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N40 Desk Item Report�WNOF COUNCIL AGENDA REPORT MEETING DATE: 04/14/15 ITEM NO: 1 DESK ITEM DATE: APRIL 14, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAGER 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�� � 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 -1 SDeskltem.doc Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-00 1 /Z- 14-00 1 /EIR- 10-002 April 14, 2015 REMARKS: Staff received the following questions from Council Members and the responses are below. New attachments include a traffic options table to eliminate freeway impacts (Attachment 67 and explained below under question seven), a memorandum from Carey & Co. regarding historic resources (Attachment 68), and additional correspondence received after Addendum B was distributed (Attachment 69). 1. Explain how Table 2 -2 provides the commercial development capacity in light of the 66,000 square feet (sq. ft.) of already built commercial uses? How would any percentage allocated to a certain square footage (i.e., 1501— 3000 sq. ft.) be applied to this capacity? Table 2 -2 in the Specific Plan identifies the quantities for commercial uses. • The total non - residential capacity is 580,000 sq. ft. • Subtracting the existing, recent construction of 66,000 sq. ft., there is a total of 514,000 new sq. ft. capacity. • Of this, a maximum of 400,000 can be used for certain commercial uses, including restaurant and retail. • The individual tenant square footage requirements as proposed in Attachments 24 or 55 would apply to the maximum 400,000 sq. ft. for those certain commercial uses. • If all 400,000 sq. ft. were used for restaurants, retail, etc., only 114,000 sq. ft. would be available for hotel and/or office. Conversely, if office and/or hotel used its maximum capacity of 250,000 sq. ft., only 264,000 sq. ft. would be available for other commercial uses, such as retail, restaurant, etc. The 264,000 sq. ft. would then be subject to the same tenant space requirements as proposed in Attachments 24 or 55, or as otherwise defined by Council. 2. Does the "non- residential capacity" of 580,000 square feet include or exclude existing commercial uses such as the car rental and bar locations? Yes, the total non - residential capacity of 580,000 square feet includes any existing non- residential uses that remain. This could include the existing car rental, bar, gas station, or recent medical office buildings. 3. What developments are counted in the 66,000 square feet of already built commercial? The developments that constitute the 66,000 sq. ft. (actual total is 65,248 square feet) are: • 14777 Los Gatos Boulevard (Starbucks and Subway at north end of Los Gatos Boulevard): 18,684 square feet • 15047 Los Gatos Boulevard (Medical building just north of two former Hirschman buildings): 19,877 square feet • 15055 and 15075 Los Gatos Boulevard (two former Hirschman buildings): 26,687 square feet PAGE MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 April 14, 2015 4. How are the existing homes factored into the residential totals (either by way of square footage or units)? The total number of residential units includes the existing 32 homes in the Plan area. If those homes were to remain, the Specific Plan has the capacity for 332 new homes. 5. Is it possible to break medical office down into high traffic and lower traffic uses? No, the Institute of Transportation Engineers (ITE) manual of trip generation does not distinguish between different types of medical offices, and instead calculates averages across all medical office use categories. The traffic study in the North 40 EIR was done using this industry standard. 6. Do you have any information about how much square feet different medical uses are taking for an office? For example what is Body Dynamic on Route 9 in floor size? In consultation with Economic Vitality and Parks and Public Works staff, the Town does not maintain an inventory for medical office. Ongoing monitoring of different types of medical use is nearly impossible because new tenants would not need to obtain new land use approvals. For example, a perceived low volume medical office today can convert to a high use medical office in the future with no change of use. Per your request, the Body Dynamic business is part of a single building at 325 Los Gatos - Saratoga Road. Body Dynamics is a physical therapy and Pilates studio, and occupies about 1,685 sq. ft. while the Whole Vet occupies the remainder of the building at about 3,235 sq. ft. There must be traffic engineers' standard for how much traffic a medical office generates versus general office versus other retail. Yes, the Institute of Traffic Engineers (ITE) identifies different trip generation rates for each use. For example, medical office generates 36 average daily trips (ADT), general office generates 11 ADT, and shopping center generates 43 ADT. ITE rates were used in the North 40 Environmental Impact Report (EIR) when evaluating the traffic generation of the total and mix of commercial development capacity of the Specific Plan. The best way to control traffic generation within a Specific Plan is to identify the maximum amount of different types of land uses. To assist the Council, Attachment 67 includes the development capacities studied in the EIR and identifies different options to eliminate the traffic impact to the freeways using the MXD+ methodology included in the Fehr & Peers memorandum (Attachment 60) or using the more traditional ITE rates. In summary, the freeway impacts can be eliminated by reducing or not allowing certain amounts of medical office, general office, hotel, and /or shopping center square footages. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 April 14, 2015 By controlling the total square footage of different uses, implementation of the Specific Plan is easier to track and the community would know when the capacity of a particular use was achieved. This approach provides more certainty than a project by project analysis. 8. What if we require medical office to have a CUP be less than 2000 sq. ft. and have prove /demonstrate /show /convince /give good reason why their traffic falls below that of say general office or some other category? What are the category levels that we could use? Staff appreciates the intent of reducing traffic impacts, and this intent is best achieved by identifying the total capacities of different land uses as discussed under question seven. Any individual project analysis would need to follow ITE or other standards, and could not be qualitatively justified by a project applicant. Attachment (Previously received on April 4 2014): 1. Draft Environmental Impact Report ( httn : / /www.losaatosca.eov/N40DEIR) Attachments (Previously received on July 11 2014): 2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program (bttp://www.losgatosca.goviN40FEIR) 3. Public Hearing Draft North Forty Specific Plan (Note: The complete Specific Plan including appendices is also available online at: http://www.losgatosca.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. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN/GP- 14-00 1 /Z- 14-001 /EIR- 10-002 April 14, 2015 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) 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 PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 April 14, 2015 Attachments (Previously received with Sgptember 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 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 PAGE 7 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 April 14, 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 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 (Previously received with April 9 2015 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) Attachments (Previously received with April 10 2015 Addendum): 62. Minutes of the February 3, 2015 Town Council Meeting (seven pages) 63. TJKM peer review of Fehr & Peers memo to Summerhill Homes (two pages) PAGE 8 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP -14- 001 /Z -14- 001 /EIR -10 -002 April 14, 2015 64. Correspondence received from 11:01 a.m. Thursda April 10, 2015 y, April 9, 2015 through 11:00 a.m. Friday, 65. Communication from Superintendent Abbati regarding tary contribution agreement between the Los Gatos Unified School District and the North 40 developers (11 pages) 66. Correspondence received from 11:01 a.m. Friday, April 13, 2015 April 10, 2015 through 11:00 a.m. Monday, Attachments received with this Desk Item: 67. Traffic options table prepared by staff (one page) 68. Memo from Carey & Co. Inc. (five pages) 69. Correspondence received from 11:01 a.m. Monday, April 13, 2015 through 11:00 a.m. Tuesday, April 14, 2015 (13 pages) LRP:JSP:cg