Attachment 26RESOLUTION 2018-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
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
WHEREAS, on June 17, 2015, the Town Council adopted the North 40 Specific Plan,
providing detailed land use and development guidance for the area bounded by Highway 17 to
the west, Los Gatos Boulevard to the east, Lark Avenue to the south and Highway 85 to the
north.
WHEREAS, an Environmental Impact Report (EIR) was prepared and certified for the
North 40 Specific Plan in compliance with the California Environmental Quality Act (CEQA).
WHEREAS, on September 27, 2016, the Town Council conducted a special meeting and
provided suggestions for potential amendments to the North 40 Specific Plan; and
WHEREAS, Council direction was clear that potential amendments to the North 40
Specific Plan should not require changes to the Town's Housing Element or any additional
environmental, economic, or other analysis; and
WHEREAS, the General Plan Committee met on October 27, 2016 and November 17,
2016 to discuss the Council’s suggestions for potential amendments; and
WHEREAS, on November 17, 2016, specific potential amendments to the North 40
Specific Plan were forwarded by the General Plan Committee to the Planning Commission for
their consideration; and
ATTACHMENT 26
2
WHEREAS, the Planning Commission began its consideration of the potential North 40
Specific Plan amendments on December 15, 2016 and continued the matter to January 26,
2017; and
WHEREAS, on January 26, 2017, the Planning Commission completed its consideration
of the potential amendments and forwarded their suggestions to the Town Council for
consideration; and
WHEREAS, on October 3, 2017, the Town Council held a Study Session to discuss
potential amendments to the North 40 Specific Plan, received public testimony, and requested
additional information on a number of topics; and
WHEREAS, on November 14, 2017, the Town Council held a Special Meeting to discuss
potential amendments to the North 40 Specific Plan, received public testimony, and provided
staff direction for amendments to the North 40 Specific Plan; and
WHEREAS, on January 16, 2018, the Town Council held a duly noticed public hearing to
consider amendments to the North 40 Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
1. The amendments to the North 40 Specific Plan attached as Exhibit A are approved.
2. The Town Council hereby adopts the following findings:
a. The Town Council certified an Environmental Impact Report (EIR) and Mitigation
Monitoring and Reporting Program for the North 40 Specific Plan on January 20,
2015 (Resolution 2015-002) and no additional environmental review is necessary
for the proposed amendments; and
b. The proposed amendments to the North 40 Specific Plan are consistent with the
goals and policies of the General Plan and its elements.
3. In addition to the above findings, the Town Council approves the amendments
based on the entire administrative record.
4. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by state and federal Law.
3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of January, 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:\COUNCIL REPORTS\2018\03-06-18\06 N40\Attachment 26 - Resolution.docx
2.3.2 Transition District
2-4
Located in the central portion of the Specific Plan Area, the
Transition District provides a transition and buffer between the
lower intensity, primarily residential, character of the Lark District
and the active retail end entertainment emphasis of the Northern
District. The Transition District will accommodate a range of uses
including neighborhood-serving stores, specialty market and mixed-
use housing with residential units above commercial. A hotel or
hospitality use could also be part of the land use mix. Envisioned land
use categories include:
• Hotel
• Market hall/specialty market
• Office
• Open space (pocket parks, courtyards, paseos, plazas, and planting
strips)
• Personal service
• Residential-including condominium, live-work flats, multi-family
flats, multiplexes, rowhouses and townhomes
• Restaurants
• Retail (primarily neighborhood serving)
2.3.3 Northern District
The Northern District is bordered on two sides by State Route 17
and 85(Highway17 and 85) with Los Gatos Boulevard located on
the east side. This condition makes it best suited for a day-to-evening
entertainment area that offers shopping and restaurants for nearby
residents as well as employment centers. The Northern District
focuses on walkability, public spaces and amenities. Envisioned land
use categories include:
• Recreation/entertainment (live theater, health clubs)
• Hotel
• Market hall/specialty market
• Office
• Open space (plazas, courtyards, paseos, and plan.ting strips)
• Residential (eee•,re eemmereia:l) -including condominium, live-
work flats, multi-family flats, multiplexes, and rowhouses
• Restaurants
• Retail
North 40 I January 16, 2018
EXHIBIT A
2.4 PERMITTED LAND USES
The Specific Plan land uses help to <..-reate a pedestrian-oriented and interactive
environment that is compatible with surrounding neighborhood<> as weU as
provides for on-site uses that are compatible with each other. The Specific
Plan specifies the desired mix, as well as the location ofland uses. In general,
lower intensity shops, offices, and residential land uses are envisioned in the
southern portion of the Specific Plan Arca. Moving northward, potential
land uses transition to mixed-use residential and potential hospitality uses to
provide a buffer betwe<..'D primarily residential uses in the southern portion of
the Specific Plan Area and the cntLTtainmcnt, restamant, and shopping uses
envisioned in the northern portion of the Specific Plan Area. The Specific
Plan establishes two primary land use categories to guide development within
the Specific Plan Arca. 'lbesc land uses categories are: (1) n<m-residcntial
-including retail, office, recreation, community services, restaurants,
entertainment, and hotel, and (2) residential -including condominium,
cottage cluster/garden cluster housing, live-work flats, multi-family flats,
multiplexes, row houses and townhomes. Residential development is focused
on multi-family housing types and shall be d<..'Signed to attract the unmet
housing needs of the community. Within the Transition Distri(..1, the Specific
Plan encourages the development ofresid<..'D.tiai units over commercial
development. 11 is important to provide an appropriate amount of residential
development in the Specific Plan Arca to create a sustainable and pcdestrian-
oriented mixed-use environment. Although residential uses will be an
important component to the success of the Specific Plan Area, it will support
the predominantly retail and neighborhood serving focus of the Transition
and Northern Districts.
North 40 Specific Plan
Lulllblificd: 1....,.1i. 2018
2.4. l Permitted and Conditionally Permitted Uses
Primary uses for each of the three Districts arc gcneralJy described
in Scction2.3, whileTable2-1, below, provides specific direction
on permitted (P) and conditionally permitted uses (CUP) for each
district. Uses not listed in 1able 2-1 are prohibited (rcfor to the
Glossary for definition of uses.)
Conditional Use Permits shall meet the intent of the North 40 Goals,
Policies, Vision Statement, and Guiding Principles.
2.4.2 Commercial UsesConceptual Development
Advisory Committee
P.rej eets f)f0pesisg aew eemmeFeied: SE:J:aare feetage Applicants must
present tfte proposal§ to the Conceptual Development Advisory
Committee a minimum of two times prior to submitting an
application. The Conceptual Development Advisory Committee
application i:.ubmittal must include an Economic Impact Study to
assess economic competitiveness for proposals proposing new
commercial square footage .
2-6
l ark
D istrict
Bk!l
L I Retail I p I p I b. Fo~ularetail --p
busmess
c. I Market hall/
Specialty I --I p I
market
d I Establishment
selling
alcoholic I CUP I CUP I beverages for
consumption
off-premises
e. I Establishment selling alcoholic beverages for
consumption on urenuses
• In
conjunction I
with a p I p I
restaurant
• Without
food seivice I --I CUP I
(bar)
f I Dnve-up
window for any
business, I --I .. I
excluding
restaurants
2-7
p
p
p
CUP
p
CUP
CUP
g. p
-h . p -i. Restaurant p p p
J. Personal
service
p p p
k. Office 1 p p p
l. Uc;itel p p
m . Financial
institution
p p p
n 1 {'! :-1unu.ill't!. -OT e r
·a. I Cottage I CUP .cluster
b. I Townhomes/ I p I p
Garden cluster
c. I liowl;lousC1S p p
d I Multi-fiunily p p r_p.a
e.. j 'CQD.dplniniWJis p p e.¥'
f I Live/work lofts --p r_~a
Note:
1. Medical Office is only permitted on Assessor Parcel Numbers 424-07-102 through
-112, 424-07-099, and 424-06-129.
2. Reaitle1!tiRl 911~ aUmved i11 ,Vs.vth8"11 /)i5/1-iel whe1t /9Mletl a/J9ve e6Mlf'lef'eif1.1
North 40 SDecific Plan
WIMOdukd: JuUll)' If, 2011
2.5.2 Building Height
a. 1be maximum height of any building, excluding affordable
housing and hotel uses, is 35 feet with the following criteria:
i. Maximum building height shall be determined by the plumb
vertical distance from the natural or finished grade, whichever is
lower and creates a lower profile, to the uppermost point of the
roof edge, wall, parapet, mansard, or other point directly above
that grade. For portions of a structure located directly above a
cclJar, the height measurement for that portion of the structure
shall be measured as the plumb vertical distance from the existing
natural grade to the uppermost point of the structure directly
over that point in the existing natural grade. No point of the
roof or other structural element within the exterior perimeter
of the structure shall extend beyond the plane established by
the maximum height plane. Maximum building height includes
a11 clements and height exceptions are not permitted within the
Specific Plan Area.
ii. Lark District -15% of the overall development provided
(building footprint) within the J.arkDistrict·shall be structures
of a maximum of two-stories with a 25 foot maximum height.
111e majority of this requirement may be provided within the
Perimeter Overlay 7.one (refer to Scction2.5.7). Every application
for Architecture and Site Review shall include a table that
identifies the following:
• Total building footprint square footage within the Lark
District existing at the time of the application submittal.
• Percent of total building footprint square footage located
within the Lark District currently satisfying the 15% height
requirement at the time of submittal.
North 40 Specific Plan
i...tModified: 1on.-y ti, 'Dll
• New total percentage of building footprint square footage
located within the Lark District that satisfies the 15%
requirement (for height) following application submittal.
b. The maximum height is 45 feet for a Hetel aft4'ar a
mixed-use and/or mixed-income development including a
minimum of 40% extn..'lllcly low, very low, or low income
affordable housing units.
c. The maximum height is 45 feet for a hotel. A height increase
above 45 feet for a hotel may be permitted if additional QPen
space is provided.
2.5.3 Open Space Goals and Policies
The Specific Plan Area shall encourage outdoor activity by
integrating a variety of open spaces such as pocket parks, parks and
plazas, common gathering areas, courtyard.<;, pedestrian paseos,
clubhouse and barbecue areas, walkable streets lined with large
shade trees and active strcctscape, landscaped bufft--rs, and ample
sitting areas. This neighborhood will be designed to serve the
unmet needs of Los Gatos, providing an environment where people
live and walk or bicycle to a nearby coffee shop, wine bar, and
restaurants.
Goal: To integrate an interconnected system of open spaces,
parks and plazas within the Specific Plan Area.
Open SpacePolicies:
Policy 01: View Preservation
Promote and prote<..'t views of hillsides and scenic resources.
Policy 02: Landscape Buffer
Establish a landscaped buffor along the North 40 perimeter.
Policy 03: Neighborhood Open Space Network
2-11