Los Gatos City Council
June 20, 2022

How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.

Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject. Disruption of the meeting may result in a violation of Penal Code 403.

Deadlines for Public Comment and Presentations are as follows:
 Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
 Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting

TOWN OF LOS GATOS

SPECIAL MEETING OF THE TOWN COUNCIL AGENDA
JUNE 20, 2022

TELECONFERENCE
7:00 P.M.

Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member

PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.

Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.

Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]

TOWN OF LOS GATOS

SPECIAL MEETING OF THE TOWN COUNCIL AGENDA
JUNE 20, 2022
7:00 PM

IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not be physically open to the public and the Council will be teleconferencing from remote locations.

Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below).

PARTICIPATION
To provide oral comments in real-time during the meeting:
 Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/88004227157?pwd=ZG1pc3pscTZwZXdCWjc2SkM3b2Nzdz09. Passcode:
320795. You can also type in 880 0422 7157 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
 Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636-651- 0008 US Toll. Conference code: 969184
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. If you are participating by calling in, press #2 on your telephone keypad to raise your hand.

When called to speak, you will be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting.

If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.

If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.

REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR ROB RENNIE, VICE

MAYOR MARIA RISTOW, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL MEMBER MARICO SAYOC. All votes during the teleconferencing session will be conducted by roll call vote.

RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.

The Town does not tolerate disruptive conduct, which includes but is not limited to:
 addressing the town Council without first being recognized;  interrupting speakers, Town Council, or Town staff;
 continuing to speak after the allotted time has expired;  failing to relinquish the microphone when directed to do so;  repetitiously addressing the same subject.

Town Policy does not allow speakers to cede their commenting time to another speaker.

Disruption of the meeting may result in a violation of Penal Code 403.

MEETING CALL TO ORDER

ROLL CALL
VERBAL COMMUNICATIONS (Members of the public may address the Town Council on the any matter listed on the agenda by following the Participation Instructions contained on page 2 of this agenda. Unless additional time is authorized by the Mayor, remarks shall be limited to three minutes.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

1. Conduct a Public Hearing, Review the Planning Commission Recommendations, Determine Any Additional Modifications, Adopt the Draft 2040 General Plan, and Certify the Final Environmental Impact Report.

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).

Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website.

Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.

PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2022
ITEM NO: 1
DATE: June 15, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Conduct a Public Hearing, Review the Planning Commission Recommendations, Determine Any Additional Modifications, Adopt the Draft 2040 General Plan, and Certify the Final Environmental Impact Report.

RECOMMENDATION:

Conduct a public hearing, review the Planning Commission recommendations, determine any additional modifications, adopt the Draft 2040 General Plan (Attachment 6), and certify the Final Environmental Impact Report (Final EIR) (Attachment 5).

EXECUTIVE SUMMARY:

The Draft 2040 General Plan is a result of the Town Council’s direction to update the existing 2020 General Plan to address emerging trends and recent State laws, and consider new issues relevant to the Town.

Over the course of two and a half years and 35 meetings, the General Plan Advisory Committee (GPAC) worked with staff and consultants to create an updated General Plan. The GPAC reviewed each General Plan Element to ensure a forward-looking document that is consistent and accessible. The Draft 2040 General Plan is the result of extensive work and outreach as described in this report.

After the completion of the environmental review process, the Planning Commission conducted four meetings on April 13, April 25, April 27, and May 2, 2022, for consideration of the Draft 2040 General Plan. It unanimously recommended that the Town Council adopt the Draft 2040 General Plan with modifications and adopt the Final EIR.

PAGE 2 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
EXECUTIVE SUMMARY (continued):

The Town Council is the final decision-making body for both the Final EIR and the Draft 2040 General Plan. The Town Council has full discretion to modify the Draft 2040 General Plan, including and not limited to its goals, policies, implementation programs, and housing numbers.

After listening to public testimony, the Council may wish to work through the Planning Commission recommendations (Attachment 7) to provide structure for its deliberations. This would involve considering modifications to the Vision and Guiding Principles and working through individual Elements, leaving the Land Use and Community Design Elements last.

BACKGROUND:

On February 6, 2018, Town Council began the process of updating the 2020 General Plan with a discussion of the scope and process for the General Plan update. At that meeting, the Town Council indicated that the General Plan is serving the community well, and an update provides the opportunity to refine the General Plan, address emerging trends and recent State laws, and consider new issues.

Over the following four years, the General Plan update process has included multiple community engagement opportunities, meetings with the Planning Commission and Town Council, and the following key milestones:
 On April 17, 2018, the Town Council established the General Plan Update Advisory Committee (GPAC) and identified initial guiding principles to support their work.  On July 9, 2018, after approval by the Town Council, the Town Manager executed an agreement with Mintier Harnish Planning Consultants for preparation of the General Plan update and Draft EIR.
 On October 30, 2018, the GPAC held its first meeting.  On March 15, 2019, the Background Report (available online here:
http://losgatos2040.com/documents.html) was released.
 On June 20, 2019, the GPAC reviewed the Issues, Opportunities, and Constraints Report (available online here: http://losgatos2040.com/documents.html).  On August 20, 2019, the Town Council adopted the General Plan Vision and Guiding Principles (available online here: http://losgatos2040.com/documents.html).  In December 2019, the Land Use Alternatives Report (available online here:
http://losgatos2040.com/documents.html) was released.
 On March 3, 2020, the GPAC started review and discussion of the initial drafts of individual elements of the General Plan.
 On April 7, 2020, the Town Council approved the Preferred Land Use Alternatives Framework (available online here: http://losgatos2040.com/documents.html).

PAGE 3 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
BACKGROUND (continued):
 On November 17, 2020, the Town Council discussed and provided direction on the Draft Land Use and Community Design Elements.
 On May 6, 2021, the GPAC recommended approval of the Draft 2040 General Plan (available online here: http://losgatos2040.com/documents.html).  On June 18, 2021, the Draft 2040 General Plan was released for public review.  On July 31, 2021, the Draft EIR (available online here:
http://losgatos2040.com/documents.html) was released for public review. The public comment period ended on September 13, 2021.
 On September 20, 2021, the Town Council and Planning Commission held a Joint Study Session for discussion of the Draft 2040 General Plan.
 On November 19, 2021, the revised Notice of Completion and Availability was reissued along with a revised Chapter 4.15, Transportation, and Executive Summary of the Draft EIR (available online here: http://losgatos2040.com/documents.html) for a reopened public review period which ended on January 8, 2022.
 On December 7, 2021, the Town Council held a Study Session for discussion of housing growth options and related analyses for Planning Commission and Town Council consideration of the Draft 2040 General Plan.
 On March 24, 2022, the Final EIR was published online (available here:
http://losgatos2040.com/documents.html).
 On April 13, April 25, April 27, and May 2, 2022 Planning Commission considered and recommended approval of the Draft 2040 General Plan with modifications and certification of the Final EIR (staff report materials, meeting minutes, and a summary of recommendation available here: http://losgatos2040.com/participate/general.html).

Over the course of two and a half years and 35 meetings, the GPAC worked with staff and the consultants to create an updated General Plan. The GPAC reviewed each General Plan Element to ensure a forward-looking document that is consistent and accessible. Each Element was considered over multiple meetings (between two and five GPAC meetings per Element) with the GPAC providing comments to staff and the consultant, and then further review and direction on the implementation of those comments in a revised draft of each Element. The Draft 2040 General Plan (previously provided and referenced here as Attachment 1) is the result of this extensive work and outreach.

Additional outreach activities conducted throughout the process have included: the Town’s website and weekly newsletter; social media posts; online engagement activities; newsletters; two in-person community workshops; numerous in-person and online community meetings; handouts and posters at the Library; information on the Town’s webpage; information in the email signature of Planning Division staff; a Town-wide mailer; and informational booths at the farmers market, the Library, Spring into Green, and Music in the Park.

PAGE 4 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
BACKGROUND (continued):

On April 13, 2022, the Planning Commission received public comments on the Draft 2040 General Plan and Final EIR, and began the review of the Draft 2040 General Plan. The April 13, 2022 staff report (Attachment 8) included information on the GPAC recommendation, all written public comments received after the final meeting of the GPAC, as well as the following topics, as requested by Town Council:
 Housing units;
 Community engagement;
 Missing Middle Housing;
 Senate Bill 9;
 Plan timeframe;
 Declining California population;
 Suggestions from public comments; and
 Additional changes recommended by staff and the California Board of Forestry.

The review of the Draft 2040 General Plan and consideration of the Final EIR continued on April 25, April 27, and May 2, 2022, for a total of 14 and a half hours of deliberations. At the May 2, 2022 meeting, the Planning Commission unanimously recommended approval of the Draft 2040 General Plan with modifications, and recommended certification of the Final EIR.

DISCUSSION:

A. General Plan Update Advisory Committee
On May 6, 2021, the GPAC recommended approval of the Draft 2040 General Plan. The discussion at this meeting also included a recommendation for some modifications to the Vision and Guiding Principles to better reflect the direction developed over the previous years’ work. These changes are shown in Attachment 8, Exhibit 6 and summarized in Attachment 8, Exhibit 7. Planning Commission’s recommendation supported these modifications.

B. Planning Commission
The Planning Commission’s deliberations on the Draft 2040 General Plan and Final EIR occurred on April 13, April 25, April 27, and May 2, 2022, and were based on the materials provided in the staff reports (Attachments 8, 9, 10, 12, 13, 15, 17, and 18), particularly Exhibit 7 to the April 13, 2022 Planning Commission staff report. Verbatim minutes are included as Attachments 11, 14, 16, and 19.

PAGE 5 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
DISCUSSION (continued):

On Monday, May 2, 2022, the Planning Commission completed its 14 and a half hours of deliberations on the Draft 2040 General Plan and Final EIR with a unanimous recommendation to the Town Council to adopt the Draft 2040 General Plan with modifications and certify the Final EIR. The bulk of the Planning Commission’s discussion was spent working towards a consensus on housing numbers. An informational memorandum (Attachment 20) was prepared, provided to the Town Council, and posted online in May that summarized the Commission’s recommendations. Attachment 7 is a full description of the modifications recommended by Planning Commission, without the references to Planning Commission’s Exhibit 7 that were part of the original motions, and with suggested wording for the new definitions that Planning Commission recommended be included.

C. Potential Housing Buildout
As a result of the recommended modifications to the residential densities in the Land Use Element, the General Plan Residential Buildout table (Table 3-1 on page 3-4 of the Draft 2040 General Plan, available: www.losgatos2040.com) would be modified as follows:

Land Use Designation
Density
Range
(du/ac)
Typical
Density
(du/ac)
Assumed
Redevelopment
New Housing
(Vacant Land)
New Housing
(Redevelopment)
LDR Low Density
Residential
1 to 10 10 5% 230 56
MDR Medium Density
Residential
14 to 22 18 10% 201 302
HDR High Density
Residential
30 to 40 36 15% 110 268
NC Neighborhood
Commercial
10 to 20 18 10% 26 91
CC Community
Commercial
20 to 30 26 15% 0 156
MU Mixed-Use 30 to 40 36 20% 126 605
CBD Central Business
District
20 to 30 26 15% 21 113
Subtotal 714 1,591
Housing Units, New and Redeveloped 2,305
Housing Units, ADUs 500
Housing Units, Existing Projects 475
TOTAL NEW THROUGH 2040 3,280

PAGE 6 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
DISCUSSION (continued):

As noted in the April 13, 2022 Planning Commission staff report, the Town’s Regional Housing Needs Allocation (RHNA) is 1,993 dwelling units plus a recommended 15 percent buffer, resulting in 2,292 units for the eight-year Housing Element. If one were interested to understand the contribution of accessory dwelling units (ADUs) and existing projects towards the eight-year RHNA, then at a minimum, 300 ADUs and 400 units of Existing Projects should be removed prior to making a comparison. As a result, the potential residential buildout for the eight-year period based on the Planning Commission recommendation would be 2,580 units, which is 288 housing units above the RHNA plus buffer, instead of the 746 excess units noted in the April 13, 2022 staff report for the Draft 2040 General Plan recommended by the GPAC. This reduces the excess units by more than half.

Please note that the table does not include the potential for growth through new homes on properties in the Hillside Residential designation because the 116 units noted in previous documents is based on acreage of undeveloped lots, with no consideration of land slope or other constraints, and the Draft 2040 General Plan does not include any changes to the current regulations in this designation.

Please note the calculations have not taken into consideration that the Town’s zoning regulations do currently allow housing as part of a mixed-use project in the Office zone through a Conditional Use Permit, even though the Office Professional General Plan designation does not specify if housing is allowed or not. It is therefore not yet been determined whether residential could now be prohibited in these zones, due to constraints imposed by Senate Bill 330. If residential has to continue to be allowed in the Office zone, an additional 114 units would be added back based on an existing typical density of 18 dwelling units per acre.

The Town Council has full discretion to modify the Draft 2040 General Plan, including and not limited to its goals, policies, implementation programs, and housing numbers. If the Council wishes to reduce the housing capacity of the Draft 2040 General Plan further, please refer to Attachment 8 page 6 which details additional reduction options.

PUBLIC COMMENT:

Written comments received since the completion of the work by the GPAC are included as attachments to this report, as described here:
 Written comments received between 11:01 a.m., Thursday, May 6, 2021, and 11:00 a.m., Monday, September 20, 2021, were provided with the written staff report materials for the September 20, 2021 Town Council and Planning Commission Joint Study Session, and are provided again here as Attachment 8, Exhibit 9.

PAGE 7 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
PUBLIC COMMENT (continued):
 Written comments received on the Draft EIR are included, with responses to comments, in the Final EIR, and referenced here as Attachment 4.
 Written comments received between 11:01 a.m., Monday, September 20, 2021, and 11:00 a.m., Thursday, April 7, 2022, are included as Attachment 8, Exhibit 10.  Written comments received between 11:01 a.m., Thursday, April 7, 2022, and 11:00 a.m., Monday, April 11, 2022, are included as Attachment 9, Exhibit 11.  Written comments received between 11:01 a.m., Monday, April 11, 2022, and 11:00 a.m., Wednesday, April 13, 2022, are included as Attachment 10, Exhibit 13.  Written comments received between 11:01 a.m., Wednesday, April 13, 2022, and 11:00 a.m., Friday, April 22, 2022, are included as Attachment 12, Exhibit 15.  Written comments received between 11:01 a.m., Friday, April 22, 2022, and 11:00 a.m., Monday, April 25, 2022, are included as Attachment 13, Exhibit 16.  Written comments received between 11:01 a.m., Monday, April 25, 2022, and 11:00 a.m., Monday, May 2, 2022, are included as Attachment 18, Exhibit 18.  Written comments received between 11:01 a.m., Monday, May 2, 2022, and 11:00 a.m., Wednesday, June 15, 2022, are provided as Attachment 23.

As requested by Town Council, a summary of the questions asked at the September 20, 2021, and December 7, 2021, Study Sessions is included as Attachment 21 with responses.

A collection of all of the Breaking It Down Series published between July 30, 2021, and March 11, 2022, to respond to questions and increase awareness of the content of the Draft 2040 General Plan is included as Attachment 22.

ENVIRONMENTAL ASSESSMENT:

A Notice of Completion and Availability of the Draft EIR (previously provided and referenced here as Exhibit 2) for the project was circulated for 45 days commencing on July 30, 2021, and concluding on September 13, 2021 at 5:00 p.m. Written comments were received by the Community Development Department. A Planning Commission public hearing to receive oral comments was held during the review period on September 8, 2021.

During the review of comments and the preparation of the Final EIR, the Town became aware of a procedural error in the original Notice of Completion and Availability and also noted that Appendix C erroneously included a draft rather than a final Transportation Analysis.

Additionally, Chapter 4.15, Transportation, of the EIR was revised to elaborate on transit impacts and cumulative VMT impacts. Even though the content changes were minor, the Town believed to provide maximum clarity, it was important to recirculate the Transportation Analysis of the Draft EIR and its Appendix, as well as the Executive Summary which includes a

PAGE 8 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
ENVIRONMENTAL ASSESSMENT (continued):
summary of transportation impacts (previously provided and referenced here as Exhibit 3).

Accordingly, the Town of Los Gatos reissued the Notice of Completion and Availability of the Draft EIR, and formally recirculated Chapter 4.15, Transportation and Appendix C, Transportation Analysis for the Draft EIR, as well as the Executive Summary.

The reopened public review period ran from Friday, November 19, 2021, to at 5:00 p.m. on Friday, January 7, 2022. A public hearing to receive comments on the revised Draft EIR was held on December 8, 2021. During this additional 45-day public review period, written comments were received and are included, along with response to all comments from the initial comment period, in the Final EIR (previously provided and referenced here as Exhibit 3).

The analysis of the Draft EIR identified significant and potentially significant impacts in the following environmental issue areas:
• Air Quality;
• Cultural Resources;
• Geology and Soils;
• Greenhouse Gas Emissions;
• Noise; and
• Transportation.

Mitigation measures are proposed in all of these subject areas. Not all of the potential impacts could be mitigated to a less than significant level and therefore, the following topic areas were found to have significant unavoidable impacts: Greenhouse Gas Emissions; and Transportation.

The Town is the Lead Agency under the California Environmental Quality Act (CEQA) for the environmental review process for the projects, including the Draft 2040 General Plan, that are proposed within its jurisdiction. When a Lead Agency finds that there are impacts that are significant and unavoidable, CEQA requires preparation of Findings of Fact and a Statement of Overriding Considerations (Attachment 5, Exhibit A). The Town Council is the deciding body on both the Final EIR and the Draft 2040 General Plan.

CONCLUSION:

The Draft 2040 General Plan is a result of the Town Council’s direction to update the existing 2020 General Plan to address emerging trends and recent State laws, and consider new issues relevant to the Town. Over the course of two and a half years and 35 meetings, the GPAC worked with staff and the consultant to create an updated General Plan. The GPAC reviewed each General Plan Element to ensure a forward-looking document that is consistent and

PAGE 9 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
CONCLUSION (continued):
accessible. The Draft 2040 General Plan is the result of extensive work and outreach as described in this report.

All additional comments received on the Draft 2040 General Plan are included as Attachments as described in this report. The Final EIR, which includes all comments received on the Draft EIR as well as the responses to the comments and any changes to the EIR is contained in Attachment 4.

After the completion of the environmental review process, the Planning Commission conducted four meetings on April 13, April 25, April 27, and May 2, 2022, for consideration of the Draft 2040 General Plan. It unanimously recommended that the Town Council adopt the Draft 2040 General Plan with modifications and adopt the FEIR.

In conclusion, based on the GPAC and Planning Commission's recommendations, staff recommends that the Town Council:
 Receive public comments;
 Review the Draft 2040 General Plan (Attachment 1) and recommended modifications from the Planning Commission (Attachment 7);
 Consider additional modifications or changes to the Planning Commission’s recommendations;
 Consider the Final EIR (Attachments 2 through 4) and Findings of Fact and a Statement of Overriding Considerations (Attachment 5, Exhibit A); and  Adopt a resolution (Attachment 5) to certify the Final EIR; and  Adopt a resolution (Attachment 6) to adopt the Draft 2040 General Plan.

ALTERNATIVES:

Alternatively, the Town Council may:

1. Certify the Final EIR and adopt the Draft 2040 General Plan with additional or different modifications; or

2. Continue consideration of the Draft 2040 General Plan to a date certain with specific direction.

COORDINATION:

The preparation of the Draft 2040 General Plan involved all Town Departments and most Town Commissions. The Community Development Department coordinated with the Town

PAGE 10 OF 10
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: June 15, 2022
COORDINATION (continued):

Attorney’s Office, Parks and Public Works Department, and the Santa Clara County Fire Department in the review of the final recommendation from Planning Commission.

FISCAL IMPACT:

Funding for the General Plan update comes from the General Plan update fund.

ATTACHMENTS:

Attachments previously received under separate cover:
(available online here: http://losgatos2040.com/documents.html)

1. Draft 2040 General Plan

2. Draft EIR

3. Revised NOA and Transportation Section

4. Final EIR
Attachments with this Staff Report:

5. Draft Resolution Certifying the EIR for the 2040 General Plan, with Exhibit A Draft Findings of Fact and Statement of Overriding Considerations

6. Draft Resolution Approving the 2040 General Plan

7. Planning Commission Recommendation

8. April 13, 2022 Planning Commission Staff Report, with Exhibits 5-10

9. April 13, 2022 Planning Commission Addendum Report, with Exhibit 11

10. April 13, 2022 Planning Commission Desk Item Report, with Exhibits 12-13

11. April 13, 2022 Planning Commission Verbatim Minutes

12. April 25, 2022 Planning Commission Staff Report, with Exhibits 14-15

13. April 25, 2022 Planning Commission Desk Item Report, with Exhibits 16

14. April 25, 2022 Planning Commission Verbatim Minutes

15. April 27, 2022 Planning Commission Desk Item Report, with Exhibits 17

16. April 27, 2022 Planning Commission Verbatim Minutes

17. May 2, 2022 Planning Commission Staff Report

18. May 2, 2022 Planning Commission Desk Item Report, with Exhibits 18

19. May 2, 2022 Planning Commission Verbatim Minutes

20. Planning Commission Recommendation Informational Memo

21. Study Session Questions and Responses

22. Breaking it Down Series

23. Public Comment received between 11:01 a.m., Monday, May 2, 2022, and 11:00 a.m., Wednesday, June 15, 2022

RESOLUTION NO.

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE 2040 GENERAL PLAN
WHEREAS, the Town of Los Gatos has prepared the 2040 General Plan to update and enhance the 2020 General Plan, along with the Final Environmental Impact Report (EIR); and WHEREAS, the Town circulated a Notice of Preparation of an EIR for the 2040 General Plan update for 30 days commencing on July 9, 2020, and concluding on August 10, 2020; WHEREAS, the comments received in response to the Notice of Preparation were included in the Draft EIR;
WHEREAS, the Town circulated a Notice of Completion and Availability of the Draft EIR for the project for 45 days commencing on July 30, 2021, and concluding on September 13, 2021; WHEREAS, a Planning Commission public hearing to receive oral comments was held during the review period on September 8, 2021;
WHEREAS, the Town became aware of a procedural error in the original Notice of Completion and Availability during the review of commentary and the preparation of the Final EIR;
WHEREAS, the Town believed to provide maximum clarity, it was important to recirculate the Transportation Analysis of the Draft EIR and its Appendix, as well as the Executive Summary which includes a summary of transportation impacts, because Appendix C erroneously included a draft rather than a final Transportation Analysis, and Chapter 4.15, Transportation, of the EIR was revised to elaborate on transit impacts and cumulative VMT impacts; WHEREAS, the Town reissued the Notice of Completion and Availability of the Draft EIR, and formally recirculated Chapter 4.15, Transportation and Appendix C, Transportation Analysis for the Draft EIR, as well as the Executive Summary, and reopening the public review period for 45 days commencing on Friday, November 19, 2021, and concluding on Friday, January 7, 2022; ATTACHMENT 5
Draft Resolution to be
modified by Town
Council deliberations
and direction.

WHEREAS, a Planning Commission public hearing to receive oral comments was held during the review period on December 8, 2021;
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 clarify or correct information contained in the Draft EIR, providing goodfaith reasoned analysis supported by factual information, and the comments and responses thereto were prepared and published in a Final EIR; and WHEREAS, under the provisions of the Government Code and CEQA, the Planning Commission conducted duly noticed public hearings regarding certification of the Final EIR and adoption of the 2040 General Plan on April 13, April 25, April 27, and May 2, 2022, and recommended that the Los Gatos Town Council certify the Final EIR and adopt the 2040 General Plan with modifications; and
WHEREAS, the Planning Commission recommended adoption of the 2040 General Plan, and the Los Gatos Town Council considered all recommendations made by the Planning Commission; and
WHEREAS, the Los Gatos Town Council conducted duly noticed public hearings and received public testimony about the 2040 General Plan and the EIR on June 20 and ____________, 2022; and
WHEREAS, on ____________, 2022, the Los Gatos Town Council found that the Final EIR for the 2040 General Plan as recommended for certification by the Planning Commission, was prepared in compliance with the California Environmental Quality Act and guidelines and is complete;
NOW THEREFORE, BE IT RESOLVED, the Los Gatos Town Council certifies the Final EIR subject to the Findings of Fact and Statement of Overriding Considerations in Exhibit A, attached hereto.

PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos, California, held on the __th day of June, 2022 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS
GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
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EXHIBIT A
2040 General Plan
Draft Findings of Fact and Statement of Overriding
Considerations
prepared by
Town of Los Gatos
Planning Division, Department of Community Development
110 East Main Street
Los Gatos, California 95030
Contact: Jennifer Armer, Planning Manager
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
June 2022

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
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Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
1 Introduction
A Draft Environmental Impact Report (Draft EIR) was prepared for the 2040 General Plan (project), was made available for public review on July 30, 2021, and was distributed to local and State agencies. Copies of the Notice of Availability of the Draft EIR were mailed to a list of interested parties, groups, and public agencies. The Draft EIR and an announcement of its availability were posted electronically on the Town’s website, and a paper copy was available for public review at the Los Gatos Public Library. The Notice of Availability of the Draft EIR was also posted at the office of the Santa Clara County Clerk.

After the close of the first comment period on the Draft EIR, the Town became aware of a procedural error in the original Notice of Completion and Availability and noted that Appendix C erroneously included a draft rather than a final Transportation Analysis. The Town reopened the public comment period on the Draft EIR for an additional 45-day period and provided an updated Notice of Availability with the statutory language required under California Environmental Quality Act (CEQA) Guidelines section 15087. As part of this reopened comment period, Chapter 4.15, Transportation, of the Draft EIR was revised to elaborate on transit impacts and cumulative Vehicle Miles Traveled (VMT) impacts. The Town recirculated the revised Transportation section and its Appendix, as well as the Executive Summary which includes a summary of transportation impacts. No other sections of the Draft EIR were revised. This second comment period extended from November 15, 2021, to January 7, 2022.

After close of the Recirculated Draft EIR public review and comment period, a Final EIR consisting of responses to comments and changes to the Draft EIR was completed, which was released to the public on March24, 2022. The Planning Commission held public hearings on April 13, April 25, April 27, and May 2, 2022, and prepared a recommendation to the Town Council regarding certification of the Final EIR and action on the project, and the Town Council held a public hearing on _________ and determined to certify the Final EIR and to approve the project.

The Findings of Fact (Findings) and Statement of Overriding Considerations (SOC) presented herein address the environmental effects associated with the project that are described and analyzed within the Final EIR, reflecting the Council’s determinations about feasible mitigation measures, the adequacy of the Final EIR, and about the project. These Findings have been made pursuant to CEQA (California Public Resources Code Section 21000 et seq.), specifically Public Resources code Section 21081 and 21081.6, as well as the CEQA Guidelines (14 CCR 15000 et seq.) Sections 15091 and 15093.

Public Resources Code Section 21081 and CEQA Guidelines Section 15091 require that the Town of Los Gatos (Town) as the Lead Agency for this project, prepare written findings for any identified significant environmental effects along with a brief explanation of the rationale for each finding. Specific findings under CEQA Guidelines Section 15091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Further, in accordance with Public Resources Code Section 21081 and CEQA Guidelines Section 15093, whenever significant effects cannot be mitigated to below a level of significance, the Town as the decisionmaking agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable,” in which case the Lead Agency must adopt a formal SOC.

The Final EIR identified potentially significant environmental effects that could result from the project, but could be reduced to a less-than-significant level through implementation of mitigation measures. Those effects were related to air quality (impacts related to construction air pollutants and odors), cultural and tribal cultural resources (potential for impacts on previously unidentified historical and archaeological resources), geology and soils (potential for a paleontological impacts), and noise (impacts related to project construction noise and vibration). A significant and unavoidable (unmitigable) cumulative impact associated with greenhouse gas emissions and transportation (impacts related to transit and VMT) were identified due to lack of feasible mitigation measures, and thus a SOC is required. 2 Project Description
The 2040 General Plan is a comprehensive update of the Town’s 2020 General Plan and establishes the community’s vision for future development of the Town over the next 20 years. As part of the General Plan update process, the 2040 General Plan has been reorganized and reformatted, with updated goals and policies that reflect the community’s vision of Los Gatos. The Town’s General Plan Land Use Map has also been updated to reflect the community’s vision and three themes that thread through the 2040 General Plan: growth management; sustainability and resiliency; and community health and well-being.

State law (Government Code Sections 65300 through 65303.4) sets forth the requirement for each municipality to adopt and periodically update its General Plan and sets the requirement that a General Plan include the following eight mandatory subject areas, or “elements”: Land Use; Circulation; Housing; Open Space; Conservation; Noise; Safety; and Environmental Justice. State law also allows for optional elements that can be organized or combined at the Town’s discretion. As described below, the 2040 General Plan has been organized into the following eight updated elements: Community Design; Environment and Sustainability; Hazards and Safety; Land Use; Mobility; Open Space, Parks, and Recreation; Public Facilities, Services, and Infrastructure; and Racial, Social, and Environmental Justice.

Together, these elements, along with the 2015-2023 Housing Element, cover all topics required to be included in a General Plan under State law, as described above. Each element describes the existing conditions and context for its related topic areas, followed by goals, policies, and implementation programs to guide the Town’s management and development through 2040.

The 2040 General Plan would emphasize infill and reuse development within the Town limits with a focus on increasing opportunities for housing development in key areas of the Town through increased density and mixed-use projects where appropriate. New development would occur primarily where existing roads, water, and sewer are in place and in a manner that would minimize the impact of development on existing infrastructure and services.

The 2040 General Plan also provides the policy framework to guide future development toward land uses that support walking and biking. The 2040 General Plan places a greater emphasis on reestablishing more complete neighborhood areas that meet the daily needs of residents to be located within a one-mile distance. Focus areas for growth in Los Gatos, called Community Place Districts, include Pollard Road,

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Winchester Boulevard, Lark Avenue, Los Gatos Boulevard, Union Avenue, Harwood Road, North Santa Cruz Avenue, and Downtown.
3 Project Objectives
The 2040 General Plan presents a vision for the future of Los Gatos and a set of guiding principles for how the Town will achieve that vision. This vision and guiding principles capture the Town’s key values and aspirations for the future. They reflect the collective ideas from community members and Town leaders that provided input to help shape the 2040 General Plan.

Among the central objectives of the 2040 General Plan are to achieve the Regional Housing Needs Allocation (RHNA) goal of approximately 2,000 additional dwelling units developed by the Association of Bay Area Governments. Accordingly, Los Gatos used the RHNA numbers as a predictor of the housing needed to meet future demands. This focused the Town to reevaluate and plan for a more diverse housing mix for a changing population. Proactively planning for the anticipated land use changes and ensuring growth is sustainable over the next 20 years is a priority of this General Plan and the community.

The 2040 General Plan vision for the future is as follows:

The Town of Los Gatos is a welcoming, family‐oriented, and safe community nestled in the beautiful foothills of the Santa Cruz Mountains. The Town is a sustainable community that takes pride in its small‐town character and provides a range of housing opportunities, historic neighborhoods, local culture and arts, excellent schools, and a lively and accessible downtown. Los Gatos offers a choice of mobility options, superior public facilities and services, and an open and responsive local government that is fiscally sound. Los Gatos has a dynamic and thriving economy that includes a mix of businesses throughout Town that serves all residents, workers, and visitors.

The 2040 General Plan guiding principles are contained in the 2040 General Plan Introduction and listed below:
 Community Vitality. Invigorate downtown Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors. Foster the economic vitality of all Los Gatos business locations. Preserve and enhance the Town's historic resources and character while guiding the community into the future.
 Diverse Neighborhoods. Foster appropriate investments to maintain and enhance diverse neighborhoods, housing opportunities, and infrastructure to meet the needs of all current and future residents.
 Fiscal Stability / Responsibility. Provide high quality municipal services to the Los Gatos community while sustaining the Town's long-term fiscal health.
 Government Transparency. Conduct governmental processes in an open manner and encourage public involvement in Town governance.
 Inclusivity. Recognize the importance of and promote ethnic, cultural, and socio‐economic diversity and equity to enhance the quality of life in Los Gatos.  Mobility. Provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
 Promote Public Safety. Maintain and enhance Los Gatos as a safe community through preparation and planning, education, and community design that is responsive to the full range of potential natural and man‐made hazards and safety issues.
 Protect Natural Resources. Protect the natural resources and scenic assets that define Los Gatos, including open space preserves, recreational trails, surrounding hillsides, and natural waterways.  Sustainability. Manage, conserve, and preserve Los Gatos' natural environment for present and future generations. Identify and provide opportunities to enhance the Town' s sustainability policies and practices.

These objectives have been considered in preparing the findings and statement of overriding considerations contained herein.
4 Findings of Fact
Having received, reviewed, and considered the information in the Final EIR for this project, as well as the supporting administrative record, the Town of Los Gatos makes findings pursuant to, and in accordance with, Sections 21081, 21081.5, and 21081.6 of the Public Resources Code.

4.1 Environmental Effects Found Not to be Significant
Through project scoping and the environmental analysis contained within the Final EIR, it was determined that the project would not result in potentially significant effects on the environment with respect to aesthetics, agricultural and forestry resources, energy, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, utilities and service systems, and wildfire. No further findings are required for these subject areas.

4.2 Findings for Significant but Mitigated Effects
The following findings are hereby made by the Town of Los Gatos Town Council for the significant environmental effects identified in the EIR related to air quality (impacts related to construction air pollutants and odors), cultural resources (potential for impacts on previously unidentified historical and archaeological resources), geology and soils (potential for a paleontological impacts), and noise (impacts related to project construction noise and vibration).

Air Quality
Impact AQ-2: Development facilitated by the 2040 General Plan would result in the temporary generation of air pollutants during construction, which may contribute to existing air quality violations in the Basin. Impacts would be less than significant with mitigation.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a mitigation monitoring and reporting program (MMRP) that is to be adopted concurrently with these findings.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
AQ-1 Construction Emissions Reductions. New discretionary projects in the General Plan Area that exceed the construction screening criteria of the Bay Area Air Quality Management District (BAAQMD) shall be conditioned to reduce construction emissions of reactive organic gases, nitrogen oxides, and particulate matter (PM10 and PM2.5) by implementing the BAAQMD’s Basic Construction Mitigation Measures (described below) or equivalent, expanded, or modified measures based on project and site-specific conditions.

Basic Construction Mitigation Measures:

All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, with priority given to the use of recycled water for this activity when feasible.

All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.

All vehicle speeds on unpaved roads shall be limited to 15 mph.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.

A publicly visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Impacts would be less than significant with implementation of Mitigation Measure AQ-1 to require the BAAQMD Basic Construction Measures for all projects.

Impact AQ-4: The light industrial development allowed in the 2040 General Plan may create objectionable odors that could affect a substantial number of people. Impacts related to odors would be less than significant with mitigation.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
AQ-2 AQ-2 Odor Reduction. Land Use Element Policy LU-11.5 Industrial Compatibility shall be updated in the 2040 General Plan to read:

Require that industrial projects be designed to limit the impact of truck traffic, air, odor, and noise pollution on adjacent sensitive land uses.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Impacts would be less than significant with implementation of Mitigation Measure AQ-2 to update General Plan Policy LU-11.5 to include limitation of odors.

Cultural and Tribal Cultural Resources
Impact CUL-1: Development facilitated by the 2040 General Plan would have the potential to impact historical resources and unique archaeological resources. Impacts would be potentially significant but mitigable.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

CR-1 Cultural Resources Study Implementation. If a project requires activities that have the potential to impact cultural resources, the Town shall require the project applicant or proponent to retain a qualified archaeologist meeting the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in archaeology and/or an architectural historian meeting the SOI PQS standards in architectural history to complete a Phase 1 cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural resources inventory shall include a pedestrian survey of the project site and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research shall include a records search conducted at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC). The technical report documenting the Phase 1 cultural resources inventory shall include recommendations to avoid or reduce impacts to cultural resources. These recommendations shall be implemented and incorporated in the project.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). The implementation of Mitigation Measure CR-1 would reduce impacts to historical and unique archeological resources to a less than significant level by requiring cultural resource studies for projects within the Town and SOI and implementation of further requirements to avoid or reduce impacts to such resources on a project-by-project basis.

Geology and Soils
Impact GEO-5: Development facilitated by the 2040 General Plan has the potential to result in impacts to paleontological resources. Impacts would be less than significant with mitigation incorporated.

Mitigation Measure:

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

GEO-1 Paleontological Resource Studies. The Town shall require paleontological resource studies for projects that involve ground disturbance in project areas mapped as high paleontological sensitivity at the surface or subsurface determined through environmental review. Additionally, in the event that a paleontological resource is disclosed, construction activities in the area shall be suspended, a qualified paleontologist shall be retained to examine the site, and protective measures shall be implemented to protect the paleontological resource.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Compliance with Mitigation Measure GEO-1 and the 2040 General Plan goals and policies would ensure that construction impacts related to paleontological resources and unique geologic features would be less than significant.

Noise
Impact N-1: Construction of individual projects facilitated by the 2040 General Plan would temporarily generate increased noise levels, potentially affecting nearby noisesensitive land uses. Provisions in the Los Gatos Town Code and 2040 General Plan policies would limit noise disturbance to the extent feasible. Construction noise may still exceed noise standards temporarily, but exceedances would not be substantial and impacts would be less than significant with mitigation.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

N-1 Construction Noise Reduction. For projects involving construction equipment that are located within 25 feet of noise-sensitive receptors the following mitigation would be required:
 Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noisesensitive receptors.  Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.
 Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.
 Additional Noise Attenuation Techniques. During the clearing, earth moving, grading, and foundation/conditioning phases of construction, temporary sound barriers shall be installed and maintained between the construction site and the sensitive receptors. Temporary sound barriers shall consist of sound blankets affixed

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
to construction fencing or temporary solid walls along all sides of the construction site boundary facing potentially sensitive receptors.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). N-1 would reduce construction noise. Combined with Los Gatos Town Code requirements, which requires most construction noise to be below 85 dBA and occur during daytime, when most people are awake or away from residences at work, impacts would be reduced to less than significant.

Impact N-3: Construction of individual projects facilitated by the 2040 General Plan could temporarily generate groundborne vibration, potentially affecting nearby land uses.

Compliance with the Los Gatos Town Code would limit vibration disturbance on residential receptors and hotels where sleeping receptors could be present. Impacts would be potentially significant but mitigable.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

N-2 Construction Vibration Reduction. The Town shall include the following measures as standard conditions of approval for applicable projects involving construction to minimize exposure to construction vibration:

1. Avoid the use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration.

2. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006).

3. Notify neighbors of scheduled construction activities that would generate vibration.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Implementation of Mitigation Measure N-2 would reduce potential impacts to a less than significant level.

4.3 Findings for Significant and Unavoidable Effects
Public Resources Code 21081and 21081.5, and CEQA Guidelines Section 15093, require that the Town of Los Gatos balance the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining to approve a project. And if specific economic, legal, social, technological, or other benefits outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” A project’s environmental impacts are “cumulatively considerable” if the “incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects” (CEQA Guidelines Section 15065[a][3]). Significant and unavoidable impacts associated with greenhouse gas emissions and

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
transportation (impacts related to transit and VMT) were identified for the project. The following findings and statement of overriding considerations outline the specific reasons to support the Town of Los Gatos recommendation for approval of the project.

Greenhouse Gas Emissions
Significant and Unavoidable Cumulative Impact GHG-1: Implementation of 2040 General Plan would generate annual GHG emissions of approximately 323,446 MT of CO2e per year, or

5.29 MT of CO2e per service person per year, in 2040. This would exceed the 2040 efficiency threshold of 1.02 MT of CO2e per service person per year. Even with implementation of mitigation, GHG emissions would not be reduced to below the efficiency threshold. Therefore, impacts would be significant and unavoidable.

Mitigation Measure:

GHG-1 Implement Community GHG Emissions Reduction Measures. Los Gatos shall implement the following GHG emissions reduction measures by sector:

ENERGY (EN)
 Measure EN1: Adopt an ordinance requiring new commercial construction to be all-electric or otherwise operationally carbon neutral by 2025: Adopt a new building ordinance which bans the installation of natural gas in new commercial construction by 2025 and requires new commercial buildings to install all-electric equipment or otherwise be operationally carbon neutral. Support this action by conducting outreach and education to local developers about the benefits and resources associated with building carbon neutral buildings.  Measure EN2: Identify and partner with stakeholders to conduct electrification outreach, promotion, and education: Leverage partnerships with stakeholders to conduct outreach, promotion, and education around new and existing building electrification.  Measure EN3: Develop a Community-wide Existing Residential Building Electrification Plan (EBEP): Support community-wide existing building electrification through the development of an EBEP that addresses the feasibility, timeline, equity concerns, local stakeholder involvement, costs, funding pathways, and implementation for electrifying existing residential buildings in Los Gatos.
 Measure EN4: Electrify existing residential buildings beginning in 2023: Adopt an electrification ordinance for existing residential buildings to transition natural gas to electric in two phases, to be implemented through the building permit process:
o Phase I: Limit expansion of natural gas lines in existing buildings by 2023. o Phase II: Require HVAC system replacements and hot water heaters replacements to be all-electric by 2023.
 Measure EN5: Identify and partner with stakeholders to develop resident-level funding pathways for implementing an electrification ordinance: Leverage partnerships with stakeholders and establish funding pathways to ease community members’ costs when complying with the electrification ordinance, including:
o Pass a transfer tax ordinance and provide a rebate for electric panels and/or other upgrades; and
o Partner with PG&E, SVCE, and/or other stakeholders to create or expand electrification/retrofit programs and incentives, especially for low-income residents.

These could include the PACE program, PG&E’s low-income weatherization program, tariffed on-bill financing, metered energy efficiency, or others.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
 Measure EN6: Decarbonize municipal buildings by 2040: Adopt a municipal building energy decarbonization plan to decarbonize municipal building energy operations by 2040. This plan would include a new building electrification policy as well as an existing building natural gas phase-out policy.
 Measure EN7: Coordinate with stakeholders to provide local energy generation support and incentives for the community: Partner with PG&E, SVCE, and/or other stakeholders to support and incentivize local on-site energy generation and storage resources within the community.  Measure EN8: Develop an EV Readiness Plan to Support Installation of 794 Chargers by 2030:

Develop an EV Readiness Plan that supports the installation of 794 chargers (at least 160 of which would be public chargers) and a 30 percent EV share of registered passenger vehicles in Los Gatos by 2030. This plan should establish a path forward to increase EV infrastructure within the Town, promote equitable mode shift to EVs, and identify funding for implementation of public charging infrastructure in key locations. In conjunction with an EV Readiness Plan, conduct a community EV Feasibility Study to assess infrastructure needs and challenges, particularly in frontline communities.
 Measure EN9: Increase privately owned EV charging infrastructure: Amend the Town’s Building Code and Local Reach Code to require the following:
o EV capable attached private garages for new single-family and duplex residential development;
o 20 percent EV capable charging spaces and panel capacity for new multi-family residential development;
o 20 percent EV capable charging spaces for new commercial development; and o At least 1 percent working chargers for all new development and major retrofits.  Measure EN10: Increase Town-owned and publicly accessible EV charging infrastructure: Work with public and private partners to ensure there are sufficient publicly accessible DCFC and Level 2 EV chargers around the Town by 2030, with a focus on providing access to low-income households and affordable housing. Install new publicly accessible EV chargers at Town-owned facilities.

Develop and implement a fee for use of Town-owned chargers to encourage efficient use and turnover, especially for those without home charging capability.  Measure EN11: Identify and partner with stakeholders to develop EV-related rebates:

Investigate partnerships with public and private partners for rebates on at-home electric circuits, panel upgrades, and Level 2 chargers, with a focus on supporting EV purchases for low-income households in frontline communities.
 Measure EN12: Encourage EV adoption and infrastructure improvements: Conduct outreach, promotion, and education to encourage EV adoption and infrastructure improvements. This would include the following:
o Providing education and outreach to the community on the benefits of ZEVs, availability of public charging, and relevant rebates and incentives available for businesses and residents; and
o Working with major employers to provide EV charging for employees and encourage EV adoption among employees.

TRANSPORTATION (TR)
 Measure TR1: Implement Full Recommended Buildout of the Bicycle and Pedestrian Master Plan (BPMP): Fully implement the BPMP and add 23.2 new miles of bike network by 2035 to achieve 6 percent bicycle mode share by 2035.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
 Measure TR2: Identify and partner with stakeholders to conduct outreach, promotion, and education: Leverage partnerships with stakeholders to conduct ongoing outreach, promotion, and education around active transportation in Los Gatos. This could include:
o Establishing Town-wide events or programs that promote active transportation in the community;
o Regularly updating the Town’s Bicycle and Pedestrian Network Map and sharing through Town and stakeholder partnership platforms;
o Supporting local bike groups in hosting workshops and classes on bike riding, safety, and maintenance by certified instructors;
o Instituting car-free days downtown, potentially coupled with other large and regular events; or
o Consolidating a list of local employer-provided bicycle parking, lockers, showers, and incentives as a demonstration tool for other interested employers.  Measure TR3: Facilitate a bike share program: Conduct a bike share pilot program and facilitate full implementation of a bike share program within the Town.  Measure TR4: Establish parking meter rates and invest in transportation improvements:

Establish parking meter rates, considering dynamic parking pricing in the downtown area.

Allocate a designated portion of paid parking revenue to investing in TDM strategies that will ensure cost-effective downtown access by improving transit, bicycle facilities, and create incentives for people to avoid driving.
 Measure TR5: Improve curbside management: Improve curbside management, including updating the municipal code to require active loading only, prohibit double parking, define locations for additional loading zones, and design loading zone signage.  Measure TR6: Require transportation system management for new construction: Draft and implement a Transportation System Management Plan (TSMP) ordinance for new construction to allow the Town to shift travel behavior away from single-occupancy vehicles. Ensure telecommuting is an optional trip reduction strategy.
 Measure TR7: Eliminate parking minimums for developments: Remove parking minimums and establish parking maximums.

WASTE (WS)
 Measure WS1: Require residential and commercial organic waste collection consistent with SB 1383 requirements: Work with local waste haulers and other community partners to expand organic waste collection capacity. Pass an ordinance by 2022 requiring residential and commercial organics generators to subscribe to organics collection programs or alternatively report organics self-hauling and/or backhauling. Allow limited waivers and exemptions to generators for de minimis volumes and physical space constraints and maintain records for waivers/exemptions.  Measure WS2: Require edible food recovery consistent with SB 1383 requirements: Adopt an edible food recovery ordinance or similarly enforceable mechanism to ensure edible food generators, food recovery services, and food recovery organizations comply with requirements to increase recovery rates.

Finding:

Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Facts in Support of Finding:

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
The goals, policies, and implementation measures in the 2040 General Plan are designed to reduce GHG in Los Gatos through infill development, higher-density and mixed-use development, and trip reduction measures. However, even with implementation of these GHG reduction measures, implementation of the 2040 General Plan would exceed the 2040 efficiency threshold of 1.02 MT of CO2e per service person per year. There are no other feasible mitigation measures available and impacts would be significant and unavoidable.

Significant and Unavoidable Cumulative Impact GHG-2: The proposed 2040 General Plan emissions during construction and operation would exceed the State and Town-derived GHG emission targets. Therefore, the proposed 2040 General Plan would conflict with the goals of the CARB 2017 Scoping Plan, SB 32, and EO B-55-18. Therefore, impacts would be significant and unavoidable with mitigation.

Mitigation Measure:

See Mitigation Measure MM GHG-1 under Impact GHG-1.

Finding:

Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Facts in Support of Finding:

The goals, policies, and implementation measures in the 2040 General Plan are designed to reduce GHG in Los Gatos through infill development, higher-density and mixed-use development, and trip reduction measures. However, the proposed 2040 General Plan would conflict with the goals of the CARB 2017 Scoping Plan, SB 32, and EO B-55-18. There are no other feasible mitigation measures available. Impacts would be significant and unavoidable.

As mitigation would result in GHG emissions that exceed the 2030 and 2040 Los Gatos efficiency thresholds and, thus, State targets, the proposed 2040 General Plan would impede “substantial progress” toward meeting the CARB 2017 Scoping Plan, SB 32, and EO B-55-18 targets. Therefore, with implementation of the identified mitigation, impacts related to the proposed 2040 General Plan consistency with applicable GHG reduction plans would be significant and unavoidable with mitigation incorporated.

Transportation
Significant and Unavoidable Cumulative Impact T-1: Development and growth envisioned in the 2040 General Plan would increase use and demand of existing transit facilities in Los Gatos. The 2040 General Plan includes goals and policies that would encourage transit use and bicycling and walking while also encouraging development or expansion of existing facilities to accommodate increased use. However, transit ridership and operations would be affected from congestion and sharing lanes with other vehicles. Therefore, impacts of the 2040 General Plan would be significant and unavoidable.

Mitigation Measures:

There are no feasible mitigation measures to reduce potentially significant effects related to transit operations and ridership.

Finding:

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Facts in Support of Finding:

The goals, policies, and implementation measures in the 2040 General Plan are designed to reduce VMT in Los Gatos through infill development, higher-density and mixed-use development, and trip reduction measures. However, transit ridership and operations would be affected from congestion and sharing lanes with other vehicles. There are no other feasible mitigation measures available. Impacts would be significant and unavoidable.

Significant and Unavoidable Cumulative Impact T-4: Development and population growth facilitated by the 2040 General Plan would increase VMT in Los Gatos. VMT per service population and population growth in 2040 would exceed applicable thresholds specific to the Town. Therefore, the 2040 General Plan would result in VMT-related impacts. Impacts would be significant and unavoidable.

Mitigation Measure:

T-1 VMT Reduction Strategies. For projects that would generate VMT, one or more VMT reduction strategies included in the SB 743 Implementation Decisions for the Town of Los Gatos (July 2020) document shall be required to reduce VMT of the project. Examples of VMT reduction strategies that shall be implemented are provided below. The VMT reduction strategies are organized by their relative scale for implementation (i.e., individual site level, Town-wide level, and regional level).

Individual Site Level
 Encourage Telecommuting and Alternative Work Schedules: This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity for telecommuting. This strategy would reduce commute VMT but also result in a change in VMT for other travel purposes; thus, this strategy should consider the net change in the Town’s projectgenerated VMT.  Provide Ride-Sharing Programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants.
 Provide Local Shuttles: This strategy focuses on providing local shuttle service. The local shuttles would provide service to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. Alternatively, a demand responsive service could be provided as subsidized trips by contracting to private transportation network companies (TNCs) or taxi companies. Note that implementation of this strategy would require regional or local agency implementation.
 Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing or leasing vans or shuttles, and often subsidizing the cost of at least program administration, if not more. Vanpools typically service employee’s commute to work, while shuttles service nearby transit stations and surrounding commercial centers. Scheduling and rider charges, if any, are within the employer’s purview.

Town-Wide Level
 Provide Bicycle and Pedestrian Network Improvements: This strategy focuses on creating a comprehensive bicycle and pedestrian network within the project and connecting to nearby destinations. Projects in Los Gatos tend to be smaller so the emphasis of this strategy would likely

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
be the construction of network improvements that connect the project site directly to nearby destinations. Alternatively, implementation could occur through an impact fee program or benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan and Connect Los Gatos.
 Provide Traffic Calming Measures: This strategy combines the California Air Pollution Control Officers Association (CAPCOA) research focused on traffic calming with new research on providing a low-stress bicycle network. Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. Building a low-stress bicycle network produces a similar outcome. One potential change in this strategy over time is that e-bikes (and escooters) could extend the effective range of travel on the bicycle network, which could enhance the effectiveness of this strategy.
 Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs like ZipCar, Car2Go, and Gig.
 Limit Parking Supply: When combined with companion TDM measures, reduced parking supply discourages driving by limiting easy and convenient parking options. Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies.
 Unbundle Parking Costs from Property Cost: Unbundling separates parking costs from property cost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money.
 Implement Market Price Public Parking (On-Street): This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behavior and may also result in area-wide mode shifts.

Regional Level
 Increase Density: This strategy focuses on increasing density of land uses, where allowed by the General Plan and/or Zoning Ordinance, to reduce distances people travel and provide more travel mode options. This strategy also provides a foundation for many other strategies. For example, densification increases transit ridership, which justifies enhanced transit service.  Increase Diversity of Urban and Suburban Developments: This strategy focuses on inclusion of mixed uses within projects or in consideration of the surrounding area to minimize vehicle travel in terms of both the number of trips and the length of those trips.  Increase Transit Accessibility: This strategy focuses on encouraging the use of transit by locating a project with high density near transit. A project with a residential/commercial center designed around a bus station is referred to as a transit-oriented development (TOD).  Integrate Affordable and Below Market Rate Housing: This strategy provides greater opportunities for lower income families to live closer to job centers since income effects probability that a commute will take transit or walk to work.  Increase Transit Service Frequency/Speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in Los Gatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand-responsive transit service.

Note that implementation of this strategy would require regional or local agency implementation,

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
substantial changes to current transit practices, and would not likely be applicable for individual development projects.
 Implement Area or Cordon Pricing: This strategy focuses on implementing a cordon (i.e., boundary) pricing scheme, where a cordon is set around a specific area to charge a toll to enter the area by vehicle. The cordon location is usually the boundary of an area with limited points of access. The cordon toll may be constant, applied during peak periods, or be variable, with higher prices during congestion peak periods. The toll can also be based on a fixed schedule or be dynamic, responding to real-time congestion levels. Note that implementation of this strategy requires alternative modes of travel that are available and reliable, such as high-quality transit infrastructure.

Finding:

The population and employment growth facilitated from development envisioned in the 2040 General Plan would generate new vehicle trips. Each of these trips would result in VMT. As described on page

4.15-21 of the Draft EIR, buildout of the 2040 General Plan would generate approximately 1,280 employment opportunities. The approximately 1,280 employment opportunities that would result from buildout of the 2040 General Plan would not exceed the 1,760 employment opportunities forecast for Los Gatos in Plan Bay Area 2040. However, as described in Section 2, Project Description, the projected household population would increase by 8,970 people compared to what is considered existing with buildout of the 2040 General Plan. Some of the population growth expected from buildout of the 2040 General Plan would occur regardless of its implementation, such as growth expected from dwelling units already planned or approved for construction in Los Gatos. Nonetheless, household population growth would exceed Plan Bay Area 2040 forecasts for household population. Therefore, in context with the Town’s adopted VMT threshold of significance, this VMT impact, which is cumulative, would be potentially significant.

As described within Section 4.15, Transportation, implementation of the 2040 General Plan would result in VMT per service population that is approximately 19 percent greater than the applicable VMT threshold of

32.3. To reduce VMT per service population by 19 percent, VMT reduction strategies at the regional level would be required. However, implementation of regional strategies would require action on multiple agencies and municipalities in South San Francisco Bay and environs, such as cities of Campbell and San José or counties of Santa Clara and Santa Cruz. The Town is unable to ensure that other municipalities would participate in the regional VMT reduction strategies outlined in Mitigation Measure T-1. Therefore, it is not certain that a 19 percent reduction in VMT would be achievable. Accordingly, VMT impacts of the 2040 General Plan would be significant and unavoidable, even after implementation of mitigation.

4.4 Mitigation Monitoring and Reporting Program
As referenced above in the Findings, a MMRP has been prepared for the project and is to be adopted concurrently with these findings and statement of overriding considerations pursuant to Public Resources Code Section 21081(a)(1). The MMRP is provided as Appendix D to the Final EIR that will be used by the Town of Los Gatos to track compliance with the project mitigation measures. The MMRP will remain available for public review during the compliance period, which includes pre-construction coordination, construction, and post-construction documentation.
5 Project Alternatives

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Finding
Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Where the Town of Los Gatos has determined that, even after the adoption of all feasible mitigation measures the project would still cause one or more significant environmental impacts that cannot be avoided or lessened to below a level of significance, the Town of Los Gatos must determine if there is a project alternative that is both environmentally superior and feasible. An alternative may be “infeasible” if it fails to achieve most of the basic project objectives identified within the EIR. Further, “feasibility” under CEQA encompasses the desirability of the project “based on a reasonable balancing of the relevant economic, environmental, social, and technological factors” of a project (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 709, 715).

Alternative 1: Low Growth
Alternative 1 is a low growth alternative. Under Alternative 1, the proposed 2040 General Plan would not include an increase in density ranges outside of Opportunity Areas, but would include a modest increase inside designated Opportunity Areas. Outside of Opportunity Areas, densities would remain within a range of four to 18 dwelling units per acre. Inside Opportunity Areas, density ranges would increase to 10 to 18 dwelling units per acre. Overall development and growth would be reduced compared to the 2040 General Plan. Alternative 1 would result in approximately 1,245,000 total daily VMT and a total VMT per service population of 22.65.

Alternative 1, Low Growth, would result in fewer impacts in comparison to the 2040 General Plan. Under this alternative there would be no increase in density ranges outside Opportunity Areas and modest increases inside Opportunity Areas. Overall, Alternative 1 performs similar to the 2040 General Plan in a majority of the resource areas. However, this alternative performs better than the 2040 General Plan in the following key areas:
 Air Quality
 Greenhouse Gases
Alternative 2: Medium Growth
Alternative 2 is a medium growth alternative. Under Alternative 2, the proposed 2040 General Plan would result in a modest increase in density ranges outside of Opportunity Areas but would include additional increases inside designated Opportunity Areas. Outside of Opportunity Areas, densities would increase to be within a range of 10 to 26 dwelling units per acre. Inside Opportunity Areas, density ranges would increase to 14 to 26 dwelling units per acre. Overall development and growth would be reduced compared to the 2040 General Plan. Alternative 2 would result in approximately 1,259,000 total daily VMT and a total VMT per service population of 22.205.

Alternative 2, Medium Growth would result in fewer impacts compared to the 2040 General Plan for many of the environmental resource impact areas. Under this alternative there would be modest increases in density ranges outside Opportunity Areas and additional increases inside Opportunity Areas. Overall, Alternative 2 performs better than the 2040 General Plan, in the following key areas:
 Air Quality
 Energy
 Greenhouse Gases
 Hydrology and Water Quality
 Population and Housing
 Public Services

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Alternative 3: High Growth
Alternative 3 is a high-growth alternative that includes increased density ranges in all areas and additional increases that allow for higher-density development in Neighborhood Commercial and Mixed-Use Commercial designations outside Opportunity Areas. Typical densities are assumed to vary from 10 to 36 du/ac outside Opportunity Areas and 16 to 36 du/ac inside Opportunity Areas. Intensity varies from 0.75 FAR in LDR to 1.5 FAR in HDR and MU. When compared to Alternative 1, Alternative 3 would result in a three percent (600 to 750) increase in peak hour vehicle trips. Alternative 3 would generate the most traffic, primarily due to the addition of 3,170 new housing units. However, from a VMT efficiency perspective, Alternative 3 performs the best with an estimated 21.48 VMT per service population as compared with an estimated 22.65 VMT per service population in Alternative 1. While all four land use alternatives are actually very similar to one another, Alternative 3 would have the highest potential for internal trip making to occur and would see the highest shifts to non-vehicle transportation modes, like walking, biking, or taking transit.

Alternative 3, High Growth, would generally result in similar impacts to the proposed 2040 General Plan for several issue areas impacts. This alternative would involve substantially denser growth and development overall, and therefore less impacts to resources such as GHG and traffic. This alternative performs similarly to the 2040 General Plan in most of the resource areas. However, Alternative 3 performs better than the 2040 General Plan, in the following key areas:
 Greenhouse Gases
 Energy
 Population and Housing
Alternative 4: No Project
Section 15126.6(e) of the CEQA Guidelines requires a specific alternative of “no project” be evaluated in an EIR in order to allow decision makers to compare the impacts of approving a proposed project with the impacts of not approving that project. CEQA Guidelines Section 15126.6(e)(3) describes the two general types of no project alternative: (1) when the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the no project alternative would be the continuation of that plan; and (2) when the project is not a land use/regulatory plan, such as a specific development on an identifiable property, the no project alternative is the circumstance under which that project is not processed (i.e., no development occurs). Alternative 4 represents the former alternative type of no project and assumes the continued implementation of the current 2020 General Plan.

Alternative 4 is comprised of a land use pattern that reflects the land use identified in the existing 2020 General Plan. Under this alternative, the proposed 2040 General Plan would not be adopted and the existing General Plan, including the land use map and all of the General Plan goals and policies, would remain in place through the horizon year of 2040. Thus, any new development in Los Gatos would occur consistent with the existing land use designations and the allowed uses within each designation. Similarly, any new infrastructure in Los Gatos would occur as envisioned in the 2020 General Plan. Development under this alternative is anticipated to be less intensive and result in greater low-density residential development within the Town limits than under the 2040 General Plan. However, because this alternative would not include the higher density, higher height limits, and higher Floor Area Ratios (FAR), overall development and anticipated growth would be reduced compared to the 2040 General Plan. Overall, growth would be similar to that anticipated under the 2020 General Plan with approximately 13,730 dwelling units and a population of approximately 32,600 in the year 2040 (Town of Los Gatos, General Plan EIR 2020). This would be a reduction in overall development and growth compared to the 2040

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
General Plan which anticipates the addition of approximately 3,738 dwelling units, for a total population of approximately 39,221 and a total of 17,468 dwelling units in 2040.

Alternative 4, No Project Alternative, would not be considered environmentally superior overall because while it would involve less development and growth, it would result in a more dispersed ground disturbance than the 2040 General Plan. Further, this alternative does not place an emphasis on mixeduse and smart growth planning principles and the majority of growth and development under this alternative would occur outside of Opportunity Areas, resulting in less compact development. Although Alternative 4 would entail continued growth as dictated by the existing General Plan, new policies included in the 2040 General Plan, such as those in the Community Development Element, would not be adopted. Additionally, under Alternative 4, transportation improvements and GHG reduction strategies as part of the 2040 General Plan would not be implemented. Thus, daily VMT is anticipated to be greater under this alternative. Consequently, air contaminant and GHG emissions impacts and traffic impacts would be greater than for the proposed 2040 General Plan. Overall, Alternative 4 performs very similar to the 2040 General Plan and improves only in the following area:
 Aesthetics
Facts in Support of Finding
Alternative 1 and 3 perform slightly better than the 2040 General Plan in several impact areas. However, Alternative 2 was found to be superior to the 2040 General Plan in a reduction of impacts including air quality, energy, greenhouse gas emissions, hydrology and water quality, population and housing, and public services. Nevertheless, Alternative 2 would not fully meet the objectives/guiding principles of the 2040 General Plan. This alternative would not be as effective in achieving some of the land use goals and objectives of the 2040 General Plan because it would not contribute substantially to a pattern of compact future development or allow for the 2,000 new dwelling units target of Town Council. The slower growth model is less consistent with the goals and vision of the 2040 General Plan that promote the development of a smart growth model that favors a mix of land uses and encourages active living through the development of mixed-use and connected neighborhoods. Further discussion of the alternatives is included in Chapter 6: Alternatives of the Draft EIR for the 2040 General Plan.

For these reasons, none of the alternatives are more desirable than the 2040 General Plan in terms of meeting the Town’s guiding principles and objectives for the project, as outlined above under the Chapter 2, Project Description, of the Draft EIR. For this reason and because none of the proposed alternatives would completely avoid the project’s significant impacts, none of the proposed alternatives are considered feasible.
6 Statement of Overriding Considerations
Where there are significant and unavoidable impacts from a project, pursuant to Section 15093 of the CEQA Guidelines, the Town of Los Gatos must “balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks, when determining whether to approve the project.” The record of those considerations shall include a written statement of overriding considerations that is supported by substantial evidence within the administrative record. A finding consistent with Section 15091(a)(3), that specific economic, legal, social, technological, or other consideration, make infeasible

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
any other mitigation measures or project alternatives that would avoid or lessen this impact to below a level of significance.

The Town finds and determines that, as proposed, the majority of the significant impacts of the project will be reduced to acceptable levels by implementation of mitigation measures recommended in these findings. However, the Town further finds that the project’s cumulative impact to greenhouse gas emissions as well as impacts to transit and VMT are significant and unavoidable even with the implementation of mitigation (Section 4.8, Greenhouse Gas Emissions, and Section 4.15, Transportation, of the Draft EIR). Collectively, reasonably foreseeable future development and growth in the Town of Los Gatos would generate greenhouse gas emissions and VMT, and affect transit ridership and operations beyond the capacity of the Town of Los Gatos. The proposed project would contribute to total greenhouse gas emissions, transit use and operation, and total VMT within the service area. The Town further finds that there are no other feasible mitigation measures or feasible project alternatives that will further mitigate, avoid, or reduce to a less-than-significant level these environmental effects.

After due consideration, and in light of the environmental, social, economic, and other considerations identified in the findings, General Plan 2040, and the record as a whole related to this project, the Town chooses to approve the project because, in its independent judgement, the benefits to the project as outlined below substantially outweigh the project’s significant and unavoidable adverse environmental impacts.

Benefits of the Project: The Town finds that the project, as approved, will have the following economic, social, technological, and environmental benefits:
 The 2040 General Plan updates outdated policies in a manner that meets current legal requirements for General Plans.
 The 2040 General Plan provides a more user-friendly document that will make use of the General Plan easier for decision makers, staff, and the public.  The 2040 General Plan reflects current community goals and preferences as identified during the public outreach process.
 The project would emphasize infill and reuse development within the Town limits with a focus on increasing opportunities for housing development in key areas of the Town through increased density and mixed-use projects where appropriate.
 The project would provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.
 The project would protect the natural resources and scenic assets that define Los Gatos, including open space preserves, recreational trails, surrounding hillsides, and natural waterways.  The project would manage, conserve, and preserve Los Gatos' natural environment for present and future generations and promotes sustainable uses of its resources.  The project would recognize the importance of and promote ethnic, cultural, and socio-economic diversity and equity to enhance the quality of life in Los Gatos.  The project would invigorate downtown Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors.  The project would provide high quality municipal services to the Los Gatos community while sustaining the Town's long term fiscal health.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
 The project would place a greater emphasis on reestablishing more complete neighborhood areas that meet the daily needs of residents to be located within a one-mile distance.  The project meets the objectives of the State of California in promoting affordable housing.  The project sets forth the values and objectives of the Town in providing a sense of community and inclusiveness of all residents while protecting the existing community assets and uniqueness that sets Los Gatos apart from other municipalities.

In order to achieve these objectives, the 2040 General Plan focuses on improving how residents get around, meeting community needs with available services, providing a greater sense of identity, adding housing options by promoting higher-density development and infill, and preserving established residential neighborhoods. For most of the Town, the 2040 General Plan preserves the existing pattern of uses and establishes policies for protection and long-term maintenance of established neighborhoods.

Generally, new development in accordance with the 2040 General Plan would result in re-use of properties, conversion of properties to different uses in response to market demand, and more intense use of land in defined areas.

With limited opportunities for new development in Los Gatos, the 2040 General Plan emphasizes infill and reuse development within the Town limits, encourages higher-density and mixed-use projects where appropriate, and supports development that compliments the existing natural and built environment.

New development would occur primarily where existing roads, water, and sewer are in place and in a manner that minimizes the impact of development on existing infrastructure and services.

Findings:

For any of these reasons individually and all of these reasons taken as a whole, the Town of Los Gatos finds that the benefits of the project outweigh the significant and unavoidable environmental effects related to greenhouse gas emissions, transit, and VMT. Therefore, the adverse significant and unavoidable effects are considered to be acceptable by the Town of Los Gatos Town Council, which is the decision-making body for the project, given the importance of this project to the Town of Los Gatos. 7 Statement of Location and Custodian of
Documents
Public Resources Code Section 21081.6(a)(2) and Section 15091(e) of the California Code of Regulation requires that the Town of Los Gatos, as the Lead Agency, specify the location and custodian of the documents of other materials that constitute the record of proceedings upon which the decision has been based. The following location is where review of the record may be performed during regular business hours:

Town of Los Gatos Community Development Department
110 E. Main Street
Los Gatos, California 95030
The Town of Los Gatos has relied on all of the documents contained within the record of proceedings in reaching its decision on the project.

RESOLUTION NO.

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS
ADOPTING THE 2040 GENERAL PLAN
WHEREAS, the Town of Los Gatos has prepared the 2040 General Plan to update and enhance the 2020 General Plan, along with the Final Environmental Impact Report (Final EIR); and
WHEREAS, the implementation of the 2040 General Plan is intended to preserve the small-town character of Los Gatos and work toward the community vision established in the 2040 General Plan; and
WHEREAS, the 2040 General Plan establishes goals, policies, and implementation programs to maintain and achieve these desirable attributes; and WHEREAS, pursuant to Government Code section 65351, numerous opportunities were provided for the involvement of citizens, public agencies, public utilities, and various civic groups through, among other things, through the meetings of the General Plan Update Advisory Committee over a two and a half year period; and
WHEREAS, pursuant to Government Code section 65352, the Draft 2040 General Plan and the 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 clarify or correct information contained in the Draft EIR, providing goodfaith reasoned analysis supported by factual information, and the comments and responses thereto were prepared and published in a Final Environmental Impact Report (Final EIR); and WHEREAS, under the provisions of the Government Code and CEQA, the Planning Commission conducted duly noticed public hearings regarding certification of the Final EIR and adoption of the 2040 General Plan on April 13, April 25, April 27, and May 2, 2022, and recommended that the Los Gatos Town Council certify the Final EIR and adopt the 2040 General Plan with modifications; and
ATTACHMENT 6
Draft Resolution to be
modified by Town
Council deliberations
and direction.

WHEREAS, the Planning Commission recommended adoption of the 2040 General Plan, and the Los Gatos Town Council considered all recommendations made by the Planning Commission; and
WHEREAS, the Los Gatos Town Council conducted duly noticed public hearings and received public testimony about the 2040 General Plan and the Environmental Impact Report (EIR) on June 20 and ____________, 2022; and
WHEREAS, on ____________, 2022, the Los Gatos Town Council found that the Final EIR for the 2040 General Plan as recommended for certification by the Planning Commission, was prepared in compliance with the California Environmental Quality Act and guidelines and is complete;
WHEREAS, on ____________, 2022, the Los Gatos Town Council certified the Final EIR subject to the Findings of Fact and Statement of Overriding Considerations; NOW THEREFORE, BE IT RESOLVED:

A. The Los Gatos Town Council finds that the 2040 General Plan is consistent with the goals of the community and that all proceedings have been conducted in compliance with the provisions of Government Code Section 65350 et seq.; and B. The Los Gatos Town Council adopts the 2040 General Plan dated June 2021 with the modifications recommended by the Planning Commission on May 2, 2022.

PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos, California, held on the __th day of June, 2022 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS
GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
S:\COUNCIL REPORTS\2022\06-20-22 Special Meeting\Attachment 6 - Draft Resolution Adopting the 2040 General Plan.docx

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The Planning Commission’s final unanimous recommendation was to adopt the Draft 2040 General Plan with modifications and certify the Final EIR. The recommended modifications included:

1. In the Introduction, recommend approval of the General Plan Advisory Committee (GPAC) recommendations for the Vision and Guiding Principles to be modified to state:

The Town of Los Gatos is a welcoming, family-oriented, and safe community nestled in the beautiful foothills of the Santa Cruz Mountains. The Town is a sustainable community that takes pride in its small-town character and provides a range of housing opportunities, historic neighborhoods, local culture and arts, excellent schools, and a lively and accessible downtown. The Town is pedestrian friendly andLos Gatos offers a choice of mobility options, housing opportunities, and superior public facilities and services, governed by and an open and responsive local government that is fiscally sound. Los Gatos has aA dynamic and thriving community, Los Gatos is committed to racial, social, and environmental justice and underscores its commitment to long-term well-being by embracing sustainability. economy that includes a mix of businesses throughout Town that serves all residents, workers, and visitors.

Community Vitality
Invigorate downtown Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors. Foster the economic vitality of all Los Gatos business locations. Preserve and enhance the Town's historic resources and character while guiding the community into the future.

Connectivity
Emphasize the importance of connecting all facets of the Town to build a strong sense of community through building design, walkability, and safe streets.

Diverse Neighborhoods
Foster appropriate investments to maintain and enhance diverse neighborhoods, housing opportunities, and infrastructure to meet the needs of all current and future residents.

Fiscal Stability / Responsibility
Provide high quality municipal services to the Los Gatos community while sustaining the Town's long term fiscal healthwell-being.

Government Transparency
Conduct governmental processes in an open manner and encourage public involvement in Town governance.

Inclusivity
Recognize Value the importance of and promote ethnic, cultural, and socio-economic diversity and equity to enhance the quality of life in Los Gatos.

Mobility
Provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.

ATTACHMENT 7

Promote Public Safety
Maintain and enhance Los Gatos as a safe community through preparation and planning, education, and community design that is responsive to the full range of potential natural and man-made hazards and safety issues.

Protect Natural ResourcesEnvironment
Protect and enhance the natural resources environment and scenic assetsbiotic communities that define Los Gatos, including but not limited to open space preserves, recreational trails, surrounding hillsides, and natural waterways.

Sustainability
Manage, conserve, and preserve Los Gatos' natural environment for present and future generations. Identify and provide opportunities to enhance the Town' s sustainability policies and practices.

2. In the Introduction, modify Section 1.5 “The Los Gatos Community” to include additional information about the indigenous peoples in relation to the land that the Town of Los Gatos now occupies and the cultural history of the land, rather than only the topographical history;

3. Revisions as a result of review by the State Department of Forestry, included in Exhibit 8 and listed here:
 Add reference to VHFHSZ’s in Policies CD-5.2 and CD-6.1.  New Policy PFS-1.7: “Water Supply for Fire Safety. Coordinate with local water providers to ensure and maintain the long-term sustainability of water supplies to meet current and anticipated future firefighting needs.”  Modified wording for Policies PFS-19.3 and PFS-20.1.
 Modified wording for Policy HAZ-1.3.
 Additional wording on page 9-4 to reference location of critical infrastructure listed in OAHMP.
 New Policy HAZ-2.6: “Vegetative Hazards. Reduce the wildfire risks to existing and newly developed transportation networks through regular clearance and maintenance of vegetation adjacent to public roadways to current State and/or locally adopted fire safety standards for vegetation clearance in SRA’s or VHFHSZ’s.”  New Policy HAZ-2.7: “Wildfire Response. Following a large and/or destructive fire in Los Gatos or the region, the Town shall reassess standards and other requirements for new development and redevelopment and revise these requirements to ensure a high level of community resilience to fire events.”
 New Policy HAZ-2.8: “Community Fire Breaks. Establish and maintain community fire breaks and fuel modification/reduction zones, including public and private road clearance.”
 New Policy HAZ-2.9: “Fire Safety Development Precautions. Establish that minimum requisite firefighting services and infrastructure are ubiquitous throughout its Town, including but not limited to: high-visibility street signage and house numbers, appropriate street widths and building clearances for firefighting equipment and vehicles, high water pressure at all fire hydrants, and driving signage indicating rights-of-way with no outlets.”
 Modified wording for Policy HAZ-3.5.
 New Policy HAZ-3.7: “Community Evacuation Trainings. Continue to conduct regular

evacuation trainings with single-access community HOAs, residents, and the Wildfire Ad Hoc Committee; encourage residents in single-access communities to maintain emergency supplies for at least three days.”
 Modified wording for Hazards and Safety Element Implementation Programs C, G, and H.

4. Add a new Implementation Program in the Land Use Element as discussed in Section F of the Staff Report:

Five-year Land Use Element Review
The Town shall conduct a review of the Land Use Element every five years from the date of final approval, and revise and update as necessary. This review can include the following:
 Modify, add, or delete goals, policies, or programs to reflect notable changes in the Town over the previous period;
 Remove or modify programs that have been completed or require additional time;  Modify or add new goals, policies, or programs to reflect changing needs within the Town;
 Conduct a fiscal analysis; and
 Modify to reflect applicable changes in State law.

5. Implement recommendation from Parks and Public Works Department staff to revise Figure 5-1 Bike Facilities in the following ways:
 Shannon Road from Los Gatos Blvd to Cherry Blossom Lane should be revised from “Proposed Class I” to “Proposed Class II;”
 Installation of Class IV bike lanes on Winchester from Blossom Hill Road to Wimbledon Drive should be updated to reflect recent improvements as “Existing Class IV;” and
 Blossom Hill Road between Los Gatos Boulevard and Highway 17 should be revised from “Proposed Class I/IV” to “Existing Class IV.”

6. Implement recommendation from Parks and Public Works Department staff to revise 5- 3 Roadway Classifications in the following ways:
 Where the functional classification lines overlap Town Limits lines, make functional classification lines more visible;
 Bachman should be extended to University as a Neighborhood Collector;  Bayview between Main and Pennsylvania should a Neighborhood Collector;  Netflix campus circulation (northeast of 85/Winchester) is shown as Arterial. It should be Local;
 Hicks should extend south to Town Limits as a Hillside Collector;  Gateway should be a Neighborhood Collector;
 Longmeadow and Twin Oaks should be a Hillside Collector;  South Kennedy should be extended to Kennedy as a Hillside Collector; and  Union should be an Arterial.

7. Implement recommendation from Parks and Public Works Department staff to create a street classifications list, similar to that included as Appendix F of the 2020 General Plan EIR, should also be included in the 2040 General Plan in association with their representation in Figure 5-3.

8. For compliance with the Town’s Green Stormwater Infrastructure Plan, as

recommended by staff at the West Valley Clean Water Program and the Town’s Parks and Public Works Department make the following changes:
 Policy PFS-3.2 Non-Point Source Control Programs
Promote and implement Provide non-point source pollution source control programs to reduce and control the discharge of pollutants into the storm drain system, as required by the Town’s stormwater NPDES permit. Incorporate green stormwater infrastructure (GSI) elements, such as biotreatment or infiltration into private and public development to provide opportunities for stormwater collection and treatment, per the Town’s GSI Plan.
 Add the following Implementation Programs to the Public Facilities, Services, and Infrastructure Element:
o Incorporate Green Stormwater Infrastructure (GSI) elements, such as infiltration and biotreatment, into Town projects to provide opportunities for stormwater collection and treatment, per the Town’s GSI Plan.
o Modify the Town’s Complete Streets Policy to include Green Stormwater Infrastructure.
 Add the following underlined text to the introduction paragraph for Section 8.10 Hydrology and Water Quality:

Maintaining water quality and availability is a high priority and a complex challenge that becomes more critical as supplies become more uncertain due to climate change and a growing population. Goals and policies in this section address the quality and reliability of the Town’s long-term water supply, including during periods of drought. To maintain water quality, surface water and groundwater must be protected from the impacts of past and future development using methods such as low-impact development requirements and the careful regulation of sub-surface dewatering. The Town supports the efforts of regulatory bodies, such as the San Francisco Regional Water Quality Control Board, the agency that controls discharge to San Francisco Bay from stormwater and other sources. The San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP) requires the Town of Los Gatos to implement programs that reduce urban runoff pollution. The MRP regulates stormwater discharges into local creeks and the San Francisco Bay to protect water quality. The Town participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), along with twelve other cities and towns, the County of Santa Clara, and the Santa Clara Valley Water District to implement the requirements of the MRP. As required by the MRP, the Town has developed a Green Stormwater Infrastructure (GSI) Plan that describes how the Town will gradually transform its urban landscape and storm drainage systems from “gray” to “green”; that is, supplement traditional storm drain infrastructure, where stormwater runoff flows directly from impervious surfaces into storm drains and receiving waters, with a more resilient, sustainable system that reduces and slows runoff by dispersing it to vegetated areas, promotes infiltration and evapotranspiration, collects runoff for non-potable uses, and treats runoff using biotreatment and other GSI practices. The control of wastewater and stormwater is discussed in more detail in the Public Facilities, Services, and Infrastructure Element.  Revise Policy ENV-17.5 to state:

Retain and use rainwater on municipal facility sites, to the extent possible.

Encourage rainwater harvesting and irrigation use in commercial and residential uses. Ensure that all development projects in Los Gatos maximize opportunities to filter, infiltrate, store, and reuse or evaporate stormwater runoff onsite.

9. In the Racial, Social, and Environmental Justice Element, add a new Implementation Program, “Research the viability of increasing support for the acceptance of food vouchers at local food retailers and farmers markets” to implement Policy RSEJ-4.1;

10. In the Racial, Social, and Environmental Justice Element, modify definitions for equality and equity, to state “Equality. The state of being equal, especially in status, rights, and opportunities. Equal opportunity, levels of support, and allocation of resources, regardless of different circumstances.” and “Equity. Fairness or justice in the way people are treated. Differing allocation of opportunities, levels of support, and resources based on each person or group’s circumstances and needs, thereby reaching an equal outcome.”;

11. In the Racial, Social, and Environmental Justice Element, modify Policy RSEJ-6.2 to state, “Support leadership development programs for historically marginalized and socially disadvantaged individuals and groups to enhance effective engagement in Town processes.”;

12. In the Racial, Social, and Environmental Justice Element, revise Policy RSEJ-1.4 to state, “Encourage development and improved access to affordable housing opportunities for all community members.”;

13. In the Racial, Social, and Environmental Justice Element, revise Policy RSEJ-2.7 to state, “Develop and i Implement and require cultural proficiency and anti-bias training for all Town employees and support similar training efforts undertaken by the business community.”;

14. In the Racial, Social, and Environmental Justice Element, revise Policy RSEJ-6.3 to state, “Develop, provide, pPromote, and implement new and innovative approaches to facilitate communication between members of the community and Town elected officials and staff members.”;

15. In the Mobility Element, add a new Implementation Program to work with VTA to identify locations for and implementation of in-lane bus stopping at key locations with merge challenges and where queue jump treatments for busses at intersections would be possible and effective, and pursue funding for design and implementation of queue jump treatments from new development, either through individual project contributions or the Town’s Transportation Impact Fee program.

16. In the Mobility Element, add a definition of Traffic Impact Policy to the Glossary;

17. In the Mobility Element, change to the timeframe of Implementation Program D to 2020-2025;

18. In the Public Facilities, Services, and Infrastructure Element, include a new definition of recycled and reclaimed water. From the California Water Code staff provides the following definitions:
 “Reclaimed Water” is a wastewater which as a result of treatment is suitable for uses other than potable use; and
 “Recycled water” means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

19. In the Public Facilities, Services, and Infrastructure Element, modify language of

Implementation Program C to include consideration of alternative ground covers and a change to the timeframe to 2020-2025;

20. In the Public Facilities, Services, and Infrastructure Element, Section 6.3, clarify the second paragraph under Natural Drainage Systems. All creeks listed except Smith and San Tomas Aquino Creek flow to the Guadalupe River and the Guadalupe River is not within the Town limits;

21. In the Public Facilities, Services, and Infrastructure Element, on page 6-15, move Figure 6-1 “Recreation Locations” to the end of the section so it doesn't break up the discussion of recreation and social activities;

22. In the Public Facilities, Services, and Infrastructure Element, revise Implementation Program L Outdoor Lighting Standards to state, “Establish outdoor lighting standards in the Town Code to address energy efficiency, dark sky conservation, and healthy ecosystems.”;

23. In the Open Space, Parks, and Recreation Element, revise Policy OSPR-2.1 to state, “Preserve the natural open space character of hillside lands, including natural topography, natural native vegetation, wildlife habitats and migration corridors, and viewsheds.”;

24. In the Open Space, Parks, and Recreation Element, revise Goal OSP-5 to state, “Preserve and enhance Los Gatos Creek, Los Gatos Creek Trail, and Ross Creek as open space amenities, which are critical to protecting biological resources.”;

25. In the Open Space, Parks, and Recreation Element, remove “provided on a full cost recovery basis” from the first paragraph under Recreational Services on page 7-7;

26. In the Environment and Sustainability Element, define the term “designated creek.”;

27. In the Environment and Sustainability Element, revise the definition of “Ecosystem” in the Key Terms Section to state, “A community or group of living organisms that live in and interact with each other in a specific physical environment.”;

28. In the Environment and Sustainability Element, revise Policy ENV-7.6 to state, “Consider alternative methods prior to utilizing herbicides and pesticides on Town property as one tool within a comprehensive integrated pest management framework to minimize potential damage to native plants, birds, and other wildlife” and add “Integrated Pest Management (IPM)” to the list of key terms;

29. In the Environment and Sustainability Element, revise Policy ENV-7.7 to state, “Require that herbicides and pesticides used in areas adjacent to creeks and other water bodies are approved for use in aquatic habitats, working towards minimized potential damage to public health, native plants, birds, and other wildlife.”

30. In the Environment and Sustainability Element, revise Policy ENV-7.11 to state, “Require the design of building, street, landscape, and parking area lighting to improves safety, energy efficiency, protection of the night skies (dark sky protections), biological resources, and environmental soundness.” (note that “improves” revised to “improve”);

31. In the Environment and Sustainability Element, revise “Groundwater Management” section on page 8-19 as follows:

Valley Water manages the groundwater sub-basin with the primary objectives to recharge the basin, conserve water, increase water supply, and prevent waste or reduction of the water supply. Historically, over-extraction of the groundwater subbasin has resulted in occurrences of subsidence in Santa Clara County. Subsidence occurs when underground water levels drop and clay layers compact, resulting in the

sinking of the ground surface and a loss of aquifer capacity. To avoid any further subsidence and loss of aquifer capacity Valley Water works to maintain the sub-basin by augmenting natural percolation of rainfall and local stream runoff with via managed aquifer recharge using local and imported surface water. Valley Water’s managed supports a recharge program that includes 18 major recharge systems with in-stream and off-stream facilities. In addition to directly replenishing groundwater, Valley Water reduces the need for groundwater pumping through treated and untreated surface water deliveries, water conservation, and recycled water programs.

Based on these efforts, permanent subsidence was effectively halted around 1970, and groundwater levels recovered to sustainable levels. In 2019, Valley Water’s Groundwater Management Plan was approved by the Department of Water Resources as an Alternative to a Groundwater Sustainability Plan for Sustainable Groundwater Management Act compliance. While groundwater levels and storage decline during droughts, Valley Water’s comprehensive groundwater management activities provide for subsequent recovery, and groundwater in the sub-basin is sustainably managed.

Valley Water operates a treated groundwater recharge/surface water reinjection program that promotes treated groundwater reuse from the clean-up of contaminated sites and recharges groundwater from local and imported surface water. Based on these efforts, the groundwater elevation in the groundwater sub-basin has been rising steadily for the past 40 years. As stated in the 2017 Walley Water Annual Groundwater Management Report, the groundwater supply has reached a “normal” stage (stage 1) of the District’s Water Shortage Contingency Plan and indicates good water supply conditions.

32. In the Environment and Sustainability Element, revise second paragraph of the “Groundwater Quality” section on page 8-22 as follows:

A few water quality problems have been detected in the sub-basin. High mineral salt concentrations have been identified in the upper aquifer zone along San Francisco Bay, the lower aquifer zone underlying Palo Alto, and the southeastern portion of the forebay area of the Santa Clara Valley sub-basin. Nitrate concentrations in the South County (Coyote and Llagas sub-basins) are e. Elevated and high nitrate concentrations are sporadically observed in the Santa Clara Valley Sub-basin. Monitoring continuously, installing physical barriers to runoff, and treating water properly are key activities used throughout the wastewater treatment and water conveyance system to maintain water quality standards. D However, drinking water standards are met at public water supply wells without the use of treatment methods beyond disinfection. Valley Water and public water suppliers conduct extensive monitoring of groundwater quality to understand conditions and trends and work with regulatory agencies to protect groundwater quality.

33. In the Environment and Sustainability Element, revise Policy ENV-16.4 to state, “Conserve existing creeks and avoid disturbances, including fencing, lighting, structures, hydrological barriers, and roads, to these areas.”;

34. In the Environment and Sustainability Element, revise Policy ENV-16.3 to state, “Cooperate with Valley Water and other agencies to protect watersheds, groundwater, and riparian habitats from degradation.”;

35. In the Environment and Sustainability Element, revise Policy ENV-17.8 to state, “Encourage Low-Impact Development (LID) measures to limit the amount of impervious surface in new development and redevelopment to maintain or increase the retention, treatment, and infiltration of urban stormwater runoff from pre-development conditions. LID measures should also apply to major remodeling projects and to public and recreation projects where possible.”;

36. In the Environment and Sustainability Element, revise Policy ENV-19.1 to state, “Require all new noise-sensitive developments, and sound- or noise-generating uses near open space, to provide a noise study prepared by a licensed acoustician with recommendations for reducing noise impacts to the maximum allowed level in the Noise Ordinance.”;

37. In the Environment and Sustainability Element, add a new Implementation Program, as recommended by public comment, but with the language modified to state, “Plant Based Education: Develop and implement a plan Implement programs to educate and support residents about the environmental, economic, and social benefits of shifting to a plant-based diet, examples of which may include informational materials, educational programs, community events, coordination with schools and businesses, or guidelines for procurement which includes improved health, curbing greenhouse gas emissions, reducing biodiversity loss and deforestation, reducing water usage, and reversing pollution of our air, land, and water.”

38. In the Environment and Sustainability Element modify Implementation Program M to include linkages between movement corridors;

39. In the Environment and Sustainability Element modify the existing language about the indigenous peoples on page 8-17 of the Draft 2040 General Plan as suggested by Commissioner Clark:
 Policy ENV-13.8, “Support a community sense of stewardship for historic and cultural resources through supporting talks, tours, and other programs that increase awareness and promote Los Gatos as a destination with historic cultural resources and through including Ohlone people in the conversation and planning.”  Section 8.8, “Los Gatos is in an area once occupied by the Ohlone (or Costanoan) people, which extends from the point where the San Joaquin and Sacramento rivers flow into the San Francisco Bay to Point Sur, with the interior Coastal Ranges most likely constituting the inland boundary. Before colonization outside contact, Ohlone lived in base camps of tule reed houses and seasonal specialized camps. Ohlone ate food gained by hunting, gathering, and fishing. Mussels were particularly important to their diet, as well as sea mammals and acorns.

Seven Franciscan missions were built in Ohlone territory in the late 1700s, and all members of the Ohlone group were eventually forced brought into the mission system. After the establishment of the missions, the Ohlone population was decimated dwindled from roughly 10,000 people in 1770 to 1,300 in 1814. In 1973, the population of people with Ohlone descent was estimated at fewer than 300 after what is widely cited as a genocide. The descendants of the Ohlone united in 1971 and have since arranged political and cultural organizations to revitalize, maintain, and pass on aspects of their culture.”
 Staff recommends the use of “indigenous people” rather than “Ohlone.”

40. In the Hazards and Safety Element, explain within Section 9.2 that according to CALFIRE, 95 percent of all fires are caused by people (e.g., arson, escaped debris burns, and equipment use) and this is why “Fires that occur along the wildland-urban interface (WUI) are much more of a hazard…” It is also important to note that a high fire hazard severity zone does not describe the risk of a fire start, but rather describes potential impacts to natural ecosystems, known as fire severity;

41. In the Hazards and Safety Element, revise the discussion regarding dam inundation in Section 9.4 – Flood and Inundation Hazards to note that the Town of Los Gatos is also within the inundation area of Vasona Dam;

42. Modify definition of “equity,” in addition to the modifications to that definition agreed upon at the previous meeting, to include a reference to “status and rights.”

43. In the Land Use Element, modify land use designation of the property at 15810 Los Gatos Boulevard, APN 523-01-001, from Low Density Residential to Mixed-Use Commercial to be more in line with existing use;

44. In the Land Use Element, revise Policy LU-3.2 to state, “Projects shall be evaluated and the Town shall apply appropriate mitigation measures and/or conditions of approval to reduce impacts on the environment, urban services, and wildfire risk, including utilities, police, and fire.”

45. In the Land Use Element, revise Goal LU-6 to state, “Ensure housing in the hillsides will not adversely affect the natural environment, migration and biological corridors, or endanger public health and safety.”

46. In the Land Use Element, add an Implementation Program to support a modification of the North 40 Specific Plan to allow up to 40 dwelling units per acre to be consistent with the Mixed-Use land use designation on Los Gatos Boulevard.;

47. In the Community Design Element, revise Policy CD-2.12 to state, “If feasible, require native, non-invasive, or non-fire-prone street trees to be installed for all new developments, to enhance neighborhood character and identity and to maximize shade coverage when mature.”;

48. In the Community Design Element, revise Policy CD-2.40 to state, “Ensure that public improvements and private development provide landscaped Town gateways that create visual connections between the natural hillsides and open space areas and the community of Los Gatos with native, non-invasive, or non-fire-prone plant species.”

49. In the Community Design Element, r Revise Policy CD-9.9 to state, “To soften the appearance of hardscape, incorporate landscaped medians using edible food producing, drought tolerant, native, non-invasive, or non-fire-prone plants, landscape buffers, and street trees.”

50. In the Community Design Element, revise Modify Policy CD-11.6 to note that new trail connections located on or open to Valley Water property must be open to the general public and permitted by Valley Water and with the addition of the word “public” between “secondary” and “access” in Policy CD-11.6;

51. In the Community Design Element, add a new Implementation Program to study implementation of the Mills Act;

52. In the Community Design Element, add a definition of “rafters.” Staff recommends the following definition, “Rafters: One of several long, inclined, structural members such as wooden beams used in the construction of pitched roofs, supporting the roof-covering, e.g. laths and tiles.”

53. In the Land Use Element, modify the maximum allowed residential densities in the following ways:
 Remove residential density from the Office Professional and Service Commercial designations;
 Reduce maximum allowed residential density in the Low Density Residential designation from 12 to 10 dwelling units per acre; and
 Reduce maximum allowed residential density in the Medium Density Residential designation from 24 to 22 dwelling units per acre.

PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 4/13/2022
ITEM NO: 3
DATE: April 7, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Make Recommendations on the Draft 2040 General Plan and Final Environmental Impact Report to the Town Council.

RECOMMENDATION:

Review and make recommendations on the Draft 2040 General Plan and Final Environmental Impact Report (EIR) to the Town Council.

BACKGROUND:

On February 6, 2018, Town Council began the process of updating the 2020 General Plan with a discussion of the scope and process for the General Plan update. At that meeting, the Town Council indicated that the General Plan is serving the community well, and an update provides the opportunity to refine the General Plan, address emerging trends and recent State laws, and consider new issues.

Over the following four years, the General Plan update process has included multiple community engagement opportunities, meetings with the Planning Commission and Town Council, and the following key milestones:
• On April 17, 2018, the Town Council established the General Plan Update Advisory Committee (GPAC) and identified initial guiding principles to support their work. • On July 9, 2018, after approval by the Town Council, the Town Manager executed an agreement with Mintier Harnish Planning Consultants for preparation of the General Plan update and Draft EIR.
• On October 30, 2018, the GPAC held its first meeting. • On March 15, 2019, the Background Report (available online here:
http://losgatos2040.com/documents.html) was released.

ATTACHMENT 8

PAGE 2 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
BACKGROUND (continued):
• On June 20, 2019, the GPAC reviewed the Issues, Opportunities, and Constraints Report (available online here: http://losgatos2040.com/documents.html). • On August 20, 2019, the Town Council adopted the General Plan Vision and Guiding Principles (available online here: http://losgatos2040.com/documents.html). • In December 2019, the Land Use Alternatives Report (available online here:
http://losgatos2040.com/documents.html) was released.
• On March 3, 2020, the GPAC started review and discussion of the initial drafts of individual elements of the General Plan.
• On April 7, 2020, the Town Council approved the Preferred Land Use Alternatives Framework (available online here: http://losgatos2040.com/documents.html). • On November 17, 2020, the Town Council discussed and provided direction on the Draft Land Use and Community Design Elements.
• On May 6, 2021, the GPAC recommended approval of the Draft 2040 General Plan (available online here: http://losgatos2040.com/documents.html).
• On June 18, 2021, the Draft 2040 General Plan was released for public review. • On July 31, 2021, the Draft EIR (available online here:
http://losgatos2040.com/documents.html) was released for public review. The public comment period ended on September 13, 2021.
• On September 20, 2021, the Town Council and Planning Commission held a Joint Study Session for discussion of the Draft 2040 General Plan.
• On November 19, 2021, the revised Notice of Completion and Availability was reissued along with a revised Chapter 4.15, Transportation, and Executive Summary of the Draft EIR (available online here: http://losgatos2040.com/documents.html) for a reopened public review period which ended on January 8, 2022.
• On December 7, 2021, the Town Council held a Study Session for discussion of housing growth options and related analyses for Planning Commission and Town Council consideration of the Draft 2040 General Plan.
• On March 24, 2022, the Final EIR was published online (available here:
http://losgatos2040.com/documents.html).

Over the course of two and a half years and 35 meetings, the GPAC worked with staff and the consultant to create an updated General Plan. The GPAC reviewed each General Plan Element to ensure a forward-looking document that is consistent and accessible. Each Element was considered over multiple meetings (between two and five GPAC meetings per Element) with the GPAC providing comments to staff and the consultant, and then further review and direction on the implementation of those comments in a revised draft of each Element. The Draft 2040 General Plan (previously provided and referenced here as Exhibit 1) is the result of this extensive work and outreach.

PAGE 3 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
BACKGROUND (continued):

Additional outreach activities conducted throughout the process have included: the Town’s website and weekly newsletter; social media posts; online engagement activities; newsletters; two in-person community workshops; numerous in-person and online community meetings; handouts and posters at the Library; information on the Town’s webpage; information in the email signature of Planning Division staff; a Town-wide mailer; and informational booths at the farmers market, the Library, Spring into Green, and Music in the Park.

DISCUSSION:

Through the General Plan update process, the GPAC has refined the goals of the update based on direction from Town Council at the start and at key points throughout the process. The initial direction from Town Council was that the 2020 General Plan was serving the Town well, and this update provides the opportunity for the Town to refine the General Plan, address emerging trends and recent State laws, and consider new issues. These emerging trends, recent State laws, and new issues included:
• Inclusivity: The need for inclusivity came to the forefront in 2020 and led to updates within every Element of the General Plan.
• Regional Housing Needs Allocation (RHNA): The expected State requirement that the General Plan provide opportunities for the approximately 2,000 residential units for the next Housing Element update lead to discussions of where and how those units should be accommodated. The housing allocation for our region has now been approved by the Association of Bay Area Governments (ABAG), with an allocation for the Town of Los Gatos of 1,993 housing units.
• Objective Standards: The need for objective standards, particularly for those areas of Town that are most likely to redevelop with new housing, became clear with new State laws limiting certain development project reviews to objective standards. • Safety Element and Fire Safety/Preparedness: A required review by the California Department of Forestry and Fire Protection (CalFire) for areas in the Very High Fire Hazard Severity Zones was required as part of this update.
• Vehicle Miles Traveled (VMT): A requirement for environmental review to consider VMT instead of Level of Service also led to a shift in the plan to emphasize a reduction of VMT and increase in mobility of all mode types.
• Sustainability: An ongoing interest in increasing sustainability efforts through Town actions, regulations, and coordination led to new and revised policies.

The most substantial changes in the Draft 2040 General Plan are:
• A new Racial, Social, and Environmental Justice Element; • Increased housing opportunities for mixed-use developments in commercial areas and missing middle housing in existing neighborhoods with design requirements;

PAGE 4 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):
• New Community Commercial land use designation;
• New Community Place Districts to provide more objective design standards and focus on community form (urban design) for all development;
• Shift in focus of transportation policies to street design, connectivity, and mobility for all users (bicycles, pedestrians, vehicles, etc.) to reduce VMT; • New goals in the Environment and Sustainability Element; and • Expanded policies to prepare for wildfire, climate change, and community health threats.

The increased housing opportunities are provided through changes in the maximum allowed densities and heights. The increases to the maximum allowed residential density are seen in most areas, excluding the hillsides, with a focus on the commercial, mixed-use, and medium/high density residential designations. This coincides with the location of the Community Place Districts, where the Draft 2040 General Plan also includes new design policies. The following table depicts the changes in density and height for all land use designations:

Density Range (du/ac) Maximum Height
Land Use Designations
Existing
General Plan
Draft
General Plan
Existing
General Plan
Draft
General Plan
Hillside Residential 0 to 1 0 to 1 30 25
Low Density Residential 0 to 5 1 to 12 30 30
Medium Density
Residential 5 to 12 14 to 24 30 35
High Density Residential 12 to 20 30 to 40 30 45
Mixed-Use 20 30 to 40 35 45
Neighborhood
Commercial
20 10 to 20
35 35
Community Commercial NA 20 to 30 35 45
Central Business District 20 20 to 30 45 45
Office Professional 20 30 to 40 35 35
Service Commercial NA 20 to 30 35 35
Light Industrial NA None 35 35
Public NA None NA 35
Open Space NA None NA 30
Agriculture NA 0 to 1 NA 30
Albright Specific Plan See Specific Plan No Change See Specific Plan No Change North Forty Specific Plan See Specific Plan No Change See Specific Plan No Change The following sections step through additional suggested modifications, as well as topics where additional information has been requested.

PAGE 5 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):

A. GPAC Recommendation
After the thorough work described above, on May 6, 2021, the GPAC recommended approval of the Draft 2040 General Plan. The discussion at this meeting also included a recommendation for some modifications to the Vision and Guiding Principles to better reflect the direction developed over the previous years’ work. These changes are shown in Exhibit 6 and summarized in Exhibit 7.

B. Housing Units
See information provided in the September 20, 2021 Joint Town Council and Planning Commission Study Session Staff Report, available online here:
https://www.losgatosca.gov/13/Agendas-Minutes.

When discussing the number of housing units that may be developed under this General Plan, it is important to understand the context for the different numbers under discussion.

In the Draft 2040 General Plan, on page 3-4, the General Plan Residential Buildout Table (3- 1) contains a calculation of how many units are projected to be developed over the 20-year timeframe of the Draft 2040 General Plan, if adopted without changes. The numbers in this table include:

New Housing on Vacant and Redeveloped Land 2,763 units
New Accessory Dwelling Units (ADUs) (25 per year) 500 units Existing Projects 475 units
Total 3,738 units
These numbers are frequently referenced in the public comments received and compared to the RHNA allocation, now confirmed by ABAG to be 1,993 housing units for the Town of Los Gatos. This is the allocation that the Town will need to include in the update of the Housing Element for the next eight-year period (2023-2031).

Unfortunately, this direct comparison can lead to confusion because of the following factors:
• The General Plan Residential Buildout Table is an estimate based on a 20-year timeline; • The General Plan Residential Buildout Table includes 475 residential units from existing projects, where most will have building permits issued prior to the start of the next Housing Element cycle, and therefore won’t be counted toward the 1,993 unit requirement;

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SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):
• The General Plan Residential Buildout Table includes 25 ADUs per year, which resulted in 500 units for the 20-year timeline, but only 200 over the eight-year RHNA cycle; and • The Housing Element will likely need to include capacity for at least a 15 percent buffer, above the 1,993 housing units, for a total of 2,292 housing units, in order to be certified by the California Department of Housing and Community Development (HCD).

When the Draft 2040 General Plan numbers above are modified to better account for the points listed above, the following is the result:

New Housing on Vacant & Redeveloped Land 2,763 units
New Accessory Dwelling Units (ADUs) (25 per year) 200 units Existing Projects 75 units
Total 3,038 units
This adjustment shows that thes projected development of 3,038 dwelling units can be compared to the required 1,993 housing units plus 15 percent buffer (2,292 units). The projected housing development under the 20-year General Plan is therefore 746 housing units greater than the expected need for the eight-year Housing Element need. As a result, the following information is provided for discussion and consideration for potential modifications that would reduce the development potential of the Draft 2040 General Plan, if desired.

Potential reductions in housing development capacity:
• Revert Low Density Housing designation housing density back to the existing 2020 General Plan level: 279 units;
• Revert Medium Density Housing designation housing density back to the existing 2020 General Plan level: 327 units;
• Remove housing from Office and Service Commercial designations: 313 units; • Revert properties in the new Community Commercial designation back to Neighborhood Commercial: 58 units;
• Reduce the allowed density in the Mixed-Use designation from 40 dwelling units per acre to 30 dwelling units per acre: 255 units;
• Reduce the allowed density in the High Density Residential designation from 40 dwelling units per acre to 30 dwelling units per acre: 111 units.

C. Community Engagement
Much of the public meetings and engagement activities of this process are listed in the Background section of this report. In response to a request from a Council Member, staff

PAGE 7 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):
has compiled some data to illustrate the efforts that the Town has employed to reach out to the community for input:
• 110 newspaper ads published about the General Plan update; • 433 social media posts across five platforms;
• 17,320 notice cards sent to all residents in Town for 2021 Community Meeting; • 26 pop-up tables at farmers market, library, or public events; • 7 presentations at community group meetings;
• 369 sign-ups to receive email notifications about the General Plan update; • 538 unique searches for "Los Gatos General Plan Update" or closely related in Google; and
• 29,343 unique visitors to the Los Gatos General Update website since June 2021. Of the unique visitors, 92 percent originated in the United States.

D. Missing Middle Housing
In the Draft 2040 General Plan the term Missing Middle Housing is defined as, “a term used to describe multiple units on a single parcel (whether attached or detached) that are compatible in scale and form with detached single-family homes. Common housing types include: duplexes; triplexes; fourplexes; courtyard apartments; cottage courts; townhomes; triplex stacked (vertical); and live-work spaces.”
In response to direction from Town Council, the following alternative definitions of Missing Middle Housing are provided for consideration:
• Missing Middle Housing is a range of house-scale buildings with multiple units - compatible in scale and form with detached single-family homes - located in a walkable neighborhood. (missingmiddlehoususing.com)
• “Missing middle housing” refers to small-scale multi-family housing that can range from duplexes to townhouses to smaller apartment buildings that are compatible with walkable neighborhoods. Dan Parolek of Opticos Design coined the term “missing middle” in 2010 and created this website (missingmiddlehousing.com) to explain the term, provide basics about the market, describe its characteristics, and provide guidance for creating middle housing. (abag.ca.gov)
• Missing middle housing describes a range of multi-family or clustered housing types that are compatible in scale with single-family or transitional neighborhoods. Missing middle housing is intended to meet the demand for walkable neighborhoods, respond to changing demographics, and provide housing at different price points. The term "missing middle" is meant to describe housing types that were common in the pre-WWII United States such as duplexes, rowhomes, and courtyard apartments, but are now less common and, therefore, "missing." Rather than focusing on the number of units in a

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SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):
structure, missing middle housing emphasizes scale and heights that are appropriate for single-family neighborhoods or transitional neighborhoods. After the introduction of the term in 2010, the concept has been applied in the United States, Canada, and Australia. (wikipedia.org)
In addition to consideration of potential modifications to the definition of Missing Middle Housing, any discussion of reducing the housing density allowed in the Low Density Residential designations should include a discussion of the removal of this concept from the Draft 2040 General Plan, given that the density changes in these areas are the factor that would allow for potential Missing Middle Housing.

E. Senate Bill 9
California Senate Bill 9 (SB 9) requires ministerial (staff-level) approval of certain housing development projects and lot splits on a single-family zoned parcel. SB 9 was passed by the California Legislature on September 1, 2021, signed into law by Governor Newsom on September 16, 2021, and took effect January 1, 2022.

On December 21, 2021, Town Council adopted an Urgency Ordinance to implement SB 9 with local objective standards, and on February 1, 2022, Town Council adopted an extension of that Urgency Ordinance. A permanent ordinance will be adopted before the end of the year.

While there is potential that the new residential units that will be created as a result of SB 9 can be counted toward meeting the required housing units, at the time of the preparation of this report, only one application has been received under the SB 9 regulations, and so there are no data at this time to support specific housing production under this program.

F. Plan Timeframe
The development of the Draft 2040 General Plan was based on a 20-year timeframe as stated in the consultant contract, approved by Town Council in June, 2018. However, the Draft 2040 General Plan also includes Land Use Implementation Program J:

Ten-year General Plan Review
The Town shall conduct a thorough review of the General Plan every ten years from the date of final approval, and revise and update as necessary. This review can include the following:
• Modify, add, or delete goals, policies, or programs to reflect notable changes in the Town over the previous period;

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SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):
• Remove or modify programs that have been completed or require additional time; • Modify or add new goals, policies, or programs to reflect changing needs within the Town; and
• Modify to reflect applicable changes in State law.

Staff suggests an additional Implementation Program to review the Land Use Element every five years and include a fiscal analysis, as noted in Exhibit 7.

G. Declining California Population
In response to a request from a Council Member, staff has looked into recent news articles that state that California's population has estimated to have fallen over the last two years.

Population estimates from the U.S. Census are in the following table:

California Santa Clara County
Year Population
estimate
Percent
Change
Year Population
estimate
Percent
Change
July 1, 2019 39,512,223 July 1, 2019 1,927,852
July 1, 2020 39,499,738 -0.316 July 1, 2020 1,930,598 +0.142 July 1, 2021 39,237,836 -0.665 July 1, 2021 1,885,508 -2.33 2022 Not available 2022 Not available
When looking at changes over these three years, especially with ongoing changes in the status of the COVID-19 Pandemic, it is difficult to determine if these are indications of new trends or if the changes are temporary.

H. Suggestions From Public Comments
Many of the verbal and written comments received on this Draft 2040 General Plan have been supportive of the proposed changes especially on the following topics:
• Environmental protection and sustainability, including plant-based eating; • Diverse housing types, including increased density, affordable housing, and Missing Middle Housing, so that people who work here can live here; • Racial equity and inclusivity;
• Non-auto related mobility and decreases in VMT; and
• Emergency preparedness, especially for wildfires.

However, the Planning Commission may consider including changes as part of their recommendation on the Draft 2040 General Plan to Town Council. The Planning

PAGE 10 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):

Commission may consider changes recommended in this report, from public comments, and/or from its own review and deliberation.

To assist in this discussion, the written public comments on the Draft 2040 General Plan received between 11:01 a.m. on Thursday, May 6, 2021 (final GPAC meeting) and 11:00 a.m. on Monday, September 20, 2021, were provided with the September 20, 2021 Joint Town Council and Planning Commission Study Session Staff Report materials, and are provided again here as Exhibit 9. Written comments received on the Draft EIR are included, with responses to comments, in the Final EIR, as noted above. All written public comments on the Draft 2040 General Plan received between 11:01 a.m. on Monday, September 20, 2021, and 11:00 a.m. on Thursday, April 7, 2022, are included as Exhibit 10 to this staff report.

The comments generally fall into numerous categories, including:
• Policy on plant-based diets is not enough to ensure education on health and environmental benefits;
• Objections to the number of new housing units, and why it is over the RHNA requirement;
• Traffic, parking, and infrastructure impacts of additional housing; • Adequacy of utilities (water and electricity) for additional housing; • Impacts on schools from additional housing;
• People won’t actually use alternative modes of transportation; • Safety in the case of wildfires, including impacts on evacuations; • Impacts on public safety from additional housing;
• Lack of citizen input in this plan and in future development; • Air quality impacts from additional residents;
• Impacts on local businesses from traffic congestion;
• Impacts on quality of life of current residents;
• Increased density in Low Density Residential areas to allow duplexes, triplexes, and fourplexes;
• More housing will be built than is estimated in the buildout table; • Not enough housing will actually get built;
• Plan is too vague and should be more detailed;
• Lack of mass transit in Town;
• Choice to not appeal RHNA number;
• Protection of views of the hills;
• Should Council make the decision, or should it be made by the voters; and • Allow more density and height and less parking to encourage affordable housing and mixed-use developments.

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SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
DISCUSSION (continued):

The specific suggestions received were so numerous that they have been compiled in Exhibit 7 and numbered with staff comments and recommendations for each shown in italics for ease of discussion and reference.

I. Safety Element Review by Board of Forestry
State Law requires that any General Plan or Housing Element update conducted after January 1, 2014, include review and update of the Safety Element to address the risk of fire for land classified as very high fire hazard severity zones (VHFHSZ’s) [Gov. Code, § 65302, subd. (g)(3)]. This review by CalFire must be conducted prior to adoption of those updated Elements. As a result, once the Draft 2040 General Plan was published for review in June 2021, CalFire staff reviewed the three Elements that contain applicable policies: the Community Design Element; the Public Facilities, Services, and Infrastructure Element; and the Hazards and Safety Element. As a result of this review, modifications were required by CalFire. The changes are summarized in Exhibit 7 and the affected pages of these three Elements are included as Exhibit 8, with changes shown in strike through and underlined.

California Board of Forestry reviewed the Draft 2040 General Plan with modifications recommended by CalFire staff and recommended approval on November 2, 2021.

J. Additional Staff Recommended Changes
In addition to the potential changes identified earlier in this report by the GPAC and staff, suggested by the public, and requested by CalFire, Town staff from the Parks and Public Works Department has several additional recommended changes for consideration before adoption of the 2040 General Plan. These are listed in Exhibit 7.

ENVIRONMENTAL REVIEW:

A Notice of Completion and Availability of the Draft EIR (previously provided and referenced here as Exhibit 2) for the project was circulated for 45 days commencing on July 30, 2021, and concluding on September 13, 2021 at 5:00 p.m. Written comments were received by the Community Development Department. A Planning Commission public hearing to receive oral comments was held during the review period on September 8, 2021.

During the review of commentary and the preparation of the Final EIR, the Town became aware of a procedural error in the original Notice of Completion and Availability and also noted that Appendix C erroneously included a draft rather than a final Transportation Analysis.

Additionally, Chapter 4.15, Transportation, of the EIR was revised to elaborate on transit impacts and cumulative VMT impacts. Even though the content changes were minor, the Town

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SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
ENVIRONMENTAL REVIEW (continued):
believed to provide maximum clarity, it was important to recirculate the Transportation Analysis of the Draft EIR and its Appendix, as well as the Executive Summary which includes a summary of transportation impacts (previously provided and referenced here as Exhibit 3).

Accordingly, the Town of Los Gatos reissued the Notice of Completion and Availability of the Draft EIR, and formally recirculated Chapter 4.15, Transportation and Appendix C, Transportation Analysis for the Draft EIR, as well as the Executive Summary.

The reopened public review period ran from Friday, November 19, 2021, to at 5:00 p.m. on Friday, January 7, 2022. A public hearing to receive comments on the revised Draft EIR was held on December 8, 2021. During this additional 45-day public review period, written comments were received and are included, along with response to all comments from the initial comment period, in the Final EIR (previously provided and referenced here as Exhibit 3).

The analysis of the Draft EIR identified significant and potentially significant impacts in the following environmental issue areas:
• Air Quality;
• Cultural Resources;
• Geology and Soils;
• Greenhouse Gas Emissions;
• Noise; and
• Transportation.

Mitigation measures are proposed in all of these subject areas. Not all of the potential impacts could be mitigated to a less than significant level and therefore, the following topic areas were found to have significant unavoidable impacts: Greenhouse Gas Emissions; and Transportation.

When the Lead Agency finds that there are impacts that are significant and unavoidable, CEQA requires preparation of Findings of Fact and a Statement of Overriding Considerations (Exhibit 5). The Planning Commission should make a recommendation on the Final EIR to the Town Council who is the deciding body on both the Final EIR and the Draft 2040 General Plan.

PUBLIC COMMENTS:

Written comments received between 11:01 a.m., Thursday, May 6, 2021, and 11:00 a.m., Monday, September 20, 2021, were provided with the written staff report materials for the September 20, 2021 Town Council and Planning Commission Joint Study Session, and are provided again here as Exhibit 9. Written comments received on the Draft EIR are included, with responses to comments, in the Final EIR, as noted above. Written comments received between 11:01 a.m., Monday, September 20, 2021, and 11:00 a.m., Thursday, April 7, 2022, are included as Exhibit 10.

PAGE 13 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
CONCLUSION:

The 2040 Draft General Plan is a result of the Town Council’s direction to update the existing 2020 General Plan to address emerging trends and recent State laws, and consider new issues relevant to the Town.

Over the course of two and a half years and 35 meetings, the GPAC worked with staff and the consultant to create an updated General Plan. The GPAC reviewed each General Plan Element to ensure a forward-looking document that is consistent and accessible. Each Element was considered over multiple meetings (between two and five GPAC meetings per Element) with the GPAC providing comments to staff and the consultant, and then further review and direction on the implementation of those comments in a revised draft of each Element. The Draft 2040 General Plan is the result of this extensive work and outreach.

All additional comments received on the Draft 2040 General Plan are included as Exhibits 8 and

9. The Final EIR, which includes all comments received on the Draft EIR as well as the responses to the comments and any changes to the EIR is referenced as Exhibit 4.

In conclusion, based on the GPAC's recommendation, staff recommends that the Planning Commission:
• Received and consider public comments;
• Complete the review of the Draft 2040 General Plan;
• Consider the Final EIR;
• Provide input on any additional recommended modifications to the Draft 2040 General Plan; and
• Forward the Draft 2040 General Plan and Final EIR to the Town Council with a recommendation to approve the Draft 2040 General Plan and certify the Final EIR.

NEXT STEPS:

The final step in the General Plan update process is consideration by Town Council of the Draft 2040 General Plan and Final EIR, including consideration of recommendations from the GPAC and Planning Commission, and additional comments from the public.

EXHIBITS:

Exhibits previously provided (available online here: http://losgatos2040.com/documents.html):

1. Draft 2040 General Plan

2. Draft EIR

3. Revised NOA and Transportation section

4. Final EIR

PAGE 14 OF 14
SUBJECT: Draft 2040 General Plan and Final EIR
DATE: April 7, 2022
EXHIBITS (continued):

Exhibits received with this report:

5. Draft Findings of Fact and Statement of Overriding Considerations

6. GPAC Recommended Changes to the Vision and Guiding Principles

7. Modifications Proposed in Public Comment

8. Board of Forestry Recommended Changes

9. Public Comments received between 11:01 a.m., Thursday, May 6, 2021, and 11:00 a.m.

Monday, September 20, 2021

10. Public Comments received between 11:01 a.m., Monday, September 20, 2021, and 11:00 a.m. on Thursday, April 7, 2022

EXHIBIT 5
2040 General Plan
Draft Findings of Fact and Statement of Overriding
Considerations
prepared by
Town of Los Gatos
Planning Division, Department of Community Development
110 East Main Street
Los Gatos, California 95030
Contact: Jennifer Armer, Planning Manager
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
March 2022

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
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Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
1 Introduction
A Draft Environmental Impact Report (Draft EIR) was prepared for the 2040 General Plan (project), was made available for public review on July 30, 2021, and was distributed to local and State agencies. Copies of the Notice of Availability of the Draft EIR were mailed to a list of interested parties, groups, and public agencies. The Draft EIR and an announcement of its availability were posted electronically on the Town’s website, and a paper copy was available for public review at the Los Gatos Public Library. The Notice of Availability of the Draft EIR was also posted at the office of the Santa Clara County Clerk.

After the close of the first comment period on the Draft EIR, the Town became aware of a procedural error in the original Notice of Completion and Availability and noted that Appendix C erroneously included a draft rather than a final Transportation Analysis. The Town reopened the public comment period on the Draft EIR for an additional 45-day period and provided an updated Notice of Availability with the statutory language required under California Environmental Quality Act (CEQA) Guidelines section 15087. As part of this reopened comment period, Chapter 4.15, Transportation, of the Draft EIR was revised to elaborate on transit impacts and cumulative Vehicle Miles Traveled (VMT) impacts. The Town recirculated the revised Transportation section and its Appendix, as well as the Executive Summary which includes a summary of transportation impacts. No other sections of the Draft EIR were revised. This second comment period extended from November 15, 2021, to January 7, 2022.

After close of the Recirculated Draft EIR public review and comment period, a Final EIR consisting of responses to comments and changes to the Draft EIR was completed, which was released to the public on March_____________, 2022. The Planning Commission held a public hearing on ___________, 2022, and prepared a recommendation to the Town Council regarding certification of the Final EIR and action on the project, and the Town Council held a public hearing on _________ and determined to certify the Final EIR and to approve the project.

The Findings of Fact (Findings) and Statement of Overriding Considerations (SOC) presented herein address the environmental effects associated with the project that are described and analyzed within the Final EIR, reflecting the Council’s determinations about feasible mitigation measures, the adequacy of the Final EIR, and about the project. These Findings have been made pursuant to CEQA (California Public Resources Code Section 21000 et seq.), specifically Public Resources code Section 21081 and 21081.6, as well as the CEQA Guidelines (14 CCR 15000 et seq.) Sections 15091 and 15093.

Public Resources Code Section 21081 and CEQA Guidelines Section 15091 require that the Town of Los Gatos (Town) as the Lead Agency for this project, prepare written findings for any identified significant environmental effects along with a brief explanation of the rationale for each finding. Specific findings under CEQA Guidelines Section 15091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Further, in accordance with Public Resources Code Section 21081 and CEQA Guidelines Section 15093, whenever significant effects cannot be mitigated to below a level of significance, the Town as the decisionmaking agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable,” in which case the Lead Agency must adopt a formal SOC.

The Final EIR identified potentially significant environmental effects that could result from the project, but could be reduced to a less-than-significant level through implementation of mitigation measures. Those effects were related to air quality (impacts related to construction air pollutants and odors), cultural and tribal cultural resources (potential for impacts on previously unidentified historical and archaeological resources), geology and soils (potential for a paleontological impacts), and noise (impacts related to project construction noise and vibration). A significant and unavoidable (unmitigable) cumulative impact associated with greenhouse gas emissions and transportation (impacts related to transit and VMT) were identified due to lack of feasible mitigation measures, and thus a SOC is required. 2 Project Description
The 2040 General Plan is a comprehensive update of the Town’s 2020 General Plan and establishes the community’s vision for future development of the Town over the next 20 years. As part of the General Plan update process, the 2040 General Plan has been reorganized and reformatted, with updated goals and policies that reflect the community’s vision of Los Gatos. The Town’s General Plan Land Use Map has also been updated to reflect the community’s vision and three themes that thread through the 2040 General Plan: growth management; sustainability and resiliency; and community health and well-being.

State law (Government Code Sections 65300 through 65303.4) sets forth the requirement for each municipality to adopt and periodically update its General Plan and sets the requirement that a General Plan include the following eight mandatory subject areas, or “elements”: Land Use; Circulation; Housing; Open Space; Conservation; Noise; Safety; and Environmental Justice. State law also allows for optional elements that can be organized or combined at the Town’s discretion. As described below, the 2040 General Plan has been organized into the following eight updated elements: Community Design; Environment and Sustainability; Hazards and Safety; Land Use; Mobility; Open Space, Parks, and Recreation; Public Facilities, Services, and Infrastructure; and Racial, Social, and Environmental Justice.

Together, these elements, along with the 2015-2023 Housing Element, cover all topics required to be included in a General Plan under State law, as described above. Each element describes the existing conditions and context for its related topic areas, followed by goals, policies, and implementation programs to guide the Town’s management and development through 2040.

The 2040 General Plan would emphasize infill and reuse development within the Town limits with a focus on increasing opportunities for housing development in key areas of the Town through increased density and mixed-use projects where appropriate. New development would occur primarily where existing roads, water, and sewer are in place and in a manner that would minimize the impact of development on existing infrastructure and services.

The 2040 General Plan also provides the policy framework to guide future development toward land uses that support walking and biking. The 2040 General Plan places a greater emphasis on reestablishing more complete neighborhood areas that meet the daily needs of residents to be located within a one-mile distance. Focus areas for growth in Los Gatos, called Community Place Districts, include Pollard Road,

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Winchester Boulevard, Lark Avenue, Los Gatos Boulevard, Union Avenue, Harwood Road, North Santa Cruz Avenue, and Downtown.
3 Project Objectives
The 2040 General Plan presents a vision for the future of Los Gatos and a set of guiding principles for how the Town will achieve that vision. This vision and guiding principles capture the Town’s key values and aspirations for the future. They reflect the collective ideas from community members and Town leaders that provided input to help shape the 2040 General Plan.

Among the central objectives of the 2040 General Plan are to achieve the Regional Housing Needs Allocation (RHNA) goal of approximately 2,000 dwelling units developed by the Association of Bay Area Governments additional. Accordingly, Los Gatos used the RHNA numbers as a predictor of the housing needed to meet future demands. This focused the Town to reevaluate and plan for a more diverse housing mix for a changing population. Proactively planning for the anticipated land use changes and ensuring growth is sustainable over the next 20 years is a priority of this General Plan and the community.

The 2040 General Plan vision for the future is as follows:

The Town of Los Gatos is a welcoming, family‐oriented, and safe community nestled in the beautiful foothills of the Santa Cruz Mountains. The Town is a sustainable community that takes pride in its small‐town character and provides a range of housing opportunities, historic neighborhoods, local culture and arts, excellent schools, and a lively and accessible downtown. Los Gatos offers a choice of mobility options, superior public facilities and services, and an open and responsive local government that is fiscally sound. Los Gatos has a dynamic and thriving economy that includes a mix of businesses throughout Town that serves all residents, workers, and visitors.

The 2040 General Plan guiding principles are contained in the 2040 General Plan Introduction and listed below:
▪ Community Vitality. Invigorate downtown Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors. Foster the economic vitality of all Los Gatos business locations. Preserve and enhance the Town's historic resources and character while guiding the community into the future.
▪ Diverse Neighborhoods. Foster appropriate investments to maintain and enhance diverse neighborhoods, housing opportunities, and infrastructure to meet the needs of all current and future residents.
▪ Fiscal Stability / Responsibility. Provide high quality municipal services to the Los Gatos community while sustaining the Town's long-term fiscal health.
▪ Government Transparency. Conduct governmental processes in an open manner and encourage public involvement in Town governance.
▪ Inclusivity. Recognize the importance of and promote ethnic, cultural, and socio‐economic diversity and equity to enhance the quality of life in Los Gatos. ▪ Mobility. Provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
▪ Promote Public Safety. Maintain and enhance Los Gatos as a safe community through preparation and planning, education, and community design that is responsive to the full range of potential natural and man‐made hazards and safety issues.
▪ Protect Natural Resources. Protect the natural resources and scenic assets that define Los Gatos, including open space preserves, recreational trails, surrounding hillsides, and natural waterways. ▪ Sustainability. Manage, conserve, and preserve Los Gatos' natural environment for present and future generations. Identify and provide opportunities to enhance the Town' s sustainability policies and practices.

These objectives have been considered in preparing the findings and statement of overriding considerations contained herein.
4 Findings of Fact
Having received, reviewed, and considered the information in the Final EIR for this project, as well as the supporting administrative record, the Town of Los Gatos makes findings pursuant to, and in accordance with, Sections 21081, 21081.5, and 21081.6 of the Public Resources Code.

4.1 Environmental Effects Found Not to be Significant
Through project scoping and the environmental analysis contained within the Final EIR, it was determined that the project would not result in potentially significant effects on the environment with respect to aesthetics, agricultural and forestry resources, energy, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, utilities and service systems, and wildfire. No further findings are required for these subject areas.

4.2 Findings for Significant but Mitigated Effects
The following findings are hereby made by the Town of Los Gatos Town Council for the significant environmental effects identified in the EIR related to air quality (impacts related to construction air pollutants and odors), cultural resources (potential for impacts on previously unidentified historical and archaeological resources), geology and soils (potential for a paleontological impacts), and noise (impacts related to project construction noise and vibration).

Air Quality
Impact AQ-2: Development facilitated by the 2040 General Plan would result in the temporary generation of air pollutants during construction, which may contribute to existing air quality violations in the Basin. Therefore, impacts would be less than significant with mitigation.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a mitigation monitoring and reporting program (MMRP) that is to be adopted concurrently with these findings.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
AQ-1 Construction Emissions Reductions. New discretionary projects in the General Plan Area that exceed the construction screening criteria of the Bay Area Air Quality Management District (BAAQMD) shall be conditioned to reduce construction emissions of reactive organic gases, nitrogen oxides, and particulate matter (PM10 and PM2.5) by implementing the BAAQMD’s Basic Construction Mitigation Measures (described below) or equivalent, expanded, or modified measures based on project and site-specific conditions.

Basic Construction Mitigation Measures:

All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, with priority given to the use of recycled water for this activity when feasible.

All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.

All vehicle speeds on unpaved roads shall be limited to 15 mph.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.

A publicly visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Impacts would be less than significant with implementation of Mitigation Measure AQ-1 to require the BAAQMD Basic Construction Measures for all projects.

Impact AQ-4: The light industrial development allowed in the 2040 General Plan may create objectionable odors that could affect a substantial number of people. Impacts related to odors would be less than significant with mitigation.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
AQ-2 AQ-2 Odor Reduction. Land Use Element Policy LU-11.5 Industrial Compatibility shall be updated in the 2040 General Plan to read:

Require that industrial projects be designed to limit the impact of truck traffic, air, odor, and noise pollution on adjacent sensitive land uses.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Impacts would be less than significant with implementation of Mitigation Measure AQ-2 to update General Plan Policy LU-11.5 to include limitation of odors.

Cultural and Tribal Cultural Resources
Impact CUL-1: Development facilitated by the 2040 General Plan would have the potential to impact historical resources and unique archaeological resources. Impacts would be potentially significant but mitigable.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

CR-1 Cultural Resources Study Implementation. If a project requires activities that have the potential to impact cultural resources, the Town shall require the project applicant or proponent to retain a qualified archaeologist meeting the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in archaeology and/or an architectural historian meeting the SOI PQS standards in architectural history to complete a Phase 1 cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural resources inventory shall include a pedestrian survey of the project site and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research shall include a records search conducted at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC). The technical report documenting the Phase 1 cultural resources inventory shall include recommendations to avoid or reduce impacts to cultural resources. These recommendations shall be implemented and incorporated in the project.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). The implementation of Mitigation Measure CR-1 would reduce impacts to historical and unique archeological resources to a less than significant level by requiring cultural resource studies for projects within the Town and SOI and implementation of further requirements to avoid or reduce impacts to such resources on a project-by-project basis.

Geology and Soils
Impact GEO-5: Development facilitated by the 2040 General Plan has the potential to result in impacts to paleontological resources. Impacts would be less than significant with mitigation incorporated.

Mitigation Measure:

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

GEO-1 Paleontological Resource Studies. The Town shall require paleontological resource studies for projects that involve ground disturbance in project areas mapped as high paleontological sensitivity at the surface or subsurface determined through environmental review. Additionally, in the event that a paleontological resource is disclosed, construction activities in the area shall be suspended, a qualified paleontologist shall be retained to examine the site, and protective measures shall be implemented to protect the paleontological resource.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Compliance with Mitigation Measure GEO-1 and the 2040 General Plan goals and policies would ensure that construction impacts related to paleontological resources and unique geologic features would be less than significant.

Noise
Impact N-1: Construction of individual projects facilitated by the 2040 General Plan would temporarily generate increased noise levels, potentially affecting nearby noisesensitive land uses. Provisions in the Los Gatos Town Code and 2040 General Plan policies would limit noise disturbance to the extent feasible. Construction noise may still exceed noise standards temporarily, but exceedances would not be substantial and impacts would be less than significant with mitigation.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

N-1 Construction Noise Reduction. For projects involving construction equipment that are located within 25 feet of noise-sensitive receptors the following mitigation would be required:
▪ Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noisesensitive receptors. ▪ Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.
▪ Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.
▪ Additional Noise Attenuation Techniques. During the clearing, earth moving, grading, and foundation/conditioning phases of construction, temporary sound barriers shall be installed and maintained between the construction site and the sensitive receptors. Temporary sound barriers shall consist of sound blankets affixed

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
to construction fencing or temporary solid walls along all sides of the construction site boundary facing potentially sensitive receptors.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). N-1 would reduce construction noise. Combined with Los Gatos Town Code requirements, which requires most construction noise to be below 85 dBA and occur during daytime, when most people are awake or away from residences at work, impacts would be reduced to less than significant.

Impact N-3: Construction of individual projects facilitated by the 2040 General Plan could temporarily generate groundborne vibration, potentially affecting nearby land uses.

Compliance with the Los Gatos Town Code would limit vibration disturbance on residential receptors and hotels where sleeping receptors could be present. Impacts would be potentially significant but mitigable.

Mitigation Measure:

Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in a MMRP that is to be adopted concurrently with these findings.

N-2 Construction Vibration Reduction. The Town shall include the following measures as standard conditions of approval for applicable projects involving construction to minimize exposure to construction vibration:

1. Avoid the use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration.

2. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006).

3. Notify neighbors of scheduled construction activities that would generate vibration.

Finding:

Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. (Section 15091(a)(1)). Implementation of Mitigation Measure N-2 would reduce potential impacts to a less than significant level.

4.3 Findings for Significant and Unavoidable Effects
Public Resources Code 21081and 21081.5, and CEQA Guidelines Section 15093, require that the Town of Los Gatos balance the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining to approve a project. And if specific economic, legal, social, technological, or other benefits outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” A project’s environmental impacts are “cumulatively considerable” if the “incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects” (CEQA Guidelines Section 15065[a][3]). Significant and unavoidable impacts associated with greenhouse gas emissions and

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
transportation (impacts related to transit and VMT) were identified for the project. The following findings and statement of overriding considerations outlines the specific reasons to support the Town of Los Gatos recommendation for approval of the project.

Greenhouse Gas Emissions
Significant and Unavoidable Cumulative Impact GHG-1: Implementation of 2040 General Plan would generate annual GHG emissions of approximately 323,446 MT of CO2e per year, or

5.29 MT of CO2e per service person per year, in 2040. This would exceed the 2040 efficiency threshold of 1.02 MT of CO2e per service person per year. Even with implementation of mitigation, GHG emissions would not be reduced to below the efficiency threshold. Therefore, impacts would be significant and unavoidable.

Mitigation Measure:

GHG-1 Implement Community GHG Emissions Reduction Measures. Los Gatos shall implement the following GHG emissions reduction measures by sector:

ENERGY (EN)
▪ Measure EN1: Adopt an ordinance requiring new commercial construction to be all-electric or otherwise operationally carbon neutral by 2025: Adopt a new building ordinance which bans the installation of natural gas in new commercial construction by 2025 and requires new commercial buildings to install all-electric equipment or otherwise be operationally carbon neutral. Support this action by conducting outreach and education to local developers about the benefits and resources associated with building carbon neutral buildings. ▪ Measure EN2: Identify and partner with stakeholders to conduct electrification outreach, promotion, and education: Leverage partnerships with stakeholders to conduct outreach, promotion, and education around new and existing building electrification. ▪ Measure EN3: Develop a Community-wide Existing Residential Building Electrification Plan (EBEP): Support community-wide existing building electrification through the development of an EBEP that addresses the feasibility, timeline, equity concerns, local stakeholder involvement, costs, funding pathways, and implementation for electrifying existing residential buildings in Los Gatos.
▪ Measure EN4: Electrify existing residential buildings beginning in 2023: Adopt an electrification ordinance for existing residential buildings to transition natural gas to electric in two phases, to be implemented through the building permit process:
o Phase I: Limit expansion of natural gas lines in existing buildings by 2023. o Phase II: Require HVAC system replacements and hot water heaters replacements to be all-electric by 2023.
▪ Measure EN5: Identify and partner with stakeholders to develop resident-level funding pathways for implementing an electrification ordinance: Leverage partnerships with stakeholders and establish funding pathways to ease community members’ costs when complying with the electrification ordinance, including:
o Pass a transfer tax ordinance and provide a rebate for electric panels and/or other upgrades; and
o Partner with PG&E, SVCE, and/or other stakeholders to create or expand electrification/retrofit programs and incentives, especially for low-income residents.

These could include the PACE program, PG&E’s low-income weatherization. program, tariffed on-bill financing, metered energy efficiency, or others.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
▪ Measure EN6: Decarbonize municipal buildings by 2040: Adopt a municipal building energy decarbonization plan to decarbonize municipal building energy operations by 2040. This plan would include a new building electrification policy as well as an existing building natural gas phase-out policy.
▪ Measure EN7: Coordinate with stakeholders to provide local energy generation support and incentives for the community: Partner with PG&E, SVCE, and/or other stakeholders to support and incentivize local on-site energy generation and storage resources within the community. ▪ Measure EN8: Develop an EV Readiness Plan to Support Installation of 794 Chargers by 2030:

Develop an EV Readiness Plan that supports the installation of 794 chargers (at least 160 of which would be public chargers) and a 30 percent EV share of registered passenger vehicles in Los Gatos by 2030. This plan should establish a path forward to increase EV infrastructure within the Town, promote equitable mode shift to EVs, and identify funding for implementation of public charging infrastructure in key locations. In conjunction with an EV Readiness Plan, conduct a community EV Feasibility Study to assess infrastructure needs and challenges, particularly in frontline communities.
• Measure EN9: Increase privately owned EV charging infrastructure: Amend the Town’s Building Code and Local Reach Code to require the following:
o EV capable attached private garages for new single-family and duplex residential development;
o 20 percent EV capable charging spaces and panel capacity for new multi-family residential development;
o 20 percent EV capable charging spaces for new commercial development; and o At least 1 percent working chargers for all new development and major retrofits. • Measure EN10: Increase Town-owned and publicly accessible EV charging infrastructure: Work with public and private partners to ensure there are sufficient publicly accessible DCFC and Level 2 EV chargers around the Town by 2030, with a focus on providing access to low-income households and affordable housing. Install new publicly accessible EV chargers at Town-owned facilities.

Develop and implement a fee for use of Town-owned chargers to encourage efficient use and turnover, especially for those without home charging capability. • Measure EN11: Identify and partner with stakeholders to develop EV-related rebates:

Investigate partnerships with public and private partners for rebates on at-home electric circuits, panel upgrades, and Level 2 chargers, with a focus on supporting EV purchases for low-income households in frontline communities.
• Measure EN12: Encourage EV adoption and infrastructure improvements: Conduct outreach, promotion, and education to encourage EV adoption and infrastructure improvements. This would include the following:
o Providing education and outreach to the community on the benefits of ZEVs, availability of public charging, and relevant rebates and incentives available for businesses and residents; and
o Working with major employers to provide EV charging for employees and encourage EV adoption among employees.

TRANSPORTATION (TR)
• Measure TR1: Implement Full Recommended Buildout of the Bicycle and Pedestrian Master Plan (BPMP): Fully implement the BPMP and add 23.2 new miles of bike network by 2035 to achieve 6 percent bicycle mode share by 2035.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
• Measure TR2: Identify and partner with stakeholders to conduct outreach, promotion, and education: Leverage partnerships with stakeholders to conduct ongoing outreach, promotion, and education around active transportation in Los Gatos. This could include:
o Establishing Town-wide events or programs that promote active transportation in the community;
o Regularly updating the Town’s Bicycle and Pedestrian Network Map and sharing through Town and stakeholder partnership platforms;
o Supporting local bike groups in hosting workshops and classes on bike riding, safety, and maintenance by certified instructors;
o Instituting car-free days downtown, potentially coupled with other large and regular events; or
o Consolidating a list of local employer-provided bicycle parking, lockers, showers, and incentives as a demonstration tool for other interested employers. • Measure TR3: Facilitate a bike share program: Conduct a bike share pilot program and facilitate full implementation of a bike share program within the Town. • Measure TR4: Establish parking meter rates and invest in transportation improvements:

Establish parking meter rates, considering dynamic parking pricing in the downtown area.

Allocate a designated portion of paid parking revenue to investing in TDM strategies that will ensure cost-effective downtown access by improving transit, bicycle facilities, and create incentives for people to avoid driving.
• Measure TR5: Improve curbside management: Improve curbside management, including updating the municipal code to require active loading only, prohibit double parking, define locations for additional loading zones, and design loading zone signage. • Measure TR6: Require transportation system management for new construction: Draft and implement a Transportation System Management Plan (TSMP) ordinance for new construction to allow the Town to shift travel behavior away from single-occupancy vehicles. Ensure telecommuting is an optional trip reduction strategy.
• Measure TR7: Eliminate parking minimums for developments: Remove parking minimums and establish parking maximums.

WASTE (WS)
• Measure WS1: Require residential and commercial organic waste collection consistent with SB 1383 requirements: Work with local waste haulers and other community partners to expand organic waste collection capacity. Pass an ordinance by 2022 requiring residential and commercial organics generators to subscribe to organics collection programs or alternatively report organics self-hauling and/or backhauling. Allow limited waivers and exemptions to generators for de minimis volumes and physical space constraints and maintain records for waivers/exemptions. • Measure WS2: Require edible food recovery consistent with SB 1383 requirements: Adopt an edible food recovery ordinance or similarly enforceable mechanism to ensure edible food generators, food recovery services, and food recovery organizations comply with requirements to increase recovery rates.

Finding:

Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Facts in Support of Finding:

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
The goals, policies, and implementation measures in the 2040 General Plan are designed to reduce GHG in Los Gatos through infill development, higher-density and mixed-use development, and trip reduction measures. However, even with implementation of these GHG reduction measures would exceed the 2040 efficiency threshold of 1.02 MT of CO2e per service person per year. There are no other feasible mitigation measures available and impacts would be significant and unavoidable.

Significant and Unavoidable Cumulative Impact GHG-2: The proposed 2040 General Plan emissions during construction and operation would exceed the State and Town-derived GHG emission targets. Therefore, the proposed 2040 General Plan would conflict with the goals of the CARB 2017 Scoping Plan, SB 32, and EO B-55-18. Therefore, impacts would be significant and unavoidable with mitigation.

Mitigation Measure:

See Mitigation Measure MM GHG-1 under Impact GHG-1.

Finding:

Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Facts in Support of Finding:

The goals, policies, and implementation measures in the 2040 General Plan are designed to reduce GHG in Los Gatos through infill development, higher-density and mixed-use development, and trip reduction measures. However, the proposed 2040 General Plan would conflict with the goals of the CARB 2017 Scoping Plan, SB 32, and EO B-55-18. There are no other feasible mitigation measures available and.

Impacts would be significant and unavoidable.

As mitigation would result in GHG emissions that exceed the 2030 and 2040 Los Gatos efficiency thresholds and, thus, State targets, the proposed 2040 General Plan would impede “substantial progress” toward meeting the CARB 2017 Scoping Plan, SB 32, and EO B-55-18 targets. Therefore, with implementation of the identified mitigation, impacts related to the proposed 2040 General Plan consistency with applicable GHG reduction plans would be significant and unavoidable with mitigation incorporated.

Transportation
Significant and Unavoidable Cumulative Impact T-1: Development and growth envisioned in the 2040 General Plan would increase use and demand of existing transit facilities in Los Gatos. The 2040 General Plan includes goals and policies that would encourage transit use and bicycling and walking while also encouraging development or expansion of existing facilities to accommodate increased use. However, transit ridership and operations would be affected from congestion and sharing lanes with other vehicles. Therefore, impacts of the 2040 General Plan would be significant and unavoidable.

Mitigation Measures:

There are no feasible mitigation measures to reduce potentially significant effects related to transit operations and ridership.

Finding:

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Facts in Support of Finding:

The goals, policies, and implementation measures in the 2040 General Plan are designed to reduce VMT in Los Gatos through infill development, higher-density and mixed-use development, and trip reduction measures. However, transit ridership and operations would be affected from congestion and sharing lanes with other vehicles. There are no other feasible mitigation measures available andimpacts would be significant and unavoidable.

Significant and Unavoidable Cumulative Impact T-4: Development and population growth facilitated by the 2040 General Plan would increase VMT in Los Gatos. VMT per service population and population growth in 2040 would exceed applicable thresholds specific to the Town. Therefore, the 2040 General Plan would result in VMT-related impacts. Impacts would be significant and unavoidable.

Mitigation Measure:

T-1 VMT Reduction Strategies. For projects that would generate VMT, one or more VMT reduction strategies included in the SB 743 Implementation Decisions for the Town of Los Gatos (July 2020) document shall be required to reduce VMT of the project. Examples of VMT reduction strategies that shall be implemented are provided below. The VMT reduction strategies are organized by their relative scale for implementation (i.e., individual site level, Town-wide level, and regional level).

Individual Site Level
▪ Encourage Telecommuting and Alternative Work Schedules: This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity for telecommuting. This strategy would reduce commute VMT but also result in a change in VMT for other travel purposes; thus, this strategy should consider the net change in the Town’s projectgenerated VMT. ▪ Provide Ride-Sharing Programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants.
▪ Provide Local Shuttles: This strategy focuses on providing local shuttle service. The local shuttles would provide service to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. Alternatively, a demand responsive service could be provided as subsidized trips by contracting to private transportation network companies (TNCs) or taxi companies. Note that implementation of this strategy would require regional or local agency implementation.
▪ Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing or leasing vans or shuttles, and often subsidizing the cost of at least program administration, if not more. Vanpools typically service employee’s commute to work, while shuttles service nearby transit stations and surrounding commercial centers. Scheduling and rider charges, if any, are within the employer’s purview.

Town-Wide Level
▪ Provide Bicycle and Pedestrian Network Improvements: This strategy focuses on creating a comprehensive bicycle and pedestrian network within the project and connecting to nearby destinations. Projects in Los Gatos tend to be smaller so the emphasis of this strategy would likely

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
be the construction of network improvements that connect the project site directly to nearby destinations. Alternatively, implementation could occur through an impact fee program or benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan and Connect Los Gatos.
▪ Provide Traffic Calming Measures: This strategy combines the California Air Pollution Control Officers Association (CAPCOA) research focused on traffic calming with new research on providing a low-stress bicycle network. Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. Building a low-stress bicycle network produces a similar outcome. One potential change in this strategy over time is that ebikes (and escooters) could extend the effective range of travel on the bicycle network, which could enhance the effectiveness of this strategy.
▪ Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs like ZipCar, Car2Go, and Gig.
▪ Limit Parking Supply: When combined with companion TDM measures, reduced parking supply discourages driving by limiting easy and convenient parking options. Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies.
▪ Unbundle Parking Costs from Property Cost: Unbundling separates parking costs from property cost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money.
▪ Implement Market Price Public Parking (On-Street): This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behavior and may also result in area-wide mode shifts.

Regional Level
▪ Increase Density: This strategy focuses on increasing density of land uses, where allowed by the General Plan and/or Zoning Ordinance, to reduce distances people travel and provide more travel mode options. This strategy also provides a foundation for many other strategies. For example, densification increases transit ridership, which justifies enhanced transit service. ▪ Increase Diversity of Urban and Suburban Developments: This strategy focuses on inclusion of mixed uses within projects or in consideration of the surrounding area to minimize vehicle travel in terms of both the number of trips and the length of those trips. ▪ Increase Transit Accessibility: This strategy focuses on encouraging the use of transit by locating a project with high density near transit. A project with a residential/commercial center designed around a bus station is referred to as a transit-oriented development (TOD). ▪ Integrate Affordable and Below Market Rate Housing: This strategy provides greater opportunities for lower income families to live closer to job centers since income effects probability that a commute will take transit or walk to work. ▪ Increase Transit Service Frequency/Speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in Los Gatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand-responsive transit service.

Note that implementation of this strategy would require regional or local agency implementation,

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
substantial changes to current transit practices, and would not likely be applicable for individual development projects.
▪ Implement Area or Cordon Pricing: This strategy focuses on implementing a cordon (i.e., boundary) pricing scheme, where a cordon is set around a specific area to charge a toll to enter the area by vehicle. The cordon location is usually the boundary of an area with limited points of access. The cordon toll may be constant, applied during peak periods, or be variable, with higher prices during congestion peak periods. The toll can also be based on a fixed schedule or be dynamic, responding to real-time congestion levels. Note that implementation of this strategy requires alternative modes of travel that are available and reliable, such as high-quality transit infrastructure.

Finding:

The population and employment growth facilitated from development envisioned in the 2040 General Plan would generate new vehicle trips. Each of these trips would result in VMT. As described above on page 4.15-21, buildout of the 2040 General Plan would generate approximately 1,280 employment opportunities. The approximately 1,280 employment opportunities that would result from buildout of the 2040 General Plan would not exceed the 1,760 employment opportunities forecast for Los Gatos in Plan Bay Area 2040. However, as described in Section 2, Project Description, the projected household population would increase by 8,970 people compared to what is considered existing with buildout of the 2040 General Plan. Some of the population growth expected from buildout of the 2040 General Plan would occur regardless of its implementation, such as growth expected from dwelling units already planned or approved for construction in Los Gatos. Nonetheless, household population growth would exceed Plan Bay Area 2040 forecasts for household population. Therefore, in context with the Town’s adopted VMT threshold of significance, this VMT impact, which is cumulative, would be potentially significant.

As described within Section 4.15, Transportation, implementation of the 2040 General Plan would result in VMT per service population that is approximately 19 percent greater than the applicable VMT threshold of

32.3. To reduce VMT per service population by 19 percent, VMT reduction strategies at the regional level would be required. However, implementation of regional strategies would require action on multiple agencies and municipalities in South San Francisco Bay and environs, such as cities of Campbell and San José or counties of Santa Clara and Santa Cruz. The Town is unable to ensure that other municipalities would participate in the regional VMT reduction strategies outlined in Mitigation Measure T-1. Therefore, it is not certain that a 19 percent reduction in VMT would be achievable. Accordingly, VMT impacts of the 2040 General Plan would be significant and unavoidable, even after implementation of mitigation.

4.4 Mitigation Monitoring and Reporting Program
As referenced above in the Findings, a MMRP has been prepared for the project and is to be adopted concurrently with these findings and statement of overriding considerations pursuant to Public Resources Code Section 21081(a)(1). The MMRP is provided as Appendix D to the Final EIR that will be used by the Town of Los Gatos to track compliance with the project mitigation measures. The MMRP will remain available for public review during the compliance period, which includes pre-construction coordination, construction, and post-construction documentation.
5 Project Alternatives

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Finding
Specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Where the Town of Los Gatos has determined that, even after the adoption of all feasible mitigation measures the project would still cause one or more significant environmental impacts that cannot be avoided or lessened to below a level of significance, the Town of Los Gatos must determine if there is a project alternative that is both environmentally superior and feasible. An alternative may be “infeasible” if it fails to achieve the most basic project objectives identified within the EIR. Further, “feasibility” under CEQA encompasses the desirability of the project “based on a reasonable balancing of the relevant economic, environmental, social, and technological factors” of a project (City of Del Mar, supra, 133 Cal.App.3d at page 417; see also Sequoyah Hills, supra, 23 Cal.Ap.4th at page 715).

Alternative 1: Low Growth
Alternative 1 is a low growth alternative. Under Alternative 1, the proposed 2040 General Plan would not include an increase in density ranges outside of Opportunity Areas, but would include a modest increase inside designated Opportunity Areas. Outside of Opportunity Areas, densities would remain within a range of four to 18 dwelling units per acre. Inside Opportunity Areas, density ranges would increase to 10 to 18 dwelling units per acre. Overall development and growth would be reduced compared to the 2040 General Plan. Alternative 1 would result in approximately 1,245,000 total daily VMT and a total VMT per service population of 22.65.

Alternative 1, Low Growth, would result in fewer impacts in comparison to the 2040 General Plan. Under this alternative there would be no increase in density ranges outside Opportunity Areas and modest increases inside Opportunity Areas. Overall, Alternative 1 performs similar to the 2040 General Plan in a majority of the resource areas. However, this alternative performs better than the 2040 General Plan in the following key areas:
▪ Air Quality
▪ Greenhouse Gases
Alternative 2: Medium Growth
Alternative 2 is a medium growth alternative. Under Alternative 2, the proposed 2040 General Plan would result in a modest increase in density ranges outside of Opportunity Areas but would include additional increases inside designated Opportunity Areas. Outside of Opportunity Areas, densities would increase to be within a range of 10 to 26 dwelling units per acre. Inside Opportunity Areas, density ranges would increase to 14 to 26 dwelling units per acre. Overall development and growth would be reduced compared to the 2040 General Plan. Alternative 2 would result in approximately 1,259,000 total daily VMT and a total VMT per service population of 22.205.

Alternative 2, Medium Growth would result in fewer impacts compared to the 2040 General Plan for many of the environmental resource impact areas. Under this alternative there would be modest increases in density ranges outside Opportunity Areas and additional increases inside Opportunity Areas. Overall, Alternative 2 performs better than the 2040 General Plan, in the following key areas:
▪ Air Quality
▪ Energy
▪ Greenhouse Gases
▪ Hydrology and Water Quality
▪ Population and Housing
▪ Public Services

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
Alternative 3: High Growth
Alternative 3 is a high-growth alternative that includes increased density ranges in all areas and additional increases that allow for higher-density development in Neighborhood Commercial and Mixed-Use Commercial designations outside Opportunity Areas. Typical densities are assumed to vary from 10 to 36 du/ac outside Opportunity Areas and 16 to 36 du/ac inside Opportunity Areas. Intensity varies from 0.75 FAR in LDR to 1.5 FAR in HDR and MU. When compared to Alternative 1, Alternative 3 would result in a three percent (600 to 750) increase in peak hour vehicle trips. Alternative 3 would generate the most traffic, primarily due to the addition of 3,170 new housing units. However, from a VMT efficiency perspective, Alternative 3 performs the best with an estimated 21.48 VMT per service population as compared with an estimated 22.65 VMT per service population in Alternative 1. While all four land use alternatives are actually very similar to one another, Alternative 3 would have the highest potential for internal trip making to occur and would see the highest shifts to non-vehicle transportation modes, like walking, biking, or taking transit.

Alternative 3, High Growth, would generally result in similar impacts to the proposed 2040 General Plan for several issue areas impacts. This alternative would involve substantially denser growth and development overall, and therefore less impacts to resources such as GHG and traffic. This alternative performs similarly to the 2040 General Plan in most of the resource areas. However, Alternative 3 performs better than the 2040 General Plan, in the following key areas:
▪ Greenhouse Gases
▪ Energy
▪ Population and Housing
Alternative 4: No Project
Section 15126.6(e) of the CEQA Guidelines requires a specific alternative of “no project” be evaluated in an EIR in order to allow decision makers to compare the impacts of approving a proposed project with the impacts of not approving that project. CEQA Guidelines Section 15126.6(e)(3) describes the two general types of no project alternative: (1) when the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the no project alternative would be the continuation of that plan; and (2) when the project is not a land use/regulatory plan, such as a specific development on an identifiable property, the no project alternative is the circumstance under which that project is not processed (i.e., no development occurs). Alternative 4 represents the former alternative type of no project and assumes the continued implementation of the current 2020 General Plan.

Alternative 4 is comprised of a land use pattern that reflects the land use identified in the existing 2020 General Plan. Under this alternative, the proposed 2040 General Plan would not be adopted and the existing General Plan, including the land use map and all of the General Plan goals and policies, would remain in place through the horizon year of 2040. Thus, any new development in Los Gatos would occur consistent with the existing land use designations and the allowed uses within each designation. Similarly, any new infrastructure in Los Gatos would occur as envisioned in the 2020 General Plan. Development under this alternative is anticipated to be less intensive and result in greater low-density residential development within the Town limits than under the 2040 General Plan. However, because this alternative would not include the higher density, higher height limits, and higher Floor Area Ratios (FAR) overall development and anticipated growth would be reduced compared to the 2040 General Plan. Overall, growth would be similar to that anticipated under the 2020 General Plan with approximately 13,730 dwelling units and a population of approximately 32,600 in the year 2040 (Town of Los Gatos, General Plan EIR 2020). This would be a reduction in overall development and growth compared to the 2040

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
General Plan which anticipates the addition of approximately 3,738 dwelling units, for a total population of approximately 39,221 and a total of 17,468 dwelling units in 2040.

Alternative 4, No Project Alternative, would not be considered environmentally superior overall because while it would involve less development and growth, it would result in a more dispersed ground disturbance than the 2040 General Plan. Further, this alternative does not place an emphasis on mixeduse and smart growth planning principles and the majority of growth and development under this alternative would occur outside of Opportunity Areas, resulting in less compact development. Although Alternative 4 would entail continued growth as dictated by the existing General Plan, new policies included in the 2040 General Plan, such as those in the Community Development Element, would not be adopted. Additionally, under Alternative 4, transportation improvements and GHG reduction strategies as part of the 2040 General Plan would not be implemented. Thus, daily VMT is anticipated to be greater under this alternative. Consequently, air contaminant and GHG emissions impacts and traffic impacts would be greater than for the proposed 2040 General Plan. Overall, Alternative 4 performs very similar to the 2040 General Plan and improves only in the following area:
▪ Aesthetics
Facts in Support of Finding
Alternative 1 and 3 perform slightly better than the 2040 General Plan in several impact areas. However, Alternative 2 was found to be superior to the 2040 General Plan in a reduction of impacts including air quality, energy, greenhouse gas emissions, hydrology and water quality, population and housing, and public services. Nevertheless, Alternative 2 would not fully meet the objectives/guiding principles of the 2040 General Plan. This alternative would not be as effective in achieving some of the land use goals and objectives of the 2040 General Plan because it would not contribute substantially to a pattern of compact future development or allow for the 2,000 new dwelling unit target of Town Council. The slower growth model is less consistent with the goals and vision of the 2040 General Plan that promote the development of a smart growth model that favors a mix of land uses and encourages active living through the development of mixed-use and connected neighborhoods.

For these reasons, none of the alternatives are more desirable than the 2040 General Plan in terms of meeting the Town’s guiding principles and objectives for the project, as outlined above under the Chapter 2, Project Description, of the Draft EIR. For this reason and because none of the proposed alternatives would completely avoid the project’s significant impacts, none of the proposed alternatives are considered feasible.
6 Statement of Overriding Considerations
Where there are significant and unavoidable impacts from a project, pursuant to Section 15093 of the California Code of Regulations, the Town of Los Gatos must “balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks, when determining whether to approve the project.” The record of those considerations shall include a written statement of overriding considerations that is supported by substantial evidence within the administrative record. A finding consistent with Section 15091(a)(3), that specific economic, legal, social, technological, or other

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
consideration, make infeasible any other mitigation measures or project alternatives that would avoid or lessen this impact to below a level of significance.

The Town finds and determines that, as proposed, the majority of the significant impacts of the project will be reduced to acceptable levels by implementation of mitigation measures recommended in these findings. However, the Town further finds that a cumulative impact to greenhouse gas emissions as well as impacts to transit and VMT, from the project that is significant and unavoidable even with the implementation of mitigation (Section 4.8, Greenhouse Gas Emissions, and Section 4.15, Transportation, of the Draft EIR). Collectively, reasonably foreseeable future development and growth in the Town of Los Gatos would generate greenhouse gas emissions and VMT, and affect transit ridership and operations beyond the capacity of the Town of Los Gatos. The proposed project would contribute to total greenhouse gas emissions, transit use and operation, and total VMT within the service area. The Town further finds that there are no other feasible mitigation measures or feasible project alternatives that will further mitigate, avoid, or reduce to a less-than-significant level these environmental effects.

After due consideration, and in light of the environmental, social, economic, and other considerations identified in the findings, General Plan 2040, and the record as a whole related to this project, the Town chooses to approve the project because, in its independent judgement, the benefits to the project as outlined below substantially outweigh the project’s significant and unavoidable adverse environmental impacts.

Benefits of the Project: The Town finds that the project, as approved, will have the following economic, social, technological, and environmental benefits:
▪ The 2040 General Plan updates outdated policies in a manner that meets current legal requirements for General Plans.
▪ The 2040 General Plan provides a more user-friendly document that will make use of the General Plan easier for decision makers, staff, and the public. ▪ The 2040 General Plan reflects current community goals and preferences as identified during the public outreach process.
▪ The project would emphasize infill and reuse development within the Town limits with a focus on increasing opportunities for housing development in key areas of the Town through increased density and mixed-use projects where appropriate.
▪ The project would provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.
▪ The project would protect the natural resources and scenic assets that define Los Gatos, including open space preserves, recreational trails, surrounding hillsides, and natural waterways. ▪ The project would manage, conserve, and preserve Los Gatos' natural environment for present and future generations and promotes sustainable uses of its resources. ▪ The project would recognize the importance of and promote ethnic, cultural, and socio-economic diversity and equity to enhance the quality of life in Los Gatos. ▪ The project would invigorate downtown Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors. ▪ The project would provide high quality municipal services to the Los Gatos community while sustaining the Town's long term fiscal health.

Town of Los Gatos
2040 General Plan
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
▪ The project would place a greater emphasis on reestablishing more complete neighborhood areas that meet the daily needs of residents to be located within a one-mile distance. ▪ The project meets the objectives of the State of California in promoting affordable housing. ▪ The project sets forth the values and objectives of the Town in providing a sense of community and inclusiveness of all residents while protecting the existing community assets and uniqueness that sets Los Gatos apart from other municipalities.

In order to achieve these objectives, the 2040 General Plan focuses on improving how residents get around, meeting community needs with available services, providing a greater sense of identity, adding housing options by promoting higher-density development and infill, and preserving established residential neighborhoods. For most of the Town, the 2040 General Plan preserves the existing pattern of uses and establishes policies for protection and long-term maintenance of established neighborhoods.

Generally, new development in accordance with the 2040 General Plan would result in re-use of properties, conversion of properties to different uses in response to market demand, and more intense use of land in defined areas.

With limited opportunities for new development in Los Gatos, the 2040 General Plan emphasizes infill and reuse development within the Town limits, encourages higher-density and mixed-use projects where appropriate, and supports development that compliments the existing natural and built environment.

New development would occur primarily where existing roads, water, and sewer are in place and in a manner that minimizes the impact of development on existing infrastructure and services.

Findings:

For each and all of these reasons, the Town of Los Gatos finds that the benefits of the project outweigh the significant and unavoidable environmental effect related to greenhouse gas emissions, transit, and VMT. Therefore, the adverse significant and unavoidable effect is considered to be acceptable by the Town of Los Gatos Town Council, which is the decision-making body for the project, given the importance of this project to the Town of Los Gatos.
7 Statement of Location and Custodian of
Documents
Public Resources Code Section 21081.6(a)(2) and Section 15091(e) of the California Code of Regulation requires that the Town of Los Gatos, as the Lead Agency, specify the location and custodian of the documents of other materials that constitute the record of proceedings upon which the decision has been based. The following location is where review of the record may be performed:

Town of Los Gatos Community Development Department
110 E. Main Street
Los Gatos, California 95030
The Town of Los Gatos has relied on all of the documents contained within the record of proceedings in reaching its decision on the project.

GPAC Revised Vision and Guiding Principles
May 2021

Vision
The Town of Los Gatos is a welcoming, family-oriented, and safe community nestled in the beautiful foothills of the Santa Cruz Mountains. The Town is a sustainable community that takes pride in its small-town character and provides a range of housing opportunities, historic neighborhoods, local culture and arts, excellent schools, and a lively and accessible downtown. The Town is pedestrian friendly andLos Gatos offers a choice of mobility options, housing opportunities, and superior public facilities and services, governed by and an open and responsive local government that is fiscally sound. Los Gatos has aA dynamic and thriving community, Los Gatos is committed to racial, social, and environmental justice and underscores its commitment to longterm well-being by embracing sustainability. economy that includes a mix of businesses throughout Town that serves all residents, workers, and visitors.

Guiding Principles
 Community Vitality
Invigorate downtown Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors. Foster the economic vitality of all Los Gatos business locations.

Preserve and enhance the Town's historic resources and character while guiding the community into the future.
 Connectivity
Emphasize the importance of connecting all facets of the Town to build a strong sense of community through building design, walkability, and safe streets.  Diverse Neighborhoods
Foster appropriate investments to maintain and enhance diverse neighborhoods, housing opportunities, and infrastructure to meet the needs of all current and future residents.  Fiscal Stability / Responsibility
Provide high quality municipal services to the Los Gatos community while sustaining the Town's long term fiscal healthwell-being.
 Government Transparency
Conduct governmental processes in an open manner and encourage public involvement in Town governance.
 Inclusivity
Recognize Value the importance of and promote ethnic, cultural, and socio-economic diversity and equity to enhance the quality of life in Los Gatos.

EXHIBIT 65

GPAC Revised Vision and Guiding Principles
May 2021

 Mobility
Provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.  Promote Public Safety
Maintain and enhance Los Gatos as a safe community through preparation and planning, education, and community design that is responsive to the full range of potential natural and man-made hazards and safety issues.
 Protect Natural ResourcesEnvironment
Protect and enhance the natural resources environment and scenic assetsbiotic communities that define Los Gatos, including but not limited to open space preserves, recreational trails, surrounding hillsides, and natural waterways.
 Sustainability
Manage, conserve, and preserve Los Gatos' natural environment for present and future generations.

Identify and provide opportunities to enhance the Town' s sustainability policies and practices.

1 MODIFICATIONS INCLUDED IN STAFF REPORT AND OTHER EXHIBITS

1. GPAC recommended changes to the Vision and Guiding Principles, included in Exhibit 6 and summarized here:
• Revise the Vision for added clarity and add a sentence about racial, social, and environmental justice;
• Delete “downtown” from the Community Vitality Guiding Principle so that it applies throughout Town;
• Add a new Guiding Principle titled “Connectivity” to state the importance of connecting all facets of the Town to build a strong sense of community through building design, walkability, and safe streets;
• Delete “the Town’s” from the Fiscal Stability/Responsibility Guiding Principles; and • Replace the word “Recognize” with the word “Value” in the Inclusivity Guiding Principle.

2. Revisions as a result of review by the State Department of Forestry, included in Exhibit 8 and listed here:
• Add reference to VHFHSZ’s in Policies CD-5.2 and CD-6.1. • New Policy PFS-1.7: “Water Supply for Fire Safety. Coordinate with local water providers to ensure and maintain the long-term sustainability of water supplies to meet current and anticipated future firefighting needs.” • Modified wording for Policies PFS-19.3 and PFS-20.1.
• Modified wording for Policy HAZ-1.3.
• Additional wording on page 9-4 to reference location of critical infrastructure listed in OAHMP.

New Policy HAZ-2.6: “Vegetative Hazards. Reduce the wildfire risks to existing and newly developed transportation networks through regular clearance and maintenance of vegetation adjacent to public roadways to current State and/or locally adopted fire safety standards for vegetation clearance in SRA’s or VHFHSZ’s.” • New Policy HAZ-2.7: “Wildfire Response. Following a large and/or destructive fire in Los Gatos or the region, the Town shall reassess standards and other requirements for new development and redevelopment and revise these requirements to ensure a high level of community resilience to fire events.”
• New Policy HAZ-2.8: “Community Fire Breaks. Establish and maintain community fire breaks and fuel modification/reduction zones, including public and private road clearance.”
• New Policy HAZ-2.9: “Fire Safety Development Precautions. Establish that minimum requisite firefighting services and infrastructure are ubiquitous throughout its Town, including but not limited to: high-visibility street signage and house numbers, appropriate street widths and building clearances for firefighting equipment and vehicles, high water pressure at all fire hydrants, and driving signage indicating rightsof-way with no outlets.” • Modified wording for Policy HAZ-3.5.

EXHIBIT 7

2 • New Policy HAZ-3.7: “Community Evacuation Trainings. Continue to conduct regular evacuation trainings with single-access community HOAs, residents, and the Wildfire Ad Hoc Committee; encourage residents in single-access communities to maintain emergency supplies for at least three days.”
• Modified wording for Hazards and Safety Element Implementation Programs C, G, and H.

3. Staff recommends a new Implementation Program in the Land Use Element as discussed in Section F of the Staff Report:

Five-year Land Use Element Review
The Town shall conduct a review of the Land Use Element every five years from the date of final approval, and revise and update as necessary. This review can include the following:
• Modify, add, or delete goals, policies, or programs to reflect notable changes in the Town over the previous period;
• Remove or modify programs that have been completed or require additional time; • Modify or add new goals, policies, or programs to reflect changing needs within the Town;
• Conduct a fiscal analysis; and
• Modify to reflect applicable changes in State law.

4. Staff from Parks and Public Works Department recommended Figure 5-1 Bike Facilities should be revised in the following ways:
• Shannon Road from Los Gatos Blvd to Cherry Blossom Lane should be revised from “Proposed Class I” to “Proposed Class II;”
• Installation of Class IV bike lanes on Winchester from Blossom Hill Road to Wimbledon Drive should be updated to reflect recent improvements as “Existing Class IV;” and • Blossom Hill Road between Los Gatos Boulevard and Highway 17 should be revised from “Proposed Class I/IV” to “Existing Class IV.”

5. Staff from Parks and Public Works Department recommended 5-3 Roadway Classifications should be revised in the following ways:
• Where the functional classification lines overlap Town Limits lines, make functional classification lines more visible;
• Bachman should be extended to University as a Neighborhood Collector; • Bayview between Main and Pennsylvania should a Neighborhood Collector; • Netflix campus circulation (northeast of 85/Winchester) is shown as Arterial. It should be Local;
• Hicks should extend south to Town Limits as a Hillside Collector; • Gateway should be a Neighborhood Collector;
• Longmeadow and Twin Oaks should be a Hillside Collector; • South Kennedy should be extended to Kennedy as a Hillside Collector; and • Union should be an Arterial.

6. Staff from Parks and Public Works Department recommended a street classifications list, similar to that included as Appendix F of the 2020 General Plan EIR, should also be included in the 2040 General Plan in association with their representation in Figure 5-3.

3 7. For compliance with the Town’s Green Stormwater Infrastructure Plan staff at the West Valley Clean Water Program and the Town’s Parks and Public Works Department recommend the following changes:
• Policy PFS-3.2 Non-Point Source Control Programs
Promote and implement Provide non-point source pollution source control programs to reduce and control the discharge of pollutants into the storm drain system, as required by the Town’s stormwater NPDES permit. Incorporate green stormwater infrastructure (GSI) elements, such as biotreatment or infiltration into private and public development to provide opportunities for stormwater collection and treatment, per the Town’s GSI Plan.
• Add the following Implementation Programs to the Public Facilities, Services, and Infrastructure Element:
o Incorporate Green Stormwater Infrastructure (GSI) elements, such as infiltration and biotreatment, into Town projects to provide opportunities for stormwater collection and treatment, per the Town’s GSI Plan.
o Modify the Town’s Complete Streets Policy to include Green Stormwater Infrastructure.
• Add the following underlined text to the introduction paragraph for Section 8.10 Hydrology and Water Quality:

Maintaining water quality and availability is a high priority and a complex challenge that becomes more critical as supplies become more uncertain due to climate change and a growing population. Goals and policies in this section address the quality and reliability of the Town’s long-term water supply, including during periods of drought.

To maintain water quality, surface water and groundwater must be protected from the impacts of past and future development using methods such as low-impact development requirements and the careful regulation of sub-surface dewatering. The Town supports the efforts of regulatory bodies, such as the San Francisco Regional Water Quality Control Board, the agency that controls discharge to San Francisco Bay from stormwater and other sources. The San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP) requires the Town of Los Gatos to implement programs that reduce urban runoff pollution. The MRP regulates stormwater discharges into local creeks and the San Francisco Bay to protect water quality. The Town participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), along with twelve other cities and towns, the County of Santa Clara, and the Santa Clara Valley Water District to implement the requirements of the MRP. As required by the MRP, the Town has developed a Green Stormwater Infrastructure (GSI) Plan that describes how the Town will gradually transform its urban landscape and storm drainage systems from “gray” to “green”; that is, supplement traditional storm drain infrastructure, where stormwater runoff flows directly from impervious surfaces into storm drains and receiving waters, with a more resilient, sustainable system that reduces and slows runoff by dispersing it to vegetated areas, promotes infiltration and evapotranspiration, collects runoff for nonpotable uses, and treats runoff using biotreatment and other GSI practices. The

4 control of wastewater and stormwater is discussed in more detail in the Public Facilities, Services, and Infrastructure Element.
• Revise Policy ENV-17.5 to state:

Retain and use rainwater on municipal facility sites, to the extent possible. Encourage rainwater harvesting and irrigation use in commercial and residential uses. Ensure that all development projects in Los Gatos maximize opportunities to filter, infiltrate, store, and reuse or evaporate stormwater runoff onsite.

MODIFICATIONS SUGGESTED IN PUBLIC COMMENTS
(Staff comments/recommendations in italics)
Introduction:

8. Revise the Protect Natural Resources Guiding Principle to say, “Protect and enhance the natural environment, scenic assets, and biotic communities that define Los Gatos, including but not limited to, open space preserves, recreational trails, surrounding hillsides, and waterways.” (neutral)
Racial, Social, and Environmental Justice Element:

9. Prioritize other topics by moving the Racial, Social, and Environmental Justice Element so that it is not first, or delete entire section. (neutral on order of Elements)

10. Inequities need to be discovered through looking at services through a more equitable lens in order to properly address them. Change Policy RSEJ-1.1 title from “Service Delivery” to “Identify Inequities.” (neutral)

11. Revise Policy RSEJ-1.4 to state, “Encourage development and improved access to affordable housing opportunities for all community members.” (neutral)

12. Revise Policy RSEJ-1.6 to include some data collection/analysis to measure the perceptions of residents, workers, and visitors by modifying to state, “PromoteImprove the perception score of Los Gatos as a welcoming, safe, and inclusive community regardless of age, ability status, and socio-economic status.” (not recommended)

13. In Policy RSEJ-1.7 use “increase” or “improve,” instead of “promote” in “Promote access to a quality living wage for all community members.” (neutral)

14. In Policy RSEJ-2.5 add recruiting/hiring from San Jose State University. (neutral)

15. Revise Policy RSEJ-2.7 to state, “Develop and i Implement and require cultural proficiency and anti-bias training for all Town employees and support similar training efforts undertaken by the business community.” (neutral)

16. Revise Policy RSEJ-2.8 to state, “Promote and encourage cultural proficiency and anti-bias training for all members of the community including residents, business owners, and local organizations.” (neutral)

17. In Policy RSEJ-6.2 clarify what it means and who is the target. (neutral)

18. Revise Policy RSEJ-6.3 to state, “Develop, provide, pPromote, and implement new and innovative approaches to facilitate communication between members of the community and Town elected officials and staff members.” (neutral)

5 19. Revise Racial, Social, and Environmental Justice Element Implementation Program N Tree Canopy Study to state, “Develop a study to measure tree canopy distribution throughout the Town and encourage the use of native plants when increasing green space. Consider habitat value in tree selection for the Town’s forest, and disallow the planting of invasive species.” (neutral)
Land Use Element:

20. Modify the number of new housing units:
a. No increase in housing levels. (not recommended)
b. Reduce the number of new housing units to a lower less ambitious target. (neutral) c. Reduce the number of new housing units to 1,993. (not recommended) d. Reduce the number of new housing units to 1,993 plus a 15-20 percent buffer. (neutral)

21. Modify land use designation of the property at 15810 Los Gatos Boulevard, APN 523-01- 001, from Low Density Residential to Mixed-Use Commercial to be more in line with existing use. (recommended)

22. Build a high-rise condo on the corner of Los Gatos Boulevard and Los Gatos-Almaden Road. (construction is not within the purview of the General Plan, but increased height limits in the Mixed Use Commercial land use designation could be considered)

23. Include Opportunity Areas in the General Plan as outlined in the Land Use Alternatives Report. (not recommended due to previous GPAC direction)

24. Maintain existing 2020 General Plan densities for Low Density Residential. (neutral)

25. Re-designate Hillside Residential “Fringe Areas” adjacent to San Jose for denser housing. (neutral)

26. Establish a new Low-Medium Density Residential land use category that allows for the development of duplexes and triplexes at a density range of between 6 and 13 dwelling units per acre. (neutral)

27. Utilize maximum FAR only for the non-residential components of mixed-use projects, because housing will be limited by maximum density. (neutral)

28. Change development rules to increase construction of diverse housing types, including greater density, higher height limits, lower parking requirements, more transit, and connection to light rail. (neutral)

29. Allow mixed-use developments in the High Density Residential designations. (neutral)

30. Increase maximum height limit on Los Gatos Boulevard from 45 to 55 or 65 feet to allow for the 4 over 1 product type (four stories of residential over one floor of retail or parking structure) or 5 over 1. (neutral)

31. Reduce the maximum allowed FAR in the Central Business District from 2.0 to 1.25. (neutral)

32. Table 3-1 should reflect an opportunity for additional new residential development on the North 40, if so desired by the Town. (not recommended as the Draft 2040 General Plan land use regulations do not include any change to the North 40 Specific Plan)

33. Modify Policy LU-3.2 to state, “Projects shall be evaluated and the Town shall apply appropriate mitigation measures and/or conditions of approval to reduce impacts on the

6 environment, urban services, and wildfire risk, including utilities, police, and fire.” (neutral)

34. Modify Goal LU-6 to state, “Ensure housing in the hillsides will not adversely affect the natural environment, migration and biological corridors, or endanger public health and safety.” (neutral)

35. Modify Section 3.6 Special Planning Areas to note that the North 40 Specific Plan was amended on September 4, 2018 after nearly 2 years of deliberation (starting on September 27, 2016 with a special meeting of Town Council). The Amendment was to Section 6.4.1 of the Specific Plan and it now allows that proposed developments within the Specific Plan "may request to enter into a Development Agreement reviewed pursuant to the established Architecture and Site Review approval process or the Planned Development Overlay process.” (neutral)

36. Either remove the North 40 from the Los Gatos Boulevard Community Place District or provide clarity as to the hierarchy of competing rules between the General Plan and the Specific Plan. (not recommended, the changes in the Draft 2040 General Plan do not change the relationship between the General Plan and the North 40 Specific Plan)

37. Modify Policy LU-20.1 to state, “The Town shall facilitate opportunities for all residents, other local governments, and stakeholders to provide meaningful and effective input on proposed planning activities early on and continuously throughout development review and the public review process.” (neutral)

38. Include a statement in Section 3.10, Goal LU-21, and/or Policy LU-21.1 on how the Town will engage and coordinate with public agency stakeholders, such as Midpen, in Town planning and policy projects that may impact the lands or responsibilities of those local agencies. (neutral)

39. In Policy LU-20.4, to increase public participation, include the use of traditional forms of communication, such as flyers mailed to homes, local newspaper ads, posters around town and places of worship, and other gathering points, and inclusion in school-published bulletins sent to parents, etc. (neutral)

40. Add a policy or implementation program to support a modification of the North 40 Specific Plan to allow up to 40 dwelling units per acre to be consistent with the Mixed-Use land use designation on Los Gatos Boulevard. (neutral)
Community Design Element:

41. Change the use of “Community Place District” to “Community Growth District” throughout document. (neutral)

42. To provide more flexibility in building style, consider deleting Policy CD-2.2: “Require multi-story buildings to incorporate step backs on upper floors to create a more humanscale and comfortable pedestrian environment.” (neutral)

43. Revise Policy CD-2.12 to state, “If feasible, require native, non-invasive, or non-fire-prone street trees to be installed for all new developments, to enhance neighborhood character and identity and to maximize shade coverage when mature.” (neutral)

44. Revise Policy CD-2.21 to state, “In high-density planning zones, the minimal amount of pedestrian-oriented lighting necessary should shall be provided in active pedestrian areas

7 and common areas for safety and security purposes.” (not recommended as the effect of these changes is a reversal of the policy’s intent)

45. Revise Policy CD-2.24 to state, “Encourage improvements to the public realm, including tree canopies, street furniture, paving, and landscaping, and lighting.” (neutral)

46. Include the dark-sky and/or the Illuminating Engineering Society of North America Model Lighting Ordinance or reference section ENC-7.11 in Policy CD-2.30. (neutral)

47. Revise Policy CD-2.31 to state, “Provide clear limits for Encourage lighting in mixed-use and commercial developments, including the prohibition of uplighting, limiting the Correlated Color Temperature of lighting, and turning off lights after activity hours, in order to find the balance between friendly illumination and preventing unnecessary light at night. such as string lighting, pole mounted lighting, and tree-hanging lighting, to further illuminate the site during nighttime hours for safety and community.” (not recommended as the effect of these changes is a reversal of the policy’s intent)

48. Revise Policy CD-2.40 to state, “Ensure that public improvements and private development provide landscaped Town gateways that create visual connections between the natural hillsides and open space areas and the community of Los Gatos with native, non-invasive, or non-fire-prone plant species.” (neutral)

49. Add a new Policy CD-5.6 Preserve Sensitive Natural Communities. “Sensitive natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects. These communities may or may not contain special status plants or their habitat.” (neutral)

50. Include the dark-sky and/or the Illuminating Engineering Society of North America Model Lighting Ordinance or reference section ENC-7.11 in Policy CD-6.5. (neutral)

51. Revise Policy CD-6.5 to state, “Outdoor lighting shall be limited and shielded so as not to be viewable from non-hillside areas and shall be of low intensity and of the lowest Correlated Color Temperature (CCT) available, no more than 3000K.” (neutral)

52. Remove Policy CD-9.2, and instead widen, reduce traffic signals, and prohibit parking on Los Gatos Boulevard to increase travel capacity. (not recommended)

53. Revise Policy CD-9.9 to state, “To soften the appearance of hardscape, incorporate landscaped medians using drought tolerant, native, non-invasive, or non-fire-prone plants, landscape buffers, and street trees.”

54. Modify Policy CD-11.6 to note that new trail connections located on or open to Valley Water property must be open to the general public and permitted by Valley Water. (neutral)

55. Add Policy or Implementation Program to adopt the Mills Act. (neutral) Mobility Element:

56. Remove Policy MOB-9.5 and increase capacity of SR 17 and SR 85. (not recommended)

57. Rebuild railway between Los Gatos and Santa Cruz as a mixed freight and public transit project. (outside the purview of the Los Gatos General Plan)

58. Make downtown streets bike and pedestrian only. (not recommended)

59. Require that new homes, duplexes, and ADUs provide off-street parking. (not recommended)

8 60. Add on/off ramps from SR 85 to Winchester. (outside the purview of the Los Gatos General Plan)

61. Add a new policy or implementation measure to consider a Town-wide Transit Signal Priority (TSP) system, and pursue funding for TSP implementation from new development, either through individual project contributions or the Town’s Transportation Impact Fee program. (The Town is working on the installation of Smart Signal infrastructure)

62. Add a new policy to work with VTA to identify where queue jump treatments for busses at intersections would be possible and effective, and pursue funding for design and implementation of queue jump treatments from new development, either through individual project contributions or the Town’s Transportation Impact Fee program. (neutral)

63. Add a new policy to work with VTA to identify locations for and implementation of in-lane bus stopping at key locations with merge challenges. (neutral, where right-of-way allows)

64. Add a new policy to identify Winchester Boulevard as a corridor for Complete Streets improvements including:
• Overall lane reduction and implementation of a Class IV separated bikeway; • Installation of bus boarding islands and improvements to address missing sidewalk gaps to make better connections to these bus stops;
• Improvements to pedestrian crossings across Winchester Boulevard, including high visibility crosswalks and integration of crossings into VTA bus stops; and/or • Signal improvements, including Transit Signal Priority, at Blossom Hill and Winchester Boulevard. (could be considered as part of future update to Bike and Pedestrian Master Plan)

65. Add a new policy to identify Los Gatos Boulevard as a corridor for Complete Streets improvements and integration with the large bicycle network identified in the VTA Bicycle Superhighway Implementation Plan. (could be considered as part of future update to Bike and Pedestrian Master Plan)

66. Add a policy in Section 5.7 to analyze and phase in on-street parking pricing to help improve the availability of on-street parking (through active monitoring of pricing and utilization), reduce congestion due to circling, lessen delay to transit vehicles, and reduce VMT. (Council is implementing the Parking Study including paid parking)

67. Add a definition of Traffic Impact Policy in the Glossary. (recommended)

68. Policy MOB-13.1 should include specific standards for shared parking that will be allowed in Town. (shared parking is addressed in other Town policies and codes) Public Facilities, Services, and Infrastructure Element:

69. Consider the following additions under Goal PFS-1:
• Consider adopting the MWENDO.
• Encourage non-potable reuse of water like graywater and rainwater/stormwater in new development and remodels.
• Require dedicated landscape meters where applicable.

9 • Require installation of separate submeters to each unit in multi-family developments and individual spaces within commercial buildings to encourage efficient water use. (neutral)

70. In Section 6.3 of the Public Facilities, Services, and Infrastructure Element clarify the second paragraph under Natural Drainage Systems. All creeks listed except Smith and San Tomas Aquino Creek flow to the Guadalupe River and the Guadalupe River is not within the Town limits. (recommended)

71. Revise Goal PFS-5 to state, “Conserve landfill space through composting, green waste, and chipping programs.” (not recommended, as the additional language limits the intent of the Goal)

72. On page 6-14 of the Public Facilities, Services, and Infrastructure Element LGS Recreation should be mentioned as the childcare provider with four Clubhouse childcare sites on the LGUSD campuses. For completeness it should be mentioned LGS Rec publishes a brochure of program offerings three times per year and offers several thousand programs and services for all ages. (neutral)

73. On page 6-15 of the Public Facilities, Services, and Infrastructure Element, move Figure 6- 1 “Recreation Locations” to the end of the section so it doesn't break up the discussion of recreation and social activities. (recommended)

74. Revise Policy PFS-13.4 to state, “Coordinate with local organizations, including LGS Recreation, to support intergenerational opportunities for seniors to safely interact with youth in Los Gatos.” (neutral)

75. Policies PFS-14.1 and PFS-14.3 describe Senior Services and indicates that the Town Manager connects seniors with resources in the community. This is the role of the LGS Rec along with other service providers. (neutral)

76. Revise Policy PFS-18.1 to state, “Emphasize Consider the use of CPTED principles in physical site planning as an effective potential means of reducing preventing crime. Open spaces, landscaping, parking lots, parks, play areas, and other public spaces shall be designed with maximum possible visual and aural exposure to community residents.” (neutral)

77. Revise Policy PFS-25.3 to state, “Encourage new or expanded public and private facilities or community center to host performing arts events.” (neutral)

78. Revise Policy PFS -25.4 to state, “Encourage private and public funding, development, and operation of cultural amenities, activities, and community centers.” (neutral)

79. Add more fruit trees throughout Los Gatos to increase supply of locally grown, fresh, healthy food, possibly under Section 6.13. (neutral)

80. Revise Public Facilities, Services, and Infrastructure Element Implementation Program L Outdoor Lighting Standards to state, “Establish outdoor lighting standards in the Town Code to address energy efficiency, dark sky conservation, and healthy ecosystems.” (neutral)
Open Space, Parks, and Recreation Element:

10 81. Revise Policy OSPR-2.1 to state, “Preserve the natural open space character of hillside lands, including natural topography, natural native vegetation, wildlife habitats and migration corridors, and viewsheds.” (neutral)

82. Revise Section 7.2 of the Open Space, Parks, and Recreation Element where it states that recreation services are provided on a full cost-recovery model. This does not accurately reflect the service model for recreation. (neutral)

83. Provide objective criteria, such as State Quimby Act guidelines, for open space dedication requirements in Policy OSP-4.6 and Implementation Program C. (neutral)

84. Modify Goal OSP-5 to state, “Preserve and enhance Los Gatos Creek, Los Gatos Creek Trail, and Ross Creek as open space amenities, which are critical to protecting biological resources.” (neutral)

85. Re-evaluate service model for offering recreation services to the community in order to continue Policies OSPR-6.3 and 6.4 and achieve financial stability. (neutral)

86. Plan for additional soccer fields. (neutral)

87. Add a policy prohibiting artificial turf, especially on Town-owned fields like Creekside Sports Park. (neutral)

88. Work with Schools to make school fields available for community sports. (neutral) Environmental and Sustainability Element:

89. Define the term “designated creek.” (recommended)

90. Revise the definition of “Ecosystem” in the Key Terms Section to state, “A community or group of living organisms that live in and interact with each other in a specific physical environment.” (neutral)

91. Modify Goal ENV-2 to state, “Maintain and enhance trees and significant natural features, especially native species and habitat.” (neutral)

92. Revise Policy ENV-2.3 to state, “Continue to update landscape design guidelines for development consistent with Biological Resources goals and policies. Landscape design should promote the implementation of locally native species, drought tolerant species, and fire-wise plants and designs, including in hillside areas and future planning areas.” (neutral)

93. Revise Policy ENV-4.2 to state that, “Maintain and support a network of open space preserves that protects the urban and natural forest and offers all residents access to nature while reserving some open space preserves for undisturbed habitat.” (neutral)

94. Revise Policy ENV-5.2 to state, “Require public and private projects to protect specialstatus native plant species and natural communities.” (neutral)

95. Change Policy ENV-7.6 to state, “Consider alternative methods prior to utilizing herbicides and pesticides on Town property as one tool within a comprehensive integrated pest management framework to minimize potential damage to native plants, birds, and other wildlife” and add “Integrated Pest Management (IPM)” to the list of key terms. (neutral)

96. Revise Policy ENV-7.7 to state, “Require that herbicides and pesticides used in areas adjacent to creeks and other water bodies are approved for use in aquatic habitats, ensuring minimized potential damage to public health, native plants, birds, and other wildlife.” (neutral)

11 97. Modify Policy ENV-7.10 to state, “Require that new development, remodels, and retrofits to increase bird safety by reducing hazardous building and architectural elements, and including bird safe and lighting design.” (neutral)

98. Modify Policy ENV-7.11 to state, “Require the design of building, street, landscape, and parking area lighting to improves safety, energy efficiency, protection of the night skies (dark sky protections), biological resources, and environmental soundness.” (neutral)

99. In Goal ENV-8 consider trade-offs between reduced carbon sequestration from reduced fuel load and emissions from prescribed fires that establish ecological resiliency in the face of wildfire, given the overwhelming benefits of reduced risks of catastrophic wildland fire on climate change. (neutral)
100. Modify Policy ENV-8.3 to state, “Require decreases to vehicle miles traveled (VMT), or other noise and air quality impacts mitigation measures, whenever the environmental review document concludes that the traffic generated by a development project would result in adverse impacts from air and noise pollution. Decreases in VMT could be achived achieved through transportation demand management (TDM) programs.” (neutral) 101. Modify or remove Policy ENV-8.7 to state, “Require developments to incorporate site planning, and other techniques to that reduce exposure of people to the impacts of high air pollutants from adjacent roadways.” (neutral)
102. Consider modifying Policy ENV-9.14 to reduce potential impact of requirement to exceed Title 24 on feasibility of construction of new affordable housing. (not recommended) 103. Revise Goal ENV-10 to state, “Become a zero-waste Town through encouraging sustainable procurement, extended producer responsibility, and innovative strategies, composting, green waste, and chipping programs.” (neutral) 104. Revise “Groundwater Management” section on page 8-19 as follows:

Valley Water manages the groundwater sub-basin with the primary objectives to recharge the basin, conserve water, increase water supply, and prevent waste or reduction of the water supply. Historically, over-extraction of the groundwater sub-basin has resulted in occurrences of subsidence in Santa Clara County. Subsidence occurs when underground water levels drop and clay layers compact, resulting in the sinking of the ground surface and a loss of aquifer capacity. To avoid any further subsidence and loss of aquifer capacity Valley Water works to maintain the sub-basin by augmenting natural percolation of rainfall and local stream runoff with via managed aquifer recharge using local and imported surface water. Valley Water’s managed supports a recharge program that includes 18 major recharge systems with in-stream and off-stream facilities. In addition to directly replenishing groundwater, Valley Water reduces the need for groundwater pumping through treated and untreated surface water deliveries, water conservation, and recycled water programs.

Based on these efforts, permanent subsidence was effectively halted around 1970, and groundwater levels recovered to sustainable levels. In 2019, Valley Water’s Groundwater Management Plan was approved by the Department of Water Resources as an Alternative to a Groundwater Sustainability Plan for Sustainable Groundwater Management Act compliance. While groundwater levels and storage decline during droughts, Valley

12 Water’s comprehensive groundwater management activities provide for subsequent recovery, and groundwater in the sub-basin is sustainably managed.

Valley Water operates a treated groundwater recharge/surface water reinjection program that promotes treated groundwater reuse from the clean-up of contaminated sites and recharges groundwater from local and imported surface water. Based on these efforts, the groundwater elevation in the groundwater sub-basin has been rising steadily for the past 40 years. As stated in the 2017 Walley Water Annual Groundwater Management Report, the groundwater supply has reached a “normal” stage (stage 1) of the District’s Water Shortage Contingency Plan and indicates good water supply conditions. (neutral) 105. Revise second paragraph of the “Groundwater Quality” section on page 8-22 as follows:

A few water quality problems have been detected in the sub-basin. High mineral salt concentrations have been identified in the upper aquifer zone along San Francisco Bay, the lower aquifer zone underlying Palo Alto, and the southeastern portion of the forebay area of the Santa Clara Valley sub-basin. Nitrate concentrations in the South County (Coyote and Llagas sub-basins) are e. Elevated and high nitrate concentrations are sporadically observed in the Santa Clara Valley Sub-basin. Monitoring continuously, installing physical barriers to runoff, and treating water properly are key activities used throughout the wastewater treatment and water conveyance system to maintain water quality standards. D However, drinking water standards are met at public water supply wells without the use of treatment methods beyond disinfection. Valley Water and public water suppliers conduct extensive monitoring of groundwater quality to understand conditions and trends and work with regulatory agencies to protect groundwater quality. (neutral)
106. Modify Policy ENV-16.4 to state, “Conserve existing creeks and avoid disturbances, including fencing, lighting, structures, hydrological barriers, and roads, to these areas.” (neutral)
107. Revise Policy ENV-16.3 to state, “Cooperate with Valley Water and other agencies to protect watersheds, groundwater, and riparian habitats from degradation.” (neutral) 108. Revise Policy ENV-17.8 to state, “Encourage Low-Impact Development (LID) measures to limit the amount of impervious surface in new development and redevelopment to maintain or increase the retention, treatment, and infiltration of urban stormwater runoff from pre-development conditions. LID measures should also apply to major remodeling projects and to public and recreation projects where possible.” (neutral) 109. Clarify how Policy ENV-18.5 applies to mixed-use neighborhoods. (neutral) 110. Revise Policy ENV-19.1 to state, “Require all new noise-sensitive developments, and sound- or noise-generating uses near open space, to provide a noise study prepared by a licensed acoustician with recommendations for reducing noise impacts to the maximum allowed level in the Noise Ordinance.” (neutral)
111. Add a policy to add a habitat overlay zone or riparian buffer zone to ensure riparian setbacks are enforced and riparian corridors are protected. (not recommended as a standard buffer or setback would not reflect the varying character and sensitivity of the riparian areas in Town)
112. Add a policy for wastewater recycling, at least for use on landscaping. (neutral)

13 113. Add a policy to create a Town-wide wildlife corridor study that researches where movement corridors exist and what structures are already infringing upon or helping habitat and movement (e.g. fences, buildings, structures, culverts, roads, and lighting). (neutral)
114. Develop a new Implementation Program under Policy ENV-6.3 to develop a Town-wide riparian setback policy with specific development standards near riparian corridors. (not recommended as a standard buffer or setback would not reflect the varying character and sensitivity of the riparian areas in Town)
115. Revise Environment and Sustainability Element Implementation Program K Riparian Corridor Lighting to state, “Establish a lighting setback policy for riparian corridors to protect these sensitive ecological areas and to maximize the distance between nighttime lighting and the corridor. No light should be placed in or directed towards the riparian corridor. Require careful lighting design in and near natural riparian corridors to direct light away and to maximize the distance between nighttime lighting and the corridor.” (not recommended)
116. Addition of a new plant-based eating education program to Implementation Programs in Section 8.12: “Plant Based Education: Implement programs to educate and support residents about the benefits of shifting to a plant-based diet, which includes improved health, curbing greenhouse gas emissions, reducing biodiversity loss and deforestation, reducing water usage, and reversing pollution of our air, land, and water.” (neutral) Hazards and Safety Element:
117. Explain within Section 9.2 of the Hazards and Safety Element that according to CALFIRE, 95 percent of all fires are caused by people (e.g., arson, escaped debris burns, and equipment use) and this is why “Fires that occur along the wildland-urban interface (WUI) are much more of a hazard…” It is also important to note that a high fire hazard severity zone does not describe the risk of a fire start, but rather describes potential impacts to natural ecosystems, known as fire severity. (neutral)
118. Add mandate that overhead utilities be undergrounded to reduce fire risks, especially in the hillsides. (not recommended, undergrounding is included in other Town policies and regulations)
119. Revise the discussion regarding dam inundation in Section 9.4 – Flood and Inundation Hazards to note that the Town of Los Gatos is also within the inundation area of Vasona Dam. (neutral)
Additional actions suggested in Public Comments:
120. Have a vote or poll of residents on the proposed changes in the Draft 2040 General Plan. (comment noted)
121. Request an exception to the RHNA requirement. (the deadline has passed) 122. Update Housing Element with the 2040 General Plan Land Use and Community Design Elements. (comment noted)

14 123. Conduct a Fiscal Impact Analysis to estimate the fiscal impacts of full buildout of the 2040 General Plan. (on April 5, 2022, Town Council decided not to conduct additional fiscal impact analyses)

Draft 2040 General Plan
4-18 Draft 2040 General Plan June 2021
Rural Atmosphere Preservation
Minimize development and preserve and enhance the rural atmosphere and natural plant and wildlife habitats in the hillsides.

Hillside Development Limitation
Limit hillside development, specifically in VHFHSZ’s, to mitigate wildfire risk.

Effective Visible Mass
Reduce effective visible mass through such means as stepping structures up and down the hillside, following topographical contours, and limiting the height and mass of wall planes.

Hillside Area Environmental Analysis Requirement
Require thorough environmental analysis for projects in hillside areas to ensure appropriate consideration of potential environmental impacts associated with projects.

Mountain and Hillside Viewshed Preservation
Preserve and protect the natural state of the Santa Cruz Mountains and surrounding hillsides by discouraging development on and near the hillsides that impacts viewsheds.

Preserve the natural topography and ecosystems within the hillside area by regulating grading, site placement, fencing, landscaping, and lighting.

Least Restrictive Development Areas
All development, including those in VHFHSZ’s, is required to adhere to the Least Restrictive Development Areas (LRDA) to ensure minimal disturbance of the natural environment and to avoid wildfire and geological hazards.

Ridge Line Grading Prohibition
Protect the natural ridge lines as defined in the Hillside Development Standards and Guidelines by prohibiting any grading that would alter the natural ridge line.

Natural Land Contours
New construction shall be designed to follow natural land contours and avoid mass grading.

When possible, flat pads should be avoided, and houses should be designed to conform to or step down the contours rather than be designed for flat pads. Grading large, flat yard areas should be avoided.

Hillside Landscaping Design
Hillside landscaping shall be designed to minimize formal landscaping and hardscapes and site them close to the residence, follow the natural topography, and preserve native trees, native plant and wildlife habitats, and migration corridors.

Lighting Design in Hillside Areas
Outdoor lighting shall be limited and shielded so as not to be viewable from non-hillside areas and shall be of low intensity.

Hillside Fencing Design
Fences in the hillsides should be of open design to allow passage of native wildlife.

EXHIBIT 8

6. Public Facilities, Services, and Infrastructure Element June 2021 Draft 2040 General Plan 6-5
Valley Water, the SJWC, and the Town of Los Gatos all have water conservation programs in place, including but not limited to the following:
 Los Gatos provides online tools and resources for homeowners and business owners on the Town website, including information on rebates through Valley Water;  SJWC offers complimentary water check-ups, educational materials, and free low-flow devices; and  Valley Water hosts a variety of informational resources at watersavings.org, including video tutorials and a calendar of classes and workshops.

The following goal and policies address the provision of water and water conservation efforts in Los Gatos.

Ensure an adequate water supply for the Town’s human, wildlife, and plant populations.

PFS-1.1 Water Conservation Requirements

Require that landscaping and hardscaping for all development is designed to minimize water usage and enhance water conservation.

PFS-1.2 Bay-Friendly Landscaping

Require the use of the Bay-Friendly Landscaping Guidelines in addition to the landscaping standards in the GreenPoint Rated Building Guidelines for all new home construction and remodeled homes.

PFS-1.3 Water-Saving Devices

Require the use of water-saving devices in new developments and plumbing-related remodels and develop incentives to encourage their installation in existing development.

PFS-1.4 Water-Efficient Irrigation Management Systems

Require all new development to install water-efficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls.

PFS-1.5 Sustainable Water Use
Encourage the Encourage the use of recycled and reclaimed water.

PFS-1.6 Recycled Water

Ensure proper provisions and conditions are in place for the use of recycled water in areas when this water becomes available.

PFS-1.7 Water Supply for Fire Safety

Coordinate with local water providers to ensure and maintain the long-term sustainability of water supplies to meet current and anticipated future firefighting needs.

Draft 2040 General Plan
6-24 Draft 2040 General Plan June 2021
Community Wildfire Protection Plan
In 2016, Santa Clara County led the development of a countywide strategic plan, the Santa Clara County Community Wildfire Protection Plan (CWPP), to assist in protecting human life and reducing property loss due to wildfire. The CWPP outlines countywide issues and strategies and provides detailed information and specific projects for each of the 14 at risk communities within the county. For the Los Gatos hillside area, the Annex 9 of the CWPP provides community and parcel-level risk assessment, identifies critical infrastructure and community values at risk, creates mitigation projects, and prioritizes to proactively address wildfire risk. The CWPP is maintained by SCCFD.
 Additional policies relating to wildfire risk, assessment, and mitigation are covered Section 9.2 (Urban and Wildland Fire Hazards) in the Hazards and Safety Element.

The following goals and policies guide fire protection efforts in Los Gatos.

Provide adequate fire protection and emergency medical response services to Town residents and businesses.

PFS-19.1 First Response Travel Time
Work with the SCCFD to ensure that first response travel time is maintained and enhanced where possible.

PFS-19.2 Emergency Response Facilities and Personnel
Work with the SCCFD to continue to increase the emergency response facilities and personnel necessary to meet residential and employment growth in the Town.

PFS-19.3 Fire Safety Requirements for New Developments
New development shall be required to incorporate and identify the location of the anticipated water supply, adequate emergency water flow, fire resistant design and materials, and evacuation routes.

PFS-19.4 Emergency Vehicle Accessibility
New development shall be accessible to emergency vehicles and shall not impede the ability of service providers to provide adequate emergency response.

Promote coordination between land use planning and fire protection.

PFS-20.1 Adequate Roadways for Fire-Fighting Apparatus
Build and Rrequire that new, existing, and non-conforming roadways, specifically those in SRA and VHFHSZ areas that are adequate constructed and updated to reflect contemporary fire safe standards in terms of width, radius, and grade in compliance with SCCFD requirements. At a minimum, new and improved roadways shall to accommodate SCCFD fire-fighting apparatus, while maintaining Los Gatos’s neighborhoods and small-town character.

PFS-20.2 Fire Hazard Mitigation in Project Review
Identify and mitigate fire hazards during the project review and approval process.