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COUNCIL AGENDA REPORT
MEETING DATE: 04/14/15
ITEM NO:
DATE: APRIL 9, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MA
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 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.
PREPARED BY: LAUREL R. PREVETTI K.
Assistant Town Manager /Director of Community Development
Reviewed by: N/A Assistant Town Manager Town Attorney N/A Finance
N: \DEV \TC REPORTS\2015 \N40 TC 4- 14- 15FINAL.doe Reformatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-00 1 /Z- 14-00 1 /EIR- 10-002
April 9, 2015
BACKGROUND:
On March 3, 2015, the Town Council briefly discussed the North 40 Specific Plan and continued
the item to a special meeting on April 14, 2015. In the course of the discussion, the Council
requested answers to a number of questions.
This memorandum responds to those questions, answers additional questions from Council
Members, summarizes public input opportunities during the Specific Plan process, and identifies
a possible framework for the Council's continued discussion.
DISCUSSION:
Questions from the March 3 2015 Council Meeting:
1. What is the maximum number of units if a 35% density bonus was requested for the
Plan Area? Please provide multiple scenarios.
If a developer requests a density bonus and meets all of the State requirements, the maximum
bonus is 35 %. Applying the maximum bonus to the maximum number of 364 units would
yield 492 total units. The following table shows other scenarios and the resulting number of
units if the maximum 35% density bonus is requested:
Number of Units
35% Density Bonus
Total Number of Units
250
88
338
270
95
365
300
105
405
330
116
446
2. Does the number of potential units change based on the designation as a Housing
Element site versus the 20 dwelling units per acre (du/ac) default density?
No, State density bonus can be requested for any residentially zoned property.
3. Should medical office use be removed from the Specific Plan?
This is a policy matter for the Town Council. The draft Specific Plan includes medical office
as an allowed use. Given the concentration of medical uses along Los Gatos Boulevard, it is
reasonable to assume that there may be additional market demand for more medical office
uses in this area of Los Gatos.
Medical office uses generate more traffic than other offices. Given public testimony and
prior Council discussion, staff understands why the Council may wish to exclude this use. If
that is the Council's decision, staff would make the necessary edits to ensure internal
consistency.
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-00 1 /Z- 14-001 /EIR- 10-002
April 9, 2015
The North 40 area currently contains medical office uses. If the Council is inclined to not
allow medical office uses, it should clarify if all medical office uses are not allowed or if only
new medical offices are not allowed. If all medical office uses are not allowed, then the
existing medical uses would become legal, non - conforming.
4. How does the timing of the Housing Element and Specific Plan decisions influence
one another?
The proposed Housing Element includes the North 40 as one of the sites to meet the Town's
Regional Housing Need Allocation. The Housing Element is tentatively scheduled for
Council consideration and adoption on May 5, 2015 to meet the State deadline of May 31,
2015.
Concurrently, the Town Council is continuing its deliberations on the Specific Plan. Until
the Council adopts or denies the Specific Plan, no modifications to the Housing Element
would be needed. If the Specific Plan is adopted with less than 364 units, the Council would
need to identify replacement site(s) to accommodate the reduction in the number of units and
amend the Housing Element.
5. If the Plan Area was zoned R -1:8 what is the maximum number of units that could
be built including a requested density bonus?
The North 40 Specific Plan Area is approximately 44 acres. The maximum number of units
that 44 acres with R -1:8 zoning is 240 units. Applying the maximum density bonus (35 %)
to the maximum number of 240 units would yield 324 total units.
Additional Council Member Ouestions:
6. Aside from the fact that the General Plan would need to be amended what are the
ramifications if the Council did not adopt a Specific Plan?
As noted, the General Plan would need to be modified to remove the requirement for a
specific plan. The properties could then be developed under the Mixed Use Commercial
General Plan designation with rezoning applications likely for the portions of the site that
have the Resource Conservation (RC) and Single Family Residential (R -1:8) zoning
designations (see Attachment 51 for the current General Plan and Zoning Districts).
The implementation of infrastructure and transportation improvements, and environmental
mitigation measures would be more challenging without a Specific Plan. Each development
would be required to build and/or pay for their fair share of the required improvements and
environmental mitigations. This may involve the first builder to build more than their fair
share of infrastructure and be reimbursed by future developers. This would require
additional administration by the Town.
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-00 1 /Z- 14-001 /EIR- 10-002
April 9, 2015
Other implications involve the Town's draft Housing Element, which currently includes the
North 40 as one of the sites to meet the Regional Housing Needs Allocation for the 2015-
2023 planning period. The Council may wish to initiate rezoning on 18 or more acres at a
minimum density of 20 units per acre. If approved, the North 40 could remain as part of the
Housing Element. If the Council did not wish to pursue rezoning, the Council would need to
identify replace sites for the Housing Element to accommodate 364 units.
7. How and where does the existing zoning vary across the Plan Area? What could be
developed under the existing zoning?
Attachment 51 depicts the location of the various zoning districts that are currently in place
for the properties in the North 40 area. The majority of the site is zoned RC; the
northernmost area is zoned R -1:8; and the properties along Los Gatos Boulevard are a mix of
Commercial Restricted Highway (CH), CH:PD (Planned Development), and R -1:8. The
Town Code specifies the allowed and conditional uses for each of these districts with the
Planned Development site having zoning specific to the location. For example, the CH zone
allows retail and office uses.
8. If and when adopted, does the Specific Plan become a "law unto itself" such that the
Town Code doesn't apply? Certain Zoning Ordinance requirements would not
apply, but what about density bonus? Additionally, the Specific Plan specifically
requires compliance with the BMP ordinance, but what about other sections of the
Town Code?
If the Council adopts the proposed Specific Plan and the associated rezoning, then
development applications would be reviewed against these rules established for the North 40.
In other words, if the Specific Plan addresses a topic that is also covered in the Code, the
Specific Plan would prevail. The Town Code would continue to govern on all other issues,
such as noise, nuisances, trees and shrubs in the public right -of -way, etc.
The Council may identify specific provisions of the Code for modification to address
particular circumstances in the North 40. These amendments can be considered subsequent
to the adoption of the North 40 Specific Plan.
Similarly, the Council may include additional language in the General Plan amendment for
the Specific Plan that specifies that certain General Plan policies are not applicable to the
North 40 because the Specific Plan provides direction on the mix of uses, their intensities,
and other parameters. For example, the Council may not want the Town's General Plan
100% density bonus to apply to the North 40.
9. Is it true that the State density bonus law has recently changed such that there is an
"automatic" 35% density bonus? If so, is the bonus attached to: a) just RHNA
designated sites; b) any site in the Town developed as housing; and c) does it apply
to parcels zoned at 20 du /acre, the "default density?"
PAGES
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
April 9, 2015
State density bonus law has been in place for several years, requiring local governments to
give a density bonus if a proposed development includes a minimum amount of affordable
and/or senior housing units. The developer must ask for the density bonus and must identify
specific concessions that it is seeking to further facilitate the development. The local
government does not have the discretion to deny the bonus or the concessions if the proposal
meets the minimum affordability and/or senior requirements.
State density bonus law is applicable to all residentially zoned properties regardless of
density, identification as a RHNA site, or other factors.
10. Is it correct to assume that any "maximum" stated anywhere in the Town Code (and
in the Specific Plan with respect to the residential units) is really a "maximum plus
35 % ?"
Most developers build housing without requesting a State density bonus. Los Gatos has had
one development that utilized the State density bonus (Riviera Terrace). Theoretically, all
residentially zoned properties could exceed their maximum density allowed by their zoning
districts by up to 35 % if a developer requests the State density bonus and the proposal meets
the provisions of State law.
11. Do developers need to give anything back to a community if they receive a density
bonus?
No, the developer is "giving" affordable and/or senior housing units in exchange for the
density bonus. The developer is not required to provide a community anything additional.
12. Provide the tenant sizes for the Trader Joe's center (Los Gatos Village Square).
Information regarding the tenant sizes for this center are provided in Attachment 59.
Public Input Opportunities:
The North 40 planning process has a long history with the Town that included many
opportunities for the public to participate over many years. The current process was launched in
2011 when the Town Council appointed the North 40 Advisory Committee consisting of Town
Council, Planning Commission, and other community representatives to provide direction on the
preparation of the North 40 Specific Plan, consistent with the General Plan. The Committee
participated in over 17 meetings over a two year period. Public participation also occurred at the
Committee meetings and through two community workshops, an on -line survey, and three Town
Council /Planning Commission study sessions. In addition, a dedicated North 40 webpage
contains all of the Advisory Committee summaries, draft documents, and other materials for
public access.
The Planning Commission conducted a public hearing and received public testimony on July 23,
2014. The public portion of the public hearing was then closed and the Commission concluded
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-001 /Z- 14-001 /EIR- 10-002
April 9, 2015
its deliberations on August 13, 2014. The public was invited to continue to submit written
correspondence which was provided to the Commission for its consideration.
The Town Council held a public hearing and received public testimony on September 2, 2014.
The public portion of the public hearing was then closed and the Council continued its
deliberations on September 16, 2014. Upon receipt of additional requested information, the
Town Council reopened the public portion of the public hearing on December 16, 2014 and took
additional public testimony. The public portion of the public hearing was closed and the Council
continued its deliberations on February 3, and briefly on March 3, 2015. The public has been
invited to continue to submit written correspondence throughout the process, which is provided
to the Council for its consideration.
Possible Discussion Framework:
In its consideration of the Specific Plan, the Council may choose to work through the Plan's
policy issues by discussing and deciding the large policy issues followed by the more detailed
issues. Based on prior Council discussions and the information provided in this report, staff
suggests the following order for the issues:
• The number and location of residential units
• The amount, location, and sizes of commercial tenant spaces in square footage (see
Attachments 24, 55, 56, and 59)
• The allowance of medical office uses
• Conditional Use Permit requirements for certain commercial uses (see Attachment 41)
• Building heights
• Open space requirements
• Historic and agricultural resources, and consideration of the Historic Preservation
Committee recommendations (see pages 6 and 7 of Attachment 46)
• Infrastructure to support the Plan (i.e., streets, bicycle lanes, Transportation Demand
Management, water supply, storm drainage, etc.)
• Deciding bodies for North 40 applications (see Appendix E in Attachment 3)
• Phasing
• Schools
The Council may follow this sequence or address the issues in another manner as it chooses.
PUBLIC CORRESPONDENCE:
The Town received additional traffic information pertaining to the potential elimination of
freeway impacts using MXD trip generation (Attachment 60). This report is being peer
reviewed by the Town's consulting traffic engineer and the consultant's findings will be provided
to the Council in an Addendum or Desk Item prior to the meeting.
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MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-00 1 /Z- 14-00 1 /EIR- 10-002
April 9, 2015
Public correspondence received after the distribution of the Desk Item for the March 3, 2015
Council meeting is contained in Attachment 61. As with all correspondence to the Town Council
and /or Planning Commission, staff has not prepared written responses to the issues raised by
members of the public. Staff is available to answer any questions pertaining to the
correspondence.
Attachment (Previously received on Apri14 2014):
1. Draft Environmental Impact Report ( http : / /www.losgatosca.gov /N40DEIR)
Attachments (Previously received on July 11, 2014):
2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program
(httl2://www.losgatosca.gov/N40FEIR)
3. Public Hearing Draft North Forty Specific Plan (Note: The complete Specific Plan including
appendices is also available online at: http : / /www.losgatosca.goviN40SP)
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)
PAGE 8
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001/Z -14- 001 /EIR -10 -002
April 9, 2015
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
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 Mandoline, 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
PAGE 9
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
April 9, 2015
Attachment (Previously received with September 16 2014 Desk Item #2):
35. Traffic analysis information
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 (Previously received with January 30 2015 Addendum:
49. Correspondence received from 11:01 a.m. Thursday, January 29, 2015 through 11:00 a.m.
Friday, January 30, 2015
Attachments (Previously received with February 2 2015 Addendum B):
50. Correspondence received from 11:01 a.m. Friday, January 30, 2015 through 11:00 a.m.
Monday, February 2, 2015
Attachments (Previously received with February 3 2015 Desk Item):
51. Exhibits showing existing General Plan and Zoning designations for the Specific Plan area
PAGE 10
MAYOR AND TOWN COUNCIL
SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002
April 9, 2015
Attachments (Previously received with March 3 2015 Staff Report):
52. Verbatim minutes from the February 3, 2015 Town Council meeting (124 pages)
53. Letter from A. Don Capobres, Linda Mandoline, and Wendi Baker dated February 13, 2015
(seven pages)
54. Correspondence received from 11:01 a.m. Tuesday, February 2, 2015 through 11:00 a.m.
Thursday, February 26, 2015 (84 pages)
55. Conceptual model of commercial size breakdown
56. Shopping center tenant mix and sizes
Attachment (Previously received with February 27 2015 Addendum):
57. Approved Minutes from the February 3, 2015 Town Council Meeting
Attachment (Previously received with March 3 2015 Desk Item):
58. Correspondence received from 11:01 a.m. Thursday, February 26, 2015 through 11:00 a.m.
Tuesday, March 3, 2015 (17 pages)
Attachments received with this Staff Report:
59. Los Gatos Village Square tenant sizes
60. Memo from Fehr & Peers to Summerhill Homes regarding freeway impact elimination (11
pages)
61. Correspondence received from 11:01 a.m. Tuesday, March 3, 2015 through 11:00 a.m.
Thursday, April 9, 2015 (204 pages)
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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