Addendum
PREPARED BY: JOEL PAULSON
COMMUNITY DEVELOPMENT DIRECTOR
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 3/6/2018
ITEM NO: 06
ADDENDUM
DATE: MARCH 2, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE NORTH 40
SPECIFIC PLAN. 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, 102 THROUGH 112, 424-06-115, 116,
AND 129. PROPERTY OWNERS: YUKI FARMS, ETPH LP, GROSVENOR USA
LIMITED, SUMMERHILL N40 LLC, DODSON, HIRSCHMAN, MATTES,
VENTURA TRUSTEE, MOISENCO, LOS GATOS MEDICAL OFFICE CENTER LLC,
LOS GATOS GATEWAY LLC, MBK ENTERPRISE, CONNELL, GIN, JOHN &
ALLISON DIEP LLC, BERNAL, LG BOULEVARD HOLDINGS LLC, POLARIS
NAVIGATION, EW REAL ESTATE LLC, LAZAAR ENTERPRISES LLC, KOTHARY,
AND SWENSON TRUSTEE. APPLICANT: TOWN OF LOS GATOS
REMARKS:
A question received from a Council Member is outlined below and followed by staff’s response.
• What specific policy language could be added regarding public benefit as it relates to
requests for additional height?
The potential amendments currently contain the following language regarding increased
height for hotels:
The maximum height is 45 feet for a hotel. A height increase above 45 feet for a hotel
may be permitted if additional open space is provided.
Additional specific examples of public benefit could be added to the policy language.
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REMARKS (Continued):
Specific examples that could be added include, but are not limited to:
o A specific amount of additional publicly accessible open space (i.e., five percent)
o Below Market Price (BMP) units in excess of the current minimum requirement of 20
percent
o Community facilities (i.e., sports fields, performing arts center, community center,
etc.)
o Funds for right of way acquisition and improvement on the east side of Los Gatos
Boulevard
o Bicycle and pedestrian amenities in excess of what would otherwise be required
o Requirement for Leadership in Energy and Environmental Design (LEED) Gold
certification or higher
Alternatively, the policy language could be modified to include a reference to public
benefit and a definition of public benefit with specific examples could be added to the
Specific Plan.
Public benefit is also referenced in the Draft Planned Development Ordinance, currently
being reviewed by the Planning Commission, recommended by the Planned
Development Study Committee. The Committee acknowledged the importance of
defining public benefit and proposed the following definition as a starting point for
consideration:
A project that makes a substantial contribution to the public infrastructure that is
consistent with the vision and objectives of the General Plan. Mere compliance with the
existing zoning shall not be considered a substantial community benefit. Substantial
benefits must be actions that are substantially above and beyond what an applicant
would be required to make in order to comply with the underlying zoning.
The Town previously had a Community Benefit Policy, which was rescinded in 2015. The
Policy defined community benefit as:
An offering of benefit to the Town proposed by an applicant, in addition to the standard
mitigation measures required by the Town, that overrides certain negative impacts
resulting from an infill project or a project that generates more than five peak hour trips.
The Policy also listed the following as potential examples of community benefits:
additional affordable housing units; improved traffic circulation; street/neighborhood
improvements; historic preservation/restoration; public art; open space and
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REMARKS (Continued):
conservation; public trails; mitigation of an existing problem; restoration of a riparian
habitat; and a demonstrated unique or desirable use for the Town.
The following is another example of a potential definition of public benefit:
An increase in height for a hotel shall only be approved upon a finding that greater than
normal public benefits may be achieved by increasing the height. Such benefits may
include, but are not limited to improved or innovative site and/or architectural design,
greater public or private usable open space, provisions of housing for seniors or
low/moderate income families, and provision of extraordinary public access.
Attachments previously received with October 3, 2017 Study Session Report:
1. Town Council Suggestions for Potential Amendments to the adopted North 40 Specific Plan
2. December 15, 2016 Planning Commission Staff Report (with Exhibits 1-8)
3. December 15, 2016 Planning Commission Addendum Report (with Exhibit 9)
4. December 15, 2016 Planning Commission Desk Item Report (with Exhibit 10)
5. December 15, 2016 Planning Commission Verbatim Minutes (131 pages)
6. January 26, 2017 Planning Commission Staff Report (with Exhibit 11)
7. January 26, 2017 Planning Commission Addendum Report (with Exhibit 12)
8. January 26, 2017 Planning Commission Desk Item Report (with Exhibit 13)
9. January 26, 2017 Planning Commission Verbatim Minutes (115 pages)
10. Public Comments received 11:01 a.m. Wednesday, May 10, 2017 to 11:00 a.m., Thursday,
September 28, 2017
11. Potential amendments based on GPC and PC discussions (including Exhibit A)
Attachments previously received with October 3, 2017 Desk Item Report:
12. Public Comments received 11:01 a.m. Thursday, September 28, 2017 to 11:00 a.m.,
Tuesday, October 3, 2017
Attachments previously received with November 14, 2017 Special Meeting Report:
13. North 40 Hotel Site Assessment
14. Public Comments received 11:01 a.m. Tuesday, October 3, 2017 to 11:00 a.m., Friday,
November 10, 2017
Attachments previously received with the January 16, 2018 Staff Report:
15. Required Findings
16. Resolution (including Exhibit A)
17. North 40 Traffic Scenarios
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18. November 14, 2017 Town Council Meeting Minutes
19. Public Comments received 11:01 a.m., Friday, November 10, 2017 to 11:00 a.m., Thursday,
January 10, 2018
Attachments previously received with the Addendum Report:
20. Public Comments received 11:01 a.m., Thursday, January 11, 2018 to 11:00 a.m., Friday,
January 12, 2018
Attachments previously received with the Desk Item Report:
21. Public Comments received 11:01 a.m., Friday, January 12, 2018 to 11:00 a.m., Tuesday
January 16, 2018
Attachments previously received with the February 6, 2018 Staff Report:
22. Public Comments received 11:01 a.m., Tuesday, January 16, 2018 to 11:00 a.m., Thursday
February 1, 2018
Attachments previously received with the Addendum Report:
23. Public Comments received 11:01 a.m., Thursday, February 1, 2018 to 11:00 a.m., Monday,
February 5, 2018
Attachments previously received with the Desk Item Report:
24. Public Comments received 11:01 a.m., Monday, February 5, 2018 to 11:00 a.m., Tuesday,
February 6, 2018