:01 a.m. Thursday, August 28, 2014 through 11:00 a.m.
Friday, August 29, 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 (Previously received with September 16, 2014 Staff 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.
Attachments (Previously received with September 16, 2014 Addendum):
30. Letter from A. Don Capobres, Linda Mandolini, and Wendi Baker dated September 12, 2014
(7 pages)
31. Public Comments received from 11:01 a.m. Thursday, September 11, 2014 through 11:00
a.m. Friday, September 12, 2014
Attachments (Previously received with September 16, 2014 Addendum #2):
32. Public Comments received from 11:01 a.m. Friday, September 12, 2014 through 11:00 a.m.
Monday, September 15, 2014
33. Highland Oaks Existing Traffic Calming
Attachment (Previously received with September 16, 2014 Desk Item):
34. Public Comment received from 11:01 a.m. Monday, September 15, 2014 through 11:00 a.m.
Tuesday, September 16, 2014
Attachment (Previously received with September 16 2014 Desk Item #2):
35. Traffic analysis information
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001/Z -14- 001 /EIR -10 -002
January 30, 2015
Attachments (Previously received with December 16, 2014 Staff Report):
36. Agricultural Resources information
37. Alternative to ITE Traffic Information Analysis by Fehr and Peers ( "Trip Generation Rate
Comparison ")
38. Additional Proposed Projects by Fehr and Peers ( "Additional Future Year Information ")
39. TJKM Peer Review of Fehr and Peers Reports contained in Attachments 37 and 38
40. Draft School District Demographic Study dated October 8, 2014
41. Additional Economic Analysis
42. Revised Findings of Fact and Statement of Overriding Considerations
43. Letter from Superintendent Diane Abbati dated December 8, 2014 with School District
Student Population Projections dated November 3, 2014
44. Public Comment received from 11:01 a.m. Monday, September 16, 2014 through 11:00 a.m.
Thursday, December 11, 2014
Attachments (Previously received with December 16, 2014 Desk Item):
45. Public Comment received from 11:01 a.m. Thursday, December 11, 2014 through 11:00 a.m.
Tuesday, December 16, 2014
Attachments (Previously received with February 3. 2015 Staff Report
46. Updated Table of Planning Commission recommendations and proposed responses for
Council consideration
47. North 40 Specific Plan Area Property Ownership Map
48. Public Comment received from 11:01 a.m. Tuesday, December 16, 2014 through 11:00 a.m.
Thursday, January 29, 2015
Attachments received with this Addendum:
49. Correspondence received from 11:01 a.m. Thursday, January 29, 2015 through 11:00 a.m.
Friday, January 30, 2015
Distribution
cc: Grosvenor Americas, Attn: Steve O'Connell, 1 California Street, Suite 2500, San Francisco,
CA 94111
Summerhill Homes, Attn: Wendi E. Baker, 3000 Executive Parkway, Suite 450, San Ramon,
CA 94583
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CDM MUN IF IS or DISTINCTION
Town of Los Gatos
Honorable Mayor Jensen and Council Members
c/o Laurel Prevetti, Assistant Town Manager and Community Development Director
110 E. Main St.
Los Gatos, California 95031
Honorable Mayor Jensen and Council Members:
We have reviewed the Town of Los Gatos Draft North 40 Specific Plan. As a potential future
implementer of this plan, there are several items of concern that are important to raise as they
would pose challenges for future development of the property and the successful implementation
of the document's vision. These points are summarized below.
Parking requirements.
o Table 2-4. Senior affordable housing has much lower parking needs than
traditional affordable housing, especially when it pertains to guest parking. For
example, Eden Housing constructs .50 spaces per unit in their senior housing
projects throughout the Bay Area. To incentivize development of senior affordable
housing, we request lowering this ratio to a blended .50 per dwelling unit for
residents and guests for only senior affordable, but retaining the .50 space plus
.50 guest for non - senior designated affordable housing as is shown in the current
draft.
Height measurement.
• Page 2 -26, Section 2.6.6.e., 2.7.4.d., Glossary. Since the North 40 will require a
large -scale cut and fill grading operation to implement infrastructure and cross -
drainage, we request consideration be given to measuring from finished grade
rather than existing grade. The property's existing grade along the Los Gatos
Boulevard frontage is as much as 10' below the right -of -way, and throughout the
property there are minor variations in topography. Measuring from finished grade
provides additional opportunity for superior architecture and a diversity of roof
lines. To ensure that this is not taken advantage of, we recommend a 4' maximum
or any fill in excess of 4' to be included in the overall height measurement.
• Page 6 -18 Definition of Story, treatment of podium in Lot Area Coverage on page
3022 Section 2.2.2.e (and elsewhere), and definition of "cellar" on page 6 -12.
Because of the differences in site slope, we request that all references to
"basements" and "podium parking" are consistent and that average, rather than
absolute, measurements are allowed. The existing six foot average that applies
to podiums should also be applied to the definition of basements.
• Residential Open Space
o Page 2 -27, Section 2.7.2. Because the unmet needs buyer desires private open
space for their outdoor entertaining and pets, a diversity of private open space
configurations should be offered. For example, 200 square feet should not include
utilitarian areas such as private access /walkways /breezeways, but more usable
ATTACHMENT 4 9
EDEN
GROSVENOR
HOUSING
January 291", 2015
CDM MUN IF IS or DISTINCTION
Town of Los Gatos
Honorable Mayor Jensen and Council Members
c/o Laurel Prevetti, Assistant Town Manager and Community Development Director
110 E. Main St.
Los Gatos, California 95031
Honorable Mayor Jensen and Council Members:
We have reviewed the Town of Los Gatos Draft North 40 Specific Plan. As a potential future
implementer of this plan, there are several items of concern that are important to raise as they
would pose challenges for future development of the property and the successful implementation
of the document's vision. These points are summarized below.
Parking requirements.
o Table 2-4. Senior affordable housing has much lower parking needs than
traditional affordable housing, especially when it pertains to guest parking. For
example, Eden Housing constructs .50 spaces per unit in their senior housing
projects throughout the Bay Area. To incentivize development of senior affordable
housing, we request lowering this ratio to a blended .50 per dwelling unit for
residents and guests for only senior affordable, but retaining the .50 space plus
.50 guest for non - senior designated affordable housing as is shown in the current
draft.
Height measurement.
• Page 2 -26, Section 2.6.6.e., 2.7.4.d., Glossary. Since the North 40 will require a
large -scale cut and fill grading operation to implement infrastructure and cross -
drainage, we request consideration be given to measuring from finished grade
rather than existing grade. The property's existing grade along the Los Gatos
Boulevard frontage is as much as 10' below the right -of -way, and throughout the
property there are minor variations in topography. Measuring from finished grade
provides additional opportunity for superior architecture and a diversity of roof
lines. To ensure that this is not taken advantage of, we recommend a 4' maximum
or any fill in excess of 4' to be included in the overall height measurement.
• Page 6 -18 Definition of Story, treatment of podium in Lot Area Coverage on page
3022 Section 2.2.2.e (and elsewhere), and definition of "cellar" on page 6 -12.
Because of the differences in site slope, we request that all references to
"basements" and "podium parking" are consistent and that average, rather than
absolute, measurements are allowed. The existing six foot average that applies
to podiums should also be applied to the definition of basements.
• Residential Open Space
o Page 2 -27, Section 2.7.2. Because the unmet needs buyer desires private open
space for their outdoor entertaining and pets, a diversity of private open space
configurations should be offered. For example, 200 square feet should not include
utilitarian areas such as private access /walkways /breezeways, but more usable
ATTACHMENT 4 9
contiguous private open space. Private yard space in excess of 200 square feet
should be considered through the use of a conditional use permit to ensure the
space is consistent with targeting this unmet need and considered as a
complement to the diversity of housing types that will be designed for the Millennial
and Move -Down buyer. Once a design is proposed through a CUP, the Town
would be able to determine if it satisfies the goals of the Specific Plan rather than
eliminating the opportunity entirely.
Page 3-24, Section 3.3.4. Loosening of private open space requirements should
be considered for Senior Affordable units, as many of these types of buildings have
common open space in lieu of private open space. Not only is the cost and
maintenance of these spaces better utilized in common open spaces for the
residents, such as podium -level gardens, but there are psychological benefits from
encouraging seniors to socially interact rather than isolate themselves.
Lot Area Coverage
Page 2 -24, Section 2.6. Maximum building coverage is noted to be considered
per application or group of applications for Non - Residential /Mixed Use
Development. For consistency, this should be added in the Residential Standards
as well. Much like the Non - Residential /Mixed Use portion of the Project, using a
Tentative Map's definition of lots as the requirement for residential building
coverage would not allow the application to meet this 50% requirement. This is
because buildings, roads, parks, and paseos are typically on individual lots on
Tentative Maps, which can result in lots with either 0% coverage or near full lot
coverage. Adding this language that coverage would be per application rather
than per lot in the residential area would meet the intent due the challenges of the
individual lot Tentative Mapping process. Please see below for a hypothetical
subdivision that satisfies an overall application 50% residential lot coverage but
not individual residential 50% lot coverage.
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Retail Tenant Space
o Page 2 -26, Section 2.6.7. Consistent with the Urban Decay analysis and previous
economic analysis produced by the Town of Los Gatos which identifies larger
format retail as an unmet need, we are requesting that retail tenant size above
50,000 square feet be allowed with a CUP. If a 51,000 square foot tenant were to
appeal to the Town, a Specific Plan Amendment would be necessary. A CUP
would continue to provide discretionary review without losing a tenant opportunity.
Residential Height in the Transition District
o Page 2 -28, Section 2.7.4.b. We understand additional height could be proposed
and approved with a CUP in the Transition District. The vagueness of ultimate
height allowances has caused some concern in the community. We are seeking
up to 55' be allowed in the Transition District, with the exception of elevator and
stairwell shafts. We believe this will allow future developers to provide for a variety
of housing types to meet unmet needs - specifically cater to those older adults
seeking a move -down home in Los Gatos. Those residents seek higher floor to
ceiling volumes, will require elevators which create mechanical height issues, and
the building will feature structured parking on which the residential will be built
upon. A copy of a letter addressed to the North 40 Specific Plan Advisory
Committee outlining the height issues is attached for your reference.
Reimbursement Opportunities for Infrastructure
o Page 5 -4, Section 5.3.2., Page 5 -7, Section 5.3.2.b, Page 6 -5, Section 6.3.3. It is
likely that infrastructure costs for the overall site may be incurred by a
primary/master developer. There is no defined vehicle in the Specific Plan for
reimbursement or fee credits for the significant infrastructure and offsite costs that
are for public benefit. We recommend language be included that refers to fair share
reimbursement.
We appreciate your consideration on the above, and we are prepared to discuss these points
further at tonight's meeting.
Sincerely,
A. Don Capobres Linda Mandolini
Senior Vice President President
Grosvenor Eden Housing
Wendi Baker
Vice President of Development
SummerHill Homes
LAW OFFICES OF
BRENT N. VENTURA
P.O. Box 320847
LOS GATOS, CA 95032
(408) 354 -6725
January 26, 2015
Mayor Jensen and Los Gatos Town Councilmembers
110 East Main Street
Los Gatos, CA 95030
RE: Draft North Forty Specific Plan
Dear Mayor Jensen and Los Gatos Town Councilmembers,
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dAN 9 0 2015
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At the last public hearing in this matter I commented on the advisability of using the land
use tool of a conditional use permit as a enforcement mechanism to regulate minimum retail
square footages that the Council might allow in the commercial areas of the proposed North
Forty Specific Plan.
After having an opportunity to further consider these comments, I would offer the
following:
If the Council is inclined to limit the minimum square footage of commercial retail space
in the proposed North Forty Specific Plan area, I would recommend specifying the terms with
unequivocal, unambiguous, prohibitive /mandatory language in the proposed Specific Plan, as
well as any Planned Development or other Zoning approvals that may be granted for the area,
and, in addition, also including such language in any conditions related to any Site and
Architecture approvals.
I would not recommend using the conditional permit as an enforcement mechanism,
given the legal issues that arise with vested use permit holders.
Given that the Council is currently contemplating legislative enactment of the ground
rules for the North Forty Specific Plan, I believe your legislation {which could also be duplicated
in any Planned Development Overlay or other Zoning or as a requirement of a Site and
Architecture approval), would be the better course for enforcing any such retail floor area
mandates rather than attempting to enforce via the conditions on a use permit.
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In my opinion this would result in a more viable enforcement mechanism if the Council
elects to place any restrictions in this regard.
BNV/bt
Thank you for your courteous consideration of the foregoing.
ZI2
Very truly yours,
BRENT N. VENTURA