2010092007 - Consider adoption of Draft Los Gatos 2010 General Plan and the Environmental Impact Report.~owN of MEETING DATE: 09/20/10
ITEM NO:
~ ~ ~
~~ • r
~osYGp:~os COUNCIL AGENDA REPORT
.DATE: September 9, 2010
TO: MAYOR AND TOWN COUNCIL a
.'`` 1
FROM: GREG CARSON, TOWN MANAGER ~,
SUBJECT: DRAFT LOS GATOS 2020 GENERAL PLAN AND THE ENVIRONMENTAL
IMPACT REPORT ON THE DRAFT LOS GATOS 2020 GENERAL PLAN
UPDATE
RECOMMENDATION:
1. Complete review of the Administrative Draft 2020 General Plan.
2. .Review the attached Draft Resolution, which contains the Findings of Facts and Statement of
Overriding Considerations related to the Final Bnvironmental Impact Report (FIER).
'3. Open and hold the public hearing and receive public testimony on the Draft 2020 General
Plan and Environmental Impact Report.
4. Close the public hearing.
5. Adopt the Draft 2020 General Plan and Certify the Final Environmental Impact Report on the
2020 General Plan tluough adoption of the attached Resolution.
BACKGROUND:
On August 2, 16, and 18, 2010, the Town Council conducted a thorough review ~ of the Draft
2020 General Plan, the Planning Commission-recommended changes to the Draft 2020 General
Plan, public comments on the documents, -and staff-recommended modifications. Based on the
extent of changes to the Draft 2020 General Plan, Council directed staff to prepare an
administrative draft with redline changes for the revisions that Council had not found to be
acceptable from the August 2, 2010, Town Council meeting, as well as all directed modifications
from the August 16 and August 18 meetings. All other changes that the Council reviewed and
found acceptable will be incorporated into to the Administrative Draft in regular, non-redlined
text format.
p~~~
PREPARED BY: v Wendie R. Rooney, Director of Community Development
Reviewed by: ` ~ Assistant Town Manager Town Attorney..
Clerk Administrator Finance Community Development
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PAGE 2
MAYOR ANDTOWN COUNCIL
SUBJECT: DRAFT 2020 GENERAL PLAN AND EIR
Se~tember^ 9, 2010
The Administrative Draft 2020 General Plan will be distributed to Town Council the weele of
September 13, 2010. In addition to the Administrative Draft, staff recommends the Town
Council review the attached Resolution containing the Statement of Overriding Considerations
and Findings of tact to support the General Plan and FEIR (Attaclunent 1).
DISCUSSION:
The Administrative Draft 2020 General Plan reflects the Town Council's direction from the
August 2, 16, and 18, 2010, reviews. Changes for the revisions from the August 2, 2010, Town
Council meeting that Council had not found to be acceptable, as well as all directed
modifications from the August 16 and August 18 meetings, are in redline, with strikeout for
deleted and underscore for new text. All other, changes that the Council reviewed and found.
acceptable will be incorporated into to the Administrative Draft in regular, non-redlined text.
Should the Council have any final recommended changes to the Plan,. staff requests that those be
sent to staff prior to the September 20, 2010, Council meeting so staff can consolidate the
comments in a desk item for Council discussion.
Finally, staff recommends that the Town Council also review Attachment I, the Resolution
containing the Statement of Overriding Considerations and Findings of Fact to support the
General Plan and FEIR.
CONCLUSION AND RECOMMENDATION:
The Draft 2020 General Plan is a result of the Town Council's direction to update the existing
2000 General Plan. by removing existing implementation measures or action items that were
completed; refining existing policies that may not be serving the community as intended. or lack
clarity; revising information that is no longer current; and integrating new Goals, Policies, and
Actions relevant to Open Space, Parlcs, and Recreation; Environment and Sustainability; Youth
Needs, and Senior Needs.
The GPAC has reviewed and modified the four Focus Area. Goals, Policies, and Actions, and
ultimately recommended the Planning Commission and Town Council consider the Focus Area
changes in the Draft 2020 General Plan. The Planning Commission considered the GPAC
recommended changes in the Focus Area General Plan Elements; reviewed the non-Focus Area
Draft 2020 General Plan Elements; General Plan Comment Matrix; Table of 2000 General Plan
Goals, Policies, and Actions that are not recommended to be carried over to the Draft 2020
General Plan; and considered the FEIR. Based on the Town Council's direction and the "test for
adequacy" factors, the Planning Commission unanimously found that the General Plan met the
stated objectives and accordingly recommended that the Town Council approve the Draft 2020
General Plan and certify the Final Envirommental Impact Report.
The Town Council has conducted a thorough review of the Draft 2020 General Plan and the
Final Environmental Impact Report on August 2, 16, and 18, 2010. The Town Council made
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: DRAFT 2020 GENERAL PLAN AND EIR
September 9, 2010
considerable changes to the General Plan, and the Administrative Draft General Plan, which was
distributed under previous cover, reflects the Council direction.
Based on the recommendations of the GPAC, the P1amling Commission, and Town Council's
thorough review of the Draft 2020 General Plan, staff recommends that the Town Council
approve the Draft 2020 General Plan, adopt the Findings of Fact and Statement of Overriding
Considerations, and certify the Final Environmental Impact Report..
ENVIRONMENTAL ASSESSMENT:
The 2020 General Plan is a project as defined under CEQA and may have potential significant
environmental impacts. An Environmental Impact Report (EIR) has been prepared for the
project. A Statement of Overriding Considerations must be made since there are significant
unavoidable impacts relating to Air Quality, Greenhouse Gas Emissions (includes two significant
unavoidable impacts), Land Use and Planning, and Transportation and Circulation. The
Findings of Fact and .Statement of Overriding Considerations are included as Attachment. 1 to
this report.
FISCAL IMPACT:
None.
Attaclnnents:
1. Draft Resolution, .Statement of Overriding Consideration, and Findings of Fact
2. Administrative Draft 2020 General Plan (To be distributed under separate cover the week
of September 13, 2020.)
WR:ah
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TINS PAGE
INTENTIONALLY
LEFT BLANK
RESOLUTION 2010-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECOytMENDING CERTIFI-
CATION OF THE ENVIRONI~FENTAL I11~IPACT REPORT AND ADOPTION OF THE 2020 GENER~-~L
PLAN.
WHEREAS, the Town of Los Gatos has prepared tie 2020 General Plan to enhance General Plan 2000 in the
four focus areas of parks and recreation, environment and sustainabiliry, youth needs, and senior needs, along with the
Environmental Impact Report (EIR); and
WHEREAS, the implementation of the 2020 General Plan is intended to preserve die small town character of
Los Gatos, enhance die community vision established iii the 2000 General Plan and support a sustainable community;
and
WHEREAS, die 2020 General Plan establishes goals, policies and actions to maintain and achieve tzese desir-
able attributes; and
WHEREAS, pursuant to Government Code section 65351, numerous opportunities were provided for die in-
volvement of citizens, public agencies, public utilities, and vaiYOUS civic groups through, among otiex things, through die
meetuigs of the General Plan Advisory Committee and d1e General Plan Committee over atwo-year period; and
WHEREAS, pursuant to Government Code section 65352, the Draft 2020 General Plan and tle Draft EIR
were circulated to all applicable public agencies and interested civic groups; and
WHEREAS, under the provisions of the California Environmental Quality Act (CEQA) and the CEQA
Guidelines, the Town of Los Gatos prepared responses to comments on environmental issues, which responses c1a17fy
ox correct information contained in die Draft .EIR, providing .good-faits reasoned analysis supported by factual infor-
mation, and the comments and responses thereto were prepared and published in a Final Environmental Impact Report
("Final EIR"); and•
WHEREAS, under the provisions of tie Government Code and the California Environmental Quality Act,
die Planting Commission conducted duly noticed public hearings. regarding certification of die Fuial EIR and adoption
of the General Plan on June 23 and 30, 2010, and recommended teat tie Los Gatos Town Council certify t1e Fuial EIR
and adopt t1e 2020 General Plan; and
WHEREAS, t1e Planning Commission recommended adopton of the 2020 General Plan, and tie Los Gatos
Town Council considered all recommendations made by die Planning Commission; and
WHEREAS, the Los Gatos Town Council conducted duly noticed public hearings and received public test-
mony about the 2020 General Plan and the Environmental Impact Report (EIR) on August 2, August 16, August 18 and
September 20, 2010; and
WHEREAS, on September 20, 2010, dle Los Gatos Town Council found drat the Final EIR for the 2020
General Plan as recommended for certification by die Planning Commission, was prepared in compliance with die Cali-
fornia Envv:onmental Quality Act and guidelines .and is complete;
THEREFORE, BE IT RESOLVED: The Los Gatos Town Council certifies the Final Environmental Im-
pact Report (Final EIR) subject to the Findings and Statement of Overi7duing Considerations in Etilubit A, attached here-
to;
ATTACHi~1ENT Z
FURTHER RESOLVED: The Los Gatos Town Coiuicil finds that the 2020 General Plan is consistent with
the goals of the commtuuty and that all proceedings have been conducted in compliance with the provisions of Gov-
ernment Code Section 65350 et seq.
FURTHER RESOLVED: The Los Gatos Town Council adopts the 2020 General Plan dated' September
2010.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California,
held on the 20th day of Septemer, 2010 by the following vote:
COUNCIL MEMBERS;
AYES;
NAYS:
.ABSENT:
~BST~-~IN:
ATTEST:
Is/Diane. McNutt
l~Ir1YOROF THE TO`~1N OF LOS Gt1TOS
LOS Gr',TOS, C~ILIFORNIr',
/s/
CLERK. OF THE TO~YIN OF LOS GATOS
LOS G~TOS, CALIFORNI~i
Exhibit A
TABLE OF CONTENTS
SECTION I. CEQA TOWN OF LOS .GATOS 2020 GENERAL PLAN EIR STATEMENT OF FIND-
INGS
1,0 Intxbduction .............................................................................................................................................................................. 1-1
2.0 Purpose and Background ........................................................................................................................................................ 1-2
3.0 General Findings ...................................................................................................................................................................... 1-5
4.0 Findings Regarding Less-Than-Significant Impacts .......................................................................................................... 1-9
5.0 Findings Regarding Significant Unavoidable Impacts ....................................................................................................... 1-9
6.0 Findings Related to Cumulative Impacts ..........................................................................................................................1-12
7.0 Findings Regarding 1Vlonitoring of iViitigation il~Ieasures ................................................................................................ 1-13
8.0 Findings Regarding rlltexnatives .......................................................................................................................................... 1-13
9.0 Grourth-Inducing Impacts .................................................................................................................................................... 1-17
SECTION II. TOWN OF LOS GATOS GENERAL PLAN 2020 STATEMENT OF OVERRIDING CON-
SIDERATIONS
1.0 Statement of Overriding Considerations ........................................................................................................................... II-1
i
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INTENTIONALLY
LEFT BLAND
SECTION I
THE TOWN OF LOS GATOS 2020 GENERAL PLAN .EIR
STATEMENT OF FINDINGS
1.0 INTRODUCTION
Section 1:1 of this document provides a description of CEQr1 Statute s and Regulations regarding finduigs related to a
project, Section 1.2 provides a description of the public review process that has lead decision makers to their conchi-
sions regarding this proposed 2020 General Plan. Section 2.0 presents the purpose and background o£ the project, in-
cluding aProject Description to familiarize the reader with the 2020 General Plan and to .provide the context upon
which these Findings are based. Section 3.0 of this document presents the substantiation for certification of the Final
EIR. The Findings in Section 4.0 relate to those impacts that have been determined to be less than significant. Section
5.0 contains Findings .for impacts that are considered significant and unavoidable. Section b.0 contains the Findings for
cumulative impacts, and Section 7:0 contains Findings regarduig monitoring of mitigation measures. Section 8.0 con-
tains Findings regarding the alternatives to the proposed 2020 General Plan. Section 9.0 contauis Findings for growth-
.inducing impacts. The Statement of Overriding Considerations in contained in Section II of this document.
1.1 California Environmental Quality Act
The Califouua Environmental Quality rlct ("CEQrI ") (Public Resources Code Sections 21000-21177) .and the State
CEQr1 Guidelines (Cal. Code of Regulations, Title 14, Sections 15000-15387) regture that specific fmdulgs Ue made if a
lead agency decides to approve a project which will have significant impacts. Section 21081 of the California Public Re-
sources Code states:
[N]o public agency shall approve or carry out a project fox which an Environmental Impact Report has been cer-
tified which identifies one or more significant effects on the environment that would occur if the project is ap-
proved or carried out tmless both of the following occur:
(a) The public agency makes one, ox more, of the following Findings with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated into, the project which .mitigate or
avoid the signficant effects on the environment.
(2) Those changes or alterations are within the responsibility and jurisdiction of another public agency
and have been, or can and~should be, adopted by that oilier agency.
(3) Specific economic, legal, social, technological, or other considerations, including considerations for
flee provision of employment opportunities fox highly trained workers, make infeasible the mitiga-
tion measures or alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a),
the public agency fords that specific ovenrding economic, legal, social, technological, or other benefits of
the project outweigh the significant effects on the environment."
The Environmental Impact Report ("EIR") for the Town of Los Gatos 2020 General Plan (State Clearisighouse No.
2009032078) .identifies significant or potentially significant environmental impacts, which, prior to mitigation as well as
after mitigation implementation, may occur as a result of implementation of the Town of Los Gatos 2020 General Plan
("General Plan"). Thus, in accordance with the provisions of CEQr~ Statute and the State CEQr1 Guidelines, the Town
of Los Gatos, as the "lead agency" hereby adopts these Findings.
1.2 Environmental Review Process
Design, Commuiuty Rc Environment 'T'own of L,os Gatos 2020 General Plan
II-1 Findings of Fact and Statement of Overriding Considerations
In conformance with CEQA Statute and the State CEQr1'Guidelines, the Community Development Department of the
Town of Los Gatos conducted an environmental review of the proposed 2020 General Plan. The environmental review
process has included the following:
Initial Study/Scoping Process:
The Community Development Department of the Town of Los Gatos prepared a Notice of Preparation (NOP)
and Irhitial Study fox tie proposed CEQA Project in accordance with Section 1.5082. of the CEQA Guudelines, The
NOP was distributed for public review on 1~Iarch 23, 2009. Environmental issues raised by comments received iii
response to the NOP during its 30-day public review period were considered fox inclusion in die Draft EIR. Public
and agency comments receive on the NOP were reviewed and incorporated into the Draft EIR.
Pursuant to Section 15060(C) of die CEQA Giudelirhes, and Section 21083.8 of tze State CEQA Stahite, die Com-
munity Development Department of the Town of Los Gatos proceeded with preparation of an EIR. The Draft
EIR addressed environmental impacts in the following categories:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Geology, Soils and Seismicity
• Greenhouse Gas Emissions
• Hazards and Hazardous iVlaterials
• Hydrology and Water. Quality
• Land Use and Planning, inchding Agricultural Resources
• Noise
• Population, Housing and Employment
• Public Services and Recreation
• Transpoxtaton and Circulation
• Utlites and Infrastructure
IDuring the scoping process, the mineral resources category was eliminated from tie analysis in the Draft EIR since
known mineral resources are not significant witlhin the Town..
Preparation. of a Draft EIR by the Community Development Department of the Town of Los Gatos:
The Draft EIR was distributed to Responsible Agencies, other affected agencies, and interested panes. The Notice
of Completion (NOC) of the Draft EIR was distributed as regrured by CEQA, including publication in the local
newspaper. A 45-day public review period commenced on Ivluch 10, 2010 .and 'concluded on Apri126, 2010, Dur-
ing. the public review period, the Draft ETR, including appendices, was made available and circulated for. public re-
view.
• Public Hearings on the Draft 2020 General Plan and EIR:
A public hearing was held by tie Town of Los Gatos Planning Commission on April 21, 2010 to receive public
comment on tie Draft EIR. The lead agency responded to all questions submitted verbally or in writing in the Fi-
nal EIR and subsequent memorandums.
Preparation of the Final EIR:
Pursuant to Public Resources Code. Section 21092.5,. the Town prepared the Final EIR in response to comments on
tze Draft EIR. The Final EIR contains the following: refinements and clarifications to the Draft EIR, written
comments received on the Draft EIR;. responses. to those comments; and testmony presented to the Planning
Commission and responses thereto. The Final EIR was issued on June 16, 2010,
2.0 PURPOSE AND BACKGROUND
Design, Community & Environment Town of Los Gatos 2020 General Plan
II-2 findings of Fact and Statement of Overriding Considerations
2.1 Description of the Project.
These findings relate to the project, the Town of Los Gatos 2020 General Plan. The project includes all of the Town of
Los Gatos within fihe town limits and land widen its Sphere of Influence (SOI).
The Town of Los Gatos is a 14-square-mile community located in the southwestern area of Santa Clara County corn-
moiily referred to as Silicon Valley. Los Gatos is positioned in the southeast foothills of the Santa Cruz Mountains, ap-
proximately 25 miles east of die .Pacific Ocean and 43 miles south of San Francisco,
The Draft 2020 General Plan is the basis for the Town's land use and development policy, representing the basic com-
munity values, ideals and aspirations governing development and conservation ui Los Gatos through the year 2020. The
Draft 2020 General Plan addresses all aspects of development including land use, community character, transportation,
housing, pubic facilities, infrastructure, parks and open space, among other topics.
California Government Code Section 65300 requires the General Plan to be comprehensive and internally consistent.
The General Plan must provide long-term guidance for the commtuity. The General Plan must address all issues speci-
fied by State law and can be organized in a way that is most appropriate for the Town of Los Gatos.
The proposed Draft 2020 General Plan carries forward the majority of General Plan 2000 and, also includes: a revised
General Plan structure with new goals, policies and actions focusing on parks and recreation, youth needs, senior needs
acid environment and sustainability; and a comprehensive update to the Town's Housing Element, in compliance with
Government Code Section 65588.
It should be noted that the Draft 2020 General Plan proposes few changes to the land use designations as specified in
die General Plan 2000 and subsequent amendments thereto. The 2020 General Plan goals, policies, and actions address
buildout conditions within dze Town and aims to accommodate .anticipated population growth. There are approximately
28,800 residents currently located widen the Town ofLos Gatos.
The overall objectives of die Draft 2020 General Plan are to ensure that Los Gatos:
• Maintains die small town character of the Town.
• Is afull-service community that is also environmentally sensitive.
• Maintains a balanced, well-designed .mix of residential, commercial, service and open space uses, fostering a pedes-
hYan-or7ented community consistent with a small town character.
• Maintains and expands existing park and open space land to maintain "and enhance quality of life and promote sus-
tainability, or die long-term well-being of die environment and community.
• ivleets the changing needs of the Town's youth and senior populations.
• Supports an active business community that provides a wide variety of goods and services and a broad range of em-
ployment opportiuiides, minimizing the need to travel to other communities.
• Provides awell-run, efficient municipal government that is fiscally healthy with ligh levels of public safety, recrea-
tional, art and cultural amenities and that is committed to ligh quality of life.
• Promotes a sustainable and environmentally conscience community duough conservation of resources, reduction of
greenhouse gas emissions, and smart-growth practices.
• Provides housing that meets the needs of a diverse commuiity.
2.2 Purpose of the EIR
Design, Community & Environment Town of Los Gatos 2020 General flan
II-3 Findings of Fact and Statement of Overriding Considerations
Pursuant to CEQr1, Public Resources Code sections 21000 et seq., and the CEQ~ Guude]ines, California Code of Regu-
lations, Title 14; Section 15000 et seq,, (collectively, "CEQr1"), the lead agency prepared an EIR for the 2020 General
Plan to analyze the environmental effect of the 2020 General Plan. The Draft EIR was circulated fox public review for a
45-day period between March 10, 2010 and April 26,.2010, in accordance with CEQr1. Responses to comments were
prepared and are contained in the Final EIR. The Town of Los Gatos is the CEQA "lead agency" for the 2020 General
Plan. The EIR was prepared by Design, Commtuuty 8c Environment (DC&E) for the Commtuuty Development De-
partment of the Town of Los Gatos,
2.3 The Use of a Pxogxam EIR
The CEQA Guidelines identify several types of EIRs, each applicable to different project circumstances. Tlus EIR has
been pxepaxed as a Program EIR pursuant to CEQA Guudelines section 15168 to accommodate a complete analysis of
all of the components of the 2020 General Plan.
A Pxogi am EIR is an EIR that may be pxepaxed on a series of actions that can be characteiYZed as one large project -and
axe related in one of the following ways;
a) Geogxaplucally;
b) As logical parts in the chain of contemplated actions;
c) In connection with issuance of rules, xegt~lations, plans, ox other general criteria to govern the conduct of a
continuing pxogxam; ox
d) As individual activities. carried out under the same authorizing statutory ox regulatory authority and having gen-
erally similar environmental effects which can be mitigated in a similar way.
A Program EIR enables the lead agency to consider broad environmental implications of development at an early stage
ui the process, sometimes when the project is still at a conceptual level,. recognizing that a series of actions will occur
prior to development. Because. they axe pxepaxed relatively early on, Program EIRs allow greater flexibility in dealing.
with overall development options, basic environmental issues, and cumulative impacts.
The Program EIR identifies and mitigates the effects of the overall progi:am of development to the extent that they axe
known at this time. The lead agency incorporates feasible mitigation measures developed in the Program EIR alto sub-
Sequent actions to implement the pxogxam. Requests fox approval. of subsequent entitlements in the program. must be
examined iii light of die Pxogxam EIR to determine whether additional environmental review must be conducted, If the
agency finds that pursuant to CEQA Guidelines section 15162, no new effects could occur and no new mitigation is
regtuxed, the agency can approve the activity as being within the scope of the Program EIR. However, if a latex activity
would have effects that were not examined in the Pxogxam EIR, additional environmental review would need. to be con-
ducted and additional oppoxtuivties for public review provided as appropriate under CEQA. Additional-environmental
review is required for subsequent discretionary approvals requested of the lead agency to implement the program, if,
pursuant to section 15162 of the CEQA Guidelines, the following circumstances occur,
a) Substantial changes are proposed to die project description;
b) Substantial changes occur with respect to the circumstances under wluch the project is undertaken (such as
new xegulatoiy requirements adopted relevant to the project); or .
Desigm, Community & Environment Town of Los Gatos 2020 General Plan
II-4 Findings of tact and Statement of Overriding Considerations
c) New information of substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified, identifies new or more severe im-
pacts from those identified in the program EIR or if new mitigation measures can be identified to offset im-
pacts of the project. '
2.4 Description of the Record
Fox purposes of CEQ~I and these finduigs, the record before the Town includes, without limitation, the followuigi
1) The NOP;
2) The Draft EIR and all appendices to the Draft EIR;
3) The Final EIR and all appendices to the Final EIR;
4) ~,ll notices required by CEQlI, staff reports and presentation materials related to the 2020 General Plan;
5) rill studies conducted fox the 2020 General Plan and contained ili, or referenced by,, staff reports, the Draft
EIR, or the Final EIR;
6) 11ll public reports and documents related to the 2020 General Plan prepared for the Town and other agencies;
7) rill documentary and oral evidence received and reviewed at public hearings and wo>:kshops and all transcripts
and minutes of those hearings related to the 2020 General Plan, the Draft EIR, and the Final EIR;
$) For documentary and informational purposes, all locally-adopted land use plans and ordinances, including,
without limitation, specific plans and ordinances, master plans together with environmental review documents,
findings, mitigation moiutoring programs and other documentation relevant to planned growth in the area; .and
9) rlny additional items not included above if they are required by law.
2.5 Discretionary Actions
The discretionary action for the proposed project involves the following approval by the Los Gatos Town Council:
1) Adoption of the 2020 General Plan.
These findings are made by the Town pursuant to Section 15091 of the CEQ~ Guidelines. The Town is also adopting a
"Statement of OvenYding Considerations" pursuant to Section 15093 of the CEQ~ Guidelines.
3.0 GENERAL FINDINGS
3.1 Terminology of Findings
Section 15091 of the CEQ~ Gtudelines requires that, fox each significant environmental effect identified isl an EIR fox a
proposed project, the approving .agency must issue a written finding xeaclvng one ox more of three allowable conclu-
sions, The .first is that "[c]hanges or .alterations have been required iii, ox ilzcorporated into, the project which avoid ox
substantially lessen die significant environmental effect as identified ui the [Final] EIR," The second potential findisig is
that "[s]uch changes ox alterations axe within the responsibility and jurisdiction of another public agency and not the
agency making d1e finding. Such changes have been adopted by such other agency or can and should be adopted by
Design, Community Lc Environment Town of Los Gatos 2020 General Plan
II-5 findings of Fact and Statement of Overriding Considerations
such other agency." The third pern-iissible conclusion is that- "[s]pecific economic, social, or othei considerations make
infeasible the mitigation measures or project alternatives identified in the final EIR."
For purposes of these findings, the term "mitigation measures" shall constitute the "changes or alterations" discussed
- _ _.
above. The term "avoid or substantially lessen" will refer to the effectiveness of one or more of the mitigation measures
or alternatives to reduce an otherwise sigivficant environmental effect to aless-than-significant level.
In the process of adopting mitigation, the Town will also be making_decisions on whether each mitigation measure pro-
posed in the Draft EIR is feasible or infeasible. Pursuant to the CEQA Guidelines, "feasible means capable of beuig
accomplished in a successful manner within a reasonable pel7od of time, taping into account economic, environmental,
legal, social, and technological factors." (CEQA Guidelines, ~ 15364.) When the Town finds a measure is not Feasible,
evidence for its decision will be provided.
3.2 Certification of Final Environmental Impact Report and Adoption of Findings
On .August 16, 2010, the Town Council of the Town of Los Gatos certified the. Environmental Impact Report (SCH
No. 2009032078) (the "EIR") for the -2020 General Plan ("Plan") (Resolution # _). Based upon the substantial evi-
dence in the record, the Town of Los Gatos finds and declares as stated herein.
3.3 The Town of Los Gatos is the "lead agency" for the Plan evaluated iii the EIR. The Los Gatos Town Council
concurs with the Planning Commission recommendations and supports the findings by the Town of Los Gatos
that the EIR has. been prepared in compliance with CEQA Statute and the State CEQA Guidelines.
3.4 The EIR evaluates the follo~kring environmental issues:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources.
• Geology, Soils and Seismicity
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and. ~Ylater Quality
• Land Use and Planning, including Agriculttual Resources
• Noise
• Poptilation, Housing and Employment
• Public Services and Recreation
• Transportation and Circulation
• Utilities and Infrastructure
The EIR considered the significant. and unavoidable environmental effects, if any, in each of these environmental
issue areas in Chapter 4 of d1e Draft EIR. Additionally, the Draft EIR considered the following issues in sepa-
rate sections: Cumulative Impacts; Significant Unavoidable Impacts; Alternatives to the 2020 General Plan;
Growth-Inducing Effects as a result of the 2020 General Plan; and Sigificant Irreversible Changes as a result of
the 2020 General Plan.
The cumulative impacts of the 2020 General Plan and other past, present, and reasonably foreseeable future pro-
jects were considered ui the EIR as required by CEQA (Public Resources Code Section 21083) and the State
CEQA Guidelines (Cal. Code of Regulations, Title 14, Section 15130). The cumulative analysis at the end of each
Desigm; Community & Environment Town of Los Gatos 2020 General Plan
II-6 findings of f2ct and Statement of Overriding Considerations
section in Chapter 4 of the Draft EIR includes an analysis of future environmental conditions i1i the Town of Los
Gatos and surrounding areas to the extent required in order to determine the sigiuficance of $Ze Plan's incremen-
tal contribution to cumulative impacts.
_ _ _ _
The cumulative impacts analysis in each section of Chapter 4 in the EIR concluded that all cumulative impacts re-
sulting from implementation of die proposed Plan would either be less than significant or midgable to a less-
than-significant level. These impacts are summarized in Section 6.0 of this document.
3.5 The Los Gatos Town Council finds that the Draft EIR and Final EIR.provide objective information to assist the
Town's decision-makers and the public-at-large in their consideration of the environmental consequences of the
proposed 2020 General .Plan. The public review period provided all interested jurisdictions, agencies, pfivate or-
ganizations, and individuals the opportunity to submit comments regarding the Draft EIR. The Final EIR was
prepared after the public review period and responds to comments made during the public review period (Much
10, 2010 through r'~piil 26, 2010), as well as those made at, or prior to the noticed public meetings and/or public
hearings on the issues relevant to die Draft EIR. The Final EIR also includes a summary of the oral and wi7tten
comments made prior to the Planning Commission Public Hearing and responses to those comments.
The Los Gatos Town Council finds that the Community Development Department evaluated comments on en-
vironmental issues received from persons who reviewed dre Draft EIR. In accordance widz CEQA Statute, the
Community Development Department prepared wiYtten responses describing d1e disposition of signficant envi-
ronmental issues raised. The Final EIR provides adequate, good faith, and reasoned responses to the comments
received by die Community Development Department. The Communty Development Department has re-
viewed the comments received and responses thereto and has determined that neither the comments received nor
die responses to such comments add significant new information regarding environmental impacts to die Draft
EIR consistent wide Public Resources Code Section 21092.1 and CEQr1 Guidelines Section 15088.5. Specifically,
changes resulting from, comments made on the Draft EIR do not result in dle following:
1• r1 significant new environmental impact that would result fi'OITl d1e 2020 General Plan or an adopted
mitigation measure;
2. r1 substantial increase in die severity of an environmental impact that is not reduced to a level- of less
dean significant by adopted mitigation measures; '
3. r1 feasible Project alternative or mitigation measure not adopted drat is considerably different from oth-
ers analyzed in the Draft EIR drat would clearly lessen the significant environmental impacts of the
2020 General Plan; or •
4. Information that indicates drat dle public was deprived of a meaivngful opportunity to •review and
comment on the Draft EIR.
The Town of Los Gatos' decision-makers have based their .recommendation on full appraisal of all viewpoints,
including all comments received up to the date of adoption of dlese Fuidings, concerning the environmental im-
pacts identified and analyzed in d1e-EIR.
3.6 These findings are based upon substantial evidence ul dle entire record before the Town as described iii Section
2.4.
The references to the Draft EIR and Final EIR set forth in these findings axe for ease of reference and axe not
intended to provide an etihausttve list of the evidence relied upon fox these findings.
3.7 These Findings reflect die Los Gatos Town Council's fmal recommendation regarding the sigiuficance of impacts
of the proposed 2020 General Plan as approved by dze Los Gatos Town Council.
Design, Community & Environment Town of Los Gatos 2020 General Plain
II 7 Findings of Tact and Statement of Overriding Considerations
3,8 The Los Gatos Town Council certifies that it has independently reviewed and analyzed the Draft EIR and that
die Community Development Department circulated a Draft EIR, which reflected its independent judgment.
3,9 The Los Gatos Town Council certifies drat the Fii1a1 EIR reflects the independent judgment of the lead agency,
identified as the Town of Los. Gatos Town.
3.10 CEQA defines die term "project" as the whole of an action or "activity wluclr is being approved and which may
be subject to several discretionary approvals by governmental agencies," Accordingly, the Los Gatos Town
Council has certified the. EIR and the Los Gatos Town Council is approving and adopting Findazgs For the en-
tirety ofdie actions described in these Findings and in the EIR as comprising the Project.
It is contemplated drat there may be a variety of discretionary actions ruzdertalcen by other State and local agen-
cies (who might be referred to as "responsible agencies" under CEQA), concerning the Project, including without
limitation:
• California Department of Fish and Game (CDFG)
• California Environmental Protection Agency (Cal EPA)
• Federal Emergency 1Vlanagement Agency (FE11~Ir1)
• State of California Office of Planning and Research (OPR)
• State Department. of Health, Toxic Substances. Control Division (DISC)
• California Department of. Transportation (Caltrans)
• California Regional Water Quality Control Board (RWQCB)
• Bay Area Air Quality Nlanagernent District (BAAQivm}
• U.S. Army Corps of Engineers (ACOE)
• U.S. Fish and' ~y/ildlife Service (CTSF~`US)
Other agencies,. organizations, and/or special interest groups not formally identified as a responsible agency, but
otherwise anticipated to be participants in the local review process for the 2020 General Plan include:
Santa Clara Valley `dater District
• Pacific Gas and Electric Company (PG&E)
Valley Transportation Authority
City of San Jose
• City of Saratoga
• City of Campbell
• City of Monte Sereno
Because die Town of Los Gatos is dze lead agency for the Plan, the EIR which the Community Development
Department of the Town of Los Gatos has prepared is intended to be die basis for compliance with CEQA for
eacli of the possible discretionary actions by other state and local agencies to carry out die Plan.
3.11 The Los Gatos Town Council believes drat its decision on the Plan is one which must be made after a hearing
required by law at which evidence is required and discretion. in the determination of facts is vested iii the Los. Ga-
tos Town Cowicil. As a result, any judicial review of dis decision would be governed by Public Resources Code
X21168 and Code of Civil Procedure X1094.5, Regardless. of the standard of review which is applicable, the Los
Gatos Town Council has considered evidence and arguments presented to the Planning Commission and Com-
munity Development Department of the Town of Los Gatos prior to ox at die public hearings on this matter. In
determining whether the Plan has a sigiificant impact on die environment, and in adopting Findings pursuant to
Public Resources Code X21081, die Town has complied with Public Resources Codes X21082.2 and §21081.5.
Design, Community & Environment ~ Town of Los Gatos 2020 General Plan
II-8 Findings of Tact and Statement of Overriding Considerations
3.12 The Los Gatos Town Council finds and declares $iat the 2020 General Plan is expected to have a ".lifetime" of
approximately 10 years, beginning when the Plan is implemented and running to the year 2020.
- _ _ _ __ _
3.13 The Los Gatos Town Council finds and declares that the EIR analyzes the Plan in its. fiill size and extent.
3.11 The EIR analyzed all reasonably foreseeable extensions, expansions or alterations of the Plan. The'EIR analyzed,
to the extent feasible at this time, the environmental effects of implementation of the 2020 General Plan. The
Los Gatos Town Council hereby finds and declares that at this time there are no reasonably foreseeable exten-
sions, expansions or alterations of the Plan which are not described in die EIR, based on the administrative rec-
ord before die Los Gatos Town Council at the time of its final decision on the Plan.
3..15 Having received, reviewed, and considered $ie above described information, as well as all other information and
documents in the record, d1e Los Gatos Town Council hereby conditions the Plan and finds as stated in these
Findings.
3.16 Pursuant to Public Resources Code Section 21081.6 and California Code of Regulations, Title 14, Section 15091,
die Town of Los Gatos is the custodian of the documents and other material drat constitute die record of pro-
ceedings upon which the Town's decision is based, and such documents and other material are located at: Town
of Los Gatos Community Development Department, 110 East lylain Street, Los Gatos, California, 95030.
4.0 FINDINGS REGARDING LESS-THAN-SIGNIFICANT ENVIRONMENTAL IMPACTS
The EIR identified die thresholds of signuficance utilized to determine the impacts in die various resource categories
discussed below. The EIR finds that there are less-than-significant environmental impacts in the following subject areas:
• Aesthetics
• Biological Resources
• Cultural Resources
• Geology, Soils and Seismicity
• Hazardous l~faterials and Safety
• Hydrology and ~Ylater Quality
• Noise
• Population and Housing
0 Public Services and Recreation
• Utilities and Infrastructure
The Town is not required to adopt mitigation measures or adopt policies as part of die General Plan for impacts that are
less dean significant.
5.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS
The EIR sets forth environmental effects of die General Plan dzat woLild be significant and unavoidable. These impacts
cannot be avoided or reduced to aless-than-significant level even with the adoption of all feasible mitigation .measures
proposed in the EIR. In adopting these findings, the Town also adopts a Statement of Overriding Considerations set-
ting forth the economic, social and other benefits of the proposed Project drat will render dzese significant effects ac-
ceptable.
5.1 Air Quality
Design, Community 8z Environment Town of Los Gatos 2020 General Plan
II-9 Findings of fact and Statement of Overriding Considerations
5.1.1 Significant and Unavoidable Impact
Impact AQ-1: The proposed Draft 2020 General Plan would be uiconsistent with applicable clean air planning
efforts of BAAQL\9D, as projected Vl~iTs that could occur under the proposed Draft 2020 Gen-
eral Plan would increase at a greater rate than population growth.
5.1.2 Mitigation Adopted by the Town
The Draft 2020 General Plan includes extensive goals, policies and actions that would reduce VLVIT' witln the Town,
These goals, policies and actions would reduce air quality impacts from VivIT to the extent feasible,.. and no additional
instigation is available,.
5.1.3 Facts in Support of Findings
The Draft 2020 General Plan includes. extensive goals, policies and actions that asm to reduce vehicle reliance and VL\~iT
within the Town. The goals and policies of the proposed Draft 2020 General Plan world encourage local and regional
transit services, improve bicycle and pedestrian networks, provide alternatives to automotive transportation and land use
decisions wlich would help to reduce the increased. rate of V1v1T as compared to that associated with automotive
transportation only, Goal ENV-8 and associated Policies ENV-8,1 through ENV-8.5 would strive to reduce overall
greenhouse gas emissions to 1990 levels by 2020 by encouraging carpooling and alternative transportation, promoting
local employment opportunities and encouraging the use of non-polluting fuels by including natural gas Fueling stations
and electi7c charging stations. Policy LU-2.1 addresses the reduction of Vi~ITs by encouraging purveyors of goods and
services to be located wsdin wallcsrig distance of Town neighborhoods. In addition, Goals TRA-8 and TRA-9
encourage. mass transit and alternative modes of transportation to .reduce velicle reliance. In support of those goals,
Policies TRA-8.1 through TRA-8.8 and TRA-9.1 through TRA-9.6 encourage non-polluting alternatives to travel
including walling, biking, public transit; and encourage the development of mass transportation. systems ui the Town.
Goal TRA-10, Policies TRA-10,1 through TRA-10.6, and Actions TRA-10.1 through TRA-10.4 and .Action TRA-5.4
specifically address increased levels of bilung and walking within the Town.
.Additionally, Goals VLR-1, VLR-3 and VLR-9 promote the construction of the Vasona Lsght Rail and mass transit
facilities and encourage mixed-use development. to reduce. traffic impacts, Associated Policies VLR-1.1 through 1.3,
VI,R-3.2 through VLR-3.5 and VLR-9.1 through VLR-9.3 encourage the construction of die. Vasona Light Rasl and
encourage mixed use development in the vicuity of the Vasona Lsght Rail.
However, although the policies and actions identified' above would effectively reduce• traffic impacts, the projected
growth in velicle travel could still lead to an increase in regional VI\~IT beyond drat anticipated iii BAAQl~1D's clean air
planning efforts because BAAQNID's current clean air plan was adopted ten years ago, and any projected growth in-
crease not. included in the clean air plan and resulting in more V1~iTs is by definition considered a sigiificant impact.
Consequently, although the additional giotivthz in Los Gatos will result iii more compact development and improve. $ze
jobs housing. ratio, both of whsch may reduce VN1Ts regionally, dze growth remains defined by the Clean Air Plan as a
significant impact. The Town cannot mitigate. this impact to a level of insignificance and still' meet otlier goals of d;e
General Plan update,. sncluding meetu-ig its housing needs and having awell-balanced communty,
5.2 Greenhouse Gas Emissions
5,2.1 Significant and Unavoidable Impacts
Impact GHG-1: Aldlough goals, policies, and actions in the 2020 General Plan would reduce GHG emissions by
25.5 percent, implementation of the Draft 2020 General Plan would not aclieve die 28- to 33-
percent reduction from "business as usual" required by Assembly Bill 32.
Desi~m, Community & Environment Town of Los Gatos 2020 General flan
II-10 Findings of tact and Statement of Overriding Considerations
Impact GHG-2: Significant adverse physical impacts from the effects of global climate change hazards would have
an adverse impact on the Town.
5.2.2 Mitigation Adopted by the Town
The Town of Los Gatos shall prepare and implement a Climate Action Plan pursuant to Environment and Sustainability
Element Action ENV-7.1 to direct its community-level GHG emission reduction efforts. As part of the Climate Action
Plan the Town shall prepare a climate change preparedness analysis to address Town adaptation to climate change.
5.2.3 Facts in Support of Findings
Goals, policies and actions contained in the 2020 General Plan are estimated to reduce GHG emissions by
25.5 percent. Action ENV-7.1 in particular calls for the preparation and implementation of a Climate Action
Plan. The Climate Action Plan shall be incorporated into the 2020 General Plan and shall be a frilly enforce-
able document that establishes quantified emissions reductions tugets and identifies strategies and measures
the Town will undertake to reach its targets. The Climate Action Plan shall also include a climate change
preparedness analysis to address Town adaptation to climate change. Every two years, the Town shall moni-
tor and report on progress toward the emissions reduction targets. The impact is considered to be unavoida-
ble, however, because until the Climate Action Plan is prepared .and GHG emission reductions are quantified,
the Town cannot state that GHG emissions can be reduced to a level of insignificance.
Additionally, the impacts of global climate change on a town-wide scale are speculative at this time. Therefore, it would
also be speculative to quantify the reduction of this climate change impact from implementation of a Climate Action
Plan and associated climate change preparedness analysis so that adverse physical impacts from the effects of global cli-
mate change hazards would remain sigiuficant and unavoidable.
5.3 Land Use and Planning, Including Agricultural Resources
5.3.1 Significant and Unavoidable Impact
Impact LU-1: Implementation of the 2020 General Plan would result in the conversion of Unique Farmland to non-
agr7cultural use. The Draft 2020 General Plan calls for development guider the North Forty Specific
Plan Overlay that would be incompatible with continued agricultural use of the property.
5.3.2 Mitigation Adopted by the Town
Since development is incompatible with continued agriculture on the site, there are no .feasible mitigation measures to
reduce this impact.
5.3.3 Facts in Support of Findings
Development on this site is critical to helping the Town meet its .Regional Housing Needs Allocation
(RiINA) and meeting other objectives of the 2020 General Plan, including maintaining a balance of uses,
supporting an active business community, reducing greenhouse gas emissions, and providing housing. The
2020 General Plan calls for development in the North Forty Specific Plan area, which is an area designated as
Unique Farmland; therefore, the 2020 General Plan would convert at least some Unique Farmland to a non-
agricultural use. The impact is considered unavoidable because the Town cannot provide sufficient housing
Design, Community & Environment 'T'own of Los Gatos 2020 General Plan
II-11 Findings of fact and Statement of Overriding Considerations
sites to meet its fair share of the Regional Housing Needs unless the North Forty site is designated for hous-
ing,
5,4 Transportation and Circulation
5.4.1 Significant and Unavoidable Impact
Impact TRA-1: With the implementation of the roadway and iitersecdon improvements identified ii the 2020 Gen-
eral Plan uz the Transportation Element, transportation impacts would be fully mitigated. However,
because there are currently no dedicated funding sources°ideiitiFied for the improvements, it cannot
be concluded that the improvements will be funded and completed at the time they are needed for
• mitigation to the Town level-of-service operational standard.
5.4.2 Mitigation Adopted by the Town.
The Town shall create a dedicated funding, source for implementation of transportation improvements identified ii the
Plan.
5.4.3 Facts in Support of Findings
The 2020 General Plan includes a number of policies to address future impacts to the capacity of the roadway system,
Goal TRH-1 and Policy TRA-1.1 requires that development not exceed transportation capacity and to develop txanspor-
- -_ _..
tatioii systems drat meet cunerit and future needs of residents and businesses. Policy TRH-3.3 calls for an evaluation of
all new developments to ensure that they axe iii compliance with the Town's LOS intersection policy; Policy TRA=3.4
states that new .projects shall not cause an intersection at LOS of Level A, B, or C to drop more than one level and an
intersection at LOS of D or below to drop at all; and Policy TRA-3.5 states that if a new project causes an intersection
LOS to drop more dean one level from Level A, B, or C ox to drop at all from Level D or below, the project shall miti-
gate traffic so drat the LOS will remain at an acceptable level.
In addition, Action TRH-3.1 will implement die local roadway improvements listed dze Transportation Element of the
2020 General Plan in the Capital Improvements Program (CIP), With the implementation of these improvements, no
intersections will operate below the acceptable level of LOS D. A dedicated funding. source for transportation im-
provements would ensure drat improvements are completed at die time they are needed to trutigate die capacity of die
existing circulation system. The impact is considered to be unavoidable, however, because rmtil dedicated finding
sources have been adopted for die improvements,. the Town cannot state that all intersections will operate at LOS D or
below after implementation of die 2020 General Plan.
6.0 FINDINGS RELATED TO CUMULATIVE IMPACTS
CEQA Guidelines. require consideration of the potential cumulative impacts drat could result from a proposed project in
conjunction widr oilier projects in the viciuty. Such impacts can occur when two ox more individual effects create a
considerable environmental impact or compound other environmental consequences,. In the case of a town-wide plan-
ivng document such as the Town of Los Gatos 2020 General Plan, cumulative effects are effects that combine impacts
from implementation of the Plan in the Town widz effects of development in other portions~of die region,
The cumulative impacts of a General Plan take into account potential impacts ox growdl projections in combination
with'impacts from projected growth in other cities or counties in the region. The cumulative impact analysis. examines
cumulative effects of die proposed General Plan, in combination with development in cities adjacent to Los Gatos,
Several jurisdictions and agencies were consulted as part of this analysis to identify current growth, where most intensive
Design, Community & T'nvironment Town of Los Gatos 2020 General Plan
II-12 Findings of Fact and Statement of Overriding Considerations
growth was occurring witlvn respective jurisdictions, and whether a substantial increase in the amount of growth was
expected in the foreseeable future. The jur7sdictions consulted include the following:
• County of Santa Clara
• City _of Cam_ pb_e_ 11
• City of 1blonte Sereno
• Ciry of Saratoga
• City of San Jose
No significant cumulative impacts were fotmd in the EIR.
7.0 FINDINGS REGARDING MONITORING OF MITIGATION MEASURES
Mitigation is provided fox 3 significant impacts in the 2020 General Plan EIR. A Mitigation Nloiutoxing and Reporting
Plan has been prepared fox the 2020 General Plan.
8.0 FINDINGS REGARDING ALTERNATIVES
CEQA Guidelines Section 15126.6 requires a discussion of a reasonable range of alternatives to the project or to the
location of the project. However, an EIR need not consider an alternative whose implementation is remote or specula-
tive. An EIR is required to describe and comparatively evaluate a range of reasonable alternatives to a project, or loca-
tion of the project, that would feasibly attain most of the basic objectives of the project but would avoid or substantially
-le-ssen-any of the significant effects-of-the project:- Thus the-range of-alternatives evaluated in-die-Draft-EIR wasdictat=
ed by CEQA Guidelines and by die range of signuficant impacts identified in the Draft EIR and evaluated alternatives
were limited to those that dzeoretically could have reduced or eliminated identified environmental impacts.
As discussed in the Draft EIR, all impacts would be less dean significant, except for impacts to air quality, greenhouse
gas emissions, land use and planning, and, transportation and circulation, which would remaui significant and unavoida-
ble. Accordingly, two alternatives, in addition to die required No Project Alternative, were considered and evaluated in
Chapter 5 of the Draft EIR, and a summary of their potential advantages and disadvantages is provided in Table 5-2 of
d1e Draft EIR.
The Draft EIR discussed die following alternatives in detail:
A. Alternative 1: Existing General Plan Alternative (also referred to as the No Project Alternative);
B. Alternative 2: 1Vledium-Density Residential Alternative; and
C. Alternative 3; Commercial Alternative.
Each of these alternatives was evaluated under the same environmental categon7es as presented for the proposed project
.and as identified in Chapter 4 of the Draft EIR.
Based on the comparison of the relative men7ts of each alternative compared to the 2020 General Plan, each of the alter-
natives was found to be deficient in meeting the Town's ,goals and objectives.
The 2020 General Plan objectives are to ensure drat Los Gatos:
• Is afull-service community that is also environmentally sensitive.
• Maintains the small town character of d1e Town.
Desigm, Community & Environment Town of Los Gatos 2020 General Plan
II-13 Findings of Fact and Statement of Overriding Considerations
• 1\~Iaintairls a balanced, well=designed lnix of residential, commercial, service and open space uses, fostel~uig a pedes-
t17an-oriented community consistent with a shall town character.
• Maintains and expands existing. parlc and open space land to maintain and enhance quality of life and promote sus-
tainatiilhty; or the long-teiin well-being of the environment and commtuit5~.
• 1\~leets the changing needs of the Town's youth and selior populations.
• Supports an active business. commurity that provides a wide variety of goods and services and a broad range of em-
ployment opportunities, minimizing the need to travel to other commuiities.
• Provides awell-lvn, efficient municipal government that is fiscally healthy with ligh levels of public safety, recrea-
tional, art and culhual amenities and that is committed to ligh quality of life.
• Promotes a sustainable and environmentally conscience community through conservation of resources, reduction of
greenhouse'gas emissions, and smart-growth practices.
• Provides housing that meets the needs of a diverse community.
Based on the comparative evaluation contained in the Draft EIR, the proposed 2020 General Plan would reduce the
magnitude of the most impacts. and would be the environmentally supel-ior alternative..
8.1 Alternative 1: Existing General Plan Alternative. (No Project Alternative)
8.1.1- - Description-of Alternative 1 - -- - - - -
The No Project alternative assumes that no updated General Plan or updated Housing Element would be adopted and
that development would contimie to occur as allowed under the. existing 2000 Town of Los Gatos General Plan. The
potential housing sites identified in the Draft 2007-2014 Housing Element would not receive an affordable Housing
Overlay Zone (AHOZ) designation and would retain the existing land use and zoning designation. The North Forty
area would also retain its 1Vlixed-Use Commercial (NIUC) designation, wlich would result ui sigiificantly more
nonresidential development in the North Forty area.
In relation to The proposed Draft 2020 General Plan and Draft 2007-2014 Housing Element, the existing General Plan
would allow approximately 540 fewer dwelling units; about 1,280 fewer people; 128,460 more square feet of
retail/service uses; 543,330 more square feet of office uses; no change in industrial uses; and about 2,100 more jobs at
the horizon buildout in 2020.
8.1.2 Rejection of Alternative 1
Chapter 5, Section a.2 of die Draft EIR contains an analysis comparing die potential impacts of the 2020 General Plan
to the No Project alternative. as summal7zed below, the No Project alternative would represent an overall substantial
detelYOTltloll In COmparlsOri YO the 2020 General Plan because it would worsen impacts to all environmental categol7es
except geology and soils and hazards and hazardous matel7als, for which impacts would be equivalent to those found
under the 2020 General Plan, as identified in the Draft EIR.
The No Project Alternative would result in a greater amount of nonresidential development as compared to the 2020
General Plan, mostly in the North Forty area. The 2020 General Plan would not inchide a North Forty Specific Plan
Overlay designation and therefore would not set parameters for development in the North Forty area. additionally, the
substantial amount of nonresidential development would result uz more vehicle trips and vehicle miles traveled. 1l~Iore
vehicle trips would lead to increased traffic noise levels, impacts on circulation, further deterioration in air quality From
mobile source emissions, and greater greenhouse gas emissions as compared to the 2020 General Plan.
Design, Community & Environment Town of Los Catos 2020 General Plan
II-14 Findings of fact and Statement of Overriding Considerations
Development under the No .Project Alternative would create ajobs/housing imbalance, iiicreasuig the jobs-to-housing
ratio to 1,8 as compared to 1.6 under the 2020 General Plan. An optimum jobs/housing balance is typically between 1
and 1.5 for a community. Because flee No Project Altemative would not identify the housing sites in the Draft 2007-
2014 Housing Element nor apply the AHOZ to these sites, this Alternative would not meet the Regional Housing
Needs Assessment (RI-INA) assigned to the Town by the Association of Bay Axea Governments (ABAG). Therefore,
the overall jobs/housing imbalance and the inability to meet the RHNA would lead to a deterioration with respect to
population, housing and employment under the No Project Alternative.
Nonresidential-uses typically require -more impervious .-surfaces then residential uses require,- thereby potentially
increasing, the amount of stormwater runoff and increasing the impact on water quality as a .result of greater
nonresidential development under the No Project Alternative compared to the 2020 General Plan. The No Project
Alternative would also result in greater impacts to utilities and infrastructure because of the increase in nonresidential
development.
The No Project Alternative would have retained the Hillside .Residential designation on certain parcels that are
inconsistent with the tl~tidpeninsula Regional Open Space District's designations. Sorne of these parcels retaining the
Hillside Residential designation would be uiconsistent wide Williamson Act contracts by allowing residential
development that could create conflicts with continuing agricultural uses on these parcels.
The No Project Alternative would not .include fl1e same level of comprehensive policy direction iii areas including
aesflletics, air quality, biological resources, cultural resources, greenhouse .gas emissions, hydrology and water quality, and
utilities and infrastructure.
Therefore, the Town rejects Alteuzative 1, the No Project Alternative.
8.2 Alternative 2: Mediurn Density Residential Alternative
8.2.1 Description of Alternative 2
Under the 11~Iedium Density Residential Alternative, the housing sites identified in the Draft 2007-2014 Housing Element
would also be designated for housing, but at a density of 12 dwelling units (DU) per acre instead of 20 DU per acre. In
order to meet the Town's RHN.~, additional underutilized sites along Blossom Hill Road and north of Highway 85
would also be designated for medium density housing (12 DU per acre). The North Forty Specific Plan Overlay Desig-
nation would be included as part of this alternative. However, flee potential development parameters ,of die North Forty
Specific Plan Overlay Designation would be redefined to allow for less residential and non-residential development ui
the North Forty area.
Overall, the i~tedium Density Residential Altemative would provide for approximately 190 fewer new residential units
and about 440 fewer people than the 2020 General Plan. This alternative also .includes 278,460 more square feet of re-
tail/service uses, 56,670 fewer square feet of office uses and no change in industizal uses, which would result in approx-
imately 430 additional jobs. The goals, policies and actions contained in the proposed Draft 2020 General Plan would
apply under this alternative as well.
8.2.2 Rejection of Alternative 2
Chapter 5, .Section B.2 of the Draft EIR contains an analysis comparing the potential impacts of the 2020 General Plan
to the Medium Density Residential Alternative. As summaiYZed below, the lvledium Density Residential .Alternative
would represent an overall substantial deterioration in comparison to the 2020 General Plan because it would worsen
impacts to the following environmental categories as .identified iii flee Draft EIR: air quality; greenhouse gas emissions,
Design, Community & Environment Town of Los Gatos 2020 General Plan
II-15 Findings of fact and Statement of Overriding Considerations
hydrology and water quality, noise, and transportation and circulation. All other environmental categories would have an
equivalent impact as fotmd under die 2020 General Plan except regarding public services and recreation,. for which the
Yiedium Density Residential Alternative would be an insubstantial improvement as compared to the 2020 General Plan.
Nloxe nonresidential development under d1e 1~Iedium Density Residential Alternative would result in more vehicle trips
and vehicle miles traveled. Residential development would be of a lower density than that of the 2020 General Plan, and
tlis development would be spread throughout the Town. Tlis lower density, spread-out development would further
increase vehicle miles traveled, The increase in velicle trips and vehicle miles traveled would result ui more mobile
source emissions, and therefore a greater amount of greenhouse gas. emissions, as compared to the 2020 General Plan.
tlilore vehicle trips would also result in increased traffic noise levels artd increased impacts to circulation..
Vlore nonresidential development would also result in more impervious surfaces, since nonresidential uses typically
require more impervious surfaces dean residential uses. Nloxe iinpeivious surfaces would potentially result in mote
stormwater runoff and therefore increase the impact on water quality as compared to the 2020 General Plan,
The 1Vledium Density Residential Alternative would include. die same level of comprehensive policy direction as found
under die 2020. General Plan. However, even with this same level of policy direction, the ilQedium Density Residential
Alternative would be an overall. substantial deterioration. as compared to the 2020 General Plan for the impacts
described above.
Therefore, the Town rejects Alternative 2, tie IVledium Density Residential Altemadve.
8.3 Alternative. 3: Commercial Alternative
8.3.1 Description of Alternative 3
Under die Commercial Alternative, the Draft 2007-2014 Housing Element potential housing sites located along Los
Gatos Boulevard would be designated. for non-residential development instead of residential development, In order. to
meet the Town's RHNA, other underutilized sites located throughout die Town would be designated for Housing at 20
DU per acre. The Noxdi Forty Specific Plan Overlay Designation would be uicluded as put of dis alternative. Howev-
er, the potential development parameters of the Norti Forty Specific. Plan Overlay Designation would be xedeFiiied to
allow for less residential development and' more nonresidential development in the North Fortjr area.
Overall, the Commercial Alternative would generate the second most non-residential development and job. gLOwth after
the Existing General Plan Alternative, The Commercial Alternative. would provide fox. approximately 570 fewer new
residential units and about 1,340 fewer residents compared to tie proposed' Draft 2020 General Plan.. This alternative
would also include 49,790 additional square feet of retail/service uses, 523,000 additional square feet of office uses. and
no change ui iiidustiial uses, wlich would result iii approximately 1,860 additional jobs. The goals, policies and actions
contained in the proposed Draft 2020 General Plan would apply under dis alternative.
8.3.2 Rejection of Alternative 3
Chapter 5, Section C.2 of the Draft EIR contains. an analysis comparing the potental impacts of the 2020 General Plan
to the. Commercial Alternative. As summarized below, the Commercial Alternative would represent an overall
substantial deterioration ui comparYSOn to the 2020 General Plan because it would worsen impacts to tie foIlowuig
environmental categories as identified in die Draft EIR: air quality; greenhouse gas emissions; hydrology and water
quality;. noise; population, housing and employment; and transportation and circulation. All odzer environmental
categories would have an equivalent. impact as found under die 2020 General Plan except regarding Public Services and
Recreation, which would be the only insubstantial improvement as compared to the 2020 General Plan.
Design, Community & l;nvironmeut Town oELos Gatos 2020 General Plan
II-1G Findings of tact and Statement of Overriding Considerations
The additional nonresidential development under the Commercial alternative would result in a greater amount of
vehicle trips and vehicle miles traveled as compared to the 2020 General Plan. The increase in mobile source emissions
would lead to a deteiYOxation in air quality and an increase in greenhouse gas emissions. The increase in vehicle trips
would also result in increased traffic noise levels and impacts on circulation,
IVlore nonresidential development would also result in more impervious surfaces, since nonresidential uses typically
.require more impervious surfaces than residential uses. 1l~Iore .impervious. surfaces would potentially result ilz more
stoxmwater runoff and therefore increase the impact on water quality as compared to the 2020 General Plan.
Development under the Commercial Alternative would also create- a. jobs/housing imbalance,- increasing- the jobs-to-
housing ratio to 1.8 as compared to 1.6 under the 2020 General Plan, The optimum jobs/housing balance is typically
between 1 and 1.5 for a community.
The Commercial alternative would include the same level of comprehensive policy direction as found under the 2020
General Plan, However, even with this same level of policy direction, the Commercial alternative would be an overall
substantial deterioration as compared to the 2020 General Plan for the impacts described above.
Therefore, the Town rejects alternative 3, the Commercial alternative.
9.0 GROWTH INDUCING IMPACTS
Chapter 6, Section a of the Draft EIR presents the growth-inducing impacts that can be anticipated from adoption .and
implementation of dze 2020 General Plan. Section 15126(d) of die CEQa Guidelines requires that an EIR address the
growth-inducing impacts of the proposed action. Not all growth inducement is necessarily negative. Negative impacts
associated with growth inducement occur only where the projected .growth would cause adverse environmental impacts.
according to the CEQa Guidelines, the EIR should discuss die ways in which the proposed project could foster eco-
nomic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding
environment, including projects which would remove obstacles to population growth. Direct .growth-inducing impacts
are generally associated with providing urban services to an undeveloped area. Providing urban services to a site, and the
subsequent development,. can serve to induce other landowners in the vicinity to convert their property to urban uses.
Indirect, or secondary growth-inducing impacts, consist of growth induced in the region by additional demands for
housing, goods, and services associated with the population increase caused by, or attracted to, a new project.
9.1 Direct Impacts
The 2020 General Plan would directly ilzduce population, employment and economic growth by allowing for intensified
development within some areas of the Town. Under btuldout conditions in 2020, the 2020 General Plan would allow
the following development based on the expected growth assumptions for the Los Gatos area:
approximately 1,600 additional residential units to be added to the 12,130 residential units estimated to exist in
2008.
• approximately 3,790 new residents in addition to the existing 2008 population within the Town limit. Tlus would
result in a town population of 32,600 in 2020.
• approximately 2,660 new jobs to be added to the 18,820 jobs estimated to exist in 2008.
• approximately 943,21'0 square feet of commercial development to be added to the approximately 4.1 million square
feet existing in 2008.
Design, Communty & F,nvisonment Town of Los Gatos 2020 General Plan
II-17 Findings of Fact and Statement of Overriding Considerations
State law requires die Town to pi:oinote flie production of Housing fo meet its fair share of the iegibilal lousing needs
distrYbudon made by r1Br1G. The housing and employment growth in Los Gatos would generally have beneficial effects
by allowing the Town to address its regional fair-share Housing obligations.
In addition,. the type of growth envisioned by die 2020 General Plan would Ue concentrated in specific, designated areas.
New development would be pedestrian-fi7endly, use land efficiently and promote transportation alternatives. Housing
near the Vasona Light Rail would be encouraged, as would inized-use development. Housng would also be allowed in
the North Forty area. The growth envisioned under the 2020 General Plan would result in local and regional benefits by
pxoinoting land use patterns drat reduce automobile dependence and support regional transit systems, which coiild re-
duce greenhouse gases, air quality, noise and traffic impacts associated wide population. growth and non-residential de-
velopment,. as well as making services mole efficient to provide and reduce pressure on developing open space.
9.2 Indirect Impacts
The 2020 General Plan encourages new growth in flee urbanized areas of Los Gatos. Development in these areas would
consist of infill development on the remaining vacant sites or redevelopment of underutilized sites. Roadway and infLa-
stiucture are present for these areas, and all projects would be regtured to comply with the Town's standards for public
services and utilities.
9.3 Findings Regarding Growth Inducing Impacts
9.3.1 Direct Impacts
Because housing and' employment growth under the 2020 General Plan would allow the Town to accommodate its re-
gional fair-share. housing. obligations and because growth envisioned under the 2020 General Plan is focused on efficient,
pedestrian-friendly land use patterns that reduce automobile dependence, die growth-inducing effects of implementation
of die 2020 General Plan would be beneficial to dze Town and surrounding areas.
9.3.2 Indirect Impacts
Since the roadway and infrastrtiicture to serve this development are largely iii place, and since new projects would be
required to comply wifli die Town's standards for public services and utilities, secondary growth-inducing effects do not
represent a significant environmental impact.
Design, Community & Environment Town of Los Gatos 2020 General Plan,
II-18 Findings of Fact and. Statement of Overriding Considerations
SECTION II
THE TOWN OF LOS GATOS GENERAL PLAN EIR
STATEMENT OF OVERRIDING CONSIDERATIONS
1:0 STATEMENT OF OVERRIDING CONSIDERATIONS
1.1 Introduction
In determining whether to adopt the 2020 General Plan, CEQr1 Guidelines Section 15093 regtures a public agency to
balance the benefits of a project agauzst-its unavoidable environmental risks. In accordance with Public Resources Code
Section 21081 (b) and CEQr1 Guidelines Section 15093, the Town Council has, in determining whether or not to adopt
die 2020 General Plan, balanced the economic, social, technological, academic, and other benefits of the Plan against its
unavoidable environmental effects, and has found that the benefits of the Plan outweigh the significant adverse envi-
ronmental effects that are not mitigated to less-than-significant levels, for t11e reasons set forth below. Tlus statement of
overriding considerations is based on the Los Gatos Town Council's review of the .Draft EIR and Final EIR and other
information in the administrative record. The Los Gatos Town Council finds that each of the following benefits is an
overriding consideration, independent of the other benefits, that warrants .approval of the 2020 General Plan notwith-
standing the Plan's significant unavoidable impacts.
By incorporating policies intended to avoid environmental impacts and by steering development to within existing ur-
banized areas, the 2020 General Plan is largely self-mitigating. Rather than mitigating impacts from iznplementation of
the .2020 General Plan through mitigation measures in the EIR, the policies. and land use map in the 2020 General Plan
are intended to prevent the majority of environmental impacts altogether. Implementation of the 2020 General Plan has
die potential to generate five sigtficant environmental project impacts and no significant cumulative impacts.
Significant and Unavoidable Project Impacts:
• r1Q-1
• GHG-1
• GHG-2
• LU-1
• TRH-1
The Town recognizes drat the 2020 General Plan will cause the five signficant and unavoidable impacts as listed above.
The Town has carefully balanced d1e benefits of the proposed General Plan against the unavoidable adverse impacts
identified in dle Draft EIR, Final EIR and the Town's Findings of Fact, Notwithstandiizg die disclosure of impacts
identified as signficant and which have not been eliminated to a level of insignificance, the Town, acting pursuant to
Section 15093 of the CEQl~ Guidelines, hereby determines dial the benefits of 2020 General Plan outweigh the signifi-
cant unmitigated adverse impacts.
1.2 Specific Findings
1.2.1 Project Benefits Outweigh Unavoidable Impacts
The remailung significant and unavoidable impacts of the 2020 General Plan are acceptable in light of die economic,
fiscal, social, planning, land use and other considerations set forth herein because the benefits of the proposed General
Plan outweigh the significant and unavoidable adverse environmental impacts of die proposed project.
1.2.2 Balance of Competing Goals
Design, Community & Environment Town of Los Gatos 2020 General Plan
II-1 Findings of Tact and Statement of Overriding Considerations
The Town finds it imperative to balance competing goals in adopting die 2020 General Plan and dhe environmental
documentation for die 2020 General Plan. Not every policy or environmental concern has been fully satisfied because
of rile need to satisfy compering concerns to a certain extent. Accordingly, in some instances the Town has chosen to
accept certain environmental impacts because to eliminate them would unduly compromise important economic, social,
or other goals. The Town finds and determines that die text of rile 2020 General Plan and the supporting. environmen-
tal documentation provide for a positive balance of the competing goals and that the economic, fiscal, social, plamhing,
land use, and other benefits to be obtained by the 2020 General Plan outweigh the environmental and related potential
impacts of die 2020 General Plan.
1:3 Overriding Considerations
Substantial evidence is included in die record of these proceediings and in documents relating to 2020 General demon-
stratuig die benefits which die Town would derive hom the implementation of the Plan. The Town lias balanced rile
economic considerations of dhe 2020 General Plan against the tulavoidable environmental impacts identified in the Draft
EIR and Final EIR and concludes that dze economic benefits that will be derived from die implementation. of the 2020
General Plan outweigh those environmental impacts, Tliese are addressed in die Town's bindings of Fact. In particular,
the Town considered whether there would be any impacts related to: aesthetics; agriculture; air quality; biological re-
sources; cultural resources; geology, soils, and mineral resources; hazards and' safety; hydrology and water. quality, land
use; noise; population and housing; public services and recreation; transportation and circulation; utilities; and green-
house gas emissions. Upon balancing the environmental risks and countervailing benefits, die Town. concludes dhat the
benefits which the Town will derive from die implementaton of the 2020 General Plan outweigh dzose environmental
risks.
1\~Ioxe particularly, die 2020 General Plan will provide fox die orderly development of residential, inited use, retail and
office, industrial,. and public uses, wlhile maintaining significant areas of open space and public lands. The growth envi-
sioned in die 2020 General Plan would be concentrated in specific, designated areas widen die Town limits, and new
development would use land efficiently and reduce dependence on the automobile. The 2020 General Plan defines a
vision of what the Town desires to be in 10 years, and selves as a comprehensive gaude fox decisions about land use,
housing, water resources, circulation, conservation and open space, health and safety, communty services, and' public
facilities and services. The Town. finds dzat tlhis level of comprehensive planning is desirable and beneficial to the Town
and provides a more environmentally sustainable vision and development plan for dze Town dean the previously adopt-
ed General. Plan. For example,. the proposed General Plan includes a new Environment and Sustaiizability Element as
well as new policies throughout the General Plan that support the Town's goal of being a more sustainable community..
These policies aim to reduce vehicle trips, promote alternative transportation modes, conserve energy, conserve water
resources, and reduce greenhouse gas emissions.
The adoption. of die 2020 General Plan would provide the Town wide a "constitution" for land use. and development
drat would guide the town's growth over the next 10 years in a manner that aligns with the goals of the Town of Los
Gatos and its residents. The 2020 General Plan would also create a vai7ety of housing types that would allow the Town
to meet its fair share housing regturements as allocated by the Association of Bay Area Governments (ABAG).
The Town finds that die above described benefits which will be derived from adopting the proposed General Plan,
when weighed against dhe absence of the General Plan, overi7de the signficant and unavoidable environmental impacts
of dze Plan.
1.4 Incorporation by Reference
The EIR is hereby incorporated into these findings in its entirety. Without limitation, dhis incorporation is intended to
elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the
Desi~,m, Community & Environment Town of Los Gatos 2020 General Plan
II-2 findings of Pact and Statement of Overriding Considerations
comparative analysis of alternatives, and the .reasons for approving the Project in spite of the potential for associated
significant unavoidable .adverse impacts.
1.5 Record. of Proceedings
Various documents and other maten7als constitute the record of proceedings upon which the Los Gatos Town Council
bases its findings and decisions contained herein. The record of proceedings is located at the Community Development
Department of the Town of Los Gatos, 110 East Main Street, Los Gatos, California, 95030. The custodian for the rec-
ord of proceedings is die Town of Los Gatos. Tlis information is provided in compliance with Public Resources Code
section 21081:6(a)(2) and CEQr1 Giudelines; ~ 15091{e). - -
1.6 Surnrnary
Based on the foregoing findings and die information contained in dze Record, die Los Gatos Town Council has made
one or more of the following findings wit11 respect to each of d1e significant environmental effects of the 2020 General
Plan: '
1) Changes or alterations ,have been required in, or incorporated into, the 2020 General Plan which mitigate or
avoid the significant effects on die environment.
2) Those changes ox alterations are within the responsibility and junYSdiction of another public agency and have
been, or can and should be, adopted by drat other agency.
3) Specific economic, legal, social, technological, or other considerations, including considerations for the provi-
sion of employment opportunities for highly trained workers, make infeasible die mitigation measures or alter-
natives identified in the environmental impact report.
Based on the foregoing findings and die information contained iii the record, it is determined drat:
1) All significant effects on the environment due to die approval of the project have been eliminated or substan-
tially lessened where feasible.
2) any remaining significant effects on the environment fotmd to be unavoidable are acceptable due to die Factors
described in dze Statement of Overriding Considerations in subsection C, above, and the Town fords that the
proposed General Plan should be approved.
Design, Communitlr & Environment T owu of Los Gatos 2020 General Plan
II-3 rindings of fact and Statement of Overriding Considerations
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