D. ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM,

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1 A' MEETING DATE: 03/ 03/ 15 ITEM NO: 19 ADDENDUM COUNCIL AGENDA REPORT DATE: FEBRUARY 27, 2015 TO: FROM: SUBJECT: MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER NORTH FORTY SPECIFIC PLAN GENERAL PLAN AMENDMENT GP ZONING CODE AMENDMENT Z AND ENVIRONMENTAL IMPACT REPORT EIR 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 THROUGH THROUGH 037, 052 THROUGH 054, 060, 063 THROUGH THROUGH THROUGH 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 irector of Community Development r Reviewed by: N/A Assistant Town Manager N/A Town Attorney N/A Finance N:\ DEV\TC REPORTS\2015W40 TC addmdum.dm Reformatted: 5/ 30/ 02

2 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN/ GP /Z /EIR February 27, 2015 REMARKS: As mentioned in the staff report dated February 26, 2015, staff was researching Los Gatos hotel square footages for Council' s consideration. Based on MetroScan data, Tollhouse is 56, 591 square feet, Los Gatos Lodge is 46,045 square feet, and Hotel Los Gatos is 58, 207 square feet. Hotel Valencia at Santana Row is over 200,000 square feet. Per a Council Member request, Attachment 57 includes the approved minutes from the February 3, 2015 Town Council meeting. Attachment (Previously received on ALL 4, 2014): 1. Draft Environmental Impact Report ( http : / / gov/ N40DEIR Attachments (Previously received on Julv ): 2. Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program Public Hearing Draft North Forty Specific Plan ( Note: The complete Specific Plan including appendices is also available online at: http : / / 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, Desk Item 2 Report to the Planning Commission for the meeting of July 23, Report to the Planning Commission for the meeting of August 13, Desk Item 3 Report to the Planning Commission for the meeting of August 13, 2014 Attachments ( Previously received with Staff Report on August ): 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, 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 ), adopting the Mitigation Monitoring and Reporting Program, and adopting the Findings of Fact and Statement of Overriding Considerations, including Exhibit A. 15. Draft Resolution for the adoption of the North Forty Specific Plan

3 PAGE MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP /Z /EIR February 27, Draft Resolution adopting General Plan Amendments of the Town' s General Plan ( GP ), including Exhibit A. 17. Draft Ordinance effecting a Zoning Code Amendment of the Town Code ( Z ), 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 ): 19. Resolution : 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 ): 21. Map of the Los Gatos Union School District Boundary and school site options within the North 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, Additional Limitations for Commercial ( Exhibit 8 from the August 15, 2012 Advisory Committee meeting. Attachments (Previously received with September 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, Public Comment received from 11: 01 a.m. Tuesday, September 2, 2014 through 11: 00 a.m. Thursday, September 11, Fehr & Peers letter dated September 10, Table of Planning Commission recommendations and proposed responses for Council consideration. Attachments (Previously received with September Addendum): 30. Letter from A. Don Capobres, Linda Mandolini, and Wendi Baker dated September 12, pages) 31. Public Comments received from 11: 01 a.m. Thursday, September 11, 2014 through 11: 00 a.m. Friday, September 12, 2014

4 PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN /GP / Z /EIR February 27, 2015 Attachments ( Previously received with September 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, Highland Oaks Existing Traffic Calming Attachment (Previously received with September 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 Draft School District Demographic Study dated October 8, 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, 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 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

5 PAGES MAYOR AND TOWN COUNCIL SUBJECT: NORTH 40 SPECIFIC PLAN/ GP / Z / EIR February 27, 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 Mandolini, 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 received with this Addendum: 57. Approved Minutes from the February 3, 2015 Town Council Meeting Distribution cc: Grosvenor Americas, Attn: Steve O' Connell, I California Street, Suite 2500, San Francisco, CA Summerhill Homes, Attn: Wendi E. Baker, 3000 Executive Parkway, Suite 450, San Ramon, CA LRP:JSP: cg

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7 Town Council Meeting 02/ Item # 1 MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING FEBRUARY 3, 2015 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February 3, 2015, at 7: 00 p. m. CLOSED SESSION 6: 00 P.M. CS -1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957( b)( 1) 1 Title: Town Manager MEETING CALLED TO ORDER AT 7: 00 P. M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Mayor Jensen led the Pledge of Allegiance. The audience was invited to participate PRESENTATIONS Mayor Jensen presented the Small Business, Big Applause commendation to Bunches flowers. Bunches employees accepted the commendation on behalf of the owners, Roger and Nancy Copolillo. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL/ TOWN MANAGER REPORTS Council Matters Vice Mayor Barbara Spector stated she attended the Council Policy Committee meeting and the Finance Committee meeting. Council Member Marico Sayoc stated she attended the Housing Element Advisory Board ( HEAB) meeting and the Santa Clara Valley Water Commission meeting. Council Member Steve Leonardis stated he attended the Finance Committee meeting. Mayor Marcia Jensen stated she attended the Council Policy Committee meeting and the HEAB meeting. ATTACHMENT 5 7

8 Manager Matters Stated that the new Art in the Council Chambers exhibit is provided by the advanced art students at Los Gatos High School under the direction of Thad Smith and a reception is scheduled for Thursday, February 5 in the Council Chambers. Stated that on Wednesday, February 11, the Town will celebrate the third anniversary of the new library with a variety of events. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Minutes of: a. January 13, 2015 Special Meeting b. January 20, Authorize the Town Manager to execute an agreement with Downtown Ford for the purchase of two compact Ford Escapes in an amount not to exceed $ 51, PPW Job No Blossom Hill Park Pathway Improvements Project Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Scott Miller Paving and authorize recording by the Clerk Administrator Council Member Rob Rennie pulled Item # 2. MOTION: Motion by Council Member Steve Leonardis to approve consent item # 1 with the changes identified in the Desk Item for Item # 1 b and consent item # 3. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Lee Quintana Thanked Town Council for passing the Leaf Blower Ordinance and commented it is measurably quiet in her neighborhood. Angelia Doerner Commented on the Almond Grove Repaving project. Jeff Loughridge Commented on his concerns with the way the Town distributes information via the Town' s " What's New" notification and the official notification given to residents for projects in the Town. Barbara Holden Commented on the cost of Town police services verses the Sheriff's Department. Town Council /Parking Authority February 3, 2015

9 Verbal Communications continued Andy Wu Commented on the Veterans Memorial proposal. John Shepardson Thanked Diane McNutt and Joe Pirzynski for their hours of service on the Town Council and requested the Town conduct a comprehensive review of the costs for police services for a possible switch to the Sheriff's department to provide police services to the Town. Pulled Consent Item # 2 2. Authorize the Town Manager to execute an agreement with Downtown Ford for the purchase of two compact Ford Escapes in an amount not to exceed $ 51, 988 Matt Morley, Director of Parks and Public Works, presented the staff report and responded to Council questions. Opened and closed Public Comment at 7: 33 p. m. MOTION: Motion by Vice Mayor Barbara Spector to authorize the Town Manager to execute an agreement with Downtown Ford to purchase two compact Ford Escapes. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously OTHER BUSINESS 4. Senior Group Homes Transfer and Rehabilitation Loans Adopt a resolution authorizing the Town Manager to Execute: RESOLUTION a. Agreements facilitating the transfer of 185 Anne Way (APN ) and Blossom Hill Road ( APN ) Senior Group Homes from Senior Housing Solutions (formerly Project Match) to Charities Housing Development Corporation ( Los Gatos Senior Homes LLC) b. New Rehabilitation Loan Agreements addressing necessary repairs and improvements to preserve the long -term affordability and maintenance of the homes in the Town' s affordable housing stock Continued from ) Laurel Prevetti, Assistant Town Manager /Community Development Director, presented the staff report. 3 Town Council /Parking Authority February 3, 2015

10 Other Business Item #4 continued Opened Public Comment at 7: 37 p. m. Dan Wu, Executive Director, Charities Housing Development Corp. Addressed Council questions. Closed Public Comment at 7: 38 p.m. Council discussed the matter. MOTION: Motion by Council Member Marico Sayoc to adopt a resolution authorizing the Town Manager to execute: ( a) agreements facilitating the transfer of 185 Anne Way (APN ) and Blossom Hill Road ( APN ) senior group homes from Senior Housing Solutions (formerly Project March) to Charities Housing Development Corporation ( Los Gatos Senior Homes LLC) and ( b) new rehabilitation loan agreements addressing necessary repairs and improvements required to preserve the long -term affordability and maintenance of the homes in the Town' s affordable housing stock. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. PUBLIC HEARINGS 5. Conditional Use Permit Application U Propertv Location: 106 E. Main Street. Property Owner. Town of Los Gatos. Applicant: Museums of Los Gatos Consider a request to operate a museum ( Museums of Los Gatos) and related activities on property zoned C -1: PD. APN RESOLUTION Jennifer Savage, Senior Planner, presented the staff report. Opened Public Comment at 7: 49 p. m. Jeff Janoff, President of the Museums of Los Gatos Commented on the application. Lee Quintana Requested clarification on the use of amplified music. Closed Public Comment at 7: 51 p. m. Town Council /Parking Authority February 3, 2015

11 Council discussed the matter. Public Hearing Item # 5 continued MOTION: Motion by Mayor Marcia Jensen to approve the Conditional Use Permit ( CUP) U , at 106 E. Main Street, using Attachment 2 and the conditions attached; adopt the Desk Item changes for conditions #5 and # 7; modify condition # 4 to extend the hours to 8: 00 p. m. on Thursdays; and change condition # 11 to delete the phrase "as amended." Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. A Location: the Dlan area comprises approximatelv 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 through through through through through through 096, 099, 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 Adoption of a Mitigation Monitoring and Reporting Program, and adoption of Findings of Fact and Statement of Overriding Considerations Continued from ) Laurel Prevetti, Assistant Town Manager /Community Development Director, presented the staff report. Council discussed the matter. Mayor Jensen called a recess at 9: 39 p. m. Reconvened at 9: 49 p. m. Town Council / Parking Authority February 3, 2015

12 Public Hearing Item # 5 continued The Council continued its discussion of the matter and identified the following areas of consensus: Agree that there should be a Specific Plan; Acknowledge that the Vision Statement is appropriate tabling for now the possible addition of language regarding meeting the State housing requirements in bullet #3; Agree that the Vision Statement is sufficiently general to include not only the needs of the north side of Town, but other places in Los Gatos as well; Designate 20 units per acre zoning to be on a limited number of acres to meet the Regional Housing Needs Allocation ( RHNA) provisions; Distribute the residential uses equitably across the specific plan area; Provide a set aside for senior housing in terms of numbers of units, a percentage, or number of acres; Determine how many acres Council should be looking at as designated for this 20 dwelling units per acre not just for senior but for affordable housing; Agree for now that the Plan should include a maximum of 364 housing units; Agree for now that the Plan should include a maximum of 400, 000 square feet of commercial space; Acknowledge that section is too general and the Plan needs some form of definition or limitation beyond the current language; Include some type of chart or table that can be used with the language in section ; Reduce the allowable total amount of small commercial spaces, 0 to 1, 500 square feet and 1, 501 to 3,000 square feet, to 2'/ z percent each; Do not add a Conditional Use Permit ( CUP) requirement for individual tenant sizes over 50,000 square feet; Agree with allowing fashion. office and hotel uses with limitations for office in some The Council provided the following direction to staff: Request the Town Attorney to return with information on fair housing requirements for senior housing regulations and how the units may be designated; Provide information on potential impacts on the RHNA of designating senior units; Provide suggested edits to section which include language regarding mix and size limitations for commercial spaces, and provide a proposed chart with the changes; Provide a chart or language indicative of Council direction regarding hotel and office uses as discussed by Council. 6 Town Council /Parking Authority February 3, 2015

13 Public Hearing Item # 6 continued MOTION: Motion by Mayor Marcia Jensen to continue the matter to March 3, Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 11: 06 p. m. Attest: s/ Shelley Neis, Clerk Administrator Town Council /Parking Authority February 3, 2015

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