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North Forty Specific Plan.�pW N OF °s sa�OS COUNCIL AGENDA REPORT DATE: JANUARY 12, 2015 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 1/20/15 ITEM NO: ' 1 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 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. Adopt the Resolution certifying the Final Environmental Impact Report for the North Forty Specific Plan. RECOMMENDATION Adopt the attached Resolution (Attachment 1) certifying the Final Environmental Impact Report (Final EIR) for the North Forty Specific Plan. On December 16, 2014, the Town Council considered and voted to certify the Final EIR for the North Forty Specific Plan. Adoption of the attached Resolution (Attachment 1) is required to finalize that decision. PREPARED BY: LAUREL R. PREVETTI . � / Assistant Town Manager hector of Co unity evelopment Reviewed by: N/A Assistant Town Manager own Attorney N/A Finance N:\DEV\TC REPORTS\2015W40EIRCenificatim.doc 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 12, 2015 Attachment: 1. CEQA Resolution 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 LRP:JSP:cg RESOLUTION 2015- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT ENTITLED NORTH FORTY SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT: EIR -10 -002 GENERAL PLAN AMENDMENTS: GP -14 -001 ZONING CODE AMENDMENT: Z-14 -001 WHEREAS: A. The applicant, the Town of Los Gatos, has prepared a draft Specific Plan for the North Forty Area (area bounded by Lark Avenue, Los Gatos Boulevard, Highway 85 and Highway 17) with a maximum development capacity of up to 364 housing units and 580,000 square feet of non - residential uses. Of the non - residential uses, the maximum development capacities are up to 250,000 square feet of office/hotel, and up to 400,000 square feet of other commercial (such as retail, restaurants, specialty market, health clubs, personal service, and entertainment). At least 30% of the area (approximately 13.2 acres) would be open space. The North Forty Specific Plan includes General Plan Amendments (GP -14 -001), Zoning Code Amendment (Z -14 -001), and an Environmental Impact Report (EIR -10 -002). B. A Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the North Forty Specific Plan was issued on February 13, 2013. C. A public scoping meeting was held on March 6, 2013, to receive comments regarding the scope of issues to be addressed in the EIR. 11 ATTACHMENT 1 D. A Draft Environmental Impact Report (Draft EIR) to analyze potential impacts associated with the North Forty Specific Plan was prepared and issued for agency and public review and comment on April 4, 2014, for a 45 day review period. E. The Planning Commission held a duly noticed public hearing on May 14, 2014, at which time the Commission received public comments regarding the Draft EIR for the North Forty Specific Plan. F. Pursuant to the California Environmental Quality Act and the implementing Guidelines adopted therefore ( "CEQA "), the Town prepared a Final Environmental Impact Report (Final EIR), incorporating responses to comments on the Draft EIR which was issued on July 21, 2014. G. The Planning Commission held a duly noticed public hearing on July 23, 2014, at which time the Commission considered the public testimony, the staff report prepared for that meeting ( "Staff Report"), and all other documentation related to the North Forty Specific Plan and Final EIR, and continued the matter to their August 13, 2014 meeting. H. The Planning Commission held a continued public hearing on August 13, 2014, at which time the Commission considered the Staff Report prepared for that meeting, and all other documentation related to the North Forty Specific Plan and Final EIR, and recommended that the Town Council consider the North 40 Specific Plan in light of the specific recommendations and possible amendments to the Specific Plan, and forwarded the Final EIR to the Town Council without certification because the Planning Commission cannot make the overriding considerations and due to specific deficiencies in the EIR. 2 I. The Town Council held a duly noticed public hearing on September 2, 2014, at which time the Town Council considered the public testimony, the Staff Report, and all other documentation related to the North Forty Specific Plan and Final EIR and continued the item to September 16, 2014. J. The Town Council held a continued public hearing on September 16, 2014, at which time the Town Council considered the Staff Report, and all other documentation related to the North Forty Specific Plan and Final EIR, and continued the item to an unspecified date. K. The Town Council held a duly noticed public hearing on December 16, 2014, at which time the Town Council considered the public testimony, the Staff Report, and all other documentation related to the North Forty Specific Plan and Final EIR. L. When and if the Town Council approves the North Forty Specific Plan and associated General Plan Amendments and Zoning Code Amendment, the Town Council intends to take the required actions under CEQA with respect to adopting Findings of Fact and Statement of Overriding Considerations, if needed, and adopting a Mitigation Monitoring and Reporting Program for the North Forty Specific Plan (the "Program "), which is included in the Final EIR. M. The location and custodian of the documents or other materials which constitute the record of proceedings upon which the Town Council's decision is based is in the office of the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030. 3 NOW, THEREFORE, BE IT RESOLVED: A. That the Town Council hereby certifies the Final EIR. In certifying the Final EIR, the Town Council specifically finds that (1) the document has been completed in compliance with CEQA; (2) the document was presented to the Town Council as the decision - making body of the lead agency, and the Council has reviewed and considered the information contained therein; and (3) the Final FIR reflects the Town's independent judgment and analysis. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of January, 2015, 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 N:DEV\RESOS @015 W 40CEQAcerHficafionRao.docx 4